Penske Media Corporation v. Freeplay Music, LLC et al
| Penske Media Corporation and Variety Media, LLC |
| Does 1 through 5, inclusive and Freeplay Music, LLC |
| 2:2015cv06822 |
| September 2, 2015 |
| U.S. District Court for the Central District of California |
| Andrew J Wistrich |
| Other Statutory Actions |
| 28 U.S.C. § 1338 |
| None |
Docket Report
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| Filing 49 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/7/2015, 2/29/2016 re Transcript #48 , #47 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY |
| Filing 48 TRANSCRIPT for proceedings held on 2/29/2016; 10:11 a.m.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/12/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/20/2016. (at) |
| Filing 47 TRANSCRIPT for proceedings held on 12/7/2015; 10:06 a.m. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/12/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/20/2016. (at) |
| Filing 46 TRANSCRIPT ORDER as to Plaintiff Penske Media Corporation, Variety Media, LLC for Court Smart (CS). Court will contact Sean M. Hardy at smhardy@ftllp.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Hardy, Sean) |
| Filing 45 NOTICE of Voluntary Dismissal filed by plaintiffs Penske Media Corporation, Variety Media, LLC. Dismissal is without prejudice. (Freedman, Bryan) |
Filing 44
ORDER re Stipulation to Extend Deadline to File Second Amended Complaint by Magistrate Judge Andrew J. Wistrich: GRANTED. #43 (klg)
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| Filing 43 STIPULATION for Extension of Time to File TO EXTEND DEADLINE TO FILE SECOND AMENDED COMPLAINT (LOCAL RULE 7-1) filed by Plaintiffs Penske Media Corporation, Variety Media, LLC. (Attachments: #1 Proposed Order)(Freedman, Bryan) |
| Filing 42 MINUTE REGARDING DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT by Magistrate Judge Andrew J. Wistrich: granting in part and denying in part #36 MOTION to Dismiss Case. The motion is granted in part and denied in part. The first amended complaint is dismissed with leave to amend within 14 days. Defendant shall have 14 days from service of the second amended complaint to file an answer or other responsive pleading. IT IS SO ORDERED. (mz) |
| Filing 41 MINUTES OF Motion Hearing [#36] held before Magistrate Judge Andrew J. Wistrich: The motion is submitted for decision. Separate order to issue.Court Recorder: CS 02-29-2016. (yb) Modified on 4/1/2016 (yb). |
| Filing 40 OBJECTIONS to Reply (Motion related), #39 OBJECTION OF PLAINTIFFS TO DECLARATION OF MARK BRINKER FILED BY DEFENDANT IN SUPPORT OF ITS REPLY filed by Plaintiffs Penske Media Corporation, Variety Media, LLC. (Freedman, Bryan) |
| Filing 39 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case #36 (FREEPLAY MUSIC LLC'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO DISIMISS AMENDED COMPLAINT) filed by Defendant Freeplay Music, LLC. (Attachments: #1 Declaration Declaration of Mark Brinker)(Welsh, Robert) |
| Filing 38 OBJECTION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #36 OBJECTION OF PLAINTIFFS TO DECLARATION OF MICHELLE OZOG AND ATTACHED EXHIBITS FILED BY DEFENDANT IN SUPPORT OF ITS MOTION TO DISMISS filed by Plaintiffs Penske Media Corporation, Variety Media, LLC. (Freedman, Bryan) |
| Filing 37 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #36 PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS filed by Plaintiffs Penske Media Corporation, Variety Media, LLC. (Freedman, Bryan) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Freeplay Music, LLC. Motion set for hearing on 2/29/2016 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Declaration of Tatiana Markel, #2 Declaration of Michelle Ozog, #3 Exhibit A and B to Declaration of Michelle Ozog, #4 Proposed Order) (Welsh, Robert) |
| Filing 35 NOTICE of Manual Filing filed by Defendant Freeplay Music, LLC of 1 DVD containing 61 videos referenced in paragraph 19 of the Amended Complaint. (Welsh, Robert) |
| Filing 34 First AMENDED COMPLAINT against Defendant Does, Freeplay Music, LLC amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Penske Media Corporation, Variety Media, LLC(Freedman, Bryan) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #29 . The following error(s) was found: Other error(s) with document(s) are specified below In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) |
| Filing 32 MINUTES OF Defendant's motion to dismiss plaintiff's complaint [#20] hearing held before Magistrate Judge Andrew J. Wistrich: Defendant's motion to dismiss is granted. The complaint is dismissed with leave to amend within 14 days.Court Recorder: CS 12-07-2015. (yb) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Robert C Welsh counsel for Defendant Freeplay Music, LLC. Adding Tatiana Markel as counsel of record for Freeplay Music, LLC for the reason indicated in the G-123 Notice. Filed by Notice of Appearance Freeplay Music, LLC. (Welsh, Robert) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Robert C Welsh counsel for Defendant Freeplay Music, LLC. Adding Oren J. Warshavsky as counsel of record for Freeplay Music, LLC for the reason indicated in the G-123 Notice. Filed by Notice of Appearance Freeplay Music, LLC. (Welsh, Robert) |
| Filing 29 (Welsh, Robert) |
| Filing 28 REPLY NOTICE OF MOTION AND MOTION to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendant Freeplay Music, LLC. (Attachments: #1 Declaration of Tatiana Markel in support of Defendant's Reply, #2 Exhibit A, #3 Declaration of Michelle Ozog in support of Defendant's Reply, #4 Exhibit D)(Welsh, Robert) |
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Filing 26
ORDER GRANTING APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Magistrate Judge Andrew J. Wistrich: granting #16 APPLICATION to Appear Pro Hac Vice by Attorney Oren J. Warshavsky on behalf of Defendant Freeplay Music, LLC, designating Robert C. Welsh as local counsel. (mz)
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Filing 27
ORDER GRANTING APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Magistrate Judge Andrew J. Wistrich: granting #17 APPLICATION to Appear Pro Hac Vice by Attorney Tatiana Markel on behalf of Defendant Freeplay Music, LLC, designating Robert C. Welsh as local counsel. (mz)
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| Filing 25 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS filed by Plaintiffs Penske Media Corporation, Variety Media, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Freedman, Bryan) |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Plaintiffs Penske Media Corporation, Variety Media, LLC. (Attachments: #1 Declaration Todd Greene, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Declaration Sean Hardy, #10 Exhibit 1)(Freedman, Bryan) |
| Filing 23 NOTICE OF CLERICAL ERROR: Due to a clerical error the reassignment to a district judge was premature and the case is returned to Judge Wistrich underthe Magistrate Judge Direct Assignment Program #22 . To ensure proper routing of documents, all documents filed with the court must reflect the following case number and judge's initials: CV15-06822 AJW. (mg) |
| Filing 22 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiffs Penske Media Corporation, Variety Media, LLC., and Defendant Freeplay Music, LLC. (mg) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Tatiana Markel to Appear Pro Hac Vice (PHV FEE NOT PAID.) #17 , APPLICATION for to Appear Pro Hac Vice (PHV FEE NOT PAID.) #16 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3 (c); Failed to list the state court where attorney is admitted. Attorney only listed federal courts See Instructions for Applicants (1) (G-64). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss , NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Freeplay Music, LLC. Motion set for hearing on 12/7/2015 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (Attachments: #1 Declaration of Tatiana Markel in Support of Defendant's Motion to Dismiss Plaintiffs' Complaint, #2 Declaration of Michelle Ozog in Support of Defendant's Motion to Dismiss Plaintiffs' Complaint, #3 Exhibit A-C to Michelle Ozog Declaration, #4 Proposed Order) (Welsh, Robert) |
| Filing 19 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Welsh, Robert) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Robert C Welsh counsel for Defendant Freeplay Music, LLC. Adding Robert C. Welsh as counsel of record for Freeplay Music, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Freeplay Music, LLC. (Welsh, Robert) |
| Filing 17 APPLICATION for attorney Tatiana Markel to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Freeplay Music, LLC. (Attachments: #1 Proposed Order) (Welsh, Robert) |
| Filing 16 APPLICATION for to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Oren J. Warshavsky Freeplay Music, LLC. (Attachments: #1 Proposed Order) (Attorney Robert C Welsh added to party Freeplay Music, LLC(pty:dft)) (Welsh, Robert) |
| Filing 15 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Penske Media Corporation, Variety Media, LLC. (Freedman, Bryan) |
| Filing 14 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Penske Media Corporation, Variety Media, LLC. (Freedman, Bryan) |
| Filing 13 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Andrew J. Wistrich to Judge Otis D. Wright, II for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alexander F. MacKinnon. The case number will now reflect the initials of the transferee Judges CV 15-06822 ODW(AFMx). (rn) |
| Filing 12 OF SERVICE filed by Plaintiff Penske Media Corporation, Variety Media, LLC, re Reminder Notice to Counsel (CV-14) re MJ Civil Consent Pilot Project - optional html form, #11 served on 09/29/2015. (Freedman, Bryan) |
| Filing 11 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (yb) |
| Filing 10 STIPULATION for Extension of Time to File Answer to October 9, 2015 re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Penske Media Corporation, Variety Media, LLC. (Attachments: #1 Proposed Order)(Freedman, Bryan) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Penske Media Corporation, Variety Media, LLC, upon Defendant Freeplay Music, LLC served on 9/4/2015, answer due 9/25/2015. Service of the Summons and Complaint were executed upon Corporation Service Company, Registered Agent, By Serving Lynanne Gares - Process Sepcialist in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Freedman, Bryan) |
| Filing 8 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Penske Media Corporation, Variety Media, LLC. (Freedman, Bryan) |
| Filing 7 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (jp) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Freeplay Music, LLC. (jp) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Andrew J. Wistrich. (Attachments: #1 CV-11C Statement of Consent) (jp) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Penske Media Corporation, a Delaware corporation, Variety Media, LLC, a Delaware limited liability company. (Freedman, Bryan) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Penske Media Corporation, a Delaware corporation, Variety Media, LLC, a Delaware limited liability company, identifying None. (Freedman, Bryan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Penske Media Corporation, a Delaware corporation, Variety Media, LLC, a Delaware limited liability company. (Freedman, Bryan) |
| Filing 1 COMPLAINT Receipt No: 0973-16379586 - Fee: $400, filed by Plaintiff Penske Media Corporation, a Delaware corporation, Variety Media, LLC, a Delaware limited liability company. (Attorney Bryan J Freedman added to party Penske Media Corporation, a Delaware corporation(pty:pla), Attorney Bryan J Freedman added to party Variety Media, LLC, a Delaware limited liability company(pty:pla))(Freedman, Bryan) |
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