William Smith et al v. The Weeknd et al
Plaintiff: Scott McCulloch, William Smith and Brian Clover
Defendant: Wassim Salibi, UMG Recordings, Inc., Universal Music Publishing LTD, Jason Quenneville, MXM Publishing, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, The Weeknd XO, Inc., Warner/Chappell Music, Inc., Artist Nation Management Group, Inc., The Weeknd, Peter Anders Svensson, Universal Music Group, Inc., Karl Martin Sandberg, Big Life Music Ltd, Ahmad Balshe, KMR Music Royalties II SCSP, Songs of SMP, Sal and CO Management LP, Abel Makkonen Tesfaye, Ali Payami, DeHeala and Co., LLC, The Weeknd XO Music, ULC, Universal Music Corporation, Sal and CO LP, Tony Sal, MXM, LLC, WB Music Corp., SONGS Music Publishing LLC, Universal Music Publishing BL Limited, Warner/Chappell Music Scandinavia AB, Universal Music Publishing, Inc., The Weeknd XO, LLC, XO&co., Inc., Wolf Cousins, MXM Music AB, UMG Recordings, Inc. doing business as Republic Records and XO&co., Inc. doing business as XO
Alternative Dispute Resolution (Adr) Provider: Sidney K Kanazawa and Alan G Dowling
Case Number: 2:2019cv02507
Filed: April 3, 2019
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Referring Judge: Michael R Wilner
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 501
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2020 Filing 152 BILL OF COSTS. Costs taxed in the amount of $10,090.56 in favor of Defendants and against Plaintiffs. RE: APPLICATION to the Clerk to Tax Costs against All Plaintiffs re: Judgment. #139 , #143 (vmun)
September 4, 2020 Opinion or Order Filing 151 MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #144 MOTION for Attorney Fees. For the foregoing reasons, the Court concludes that the degree of success that Defendants achieved is the only factor that weighs clearly in favor of awarding them attorneys' fees. All other factors either are on balance neutral or weigh against awarding fees. Taking into account all of the circumstances of the case and considering all of the relevant factors, the Court in its discretion declines to award attorneys' fees to Defendants. See Ets-Hokin, 323 F.3d at 766 (affirming denial of fees where the only factor weighing in the prevailing defendant's favor was the degree of success obtained). The Court therefore denies Defendants' Motion for Attorneys' Fees. (SEE DOCUMENT FOR DETAILS) (mrgo)
August 31, 2020 Filing 150 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees #144 filed by Defendants MXM Music AB, The Weeknd XO, LLC, Warner/Chappell Music, Inc.. (Attachments: #1 Reply Declaration, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Anderson, Peter)
August 24, 2020 Filing 149 Opposition Motion to Appoint Attorneys Fees re: NOTICE OF MOTION AND MOTION for Attorney Fees #144 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Declaration Declaration of Brian Clover, #2 Declaration Declaration of Scott McCulloch)(Glennon, James)
August 21, 2020 Filing 148 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55861 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, #146 as to Plaintiffs Brian Clover and Scott McCulloch. (yl)
August 21, 2020 Filing 147 RESPONSE IN SUPPORT of APPLICATION to the Clerk to Tax Costs against plaintiffs All Plaintiffs re: Judgment, #139 , #143 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Attachments: #1 Exhibit 3)(Anderson, Peter)
August 19, 2020 Filing 146 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff/Appellant Brian Clover, Scott McCulloch. Appeal of Judgment, #139 , Order on Motion for Summary Judgment,,,, #138 , Order on Motion to Continue,,, #123 , Order on Motion to Compel Answers to Interrogatories,, Order on Motion to Produce, #108 , Minutes of In Chambers Order/Directive - no proceeding held,,, Add and Terminate Attorneys,, #107 , Order on Motion to Withdraw as Attorney,,,,, #105 , Order on Motion to Dismiss Case,, #56 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27699332.) (Attachments: #1 Exhibit Judgement and Orders)(Glennon, James)
August 19, 2020 Filing 145 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against plaintiffs All Plaintiffs re: Judgment, #139 , #143 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Glennon, James)
August 13, 2020 Filing 144 NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendants MXM Music AB, The Weeknd XO, LLC, Warner/Chappell Music, Inc.. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Declaration of P. Anderson, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Declaration of L. Pina, #7 Proposed Order) (Anderson, Peter)
August 5, 2020 Filing 143 APPLICATION to the Clerk to Tax Costs against plaintiffs All Plaintiffs re: Judgment, #139 , filed by defendants Warner/Chappell Music, Inc., MXM Music AB, Jason Quenneville, The Weeknd XO, Inc., DeHeala and Co., LLC, The Weeknd XO, LLC, XO&co., Inc., Universal Music Corporation, Universal Music Publishing, Inc., SONGS Music Publishing LLC, Savan Harish Kotecha, Wolf Cousins, UMG Recordings, Inc., Karl Martin Sandberg, Kobalt Songs Music Publishing, Inc., Sal and CO Management LP, Ahmad Balshe, Artist Nation Management Group, Inc., Wassim Salibi, Sal and CO LP, The Weeknd XO Music, ULC, MXM, LLC, Abel Makkonen Tesfaye. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Anderson, Peter)
July 31, 2020 Opinion or Order Filing 142 ORDER EXTENDING DEADLINE TO FILE MOTION FOR ATTORNEYS' FEES by Judge Percy Anderson, re Stipulation for Extension of Time to File, #141 . IT IS HEREBY ORDERED that the time for Defendants to file a motion for attorneys' fees be and hereby is extended to August 13, 2020. (mrgo)
July 31, 2020 Filing 141 STIPULATION for Extension of Time to File Motion for Attorney Fees filed by defendant Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Warner/Chappell Music, Inc., XO&co., Inc.. (Attachments: #1 Proposed Order)(Anderson, Peter)
July 23, 2020 Filing 140 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 Judgment) (mrgo)
July 22, 2020 Filing 139 JUDGMENT by Judge Percy Anderson Related to: Order on Motion for Summary Judgment, #138 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants shall have judgment in their favor against plaintiffs William Smith, Brian Clover, and Scott McCulloch (collectively "Plaintiffs"). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs take nothing and that Defendants shall have their costs of suit. (MD JS-6, Case Terminated). (mrgo)
July 22, 2020 Opinion or Order Filing 138 MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #113 for Summary Judgment. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for July 20, 2020, is vacated, and the matter taken off calendar. For all of the foregoing reasons, the Court concludes that Plaintiffs have failed to establish genuine disputed issues of material fact concerning Defendants' access to Plaintiffs' musical composition or that Defendants' musical composition is substantially similar to Plaintiffs' work in its protectable elements. As a result, Plaintiffs cannot establish a triable issue of fact as to either access or copying to prevail on their claims for copyright infringement. Plaintiffs' state law claims also fail as a matter of law. The Court therefore grants Defendants' Motion for Summary Judgment. The Court will issue a Judgment consistent with this Order. (See document for full details) (mrgo)
July 17, 2020 Opinion or Order Filing 137 TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, the MOTION for Summary Judgment #113 currently set for hearing on July 20, 2020, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
July 16, 2020 Filing 136 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion, #134 . The following error(s) was/were found: Missing attorney's information on title page. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom)
July 16, 2020 Filing 135 REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' OBJECTIONS TO PLAINTIFFS' EVIDENCE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT re NOTICE OF MOTION AND MOTION for Summary Judgment #113 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Anderson, Peter)
July 15, 2020 Filing 134 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment #113 PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO PLAINTIFFS EVIDENCE IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Glennon, James)
July 14, 2020 Filing 133 MEDIATION REPORT Filed by Mediator (ADR Panel) Sidney K Kanazawa: Mediation held on July 10, 2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Kanazawa, Sidney)
July 7, 2020 Filing 132 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #113 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Attachments: #1 Anderson Reply Declaration, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Reply to Plaintiffs' Statement of Genuine Disputes, #7 Objections to Plaintiffs' Evidence)(Anderson, Peter)
June 29, 2020 Filing 131 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #113 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Memorandum Plaintiff's Statement of Genuine Issues, #2 Declaration Declaration of P. Kennedy, #3 Declaration Declaration of W. Smith, #4 Declaration Declaration of S. McCulloch, #5 Declaration Declaration of B. Clover 56(d), #6 Declaration Declaration of Brian Clover, #7 Declaration Declaration of J. Glennon, #8 Declaration Declaration of Dr. Stewart)(Glennon, James)
June 19, 2020 Filing 130 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: PETITION of Non-Resident Attorney Tracey A. Jordan to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26867863) #127 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Other error(s) with document(s): Document is an Application, not a Petition. (Thrasher, Lupe)
June 18, 2020 Opinion or Order Filing 129 ORDER by Judge Percy Anderson: granting #127 Non-Resident Attorney Tracey A Jordan APPLICATION to Appear Pro Hac Vice on behalf of Brian Clover, Scott McCulloch, William Smith a, designating Diana R Lotfi as local counsel. (lom)
June 18, 2020 Filing 128 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Sidney K Kanazawa has been assigned to serve as Panel Mediator. (mb)
June 18, 2020 Filing 127 PETITION of Non-Resident Attorney Tracey A. Jordan to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26867863) filed by Plaintiff Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Proposed Order) (Lotfi, Diana)
June 17, 2020 Opinion or Order Filing 126 ORDER by Judge Percy Anderson: granting #124 Non-Resident Attorney Thomas B. Orlando APPLICATION to Appear Pro Hac Vice on behalf of Brian Clover, Scott McCulloch, William Smith, designating Diana R Lotfi as local counsel. (lom)
June 17, 2020 Filing 125 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Thomas B. Orlando to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26831612) #124 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (Thrasher, Lupe)
June 16, 2020 Filing 124 APPLICATION of Non-Resident Attorney Thomas B. Orlando to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26831612) filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Exhibit Certificate of Good Standing) (Lotfi, Diana)
June 9, 2020 Opinion or Order Filing 123 ORDER ON PLAINTIFFS EX PARTE APPLICATION TO CONTINUE DATES #120 by Judge Percy Anderson: Plaintiffs opposition to the Defendants' motion for summary judgment is extended from June 15, 2020 to June 29, 2020. Defendants' optional reply, if any, is now due on July 7, 2020. The hearing on Defendants' motion for summary judgment is continued to July 20, 2020, at 1:30 p.m. #113 . The final pretrial conference is continued to August 14, 2020, at 1:30 p.m. and the deadline for filing pretrial documents is continued from July 3, 2020, to July 31, 2020. The filing of the Final Trial Exhibit Stipulation is is extended from August 6 to September 7, 2020. Hearing on motions in limine and disputed jury instructions is continued to September 7, 2020, at 1:30 p.m. All other pretrial deadlines remain the same. Trial is continued from August 11, 2020 to September 15, 2020, at 8:30 a.m. (lc)
June 8, 2020 Filing 122 OPPOSITION to EX PARTE APPLICATION to Continue Dates from June 15, 2020 to September 15, 2020 #120 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Anderson, Peter)
June 8, 2020 Filing 121 NOTICE OF SERVICE filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith, re EX PARTE APPLICATION to Continue Dates from June 15, 2020 to September 15, 2020 #120 served on 06/08/2020. (Lotfi, Diana)
June 8, 2020 Filing 120 EX PARTE APPLICATION to Continue Dates from June 15, 2020 to September 15, 2020 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Lotfi, Diana)
June 4, 2020 Filing 119 Notice of Appearance or Withdrawal of Counsel: for attorney James B Glennon counsel for Plaintiffs Brian Clover, Scott McCulloch, William Smith. Adding James B. Glennon as counsel of record for Brian Clover, Scott McCulloch, and William Smith for the reason indicated in the G-123 Notice. Filed by Plaintiffs William Smith, Brian Clover, Scott McCulloch. (Glennon, James)
June 4, 2020 Filing 118 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #117 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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)
June 4, 2020 Filing 117 NOTICE of Appearance filed by attorney James B Glennon on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Attorney James B Glennon added to party Brian Clover(pty:pla), Attorney James B Glennon added to party Scott McCulloch(pty:pla), Attorney James B Glennon added to party William Smith(pty:pla))(Glennon, James)
June 4, 2020 Filing 116 Notice of Appearance or Withdrawal of Counsel: for attorney Diana R Lotfi counsel for Plaintiffs Brian Clover, Scott McCulloch, William Smith. Adding Diana R. Lotfi as counsel of record for William Smith; Brian Clover; Scott McCulloch for the reason indicated in the G-123 Notice. Filed by Plaintiff Diana R. Lotfi. (Attorney Diana R Lotfi added to party Brian Clover(pty:pla), Attorney Diana R Lotfi added to party Scott McCulloch(pty:pla), Attorney Diana R Lotfi added to party William Smith(pty:pla))(Lotfi, Diana)
June 1, 2020 Filing 115 NOTICE of Manual Filing filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Publishing, Inc., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc. of Audio CD. (Anderson, Peter)
June 1, 2020 Filing 114 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment #113 (Anderson, Peter)
June 1, 2020 Filing 113 NOTICE OF MOTION AND MOTION for Summary Judgment filed by plaintiffs Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. Motion set for hearing on 7/6/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Declaration Ahmed Balshe, #3 Declaration Ali Payami, #4 Declaration Abel Tesfaye, #5 Declaration Jason Quenneville, #6 Declaration Karl Martin Sandberg, #7 Declaration Peter Svensson, #8 Declaration Serban Ghenea, #9 Declaration Sheryl Gold, #10 Declaration Savan Kotecha, #11 Declaration Dr. Lawrence Ferrara, #12 Exhibit Ferrara Ex 2, #13 Exhibit Ferrar Ex 4, #14 Declaration Robert Morris, #15 Exhibit Morris Ex 6, #16 Exhibit Morris Ex 7, #17 Declaration Peter Anderson, #18 Exhibit Anderson Ex 1, #19 Exhibit Anderson Ex 3, #20 Exhibit Anderson Ex 6, #21 Exhibit Anderson Ex 7, #22 Exhibit Anderson Ex 8, #23 Exhibit Anderson Ex 9, #24 Exhibit Anderson Ex 10, #25 Exhibit Anderson 11, #26 Proposed Statement of Uncontroverted Facts and Conclusions of Law, #27 Proposed Order Granting Motion for Summary Judgment, #28 Proposed Judgment, #29 Proof of Service) (Anderson, Peter)
May 26, 2020 Filing 112 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of depositions. Court Recorder: AT&T 5/26/2020. (vm)
May 26, 2020 Opinion or Order Filing 111 ORDER RE SCHEDULED DATES FOR PLAINTIFFS DEPOSITIONS by Magistrate Judge Michael R. Wilner. (See Order for details) re Stipulation for Discovery #110 (vm)
May 25, 2020 Filing 110 STIPULATION for Discovery as to Scheduling of Depositions of Plaintiffs and re telephonic conference with Magistrate Judge filed by defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Attachments: #1 Proposed Order)(Anderson, Peter)
May 20, 2020 Filing 109 SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for May 26, 2020 at 9:30 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY
May 14, 2020 Opinion or Order Filing 108 MINUTES (IN CHAMBERS) ORDER DISMISSING DISCOVERY MOTION by Magistrate Judge Michael R. Wilner. Given the status of the action, the discovery motion is DISMISSED without prejudice. It may be renewed in compliance with the Local Rules of this Court. (See Minute Order for further details) dismissing #83 Motion to Compel Answers to Interrogatories; dismissing #83 Motion to Produce (vm)
May 11, 2020 Opinion or Order Filing 107 MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On May 4, 2020, the Court provisionally granted the Motion to Withdraw as Counsel filed by counsel for plaintiffs William Smith, Brian Clover, and Scott McCulloch (collectively Plaintiffs). The Court's May 4, 2020 Order #105 provided that Plaintiffs' counsel would be relieved as attorneys of record for Plaintiffs once they filed a declaration attesting to their having satisfied certain conditions. The Court is now in receipt of counsels' declaration #106 , which satisfiesthe conditions set by the Court. The Court therefore grants the Motion to Withdraw as Counsel filed by Francis Alexander, LLC and Kulik Gottesman Siegel & Ware LLP. (lom)
May 11, 2020 Filing 106 DECLARATION of AJ Fluehr, Esquire re Order on Motion to Withdraw as Attorney,,,,, #105 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Fluehr, Alfred)
May 4, 2020 Opinion or Order Filing 105 MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson. Before the Court is a Motion to Withdraw as Counsel ("Motion to Withdraw") (Docket No. 94) filed by counsel for plaintiffs William Smith, Brian Clover, and Scott McCulloch (collectively "Plaintiffs"). Plaintiffs have filed an Opposition to the Motion to Withdraw. Counsel for defendants filed a Notice of Non-Opposition. In granting Plaintiffs' counsel's Ex Parte Application to Shorten Time, the Court previously took the Motion to Withdraw under submission. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. (SEE DOCUMENT FOR DETAILS). For the foregoing reasons, the Court provisionally grants Plaintiffs' counsels' Motion to Withdraw. The law firms of Francis Alexander, LLC, and Kulik Gottesman Siegel & Ware LLP are relieved of their duties as attorneys of record for Plaintiffs on the condition that they prepare a declaration that is filed with the Court and served on Plaintiffs no later than May 11, 2020. This declaration must include the following: (see document for details). In the interim, Francis Alexander, LLC and Kulik Gottesman Siegel & Ware LLP remain counsel of record. Failure to comply with any of these conditions will result in the denial of the Motion to Withdraw. (mrgo)
May 1, 2020 Filing 104 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Alfred Fluehr, Glen Kulik, David Bernardoni to Withdraw as Attorney #94 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Anderson, Peter)
May 1, 2020 Filing 103 OPPOSITION to EX PARTE APPLICATION of Alfred Fluehr, Glen Kulik, David Bernardoni to Withdraw as Attorney #98 , NOTICE OF MOTION AND MOTION of Alfred Fluehr, Glen Kulik, David Bernardoni to Withdraw as Attorney #94 ***Plaintiffs' Response to Counsel's Motion*** filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Fluehr, Alfred)
April 28, 2020 Filing 102 PROOF OF SERVICE filed by Counsel for Plaintiffs Brian Clover, Scott McCulloch, William Smith, re Order on Motion to Withdraw as Attorney,,,, Order on Motion for Leave to File Document Under Seal,,, #101 served on April 28, 2020. (Fluehr, Alfred)
April 28, 2020 Opinion or Order Filing 101 MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson. Counsel for plaintiffs William Smith, Brian Clover, and Scott McCulloch (collectively "Plaintiffs") have filed both a Motion to Withdraw as Counsel (Docket No. 94) and an Ex Parte Application to Withdraw as Counsel (Docket No. 98). The Court construes the Ex Parte Application to Withdraw as an ex parte application to shorten time on the hearing on the Motion to Withdraw. The Court grants the application to shorten time. Any Opposition to the Motion to Withdraw as Counsel shall be filed by no later than Friday, May 1, 2020, at 12:00 p.m. Plaintiffs' counsel shall facilitate the electronic filing of any response Plaintiffs wish to file to the Motion to Withdraw. After May 1, 2020, the Court will deem the Motion to Withdraw as Counsel under submission. The Court grants Plaintiffs' Ex Parte Application to File Email Under Seal (Docket No. 99). (mrgo)
April 27, 2020 Filing 100 SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document April 23, 2020 Email under seal #99 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Unredacted Document)(Fluehr, Alfred)
April 27, 2020 Filing 99 EX PARTE APPLICATION to file document April 23, 2020 Email under seal filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Signed Application, #2 Declaration, #3 Redacted Document, #4 Proposed Order)(Fluehr, Alfred)
April 27, 2020 Filing 98 EX PARTE APPLICATION of Alfred Fluehr, Glen Kulik, David Bernardoni to Withdraw as Attorney filed by Counsel for Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Memorandum, #2 Declaration of AJ Fluehr, #3 Proposed Order) (Fluehr, Alfred)
April 27, 2020 Filing 97 MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of case. Court Recorder: XTR 4/27/2020. (vm)
April 24, 2020 Filing 96 SUPPLEMENT to MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Exhibit 1 - Spotify Play Count for A Lonely Night)(Fluehr, Alfred)
April 24, 2020 Filing 95 SUPPLEMENT to MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Anderson, Peter)
April 23, 2020 Filing 94 NOTICE OF MOTION AND MOTION of Alfred Fluehr, Glen Kulik, David Bernardoni to Withdraw as Attorney filed by Counsel for Plaintiffs Brian Clover, Scott McCulloch, William Smith. Motion set for hearing on 6/1/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order) (Fluehr, Alfred)
April 22, 2020 Opinion or Order Filing 93 MINUTE (IN CHAMBERS) ORDER RE: TELEPHONE CONFERENCE by Magistrate Judge Michael R. Wilner. The Court sets the matter for an informal telephone conference with the lawyers if they can safely participate from home or an isolated area on Monday, April 27, at 9:30 a.m. PT. Any party may file a short supplement (NTE 3 pages) about the status of the dispute by the close of business on Friday, April 24. (See Minute Order for further details) (vm)
April 9, 2020 Opinion or Order Filing 92 ORDER DENYING STIPULATION AMENDING SCHEDULED DATES by Judge Percy Anderson, re Stipulation to Amend/Correct, #91 . Accordingly, the stipulation to extend all pretrial and trial dates by 60 days is denied. The Court orders lead attorneys for the parties shall meet and confer telephonically to arrange dates for the necessary depositions. Depositions can either be in person, by video, or telephonically. Court reporters can also appear telephonically. (mrgo)
April 9, 2020 Filing 91 STIPULATION to Amend Order,, Set/Reset Deadlines/Hearings, #75 filed by defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM, LLC, Jason Quenneville, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Attachments: #1 Proposed Order)(Anderson, Peter)
March 30, 2020 Filing 90 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Alan G Dowling has been assigned to serve as Panel Mediator. (mb)
March 27, 2020 Filing 89 MEMORANDUM in Support of MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 ***Supplemental Memorandum Responding to Court Order [Doc. No. 87]*** filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Supplemental Declaration of AJ Fluehr)(Fluehr, Alfred)
March 25, 2020 Filing 88 MEMORANDUM in Opposition to MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Attachments: #1 Supplemental Declaration)(Anderson, Peter)
March 19, 2020 Opinion or Order Filing 87 MINUTE (IN CHAMBERS) ORDER RE: DISCOVERY MOTION by Magistrate Judge Michael R. Wilner. The motion is noticed for a hearing on April 8. Due to the uncertainty associated with the ongoing coronavirus outbreak, the hearing is VACATED. In the meantime, the Court directs Plaintiffs to submit supplemental materials by March 27. (See Minute Order for further details) re: MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 . (vm)
March 18, 2020 Filing 86 DECLARATION of Nicholas Tardif In Opposition to MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Fluehr, Alfred)
March 18, 2020 Filing 85 DECLARATION of Peter Anderson In Opposition to MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Fluehr, Alfred)
March 18, 2020 Filing 84 DECLARATION of AJ Fluehr In Support of MOTION to Compel Answers to Interrogatories of All Defendants MOTION to Produce Financial Documents, Communications, Preexisting Works #83 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Fluehr, Alfred)
March 18, 2020 Filing 83 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of All Defendants , MOTION to Produce Financial Documents, Communications, Preexisting Works filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. Motion set for hearing on 4/8/2020 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Proposed Order, #2 Joint Stipulation)(Fluehr, Alfred)
November 21, 2019 Filing 82 Supplemental NOTICE of Interested Parties filed by Defendants Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Karl Martin Sandberg, Wolf Cousins, identifying Savan Harish Kotecha, Karl Martin Sandberg, MXM, LLC, MXM Music, AB, MXM Publishing, Wolf Cousins. (Anderson, Peter)
November 21, 2019 Filing 81 ANSWER to Amended Complaint/Petition,,, #66 JURY DEMAND. filed by defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc..(Anderson, Peter)
November 6, 2019 Opinion or Order Filing 80 MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #67 MOTION to Dismiss Case. For all of the foregoing reasons, the Court denies Moving defendants' Motion to Dismiss. Defendants shall answer the 1st AC by no later than 11/21/2019. (See document for details) (mrgo)
November 4, 2019 Filing 79 REPLY support NOTICE OF MOTION AND MOTION to Dismiss Case #67 filed by Defendants Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. (Anderson, Peter)
October 30, 2019 Filing 78 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant MXM, LLC served on 10/10/2019, answer due 10/31/2019. Service of the Summons and Complaint were executed upon California Secretary of State in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. ***SUBSTITUTED SERVICE ON CALIFORNIA SEC. OF STATE PURSUANT TO COURT ORDER*** (Attachments: #1 Exhibit 1 - Affidavit of Service, #2 Exhibit 2 - Letter Sent to Defendant MXM, LLC)(Fluehr, Alfred)
October 30, 2019 Filing 77 SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, by Publication on September 21, 2019 and September 28, 2019 upon Defendant Savan Harish Kotecha last date of publication 10/12/2019, answer due 11/1/2019; MXM Music AB last date of publication 10/12/2019, answer due 11/1/2019; MXM Publishing last date of publication 10/12/2019, answer due 11/1/2019; Karl Martin Sandberg last date of publication 10/12/2019, answer due 11/1/2019; Wolf Cousins last date of publication 10/12/2019, answer due 11/1/2019. Publication was made in the Los Angeles Times. (Attachments: #1 Exhibit 1 - Affidavit from Los Angeles Times, #2 Exhibit 2 - Letter Served on Sandberg Defendants, #3 Exhibit 3 - Letter Served on Defendant Kotecha)(Fluehr, Alfred)
October 29, 2019 Opinion or Order Filing 76 ORDER EXTENDING TIME FOR DEFENDANT MXM, LLC, TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Percy Anderson re Stipulation to Extend Time to Answer (More than 30 days), #71 . IT IS HEREBY ORDERED that the time for the Additional Defendants to respond to Plaintiffs' complaint be and hereby is extended to the same deadline by which, once the Court rules on the pending Motion to Dismiss (Doc. 67) filed by other defendants, those other defendants have to plead to Plaintiffs' then-operative complaint. (mrgo)
October 29, 2019 Opinion or Order Filing 75 CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 6/1/2020. Motions due by 6/8/2020. Final Pretrial Conference set for 7/17/2020 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 8/11/2020 at 09:00 AM before Judge Percy Anderson.) (mrgo)
October 28, 2019 Opinion or Order Filing 74 ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than June 15, 2020. (mrgo)
October 28, 2019 Opinion or Order Filing 73 PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. (See document for details) (mrgo) Modified on 10/29/2019 (mrgo).
October 28, 2019 Opinion or Order Filing 72 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. Dates set by the Court in this action are listed in the "Schedule of Trial and Pretrial Dates" attached to this order. The scheduling conference currently on calendar for Monday, November 4, 2019, at 10:30 a.m. is hereby vacated, and the matter taken off calendar. (Amended Pleadings due by 1/27/2020. Discovery cut-off 6/1/2020. Exhibit List due by 7/3/2020. Witness List due by 7/3/2020. Motions due by 6/8/2020. Motions in Limine to be filed by 7/17/2020. Proposed Pretrial Order due by 7/3/2020. Status Report due by 7/3/2020. Last date to conduct settlement conference is 6/15/2020. Final Pretrial Conference set for 7/17/2020 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 8/11/2020 at 09:00 AM before Judge Percy Anderson.) (mrgo)
October 28, 2019 Filing 71 STIPULATION for Extension of Time to File Answer to as per Court ruling on pending Motion to Dismiss filed by other defendants re Amended Complaint/Petition,,, #66 filed by defendants Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Karl Martin Sandberg, Wolf Cousins. (Attachments: #1 Proposed Order)(Attorney Peter J Anderson added to party Savan Harish Kotecha(pty:dft), Attorney Peter J Anderson added to party MXM Music AB(pty:dft), Attorney Peter J Anderson added to party MXM Publishing(pty:dft), Attorney Peter J Anderson added to party MXM, LLC(pty:dft), Attorney Peter J Anderson added to party Karl Martin Sandberg(pty:dft), Attorney Peter J Anderson added to party Wolf Cousins(pty:dft))(Anderson, Peter)
October 28, 2019 Filing 70 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #67 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Proposed Order)(Fluehr, Alfred)
October 23, 2019 Filing 69 NOTICE of Errata Regarding Joint Rule 26(f) Report filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Joint Rule 26(f) Report - Fully Signed)(Fluehr, Alfred)
October 21, 2019 Filing 68 JOINT FRCP 26(f) REPORT filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Fluehr, Alfred)
October 10, 2019 Filing 67 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 ISO of Motion to Dismiss, #2 Proposed Order Granting Motion to Dismiss) (Anderson, Peter)
September 26, 2019 Filing 66 FIRST AMENDED COMPLAINT against Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch (Attachments: #1 Exhibits for Complaint)(Fluehr, Alfred)
September 24, 2019 Opinion or Order Filing 65 MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The 1st AC includes various portions of "striked-out" text related to claims and remedies that the Court dismissed without leave to amend when it granted the Motion to Dismiss the original Complaint. According to a footnote in the 1st AC, Plaintiffs have included this striked-out text "to make it clear that Plaintiffs are not waiving their rights in the event of an appeal." The inclusion of this striked-out text is wholly unnecessary and a violation of the Court's statement in its August 23, 2019 Minute Order granting the Motion to Dismiss that "[t]he First Amended Complaint shall not include any new or different defendants, claims, causes of action, or legal theories other than those specifically authorized in this Order, without leave of this Court." The Court therefore strikes the 1st AC filed by Plaintiffs on September 16, 2019, and orders that they file a revised 1st AC without the striked-out text by no later than September 30, 2019. (mrgo)
September 17, 2019 Opinion or Order Filing 64 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 11/4/2019 at 10:30 AM before Judge Percy Anderson.) (mrgo)
September 16, 2019 Filing 63 FIRST AMENDED COMPLAINT against Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch (Attachments: #1 Exhibits to Amended Complaint)(Fluehr, Alfred)
September 9, 2019 Opinion or Order Filing 62 MINUTES: IN CHAMBERS-COURT ORDER by Judge Percy Anderson: The hearing calendared for September 16, 2019 #54 , is vacated, and the matter taken off calendar. For all of the foregoing reasons, the Court grants Plaintiffs Motion for Alternative Service. The Court extends to November 4, 2019, the deadline for Plaintiffs to serve Kotecha and the Sandberg Defendants. The Court further orders Plaintiffs to mail to Kotecha and the Sandberg Defendants at the addresses Plaintiffs have used for service the Summons and operative Complaint and a copy of this Order. (SEE MINUTES FOR FURTHER DETAILS) (yl)
September 4, 2019 Filing 61 RESPONSE filed by Plaintiffs Brian Clover, Scott McCulloch, William Smithto Order on Motion for Extension of Time to File,,, #48 Regarding Unserved Defendants (Fluehr, Alfred)
September 4, 2019 Filing 60 NOTICE OF DISMISSAL filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch pursuant to FRCP 41a(1) WITHOUT PREJUDICE as to Big Life Music Ltd, KMR Music Royalties II SCSP, Ali Payami, Peter Anders Svensson, The Weeknd, Universal Music Publishing BL Limited, Universal Music Publishing LTD, Warner/Chappell Music Scandinavia AB. (Fluehr, Alfred)
August 23, 2019 Filing 59 RECEIPT FOR FOREIGN SERVICE from U. S. Post Office for documents Re: (Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 , Summons Issued (Attorney Civil Case Opening), #10 ) mailed to Big Life Music Ltd, 88/90 Baker Street, London, W1U 6TQ on 8/23/19 (mrgo)
August 23, 2019 Filing 58 RECEIPT FOR FOREIGN SERVICE from U. S. Post Office for documents Re: (Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 , Summons Issued (Attorney Civil Case Opening), #10 ) mailed to Universal Music Publishing BL Limited, 4Pancras Square, London, United Kingdom, N1C4AG on 8/23/19. (mrgo)
August 23, 2019 Filing 57 RECEIPT FOR FOREIGN SERVICE from U. S. Post Office for documents Re: (Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 , Summons Issued (Attorney Civil Case Opening), #10 ) mailed to Universal Music Publishing LTD, 4Pancras Square, London, United Kingdom, N1C4AG on 8/23/19. (mrgo)
August 23, 2019 Opinion or Order Filing 56 MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #47 MOTION to Dismiss Case. For all of the foregoing reasons, the Court grants Moving Defendants' Motion to Dismiss. The Court dismisses the second, third, fifth, sixth, and seventh claims with leave to amend. The Complaint's fourth claim, and the prayers for punitive damages, statutory damages, and attorneys' fees are dismissed without leave to amend. The Court denies Moving Defendants' Motion to Strike. Plaintiffs shall file their First Amended Complaint by no later than September 16, 2019. (See document for details) (mrgo)
August 22, 2019 Opinion or Order Filing 55 TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, MOTION to Dismiss #47 currently set for hearing on August 26, 2019 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
August 12, 2019 Filing 54 NOTICE OF MOTION AND MOTION for Service by Publication and Corporate Service filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. Motion set for hearing on 9/16/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of AJ Fluehr, with Exhibits 1-8, #2 Proposed Order RE: MXM, LLC, #3 Proposed Order for Service by Publication) (Fluehr, Alfred)
August 12, 2019 Filing 53 REPLY in support of to Dismiss Case #47 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. (Anderson, Peter)
August 5, 2019 Filing 52 OPPOSITION to to Dismiss Case #47 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Proposed Order, #2 Declaration of AJ Fluehr, with Exhibit 1.)(Fluehr, Alfred)
August 5, 2019 Filing 51 NOTICE OF LODGING OF PROPOSED ORDER re to Dismiss Case #47 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. (Attachments: #1 Proposed Order)(Anderson, Peter)
August 1, 2019 Filing 50 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice (Other) #47 by clerk. The document is accepted as filed. Counsel are reminded to use correct events in future filings. Counsel shall file their proposed order forthwith. The Clerk is ordered to correct the event for the Motion and add a gavel to the docket. (lom)
August 1, 2019 Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #47 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motions > Dismiss and select Strike. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order is missing. Per Local Rule 5-4.4, "the proposed order or other proposed document shall be in PDF format and included, as an attachment, to the main electronically filed document (e.g., stipulations, applications, motions). Or electronically lodged as an attachment to a Notice of Lodging." In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (mrgo)
July 29, 2019 Opinion or Order Filing 48 MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson. Before the Court is a Motion to Extend Service Deadline and Authorize Alternative Service filed by plaintiffs William Smith, Brian Clover, and Scott McCulloch (collectively "Plaintiffs") (Docket No. 17). For all of the foregoing reasons, Plaintiffs' Motion is granted in part, and denied in part. The Court denies Plaintiffs' request for authorization to serve Kotecha and the Sandberg Defendants through Instagram. The Court does, however, extend until September 3, 2019, the deadline for Plaintiffs to serve those defendants. The Court orders Plaintiffs to show cause in writing by no later than September 4, 2019, why their claims against any domestic or foreign defendant who is not served by September 3, 2019, should not be dismissed for lack of prosecution. (See document for details) (mrgo)
July 29, 2019 Filing 47 NOTICE of Motion and Motion to Dismiss and to Strike filed by Defendants Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. (Anderson, Peter) Modified on 8/2/2019 (lom).
July 29, 2019 Filing 46 MEMORANDUM in Support Memorandum of Points and Authorities in Support of Motion to Dismiss and to Strike filed by Defendants Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. (Attachments: #1 Proposed Order)(Anderson, Peter)
July 29, 2019 Filing 45 NOTICE of Interested Parties filed by Defendants Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc., (Anderson, Peter)
July 18, 2019 Opinion or Order Filing 44 ORDER EXTENDING AND ADVANCING TIME TO RESPOND TO COMPLAINT IN ORDER TO ESTABLISH UNIFORM RESPONSE DATE by Judge Percy Anderson. IT IS HEREBY ORDERED. That the time for the First-Served Defendants to respond to Plaintiffs' Complaint be and hereby is extended from July 18, 2019, to July 29, 2019; That the time for Mr. Tesfaye to respond to Plaintiffs Complaint be and hereby is extended from July 22, 2019, to July 29, 2019 (See order for further details) (yl)
July 17, 2019 Filing 43 STIPULATION for Extension of Time to File Answer to 07-29-2019 re Complaint (Attorney Civil Case Opening), #1 filed by defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., XO&co., Inc.. (Attachments: #1 Proposed Order)(Attorney Peter J Anderson added to party Artist Nation Management Group, Inc.(pty:dft), Attorney Peter J Anderson added to party Ahmad Balshe(pty:dft), Attorney Peter J Anderson added to party DeHeala and Co., LLC(pty:dft), Attorney Peter J Anderson added to party Jason Quenneville(pty:dft), Attorney Peter J Anderson added to party Sal and CO LP(pty:dft), Attorney Peter J Anderson added to party Sal and CO Management LP(pty:dft), Attorney Peter J Anderson added to party Wassim Salibi(pty:dft), Attorney Peter J Anderson added to party The Weeknd(pty:dft), Attorney Peter J Anderson added to party The Weeknd XO Music, ULC(pty:dft), Attorney Peter J Anderson added to party The Weeknd XO, Inc.(pty:dft), Attorney Peter J Anderson added to party The Weeknd XO, LLC(pty:dft), Attorney Peter J Anderson added to party XO&co., Inc.(pty:dft))(Anderson, Peter)
July 3, 2019 Opinion or Order Filing 42 ORDER ON APPLICATION OF NONRESIDENTATTORNEY TO APPEAR IN ASPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #7 Non-Resident Attorney Fluehr, Alfred J. APPLICATION to Appear Pro Hac Vice on behalf of William Smith, Brian Clover, and Scott McCulloch, designating Glen L. Kulik as local counsel. (yl)
July 3, 2019 Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #34 RE: Letter #16 by Clerk of Court. The document is stricken. See Local Rule 83-2.5. No letters to Court. (bm)
July 2, 2019 Filing 40 NOTICE OF ERRATA filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. correcting Service of Summons and Complaint Returned Executed (21 days), #19 (Bernardoni, David)
July 2, 2019 Filing 39 NOTICE OF ERRATA filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. correcting Service of Summons and Complaint Returned Executed (21 days), #18 (Bernardoni, David)
July 2, 2019 Filing 38 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant SONGS Music Publishing LLC served on 6/7/2019, answer due 7/28/2019. Service of the Summons and Complaint were executed upon Corp. Service Company as registered agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bernardoni, David)
July 2, 2019 Filing 37 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Abel Makkonen Tesfaye waiver sent by Plaintiff on 5/23/2019, answer due 7/22/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 36 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon XO&co., Inc. waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 35 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Wassim Salibi waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #16 . The following error(s) was/were found: L.R. 83-2.5 No letters to Court In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (kss)
July 2, 2019 Filing 33 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon The Weeknd XO Music, ULC waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 32 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon The Weeknd XO, LLC waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 31 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon The Weeknd XO, Inc. waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Sal and CO Management LP waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 29 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Sal and CO LP waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 28 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Jason Quenneville waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 27 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon DeHeala and Co., LLC waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 26 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Artist Nation Management Group, Inc. waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Brian Clover, William Smith, Scott McCulloch. upon Ahmad Balshe waiver sent by Plaintiff on 6/18/2019, answer due 8/19/2019. Waiver of Service signed by attorney Peter Anderson. (Bernardoni, David)
July 2, 2019 Filing 24 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant Kobalt Songs Music Publishing, Inc. served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon CSC Lawyers Incorp. as registered agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bernardoni, David)
July 2, 2019 Filing 23 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant WB Music Corp. served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon CT Corp. as registered agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bernardoni, David)
July 2, 2019 Filing 22 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant Warner/Chappell Music, Inc. served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon CT Corp. as registered agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bernardoni, David)
July 2, 2019 Filing 21 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant Universal Music Publishing, Inc. served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon CT Corp. as registered agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bernardoni, David)
July 2, 2019 Filing 20 PROOF OF SERVICE Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant Universal Music Group, Inc. served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon CT Corp. as registered agent for service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bernardoni, David)
July 2, 2019 Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant Universal Music Corporation served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Bernardoni, David)
July 2, 2019 Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Brian Clover, William Smith, Scott McCulloch, upon Defendant UMG Recordings, Inc. served on 5/28/2019, answer due 7/18/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Bernardoni, David)
July 2, 2019 Filing 17 NOTICE OF MOTION AND MOTION for Extension of Time to File Service Document and Authorize Alternative Service filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. Motion set for hearing on 8/5/2019 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Alfred Fluehr, #2 Exhibit 1-8, #3 Proposed Order) (Bernardoni, David)
July 1, 2019 Filing 16 DOCUMENT STRICKEN ON 7/3/19. Letter from Fluehr re Request for Ruling on Motion for Admission Pro Hac Vice filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith re: APPLICATION of Non-Resident Attorney Alfred J. Fluehr to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23490646) #7 (Bernardoni, David) Modified on 7/3/2019 (bm).
June 27, 2019 Filing 15 STIPULATION Extending Time to Answer the complaint as to Songs of SMP answer now due 7/28/2019; SONGS Music Publishing LLC answer now due 7/28/2019, re Complaint (Attorney Civil Case Opening), #1 filed by defendants Songs of SMP; SONGS Music Publishing LLC.(Attorney Peter J Anderson added to party SONGS Music Publishing LLC(pty:dft), Attorney Peter J Anderson added to party Songs of SMP(pty:dft))(Anderson, Peter)
June 14, 2019 Filing 14 STIPULATION Extending Time to Answer the complaint as to Warner/Chappell Music, Inc. answer now due 7/18/2019; Universal Music Corporation answer now due 7/18/2019; Universal Music Publishing, Inc. answer now due 7/18/2019; UMG Recordings, Inc. answer now due 7/18/2019; Universal Music Group, Inc. answer now due 7/18/2019; Kobalt Songs Music Publishing, Inc. answer now due 7/18/2019; WB Music Corp. answer now due 7/18/2019; Abel Makkonen Tesfaye answer now due 7/18/2019, re Complaint (Attorney Civil Case Opening), #1 filed by defendants Warner/Chappell Music, Inc.; Universal Music Corporation; Universal Music Publishing, Inc.; UMG Recordings, Inc.; Universal Music Group, Inc.; Kobalt Songs Music Publishing, Inc.; WB Music Corp.; Abel Makkonen Tesfaye.(Attorney Peter J Anderson added to party Kobalt Songs Music Publishing, Inc.(pty:dft), Attorney Peter J Anderson added to party Abel Makkonen Tesfaye(pty:dft), Attorney Peter J Anderson added to party UMG Recordings, Inc.(pty:dft), Attorney Peter J Anderson added to party Universal Music Corporation(pty:dft), Attorney Peter J Anderson added to party Universal Music Group, Inc.(pty:dft), Attorney Peter J Anderson added to party Universal Music Publishing, Inc.(pty:dft), Attorney Peter J Anderson added to party WB Music Corp.(pty:dft), Attorney Peter J Anderson added to party Warner/Chappell Music, Inc.(pty:dft))(Anderson, Peter)
April 16, 2019 Opinion or Order Filing 13 ORDER by Judge Percy Anderson, DENYING APPLICATION of Non-Resident Attorney Francis Malofiy to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23490431) #6 . IT IS FURTHER ORDERED THAT the Application fee, if paid: be returned. (mrgo)
April 5, 2019 Opinion or Order Filing 12 MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson denying #6 Non-Resident Attorney Francis Malofiy APPLICATION to Appear Pro Hac Vice on behalf of plaintiffs William Smith, et al. Terming Attorney Francis A Malofiy. (See document for details) (mrgo)
April 3, 2019 Opinion or Order Filing 11 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. See document for further information. (twdb)
April 3, 2019 Filing 10 21 DAY Summons issued re Complaint #1 as to defendants Artist Nation Management Group, Inc., Ahmad Balshe, Big Life Music Ltd, DeHeala and Co., LLC, KMR Music Royalties II SCSP, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Ali Payami, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Peter Anders Svensson, Abel Makkonen Tesfaye, The Weeknd, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing BL Limited, Universal Music Publishing LTD, Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music Scandinavia AB, Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc. (esa)
April 3, 2019 Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
April 3, 2019 Filing 8 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Michael R. Wilner. (esa)
April 3, 2019 Filing 7 APPLICATION of Non-Resident Attorney Alfred J. Fluehr to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23490646) filed by plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Bernardoni, David)
April 3, 2019 Filing 6 APPLICATION of Non-Resident Attorney Francis Malofiy to Appear Pro Hac Vice on behalf of Plaintiffs Brian Clover, Scott McCulloch, William Smith (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23490431) filed by plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Bernardoni, David)
April 3, 2019 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiffs Brian Clover, Scott McCulloch, William Smith. (Bernardoni, David)
April 3, 2019 Filing 4 CERTIFICATE of Interested Parties filed by plaintiffs Brian Clover, Scott McCulloch, William Smith, (Bernardoni, David)
April 3, 2019 Filing 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Brian Clover, Scott McCulloch, William Smith. (Bernardoni, David)
April 3, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Bernardoni, David)
April 3, 2019 Filing 1 COMPLAINT Receipt No: 0973-23489776 - Fee: $400, filed by plaintiffs Brian Clover, William Smith, Scott McCulloch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Attorney David Anthony Bernardoni added to party Brian Clover(pty:pla), Attorney David Anthony Bernardoni added to party Scott McCulloch(pty:pla), Attorney David Anthony Bernardoni added to party William Smith(pty:pla))(Bernardoni, David)

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Search for this case: William Smith et al v. The Weeknd et al
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Defendant: Wassim Salibi
Represented By: Peter J. Anderson
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Defendant: UMG Recordings, Inc.
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
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Defendant: Universal Music Publishing LTD
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Defendant: Jason Quenneville
Represented By: Peter J. Anderson
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Defendant: MXM Publishing
Represented By: Peter J. Anderson
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Defendant: Kobalt Songs Music Publishing, Inc.
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Savan Harish Kotecha
Represented By: Peter J. Anderson
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Defendant: The Weeknd XO, Inc.
Represented By: Peter J. Anderson
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Defendant: Warner/Chappell Music, Inc.
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Artist Nation Management Group, Inc.
Represented By: Peter J. Anderson
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Defendant: The Weeknd
Represented By: Peter J. Anderson
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Defendant: Peter Anders Svensson
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Defendant: Universal Music Group, Inc.
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Karl Martin Sandberg
Represented By: Peter J. Anderson
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Defendant: Big Life Music Ltd
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Defendant: Ahmad Balshe
Represented By: Peter J. Anderson
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Defendant: KMR Music Royalties II SCSP
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Defendant: Songs of SMP
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Sal and CO Management LP
Represented By: Peter J. Anderson
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Defendant: Abel Makkonen Tesfaye
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Ali Payami
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Defendant: DeHeala and Co., LLC
Represented By: Peter J. Anderson
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Defendant: The Weeknd XO Music, ULC
Represented By: Peter J. Anderson
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Defendant: Universal Music Corporation
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Sal and CO LP
Represented By: Peter J. Anderson
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Defendant: Tony Sal
Represented By: Peter J. Anderson
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Defendant: MXM, LLC
Represented By: Peter J. Anderson
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Defendant: WB Music Corp.
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: SONGS Music Publishing LLC
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: Universal Music Publishing BL Limited
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Defendant: Warner/Chappell Music Scandinavia AB
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Defendant: Universal Music Publishing, Inc.
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: The Weeknd XO, LLC
Represented By: Peter J. Anderson
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Defendant: XO&co., Inc.
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Defendant: Wolf Cousins
Represented By: Peter J. Anderson
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Defendant: MXM Music AB
Represented By: Peter J. Anderson
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Defendant: UMG Recordings, Inc. doing business as Republic Records
Represented By: Nicolette Aster Vairo
Represented By: Peter J Anderson
Represented By: Peter J. Anderson
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Defendant: XO&co., Inc. doing business as XO
Represented By: Peter J. Anderson
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Plaintiff: Scott McCulloch
Represented By: Glen L Kulik
Represented By: David Anthony Bernardoni
Represented By: Alfred J Fluehr
Represented By: Francis A Malofiy
Represented By: James B Glennon
Represented By: Tracey A Jordan
Represented By: Thomas B Orlando
Represented By: Diana R. Lotfi
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Plaintiff: William Smith
Represented By: Glen L Kulik
Represented By: David Anthony Bernardoni
Represented By: Alfred J Fluehr
Represented By: Francis A Malofiy
Represented By: James B Glennon
Represented By: Tracey A Jordan
Represented By: Thomas B Orlando
Represented By: Diana R. Lotfi
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Plaintiff: Brian Clover
Represented By: Glen L Kulik
Represented By: David Anthony Bernardoni
Represented By: Alfred J Fluehr
Represented By: Francis A Malofiy
Represented By: James B Glennon
Represented By: Tracey A Jordan
Represented By: Thomas B Orlando
Represented By: Diana R. Lotfi
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Alternative dispute resolution (adr) provider: Sidney K Kanazawa
Represented By: Sidney Kanazawa
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Alternative dispute resolution (adr) provider: Alan G Dowling
Represented By: Alan Glenn Dowling
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