Platino Records, Inc. et al v. Colonize Media, Inc. et al
| Platino Records, Inc. and Antoine Music, Inc. |
| Colonize Media, Inc., Kevin Berger, Jose David Hernandez, Yellowcake, Inc. and Does 1-10 |
| Maria Mitchell |
| Alberto Mitchell |
| 2:2020cv03159 |
| April 3, 2020 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Jean P Rosenbluth |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. Mailed closing report to the current address of the Copyright Office: U.S. Copyright Office 101 Independence Ave. S.E., Washington, D.C. 20559-6000. (Closing). (Attachments: #1 Order Dismissing Case) (jp) |
Filing 41
ORDER by Judge Dale S. Fischer GRANTING Stipulation of Dismissal #39 . ORDERED that Plaintiffs entire complaint against Defendants is hereby dismissed with prejudice in its entirety. FURTHER ORDERED that Defendants, Third-Party Plaintiffs entire Counterclaims and Third-party Complaint, including all cause of action alleged therein are dismissed with prejudice it their entirety; and FURTHER ORDER that all parties shall bear their own attorneys' fees and costs. (Made JS-6. Case Terminated.) (jp)
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| Filing 40 NOTICE of Settlement Joint filed by Defendants/Third Party Plaintiffs Yellowcake, Inc.. (Berman, Seth) |
| Filing 39 STIPULATION to Dismiss Case pursuant to parties have reached a settlement filed by Defendants/Third Party Plaintiffs Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc.. (Attachments: #1 Proposed Order)(Berman, Seth) |
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Filing 38
ORDER by Judge Dale S. Fischer to Extend Discovery Cut-Off #37 . The Non-Expert Discovery Cut-Off date identified in the Joint Report of Parties pursuant to F.R.C.P. Rule 26, filed on 6/20/2020, and adopted by the Court in its text-only order entered on 6/7/2020, is continued to 4/1/2020. (jp)
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| Filing 37 Joint STIPULATION to Extend Discovery Cut-Off Date to 04/01/2021 filed by plaintiff Platino Records, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Zerner, Lawrence) |
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Filing 36
STIPULATED PROTECTIVE ORDER #35 by Magistrate Judge Jean P. Rosenbluth. *NOTE: CHANGES MADE BY THE COURT* See order for details. (es)
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| Filing 35 STIPULATION for Protective Order filed by Defendants/Third Party Plaintiffs Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc..(Berman, Seth) |
| Filing 34 RESPONSE filed by Third Party Plaintiffs Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc., Counter Claimants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc., Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc.to Notice of Related Case(s), #31 (Attachments: #1 Exhibit Ex. A - Central District Action, #2 Exhibit Ex. B - Eastern District Action)(Berman, Seth) |
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Filing 33
ORDER by Judge Dale S. Fischer Extending to File Opposition to Plaintiffs and Cross Defendants Notice of Related Case #32 . See Order for specifics. (jp)
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| Filing 32 STIPULATION for Extension of Time to File as to Notice of Related Case(s), #31 filed by Defendants Third Party Plaintiffs Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc.. (Attachments: #1 Proposed Order)(Attorney Seth L Berman added to party Kevin Berger(pty:3pp), Attorney Seth L Berman added to party Kevin Berger(pty:cc), Attorney Seth L Berman added to party Colonize Media, Inc.(pty:cc), Attorney Seth L Berman added to party Colonize Media, Inc.(pty:3pp), Attorney Seth L Berman added to party Jose David Hernandez(pty:cc), Attorney Seth L Berman added to party Jose David Hernandez(pty:3pp), Attorney Seth L Berman added to party Yellowcake, Inc.(pty:cc), Attorney Seth L Berman added to party Yellowcake, Inc.(pty:3pp))(Berman, Seth) |
| Filing 31 NOTICE of Related Case(s) filed by plaintiffs and counter-Defendants Antoine Music, Inc., Alberto Mitchell, Maria Mitchell, Platino Records, Inc.. Related Case(s): 1:20-AT-00494 (Attachments: #1 Exhibit Complaint filed in Eastern District)(Zerner, Lawrence) |
| Filing 30 WAIVER OF SERVICE Returned Executed filed by Defendants/Third-Party Plaintiffs Yellowcake, Inc., Jose David Hernandez, Kevin Berger, Colonize Media, Inc.. upon Maria Mitchell waiver sent by Plaintiff on 7/8/2020, answer due 9/8/2020. Waiver of Service signed by Lawrence J. Zerner. (Berman, Seth) |
| Filing 29 WAIVER OF SERVICE Returned Executed filed by Defendants/Third-Party Plaintiffs Yellowcake, Inc., Jose David Hernandez, Kevin Berger, Colonize Media, Inc.. upon Alberto Mitchell waiver sent by Plaintiff on 7/8/2020, answer due 9/8/2020. Waiver of Service signed by Lawrence J. Zerner. (Berman, Seth) |
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Filing 28
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dale S. Fischer. Case ordered to Magistrate Judge Jean P. Rosenbluth for Settlement Conference. ADR Proceeding to be held no later than 7/19/21. (rfi)
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Filing 27
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 9/13/2021 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 10/12/2021 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 26 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 25 21 DAY Summons Issued re Third Party Complaint #14 as to Third-Party Defendants Alberto Mitchell, Maria Mitchell. (Attachments: #1 Summon issued as to Maria Mitchell). (jp) |
| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8-10 days, filed by Plaintiffs Antoine Music, Inc., Platino Records, Inc... (Zerner, Lawrence) |
| Filing 23 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #14 filed by Third Party Plaintiff Colonize Media, Inc.. (Attachments: #1 Supplement)(Griffin, Thomas) |
| Filing 22 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #14 filed by Counter-Defendant Antoine Music, Inc., Platino Records, Inc..(Zerner, Lawrence) |
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Filing 21
ORDER by Judge Dale S. Fischer: granting #20 Non-Resident Attorney Seth L Berman APPLICATION to Appear Pro Hac Vice on behalf of Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 5/28/2020, Receipt No. ACACDC-26604833) filed by Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc., designating Ismail Amin as local counsel. (jp)
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| Filing 20 Second APPLICATION of Non-Resident Attorney Seth L. Berman to Appear Pro Hac Vice on behalf of Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 5/28/2020, Receipt No. ACACDC-26604833) filed by Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Attorney Ismail Amin added to party Kevin Berger(pty:dft), Attorney Ismail Amin added to party Colonize Media, Inc.(pty:dft), Attorney Ismail Amin added to party Jose David Hernandez(pty:dft), Attorney Ismail Amin added to party Yellowcake, Inc.(pty:dft)) (Amin, Ismail) |
| Filing 19 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Alberto Mitchell, Antoine Music, Inc., Colonize Media, Inc., upon Defendant Yellowcake, Inc. served on 4/14/2020, answer due 5/29/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Zerner, Lawrence) |
| Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Alberto Mitchell, Antoine Music, Inc., Colonize Media, Inc., upon Defendant Colonize Media, Inc. served on 4/14/2020, answer due 5/29/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Zerner, Lawrence) |
| Filing 17 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Alberto Mitchell, Antoine Music, Inc., Colonize Media, Inc., upon Defendant Jose David Hernandez served on 4/14/2020, answer due 5/29/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Zerner, Lawrence) |
| Filing 16 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Alberto Mitchell, Antoine Music, Inc., Colonize Media, Inc., upon Defendant Kevin Berger served on 4/15/2020, answer due 5/29/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Zerner, Lawrence) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 7/13/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMANDWITH AFFIRMATIVE DEFENSES, THIRD PARTY COMPLAINT against Maria Mitchell, Alberto Mitchell, COUNTERCLAIM against Alberto Mitchell filed by Defendants/Counterclaimants/Third-Party Plaintiffs Colonize Media, Inc.. (Attachments: #1 Exhibit Exhibit A - Volume 1, #2 Exhibit Exhibit A - Volume 2)(Griffin, Thomas) |
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Filing 13
ORDER by Judge Dale S. Fischer: DENYING #12 Non-Resident Attorney Seth L Berman APPLICATION to Appear Pro Hac Vice on behalf of Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26604833). Pursuant to L.R. 83-2.1.3.4; Local Counsel does not maintain office District. (jp)
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| Filing 12 First APPLICATION of Non-Resident Attorney Seth L. Berman to Appear Pro Hac Vice on behalf of Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26604833) filed by Defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc.. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney) (Attorney Thomas P Griffin, Jr added to party Kevin Berger(pty:dft), Attorney Thomas P Griffin, Jr added to party Colonize Media, Inc.(pty:dft), Attorney Thomas P Griffin, Jr added to party Jose David Hernandez(pty:dft), Attorney Thomas P Griffin, Jr added to party Yellowcake, Inc.(pty:dft)) (Griffin, Thomas) |
| Filing 11 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Platino Records, Inc., Antoine Music, Inc..(Zerner, Lawrence) |
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Filing 10
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 9 21 DAY Summons issued re Complaint #1 as to defendants Kevin Berger, Colonize Media, Inc., Jose David Hernandez, Yellowcake, Inc. (esa) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Jean P. Rosenbluth. (esa) |
| Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Michael L Lovitz counsel for Plaintiffs Antoine Music, Inc., Platino Records, Inc.. Adding Michael L. Lovitz as counsel of record for Platino Records, Inc. and Antoine Music, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiffs Platino Records, Inc. and Antoine Music, Inc.. (Attorney Michael L Lovitz added to party Antoine Music, Inc.(pty:pla), Attorney Michael L Lovitz added to party Platino Records, Inc.(pty:pla))(Lovitz, Michael) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Antoine Music, Inc., Platino Records, Inc.. (Zerner, Lawrence) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiffs Antoine Music, Inc., Platino Records, Inc.. (Zerner, Lawrence) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Antoine Music, Inc., Platino Records, Inc., identifying Platino Records, Inc.; Antoine Music, Inc.; Colonize Media, Inc.; Yellowcake, Inc.; Jose David Hernandez; Kevin Berger. (Zerner, Lawrence) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Antoine Music, Inc., Platino Records, Inc.. (Zerner, Lawrence) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25967942 - Fee: $400, filed by plaintiff Platino Records, Inc., Antoine Music, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5) (Attorney Lawrence J Zerner added to party Antoine Music, Inc.(pty:pla), Attorney Lawrence J Zerner added to party Platino Records, Inc.(pty:pla))(Zerner, Lawrence) |
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