Tyler Armes v. Austin Richard Post et al
| Tyler Armes |
| Universal Music Group Inc., Austin Richard Post, Adam King Feeney, Post Malone, Frank Dukes and DOES 1 through 10, inclusive |
| Austin R Post |
| Gail M. Title |
| 2:2020cv03212 |
| April 7, 2020 |
| US District Court for the Central District of California |
| Steve Kim |
| Patrick J Walsh |
| Otis D Wright |
| Copyright |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 162
MINUTES OF (IN CHAMBERS) STATUS CONFERENCE RE TRIAL held: before Judge Otis D. Wright, II. Counsel inform the Court that the parties have reached a settlement in principle and will file FRCP 41compliant dismissal documents upon finalizing the settlement. The Court CONTINUES trial in this matter to May 30, 2023 at 9:00 a.m. The parties shall file FRCP 41compliant dismissal documents by no later than May 1, 2023; failure to do so will be deemed consent to dismissal of the case. Finally, the Court DISCHARGES its April 24, 2022 Order to Show Cause. (ECF No. 137.) Court Recorder: Court Smart. (lc)
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Filing 161
PROPOSED JURY INSTRUCTIONS filed by Plaintiff and Consolidated Defendant Tyler Armes.. (Hart, Allison)
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Filing 160
NOTICE OF LODGING Proposed Pretrial Conference Order Consol Defendant Tyler Armes, Plaintiff Tyler Armes. (Attachments: #1 Proposed Order AMENDED [PROPOSED] FINAL PRETRIAL CONFERENCE ORDER)(Hart, Allison)
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Filing 159
PROPOSED JURY INSTRUCTIONS ((Pre-Instructions) Disputed set) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 158
PROPOSED JURY INSTRUCTIONS ((Pre-Instructions) Joint set) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 157
NOTICE OF FILING TRANSCRIPT filed for proceedings 3/15/2023 re Transcript #156 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY
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Filing 156
TRANSCRIPT for proceedings held on 3/15/2023. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/10/2023. Redacted Transcript Deadline set for 4/20/2023. Release of Transcript Restriction set for 6/20/2023. (aa)
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Filing 155
Proposed Voir Dire Questions filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 154
TRANSCRIPT ORDER as to Defendants Adam King Feeney, Austin Richard Post for Court Smart (CS). Court will contact Jennifer Gaines at jda@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Ismaj, Gabriella)
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Filing 153
TRANSCRIPT ORDER as to Defendants Adam King Feeney, Austin Richard Post for Court Smart (CS). Court will contact Suguey Melara at szm@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Ismaj, Gabriella)
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Filing 152
MINUTES OF Pretrial Conference held before Judge Otis D. Wright, II: The Court and counsel discuss the status of the case and trial issues as set forth on the record. The Court discussed trial issues with counsel, including scheduling and conduct. Counsel advised the Court the estimated trial days needed is 4 days and 7 jurors will try the case. Court Recorder: Court Smart. (lc)
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Filing 151
TRANSCRIPT ORDER as to plaintiff Tyler Armes for Court Reporter. Court will contact Lisa Carpenter at lcarpenter@lavelysinger.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hart, Allison)
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Filing 150
TRIAL BRIEF in Reply to Plaintiffs Memorandum of Contentions of Fact and Law Pursuant to Local Rule 16-10(c) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 149
FINAL JOINT Exhibit List and Exhibit Stipulation filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 148
COUNSEL ARE NOTIFIED, a Pretrial Conference and sound check is set for March 15, 2023 at 10:00 a.m. before Judge Wright, II.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 147
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court hereby ORDERS that jury trial of this matter shall take place on March 21, 2023 at 9:00 AM. (lc)
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Filing 146
Notice Regarding Trial Availability filed by Defendants Adam King Feeney, Austin Richard Post. (Joint) (Movit, Jeffrey)
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Filing 145
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER VACATING trial; ORDER to Select Possible Trial Dates. On November 15, 2022, the Clerk of the Court informed counsel via email that, due to the pendency of a criminal trial in this Court, trial of this matter would need to be continued. Counsel conferred with the Clerk of the Court by email and represented that counsel would get back to the Court with several possible trial dates. Yet, as of today's date, the Court has received no further communication from the parties regarding trial dates. Accordingly, the parties are ORDERED to file, by no later than December 22, 2022, a document containing at least three options for trial dates in early 2023. If the parties do not submit possible trial dates by this deadline, the Court will select a trial date itself. Moreover, the Court formally VACATES the December 13, 2022 trial. (lc)
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Filing 144
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER STRIKING LAT FILED DOCUMENTS. The Court hereby STRIKES the Proposed Special Jury Verdict #141 and Objections to Jury Verdict #140 filed by Defendants on August 25, 2022. Pretrial documents were due months ago, and while the Court provided the parties an opportunity to file amended jury instructions, the Court never asked for or continued the deadline to file additional jury verdict documents. (SEE DOCUMENT FOR SPECIFICS). (lc)
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Filing 143
PROPOSED JURY INSTRUCTIONS (Amended Disputed set) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 142
PROPOSED JURY INSTRUCTIONS (Amended Joint set) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 141
(STRICKEN PER 8/29/2022 MINUTES DOCKET NO. 144).PROPOSED SPECIAL JURY VERDICT filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David) Modified on 8/29/2022 (lc).
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Filing 140
(STRICKEN PER 8/29/2022 MINUTES DOCKET NO. 144). OBJECTIONS to Jury Verdict (Proposed) #96 filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David) Modified on 8/29/2022 (lc).
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Filing 139
DECLARATION of David A. Steinberg re Order on Motion for Leave to File Document,,,,,, #137 and Response to Order to Show Cause filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David)
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Filing 138
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order CONTINUING Trial to December 13, 2022, DENYING AS MOOT Ex Parte Application to Continue Trial #129 , and DENYING Ex Parte Application for Sanctions #130 Pursuant to the Courts August 19, 2022 Minute Order, (Mins., ECF No. 134), Defendants counsel filed a declaration verifying that counsel is authorized to accept service of a trial subpoena on behalf of Defendant Post for a December 13, 2022 trial. (Decl. David A. Steinberg 5, ECF No. 135.) This condition having been satisfied, the parties stipulate to continuing the trial to December 13, 2022. (See Ex Parte Appl. Continue, ECF No. 129; Oppn Appl. Continue, ECF No. 132.) Accordingly, the Court CONTINUES trial of this matter to December 13, 2022 at 9:00 a.m. The Final Trial Exhibit Stipulation is due December 8, 2022. Defendants ex parte application to continue the trial is correspondingly DENIED AS MOOT. (ECF No. 129.) Given the trial continuance, there is no need for Defendants ex parte application for sanctions to be heard on an expedited basis. Mission Power Engg v. Contl Casualty Co., 883 F. Supp. 488, 49293 (C.D. Cal. 1995). The ex parte application for sanctions is therefore DENIED. (ECF No. 130.) (SEE DOCUMENT FOR OTHER SPECIFICS). (lc)
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Filing 137
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING Ex Parte Application #136 ; ORDER TO SHOW CAUSE re: Sanctions for Ex Parte Abuse. The Court received and reviewed Defendants latest filing, styled as an ex parteapplication to augment the record of the case. (Ex Parte Appl., ECF No. 136.) The application is in fact a reply brief disguised as an ex parte application with an attached attorney declaration better characterized as an argumentative brief divided into numbered paragraphs. As provided by the Scheduling and Case Management Order that governs this case, no party may file a replyin connection with an ex parte application unless expressly authorized by the Court. (Scheduling & Case Management Order 5, ECF No. 49.) Therefore, Defendants ex parte application is patently improper and is DENIED. (ECF No. 136.). The Court ORDERS Defendants TO SHOW CAUSE, in writing only, to be received by the Court no later than August 29, 2022, why the Court should not impose a five hundred dollar ($500.00) sanction jointly and severally on Defendants and their counsel for disregarding this Courtrooms rules by abusingthe ex parte mechanism. No hearing will be held. Failure to timely and adequately respond shall result in the imposition of the aforementioned monetary sanction. Furthermore, Defendants' counsel is cautioned that any further improper use of the ex parte mechanism will result in the automatic imposition of a monetary sanction of $500.00 or more, without further notice. (lc)
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Filing 136
EX PARTE APPLICATION for Leave to file Supplementation to Record on Ex Parte Application for Discovery Sanctions Against Plaintiff filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Declaration of David A. Steinberg, #2 Proposed Order) (Steinberg, David)
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Filing 135
DECLARATION of David A. Steinberg re EX PARTE APPLICATION to Continue Trial from October 11, 2022 to December 13, 2022 #129 filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David)
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Filing 134
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER to File Additional Declaration in Connection with Ex Parte Application to Continue Trial. The Court received and reviewed Defendants two ex parte applicationsone to continue the trial from October 11, 2022, to December 13, 2022, and the other for sanctions against Plaintiff #129 ; Ex Parte Appl. Sanctions #130 . It appears self-evident that Posts tour schedule is irrelevant to a trial continuance unless Post in fact intends to appear for trial. Thus, the parties may obtain a trial continuance, but first, Defendants' counsel must file a declaration confirming for the Court that counsel agrees to accept service of a trial subpoena on Post's behalf. This declaration is due no later than August 24, 2022. The failure to timely file such a document will be deemed as a concession that Post does not intend to appear at trial and will result in denial of the ex parte application to continue the trial. The Court holds both ex parte applications in abeyance pending Defendants' response. (lc)
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Filing 133
OPPOSITION re: EX PARTE APPLICATION for Sanctions Against Plaintiff Tyler Armes #130 filed by Consol Defendant Tyler Armes, Plaintiff Tyler Armes. (Attachments: #1 Declaration of Tyler Armes, #2 Declaration of Allison S. Hart)(Hart, Allison)
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Filing 132
OPPOSITION re: EX PARTE APPLICATION to Continue Trial from October 11, 2022 to December 13, 2022 #129 filed by Consol Defendant Tyler Armes, Plaintiff Tyler Armes. (Attachments: #1 Declaration of Allison S. Hart)(Hart, Allison)
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Filing 131
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order ONLY to the EX PARTE APPLICATION for Sanctions Against Plaintiff Tyler Armes #130 by Defendants Adam King Feeney, Austin Richard Post.. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order 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. (lc)
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Filing 130
EX PARTE APPLICATION for Sanctions Against Plaintiff Tyler Armes filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Declaration of Jeffrey M. Movit, #2 Proposed Order) (Movit, Jeffrey)
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Filing 129
EX PARTE APPLICATION to Continue Trial from October 11, 2022 to December 13, 2022 filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Declaration of Gabriella N. Ismaj, #2 Declaration of Defendant Austin Richard Post, #3 Declaration of Steve Landau, #4 Proposed Order) (Ismaj, Gabriella)
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Filing 128
ORDER RE: JOINT STIPULATION TO CONTINUE AUGUST 8, 2022 DEADLINE #126 by Judge Otis D. Wright, II. The Court hereby orders as follows: 1. The deadline for the Parties to comply with the July Order is continued to August 25, 2022. (lom)
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Filing 127
Notice of Appearance or Withdrawal of Counsel: for attorney Max Dylan Fabricant counsel for Plaintiff Tyler Armes. Adding Max Fabricant as counsel of record for Tyler Armes for the reason indicated in the G-123 Notice. Filed by Plaintiff Tyler Armes. (Attorney Max Dylan Fabricant added to party Tyler Armes(pty:pla))(Fabricant, Max)
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Filing 126
Joint STIPULATION to Continue August 8, 2022 Deadline from August 8, 2022 to August 25, 2022 filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Declaration of Gabriella N. Ismaj, #2 Proposed Order)(Ismaj, Gabriella)
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Filing 125
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. The Court, on its own motion, hereby CONTINUES jury trial of this matter to Tuesday, October 11, 2022, at 9:00 a.m. All other dates and deadlines remain as previously scheduled. (lom)
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Filing 124
Amended Exhibit List and Exhibit Stipulation filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 123
NOTICE OF FILING TRANSCRIPT filed for proceedings 7/11/2022 re Transcript #122 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY
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Filing 122
TRANSCRIPT for proceedings held on 7/11/2022. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/5/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/13/2022. (aa)
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Filing 121
TRANSCRIPT ORDER as to plaintiff Tyler Armes for Court Smart (CS). Court will contact Allison S. Hart at ahart@lavelysinger.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Hart, Allison)
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Filing 120
TRANSCRIPT ORDER as to Defendants Adam King Feeney, Austin Richard Post for Court Smart (CS). Court will contact Suguey Melara at szm@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Ismaj, Gabriella)
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Filing 119
MINUTES OF Motion (Zoom) Hearing held before Judge Otis D. Wright, II: RE MOTIONS IN LIMINE. Defendants have withdrawn MIL No. 1, and accordingly it is DENIED AS MOOT #88 . MIL No. 2 is GRANTED IN PART and DENIED IN PART #108 (SEE DOCUMENT FOR SPECIFICS). The Court AFFIRMS its prior ruling onDefendants' Motion for Summary Judgment, finding no error of fact or law therein. The Defendants requested to amend the exhibit list and add a newly obtained document from the Copyright Office is GRANTED. The parties may add the document to their exhibit list. The parties shall file an amended exhibit list no later than July 25, 2022. Finally, the Court encouraged the parties to continue to work on the disputed jury instructions. Revised jury instructions, if any, shall be filed no later than August 8, 2022. Court Recorder: Court Smart. (lc)
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Filing 118
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On June 13, 2022, Defendants filed a response to Plaintiff's opposition to Defendants' supplemental brief #117 . However, the Court neither invited nor ordered any reply briefing on the draft issue. Therefore, Defendants June 13, 2022 Response is ORDERED STRICKEN. (lc)
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Filing 117
( STRICKEN PER 6/14/2022 MINUTES DOCKET NO. 118). RESPONSE filed by Defendants Adam King Feeney, Austin Richard Post to Plaintiff's May 31, 2022 Brief (ECF 116) (Steinberg, David) Modified on 6/14/2022 (lc).
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Filing 116
RESPONSE AND OPPOSITION TO DEFENDANTS' SUPPLEMENTAL MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Consolidated Defendant Tyler Armes. (Hart, Allison)
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Filing 115
SUPPLEMENT in response to Courts Minute Order dated April 26, 2022 #110 filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David)
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Filing 114
NOTICE OF FILING TRANSCRIPT filed for proceedings 4/11/22 and 4/25/22 re Transcript #113 , #112 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY
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Filing 113
TRANSCRIPT for proceedings held on 4/25/22 1:34 p.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (apr)
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Filing 112
TRANSCRIPT for proceedings held on 4/11/22 2:34 p.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (apr)
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Filing 111
TRANSCRIPT ORDER as to Defendants Adam King Feeney, Austin Richard Post for Court Smart (CS). Court will contact Suguey G. Melara at szm@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Ismaj, Gabriella)
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Filing 110
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Jury trial of this matter is CONTINUED to August 23, 2022 at 9:00 a.m. Defendants are ORDERED to file a supplemental brief regarding the legal implications of the possibility that the Session Composition was a mere draft, to be received by the Court no later than May 16, 2022. Plaintiffs opposition brief is due no later than May 30, 2022. Briefs shall be limited to twelve (12) pages. The Court is familiar with the facts; the parties should move directly into their legal arguments.The hearing on the motions in limine, and on the issue to be discussed in the supplemental briefing, is CONTINUED to July 11, 2022 at 1:30 p.m. #88 , #108 . (lc) Modified on 4/26/2022 (lc).
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Filing 109
MINUTES OF Pretrial Conference held before Judge Otis D. Wright, II: Case called, zoom appearances made. The Court and counsel confer re the case as stated on the record. The Court will issue a briefing schedule. Court Recorder: Court Smart. (lc) Modified on 4/26/2022 (lc).
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Filing 108
NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Irrelevant and/or Prejudicial Evidence and Argument filed by Defendants Adam King Feeney, Austin Richard Post. Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of David Steinberg, #2 Proposed Order)(Steinberg, David)
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Filing 107
Notice of Withdrawal of Motion in Limine Requesting, #88 filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David)
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Filing 106
NOTICE OF LODGING Proposed Pretrial Conference Order Consol Defendant Tyler Armes, Plaintiff Tyler Armes. (Attachments: #1 [PROPOSED] FINAL PRETRIAL CONFERENCE ORDER)(Hart, Allison)
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Filing 105
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David)
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Filing 104
STATEMENT Joint Statement of the Case filed by Consol Defendant Tyler Armes, Plaintiff Tyler Armes (Hart, Allison)
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Filing 103
PROPOSED JURY INSTRUCTIONS (Disputed set) filed by Plaintiff and Consolidated Defendant Tyler Armes.. (Hart, Allison)
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Filing 102
Proposed Voir Dire Questions filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 101
PROPOSED JURY INSTRUCTIONS (Disputed set) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 100
PROPOSED JURY INSTRUCTIONS (Joint set) filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 99
Joint Index of Deposition Designations filed by Defendants Adam King Feeney, Austin Richard Post (Steinberg, David)
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Filing 98
JOINT Exhibit List and Exhibit Stipulation filed by Plaintiff and Consolidated Defendant Tyler Armes.. (Hart, Allison)
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Filing 97
Witness List filed by Plaintiff and Consolidated Defendant Tyler Armes.. (Hart, Allison)
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Filing 96
PROPOSED JURY VERDICT filed by Plaintiff and Consolidated Defendant Tyler Armes. (Hart, Allison)
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Filing 95
STATUS REPORT JOINT STATUS REPORT RE: SETTLEMENT filed by Consol Defendant Tyler Armes, Plaintiff Tyler Armes. (Hart, Allison)
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Filing 94
Proposed Voir Dire Questions filed by Plaintiff and Consolidated Defendant Tyler Armes.. (Hart, Allison)
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Filing 93
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Consolidated Defendant Tyler Armes. (Hart, Allison)
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Filing 92
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: NOTICE OF PLANNED CONTINUANCE OF TRIAL. The Court received and preliminarily reviewed Defendants Motion in Limine No. 1, (ECF No. 88), and Plaintiffs opposition thereto, (ECF No. 91). The Court will rule on the jury trial issue from the bench at the Final Pretrial Conference this coming Monday, April 25. Alternatively, the parties may wish to stipulate to a bench trial based on the following information. Due to the press and priority of multiple criminal trials on this Courts calendar inMay 2022, and pursuant to the Courts obligations under the Speedy Trial Act, 18 U.S.C. 1361, the Court must continue the trial of this matter. If the parties stipulate to a bench trial, the Court can try the case as soon as June 17, 2022. If one party insists on a jury trial, the Court will not be able to try the case until August 23, 2022, or possibly September 27, 2022. If this information changes any partys position with respect to a bench trial, the parties are invited to file a stipulation or status report indicating as much by no later than April 22, 2022. (lc)
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Filing 91
OPPOSITION re: MOTION IN LIMINE (#1) Requesting to Strike Plaintiff's Jury Demand #88 filed by Consol Defendant Tyler Armes, Plaintiff Tyler Armes. (Hart, Allison)
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Filing 90
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION FOR SUMMARYJUDGMENT #82 by Judge Otis D. Wright, II: As a matter of law, Armes has noclaim to authorship in the Commercial Release Composition. But Armes demonstrates genuine disputes in regard to his authorship in the Session Composition, and he is entitled to a trial on that issue. Finally, the Court CONTINUES the deadline for the parties to file their pretrial documents to April 20, 2022. The parties should ensure that a courtesy copy trial binder is delivered to the First Street Courthouse by no later than 11:00 a.m. on April21, 2022. (lc)
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Filing 89
MINUTES OF Motion Hearing held before Judge Otis D. Wright, II: RE: Motion for Summary Judgment #82 Case called, appearances made by video. The Court and counsel confer as stated on the record. The Court heard oral arguments of counsel. Plaintiff's counsel shall have until April 18, 2022 to file an opposition to the motion in limine #88 . The matter stands submitted. A written order will issue. Court Recorder: Court Smart. (lc)
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Filing 88
NOTICE OF MOTION AND MOTION IN LIMINE (#1) Requesting to Strike Plaintiff's Jury Demand filed by Defendants Adam King Feeney, Austin Richard Post. Motion set for hearing on 5/9/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of David A. Steinberg, #2 Proposed Order)(Steinberg, David)
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Filing 87
AT THE REQUEST OF DEFENSE COUNSEL, the Motion for Summary Judgment #82 is CONTINUED to 4/11/2022 at 2:30 PM before Judge Otis D. Wright II. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 86
REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #82 filed by Defendants Adam King Feeney, Austin Richard Post, Consol Plaintiff Austin R Post. (Attachments: #1 Response and Evidentiary Objections to Plaintiffs Separate Statement of Genuine Disputes of Material Fact)(Steinberg, David)
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Filing 85
REFUND OF $500.00 made payable on 03/16/2022 to MSK Office for payment made on 01/18/2022 Re: Order on Application for Refund of Fees Paid (G-124) #78 . (rdj)
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Filing 84
OPPOSITION opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment #82 filed by Plaintiff Tyler Armes. (Attachments: #1 PLAINTIFFS SEPARATE STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT, #2 Declaration of Tyler Armes, #3 Declaration of Judith Finell, #4 Declaration of Allison Hart)(Hart, Allison)
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Filing 83
NOTICE OF LODGING filed by Defendants re NOTICE OF MOTION AND MOTION for Summary Judgment #82 (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Judgment)(Steinberg, David)
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Filing 82
NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Adam King Feeney, Austin R Post, Austin Richard Post. Motion set for hearing on 4/4/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Declaration of David A. Steinberg) (Steinberg, David)
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Filing 81
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING #79 Plaintiffs ex parte application to continue the trial and related dates (SEE DOCUMENT FOR SPECIFICS). The parties are reminded that good-faith participation in the settlement conference is an absolute prerequisite to going forward with trial. The parties are ORDERED to make immediate efforts to schedule a settlement conference, to take place as soon as possible. Provided that the settlement conference takes place by April 18, 2022, the parties need not file any stipulation to continue the settlement conference deadline. If a settlement conference does not take place by April 18, 2022, the Court will consider imposing monetary sanctions on the responsible party or parties in an amount up to $1,000.00. (lc)
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Filing 80
Opposition re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/14/2022 #79 filed by Defendants Adam King Feeney, Austin Richard Post, Consol Plaintiff Austin R Post. (Attachments: #1 Declaration of Jeffrey M. Movit)(Steinberg, David)
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Filing 79
EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/14/2022 filed by Plaintiff and Consolidated Defendant Tyler Armes. (Attachments: #1 Declaration of Allison S. Hart, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Proposed Order) (Hart, Allison)
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Filing 78
ORDER RE APPLICATION FOR REFUND OF FEES; ORDER THEREON #76 by Judge Otis D. Wright, II. IT IS ORDERED that the application for refund of fees is: GRANTED. (lom)
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Filing 77
REQUEST for Refund of Fees Paid Re: Corrected APPLICATION of Non-Resident Attorney Lindsay R. Edelstein to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post (Pro Hac Vice Fee - $500.00 Previously Paid on 1/18/2022 #76 - referred to Judge for ruling. (rdj)
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Filing 76
REQUEST for Refund of Fees Paid Re: Corrected APPLICATION of Non-Resident Attorney Lindsay R. Edelstein to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post (Pro Hac Vice Fee - $500.00 Previously Paid on 1/18/2022, Receipt No. ACACDC-32634145) #71 , Order on Motion to Appear Pro Hac Vice, #75 filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Order denying Edelstein Pro Hac Vice Application) (Steinberg, David)
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Filing 75
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Pursuant to the Notice of Withdrawal of Motion to Appear Pro Hac Vice #73 , Attorney Lindsay R. Edelstein's Application to Appear Pro Hac Vice is DENIED AS MOOT. #71 . The Court DISCHARGES its January 24, 2022 Order to Show Cause #72 . (lc)
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Filing 74
Notice of Appearance or Withdrawal of Counsel: for attorney Gabriella Nourafchan counsel for Defendants Adam King Feeney, Austin Richard Post. Adding Gabriella Nourafchan Ismaj as counsel of record for Defendants Austin Richard Post p/k/a Post Malone and Adam King Feeney p/k/a Frank Dukes for the reason indicated in the G-123 Notice. Filed by Defendants Austin Richard Post p/k/a Post Malone and Adam King Feeney p/k/a Frank Dukes. (Attorney Gabriella Nourafchan added to party Adam King Feeney(pty:dft), Attorney Gabriella Nourafchan added to party Austin Richard Post(pty:dft))(Nourafchan, Gabriella)
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Filing 73
Notice of Withdrawal of Motion to Appear Pro Hac Vice (G-64), #71 filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Declaration Lindsay R. Edelstein, #2 Proposed Order)(Steinberg, David)
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Filing 72
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:ORDER TO SHOW CAUSE re: Pro Hac Vice Application (Repeated Appearances) #71 . Attorney Lindsay R. Edelstein applies to appear pro hac vice to represent Defendants Adam King Feeney and Austin Richard Post. (Am. Appl., ECF No. 71.) Including this application, Attorney Edelstein has applied a total of five times in the past year alone to appear pro hac vice in the Central District of California. (Am. Appl. 2.)This is a very high frequency of appearance such that denial of the application appears appropriate. Accordingly, Attorney Edelstein is ORDERED TO SHOW CAUSE, in writing only, no later than January 31, 2022, why the pro hac vice application should not be denied for repeat appearances in the Central District of California. Counsel may submit a brief of no more than six (6) pages, plus supporting declarations as necessary. No hearing will be held. Failureto comply with this Order may result in denial of the pro hac vice application. (lc)
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Filing 71
Corrected APPLICATION of Non-Resident Attorney Lindsay R. Edelstein to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post (Pro Hac Vice Fee - $500.00 Previously Paid on 1/18/2022, Receipt No. ACACDC-32634145) filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Certificate of Standing, #2 Proposed Order) (Steinberg, David)
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Filing 70
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDERDENYING #67 Non-Resident Attorney Lindsay R. Edelstein APPLICATION to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney and Austin Richard Post. In the Central District of California, it remains a requirement for pro hac vice applications that both the out-of-state attorney and local counsel sign the Application in physical ink on a piece of paper and then scan the piece of paper. See Form G-64, Instructions for Applicants The Application is out ofcompliance with this requirement and is DENIED without prejudice to re-filing. No additional pro hac vice fee is required. (lc)
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Filing 69
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Lindsay R. Edelstein to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32634145) #67 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt)
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Filing 68
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO COMPEL [ECF #59 ] by Magistrate Judge Steve Kim. Finally, the hearing on Defendants' motion scheduled for January 19, 2022 is VACATED. Both sides must bear their own expenses and costs to litigate this motion. Any related pending discovery requests are DISMISSED as moot. IT IS SO ORDERED. (SEE ORDER FOR DETAILS). (clee)
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Filing 67
APPLICATION of Non-Resident Attorney Lindsay R. Edelstein to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32634145) filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Steinberg, David)
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Filing 66
JOINT REPORT of DISCOVERY DISPUTES filed by Plaintiff Tyler Armes. (Hart, Allison)
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Filing 65
MINUTES (IN CHAMBERS) ORDER RE STIPULATION TO HOLD JANUARY 19, 2022 HEARING REMOTELY (ECF #64 ) by Magistrate Judge Steve Kim. For all these reasons, the parties are ordered to file a short joint report by 9 AM PST on Monday January 17 (the holiday notwithstanding) detailing what discovery disputes remain outstanding. Based on the nature, extent, and substance of the remaining disputes, the Court will then decide by Tuesday January 18 whetherand in what mannerto hold the January 19 hearing. The parties may, of course, withdraw the motion at any time if it is now moot, so long as that notice of withdrawal is filed no later than 9 AM PST on Monday January 17. (SEE ORDER FOR DETAILS). (clee)
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Filing 64
Joint STIPULATION for Order to Hold January 19, 2022 Hearing Remotely Via A Video-Based Platform filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Proposed Order)(Steinberg, David)
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Filing 63
DECLARATION of Allison S. Hart IN RESPONSE TO DEFENDANTS MOTION to Compel the Production of Discovery-Related Items #59 filed by Consol Defendant Tyler Armes. (Hart, Allison)
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Filing 62
REPLY in support of MOTION to Compel the Production of Discovery-Related Items #59 and Notice of Non-Receipt of Opposition filed by Defendants Adam King Feeney, Austin Richard Post. (Steinberg, David)
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Filing 61
AMENDED SCHEDULING NOTICE by Magistrate Judge Steve Kim re: MOTION to Compel the Production of Discovery-Related Items #59 . The Court RESETS the hearing on motion to January 19, 2022 at 1:30 PM before before Magistrate Judge Steve Kim. The hearing will be held IN-PERSON in Courtroom 540, 5th Floor, Roybal. The parties shall file briefs in accordance with Local Rule 6-1, 7-9, and 7-10. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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Filing 60
SCHEDULING NOTICE by Magistrate Judge Steve Kim re: MOTION to Compel the Production of Discovery-Related Items #59 . The Court RESETS the hearing on motion to January 19, 2022 at 1:30 PM before before Magistrate Judge Steve Kim. The parties shall file briefs in accordance with Local Rule 6-1, 7-9, and 7-10. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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Filing 59
NOTICE OF MOTION AND MOTION to Compel the Production of Discovery-Related Items filed by Defendants Adam King Feeney, Austin Richard Post. Motion set for hearing on 1/19/2022 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Steinberg, David)
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Filing 58
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court GRANTS the Parties' Stipulation IN PART. The Court ORDERS that the following dates and deadlines shall supersede any dates and deadlines previously set. All dates and deadlines not mentioned in this Minute Order remain as previously scheduled. Deadline for Hearing Motions: 4/4/22; Deadline to Conduct Settlement Conference: 3/16/22; Expert Discovery Cutoff: 2/28/22; Percipient/Fact Discovery Cutoff: 2/28/22. (lc)
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Filing 57
PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #56 . (see document for details) (hr)
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Filing 56
Joint STIPULATION for Protective Order filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. (Attachments: #1 Proposed Order [PROPOSED] STIPULATED PROTECTIVE ORDER)(Steinberg, David)
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Filing 55
STIPULATION to Continue Deadlines in Scheduling and Case Management Order filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. (Attachments: #1 Declaration Declaration of J. Movit, #2 Declaration Declaration of A. Hart, #3 Proposed Order Proposed Order)(Steinberg, David)
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Filing 54
NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M. Title has been assigned to serve as Panel Mediator. (lst)
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Filing 53
STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail Migdal Title may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 2/16/2022 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Tyler Armes(Hart, Allison)
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Filing 52
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Having considered the Parties Stipulation #51 and good cause appearing therefor, the Court APPROVES the Stipulation. The Parties may have until and including May 4, 2021 to file form ADR 2. (lc)
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Filing 51
STIPULATION for Extension of Time to File FORM ADR-2 filed by plaintiff Tyler Armes. (Attachments: #1 Proposed Order)(Hart, Allison)
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Filing 50
NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Steve Kim for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:20-cv-03212 ODW (SKx). (esa)
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Filing 49
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Final Pretrial Conference set for 4/25/2022 01:30 PM ; Motion in Limine set for hearing on 5/9/2022 at 01:30 PM ; Jury Trial set for 5/17/2022 09:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 48
ORDER/REFERRAL to ADR Procedure No 2 by Judge Otis D. Wright, II. Case ordered to Court Mediation Panel for mediation. (lc)
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Filing 47
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendants Adam King Feeney, Austin Richard Post.. (Steinberg, David)
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Filing 46
ANSWER to Amended Complaint/Petition #24 , Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Plaintiff and Consolidated Defendant Tyler Armes.(Attorney Allison S Hart added to party Tyler Armes(pty:condft))(Hart, Allison)
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Filing 45
MINUTE ORDER In Chambers by Judge Otis D. Wright, II. Having considered the Parties Stipulation to Consolidate Related Cases #43 , and good cause appearing therefor, theCourt hereby CONSOLIDATES the following two cases: (1) Tyler Armes v. Austin Richard Post et al., Case No. 2:20-cv-03212-ODW (PJWx), which is hereby designated as LEAD CASE; and (2) Austin R. Post v. Tyler Armes, Case No. 2:20-cv-10205-ODW (SKx). The Complaint filed in case number 2:20-cv-10205-ODW (SKx) shall hereby be referred to by the Parties as the "Consolidated Complaint," filed by Consolidated Plaintiff Austin R. Post against Consolidated Defendant Tyler Armes. Moving forward, because case number 2:20-cv-03212-ODW (PJWx) is designated as the lead case, all documents relating to the con solidated actions must be filed only in case number 2:20-cv-03212-ODW (PJWx). (lom)
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Filing 44
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. This case has been assigned to the calendar of United States District Judge Otis D. Wright II. Scheduling Conference set for 4/5/2021 at 1:30 PM. (iv)
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Filing 43
STIPULATION to Consolidate Cases as to Armes v. Post, et al., Case No. 2:20- CV-03212-ODW-PJW and Post v. Armes, Case No. 2:20-CV-10205-CAS-SK filed by Defendants Adam King Feeney, Austin Richard Post. (Attachments: #1 Proposed Order)(Steinberg, David)
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Filing 42
ANSWER to Amended Complaint/Petition #24 with JURY DEMAND filed by Defendants Adam King Feeney, Austin Richard Post.(Steinberg, David)
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Filing 41
ORDER GRANTING APPLICATION of Non-Resident Attorney Jeffrey M. Movit to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc. and designating David A. Steinberg as local counsel #39 by Judge Otis D. Wright, II (lc)
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Filing 40
ORDER GRANTING APPLICATION of Non-Resident Attorney Christine Lepera to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc. and designating David A. Steinberg as local counsel #38 by Judge Otis D. Wright, II (lc)
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Filing 39
APPLICATION of Non-Resident Attorney Jeffrey M. Movit to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28986062) filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Steinberg, David)
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Filing 38
APPLICATION of Non-Resident Attorney Christine Lepera to Appear Pro Hac Vice on behalf of Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28985792) filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Steinberg, David)
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Filing 37
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: USM-285 Service of S/C - (21 days) Executed, #36 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of summons and complaint returned executed 21 days. The incorrect event used is ONLY to be used for US Marshal Service of Process forms, of which this filing was not. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process 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. (lc)
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Filing 36
PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint/Petition #24 , Complaint (Attorney Civil Case Opening) #1 upon Adam King Feeney served on 11/9/2020, answer due 12/10/2020, served by Sub-Service service, by Federal statute, upon JANE DOE, House Resident. (Leeker, Kelsey)
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Filing 35
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: First RE Stipulation to Extend Time to Answer #33 , The Court ORDERS Defendants may have until and including December 10, 2020 to answer or otherwise respond to the First Amended Complaint. Second RE: Stipulation to Dismiss Defendant Universal Music Group, Inc. #34 , The Court ORDERS the claims asserted in this action against Universal Music Group, Inc. are DISMISSED WITHOUT PREJUDICE. (lc)
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Filing 34
STIPULATION to Dismiss defendant Universal Music Group Inc. filed by plaintiff Tyler Armes.(Attorney Andrew B Brettler added to party Tyler Armes(pty:pla))(Brettler, Andrew)
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Filing 33
STIPULATION for Extension of Time to File Answer to 12/10/2020 re Amended Complaint/Petition #24 filed by Defendant Austin Richard Post. (Attachments: #1 Proposed Order)(Steinberg, David)
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Filing 32
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT #28 by Judge Otis D. Wright, II: Court QUASHES service upon Dukes and ORDERS Armes to effectuate valid service of process upon Dukes within twenty-one (21) days of the issuance of this Order. If Armes fails to file proof of such service within that time, the Court will dismiss Armess claims as to Dukes without further warning, pursuant to Rule 4(m). In the meantime, Defendants request to dismiss the claims against Dukes under Rule 12(b)(5) is DENIED. The Court GRANTS in part the Motion under Rule 12(b)(6) and DISMISSES Armes's Recording claims with leave to amend. Armes may file a Second Amended Complaint curing the deficiencies identified above within fourteen (14) days of the issuance of this Order. If Armes does not file a Second Amended Complaint, Defendants shall file their Answer to the FAC within twenty-one (21) days of this Order. The remainder of the Motion is DENIED, except that the Court QUASHES service upon Dukes and ORDERS proper service of process as stated above. (lc)
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Filing 31
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. (Steinberg, David)
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Filing 30
The hearing on the MOTION to Dismiss Case #28 , scheduled for July 6, 2020 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 29
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #28 filed by Plaintiff Tyler Armes. (Attachments: #1 Declaration of Allison S. Hart, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Tyler Armes)(Hart, Allison)
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Filing 28
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. Motion set for hearing on 7/6/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration David A. Steinberg, #2 Declaration Austin Richard Post, #3 Declaration Adam King Feeney, #4 Declaration Cody Sampson, #5 Request for Judicial Notice, #6 Proposed Order) (Steinberg, David)
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Filing 27
NOTICE of Interested Parties filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc., identifying Republic Records, a division of UMG Recordings, Inc.; UMG Recordings, Inc. parent companies include Universal Music Group Holdings, Inc.; Universal Music Group, Inc.; Vivendi SE. (Steinberg, David)
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Filing 26
MINUTE IN CHAMBERS ORDER by Judge Otis D. Wright, II: Plaintiff and Defendants by and through their respective counsel of record #25 , having stipulated that Defendants shall have until June 3, 2020 to respond to Plaintiffs Amended Complaint, for good cause shown,IT IS HEREBY ORDERED. (lc)
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Filing 25
STIPULATION for Extension of Time to File Answer to June 3, 2020 re Amended Complaint/Petition #24 filed by Defendants Adam King Feeney, Austin Richard Post, Universal Music Group Inc.. (Attachments: #1 Proposed Order)(Attorney David A Steinberg added to party Austin Richard Post(pty:dft), Attorney David A Steinberg added to party Universal Music Group Inc.(pty:dft))(Steinberg, David)
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Filing 24
FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Tyler Armes (Attachments: #1 Exhibit A)(Hart, Allison)
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Filing 23
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff and Defendant Adam King Feeney by and through their respective counsel of record #22 , having stipulated that Defendant shall have until May 15, 2020 to respond to Plaintiffs Complaint, for good cause shown, IT IS HEREBY ORDERED. (lc)
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Filing 22
STIPULATION Extending Time to Answer the complaint as to Adam King Feeney answer now due 5/15/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Adam King Feeney.(Steinberg, David)
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Filing 21
Notice of Appearance or Withdrawal of Counsel: for attorney David A Steinberg counsel for Defendant Adam King Feeney. Adding David A. Steinberg as counsel of record for Adam King Feeney p/k/a Frank Dukes for the reason indicated in the G-123 Notice. Filed by Defendant Adam King Feeney p/k/a Frank Dukes. (Attorney David A Steinberg added to party Adam King Feeney(pty:dft))(Steinberg, David)
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Filing 20
PROOF OF SERVICE Executed by Defendant Tyler Armes, upon Defendant Universal Music Group Inc. served on 4/24/2020, answer due 5/15/2020. Service of the Summons and Complaint were executed upon Defendant Universal Music Group, Inc. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Hart, Allison)
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Filing 19
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendant Universal Music Group Inc. (lc)
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Filing 18
PROOF OF SERVICE Executed by Plaintiff Tyler Armes, upon Defendant Austin Richard Post served on 4/23/2020, answer due 5/14/2020. Service of the Summons and Complaint were executed upon Defendant Austin Richard Post pka Post Malone in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. (Hart, Allison)
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Filing 17
PROOF OF SERVICE Executed by Plaintiff Tyler Armes, upon Defendant Adam King Feeney served on 4/12/2020, answer due 5/4/2020. in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Hart, Allison)
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Filing 16
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Tyler Armes. (Hart, Allison)
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Filing 15
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Adam King Feeney aka Frank Dukes. (yl)
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Filing 14
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Austin Richard Post pka Post Malone. (yl)
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Filing 13
NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (jtil)
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central District's website for additional information. See minute order for details. (lom)
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Filing 11
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 filed by plaintiff Tyler Armes. (Hart, Allison)
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Filing 10
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 filed by plaintiff Tyler Armes. (Hart, Allison)
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Filing 9
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 filed by plaintiff Tyler Armes. (Hart, Allison)
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Filing 8
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Patrick J. Walsh. (jtil)
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Filing 4
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 filed by plaintiff Tyler Armes. (Hart, Allison)
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Filing 3
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Tyler Armes, (Hart, Allison)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Tyler Armes. (Hart, Allison)
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Filing 1
COMPLAINT Receipt No: ACACDC-25995288 - Fee: $400, filed by plaintiff Tyler Armes. (Attorney Allison S Hart added to party Tyler Armes(pty:pla))(Hart, Allison)
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