Gian Caterine v. Michael Pendelton et al
Plaintiff: Gian aka John Cate Caterine, Gian Caterine and John Cate
Defendant: Michael Pendelton, Tunecore, Inc. and Guitar Center Inc
Case Number: 2:2020cv08123
Filed: September 4, 2020
Court: US District Court for the Central District of California
Presiding Judge: Dolly M Gee
Referring Judge: Michael R Wilner
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2020 Opinion or Order Filing 38 ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #37 by Judge Dolly M. Gee. The date for Defendants Guitar Center, Inc. and Michael Pendleton to respond to the Complaint shall be November 23, 2020. (iv)
October 26, 2020 Filing 37 STIPULATION for Extension of Time to File Answer to 11/23/2020 re Complaint (Attorney Civil Case Opening), #1 filed by defendants Guitar Center Inc, Michael Pendelton. (Attachments: #1 Proposed Order)(Attorney Steven Brower added to party Michael Pendelton(pty:dft))(Brower, Steven)
October 22, 2020 Opinion or Order Filing 36 MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #14 by Judge Dolly M. Gee. Caterine's MPI is DENIED. The October 23, 2020 hearing is VACATED. (iv)
October 21, 2020 Opinion or Order Filing 35 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. The hearing on October 23, 2020 at 10:00 a.m. will take place by Zoom Videoconference and the clerk will email the video link to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
October 9, 2020 Filing 34 OBJECTION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction #14 OBJECTIONS BY PLAINTIFF TO THE DECLARATION OF RYAN J. KOHLER, ESQUIRE IN SUPPORT OF DEFENDANTS OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff Gian Caterine. (Archinaco, Jason)
October 9, 2020 Filing 33 OBJECTION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction #14 OBJECTIONS BY PLAINTIFF TO THE DECLARATION OF MATTHEW BARRINGTON IN SUPPORT OF DEFENDANTS OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff Gian Caterine. (Archinaco, Jason)
October 9, 2020 Filing 32 REPLY NOTICE OF MOTION AND MOTION for Preliminary Injunction #14 filed by Plaintiff Gian Caterine. (Attachments: #1 Declaration of Gian Caterine aka John Cate, #2 Declaration of Gary Burke, #3 Declaration of Jason A. Archinaco)(Archinaco, Jason)
October 9, 2020 Filing 31 AMENDED CERTIFICATE of Interested Parties filed by Defendant Tunecore, Inc., identifying TuneCore, Inc., Guitar Center, Inc., Michael Pendleton, Believe Digital Holdings, Inc., Believe SAS, Opus Capital Venture Partners V, L.P., Universal Music Investments, Inc., Jeff Price, Gary Burke, Scott Ackerman, Art Shaw, Landmark American Insurance Co., Peter Wells. (Amdursky, Eric)
October 8, 2020 Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiff Gian Caterine. upon Tunecore, Inc. waiver sent by Plaintiff on 9/8/2020, answer due 11/9/2020. Waiver of Service signed by Jessica J. Mead, Esq.. (Archinaco, Jason)
October 6, 2020 Opinion or Order Filing 29 MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT GUITAR CENTER'S EX PARTE APPLICATION by Judge Dolly M. Gee: Defendant Guitar Center Inc.'s Ex Parte Application to correct the deadline for its response to Plaintiff Gian Caterine's Complaint, and to seek a further 14-day extension of the due date #15 is GRANTED. GuitarCenter's response to Plaintiffs Complaint shall be due on 10/29/2020. Plaintiff's Application for the Clerk to enter default against Guitar Center #24 is DENIED. Court Reporter: Not Reported. (gk)
October 6, 2020 Filing 28 NOTICE OF ERRATA filed by Defendant Tunecore, Inc.. correcting Notice of Appearance or Withdrawal of Counsel (G-123), #26 (Kohler, Ryan)
October 5, 2020 Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan Joseph Kohler counsel for Defendant Tunecore, Inc.. Adding Ryan J. Kohler as counsel of record for Tunecore, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Tunecore, Inc.. (Kohler, Ryan)
October 5, 2020 Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan Joseph Kohler counsel for Defendant Tunecore, Inc.. Adding Ryan J. Kohler as counsel of record for Tunecore, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Tunecore, Inc.. (Attorney Ryan Joseph Kohler added to party Tunecore, Inc.(pty:dft))(Kohler, Ryan)
October 5, 2020 Filing 25 NOTICE of Appearance filed by attorney Jessica J Mead on behalf of Defendant Tunecore, Inc. (Attorney Jessica J Mead added to party Tunecore, Inc.(pty:dft))(Mead, Jessica)
October 5, 2020 Filing 24 APPLICATION for Clerk to Enter Default against Defendant Guitar Center Inc filed by Plaintiff Gian Caterine. (Attachments: #1 Declaration of Jason A. Archinaco, #2 Proposed Order) (Archinaco, Jason)
October 5, 2020 Filing 23 NOTICE OF ERRATA filed by Defendant Tunecore, Inc.. correcting Objection/Opposition (Motion related), #18 (Defendant TuneCore, Inc.'s Notice of Errata Regarding Opposition to Motion for Preliminary Injunction) (Attachments: #1 Defendants' Opposition to Motion for Preliminary Injunction)(Amdursky, Eric)
October 5, 2020 Filing 22 MEMORANDUM in Opposition to EX PARTE APPLICATION to Extend Time to File Answer to 10/29/2020 re Complaint (Attorney Civil Case Opening), #1 #15 filed by Plaintiff Gian Caterine. (Attachments: #1 Declaration of Jason A. Archinaco)(Archinaco, Jason)
October 2, 2020 Filing 21 NOTICE of Appearance filed by attorney Ryan W Rutledge on behalf of Defendant Tunecore, Inc. (Attorney Ryan W Rutledge added to party Tunecore, Inc.(pty:dft))(Rutledge, Ryan)
October 2, 2020 Filing 20 NOTICE of Appearance filed by attorney Eric Jordan Amdursky on behalf of Defendant Tunecore, Inc. (Amdursky, Eric)
October 2, 2020 Filing 19 CERTIFICATE of Interested Parties filed by Defendant Tunecore, Inc., identifying interested parties/ TuneCore, Inc, Guitar Center, Inc., Michael Pendleton, Believe Digital Holdings, Inc., Believe SAS, Opus Capital Venture Partners V, L.P., Universal Music Investments, Inc., Jeff Price., Gary Burke, Scott Ackerman, Art Shaw, Landmark American Insurance Co.. (Amdursky, Eric)
October 2, 2020 Filing 18 OPPOSITION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction #14 filed by Defendant Tunecore, Inc.. (Attachments: #1 Declaration of Ryan Kohler in Support, #2 Declaration of Matthew Barrington in Support)(Attorney Eric Jordan Amdursky added to party Tunecore, Inc.(pty:dft))(Amdursky, Eric)
October 2, 2020 Filing 17 Proposed Order [erroneously not filed as part of the Ex Pare Application] re: EX PARTE APPLICATION to Extend Time to File Answer to 10/29/2020 re Complaint (Attorney Civil Case Opening), #1 #15 (Brower, Steven)
October 2, 2020 Filing 16 NOTICE of Interested Parties filed by defendant Guitar Center Inc, identifying None. (Brower, Steven)
October 2, 2020 Filing 15 EX PARTE APPLICATION to Extend Time to File Answer to 10/29/2020 re Complaint (Attorney Civil Case Opening), #1 filed by defendant Guitar Center Inc. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F) (Attorney Steven Brower added to party Guitar Center Inc(pty:dft)) (Brower, Steven)
September 25, 2020 Filing 14 NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by Plaintiff Gian Caterine. Motion set for hearing on 10/23/2020 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Gian Caterine aka John Cate, #2 Declaration of Jason A. Archinaco, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed Order) (Archinaco, Jason)
September 21, 2020 Opinion or Order Filing 13 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
September 21, 2020 Filing 12 MINUTES OF IN CHAMBERS - TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 19-03 filed on 9/15/2020. The case number will now read CV 20-8123-DMG (MRWx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk)
September 18, 2020 Filing 11 PROOF OF SERVICE Executed by Plaintiff Gian Caterine, upon Defendant Guitar Center Inc served on 9/11/2020, answer due 10/2/2020. Service of the Summons and Complaint were executed upon Remo Puccio (person in charge) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Archinaco, Jason)
September 15, 2020 Opinion or Order Filing 10 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:16-cv-01925 DMG(MRWx). Case transferred from Magistrate Judge Alka Sagar and Judge Otis D. Wright, II to Judge Dolly M. Gee and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-08123 DMG(MRWx). Signed by Judge Dolly M. Gee (rn)
September 9, 2020 Opinion or Order Filing 9 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 Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
September 8, 2020 Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Guitar Center Inc, Michael Pendelton, Tunecore, Inc. (esa)
September 8, 2020 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
September 8, 2020 Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (esa)
September 4, 2020 Filing 5 NOTICE of Related Case(s) filed by Plaintiff Gian aka John Cate Caterine. Related Case(s): 2:16-cv-01925- DMG-MRW (Archinaco, Jason)
September 4, 2020 Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Gian aka John Cate Caterine. (Archinaco, Jason)
September 4, 2020 Filing 3 NOTICE of Interested Parties filed by Plaintiff Gian aka John Cate Caterine, (Archinaco, Jason)
September 4, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Gian aka John Cate Caterine. (Archinaco, Jason)
September 4, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-27944791 - Fee: $400, filed by Plaintiff Gian aka John Cate Caterine. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Attorney Jason A Archinaco added to party Gian aka John Cate Caterine(pty:pla))(Archinaco, Jason)

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Defendant: Michael Pendelton
Represented By: Steven Brower
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Defendant: Tunecore, Inc.
Represented By: Ryan W Rutledge
Represented By: Eric Jordan Amdursky
Represented By: Ryan Joseph Kohler
Represented By: Jessica J Mead
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Defendant: Guitar Center Inc
Represented By: Steven Brower
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Plaintiff: Gian aka John Cate Caterine
Represented By: Jason A Archinaco
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Plaintiff: Gian Caterine
Represented By: Jason A Archinaco
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Plaintiff: John Cate
Represented By: Jason A Archinaco
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