Yellow Rose Productions, Inc. v. Pandora Media, LLC
| Yellow Rose Productions, Inc. |
| Pandora Media, LLC |
| Brave Lion, Inc., Nick Di Paolo, Andrew Dice Clay, Robin Williams Trust, Ron White, Inc., Main Sequence, LTD, Mary Reese Hicks, Lewis Black and George Lopez |
| WordCollections, Inc. and Spoken Giants, LLC |
| 2:2022cv00809 |
| February 7, 2022 |
| US District Court for the Central District of California |
| Margo A Rocconi |
| Mark C Scarsi |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 90
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Mark C. Scarsi. APPLICATION to Appear Pro Hac Vice on behalf of Counter Defendant Spoken Giants, LLC, designating Jeffery D McFarland as local counsel. granting #89 Non-Resident Attorney Travis E. DeArman (rolm)
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| Filing 89 Corrected APPLICATION of Non-Resident Attorney Travis E. DeArman to Appear Pro Hac Vice on behalf of Counter Defendant Spoken Giants, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 11/7/2022, Receipt No. 34285968) filed by Counter Claim-Defendant Spoken Giants, LLC. (Attachments: #1 Proposed Order) (McFarland, Jeffery) |
| Filing 88 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Travis E. DeArman to Appear Pro Hac Vice on behalf of Counter Defendant Spoken Giants, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34285968) #87 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the application. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 87 APPLICATION of Non-Resident Attorney Travis E. DeArman to Appear Pro Hac Vice on behalf of Counter Defendant Spoken Giants, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34285968) filed by Counter Claim-Defendant Spoken Giants, LLC. (Attachments: #1 Proposed Order) (McFarland, Jeffery) |
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Filing 86
ORDER GRANTING STIPULATION TO SET COORDINATED AMENDMENT AND RESPONSE SCHEDULE #85 by Judge Mark C. Scarsi: 1) Defendant and Counterclaimant Pandora Media, LLC has up to and inclusive of November 18, 2022 to amend its Counterclaims against Counterclaim Defendants Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc.,and Yellow Rose Productions, Inc. and WordCollections, Inc.; and Pandora Media, LLC has up to and inclusive of November 18, 2022 to amend its Counterclaims against Counterclaim Defendants Lewis Black and Spoken Giants, LLC in response to this Court's October 26, 2022 Order. 2) In the event Pandora Media, LLC does not amend or voluntarily withdraw its Counterclaims against Counterclaim Defendants Lewis Black and Spoken Giants, LLC by November 18, 2022, CounterclaimDefendants Lewis Black and Spoken Giants, LLC will have until December 19, 2022 to answer, move, or otherwise respond to Pandora Media, LLCs existing Counterclaims (ECF No. 72). (lc)
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| Filing 85 Joint STIPULATION for Order to Set Coordinated Amendment and Response Schedule filed by Defendant and Counter-Claimant Pandora Media, LLC. (Attachments: #1 Proposed Order)(Fakler, Paul) |
| Filing 84 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
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Filing 83
ORDER RE: MOTION TO DISMISS AND JOINDER #49 , #50 by Judge Mark C. Scarsi: Counterclaim Defendant Word Collections, Inc. moved to dismiss Counterclaimant Pandora Media, LLCs counterclaim. Counterclaim Defendants Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., and Yellow Rose Productions, Inc. (hereinafter Comedians) joined the motion. Pandora opposed the motion, (Oppn, ECF No. 54), and Counterclaim Defendants replied, (Reply, ECF No. 60; Reply Joinder, ECF No. 59). The Court heard argument on the motion on August 29, 2022. (Mins., ECF No. 63.). The Court grants in part and denies in part the request for judicial notice. The Court grants in part and denies in part the motion. The counterclaim is dismissed in its entirety. Pandora may file an amended counterclaim no later than 14 days from the date of this Order, if it can do so consistent with Federal Rule of Civil Procedure 11(b) and this Order. The parties are encouraged to review the propriety of amendment of the counterclaim filed at ECF No. 72 in light of this Order. The Court will accept a stipulation by the parties to file all amended counterclaims simultaneously. In preparing such a stipulation, the parties should suggest dates that will "secure the just, speedy, and inexpensive determination" of this matter. Fed. R. Civ. P. 1. Failure to file a timely amended counterclaim will waive the right to do so. Leave to add new defendants or claims must be sought by a separate, properly noticed motion. (lc)
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Filing 82
ORDER GRANTING STIPULATION TO EXTEND DEADLINE FOR SPOKEN GIANTS TO RESPOND TO PANDORA MEDIA, LLC'S COUNTERCLAIM TO NOVEMBER 18, 2022 #81 , by Judge Mark C. Scarsi. (lc)
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| Filing 81 Joint STIPULATION Extending Time to Answer the complaint as to Spoken Giants, LLC answer now due 11/18/2022, re Counterclaim #72 filed by Counterclaim Defendant Spoken Giants, LLC. (Attachments: #1 Proposed Order)(Attorney Jeffery D McFarland added to party Spoken Giants, LLC(pty:cd))(McFarland, Jeffery) |
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Filing 80
JOINT STIPULATED PROTECTIVE ORDER by Magistrate Judge Margo A. Rocconi re Stipulation for Protective Order #77 . [See document for further details] (et)
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Filing 79
ORDER GRANTING JOINT STIPULATION THAT COUNTERCLAIM DEFENDANT LEWIS BLANK SHALL HAVE UNTIL NOVEMBER 16, 2022 TO ANSWER, MOVE OR OTHERWISE REAPOND TO THE COUNTERCLAIMS #78 by Judge Mark C. Scarsi. (lc)
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| Filing 78 Joint STIPULATION Extending Time to Answer the complaint as to Lewis Black answer now due 11/16/2022, re Counterclaim #72 filed by Consolidated Plaintiff and Counter-Defendant Lewis Black. (Attachments: #1 Proposed Order Granting Joint Stipulation)(Busch, Richard) |
| Filing 77 Joint STIPULATION for Protective Order filed by Defendant/Counter-Claimant Pandora Media, LLC.(Fakler, Paul) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Proof of Service (subsequent documents) #75 . 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. Upon use of cited correct event will link to the counterclaim and Prompt for information as to whom, when and how service was executed...information Missing due to incorrect event. Other error(s) with document(s): 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) |
| Filing 75 PROOF OF SERVICE filed by Defendant Pandora Media, LLC, re Counterclaim #72 / Proof of Personal Service of Summons and Counterclaims to Second Amended Consolidated Complaint served on 9/28/2022. (Fakler, Paul) |
| Filing 74 21 DAY Summons Issued re Counterclaim #72 as to Counter Defendant Spoken Giants, LLC. (lc) |
| Filing 73 Request for Clerk to Issue Summons on Counterclaim #72 filed by Defendant and Counterclaimant Pandora Media, LLC. (Fakler, Paul) |
| Filing 72 COUNTERCLAIM against Counter Defendants Lewis Black, Spoken Giants, LLC, filed by Defendant and Counterclaimant Pandora Media, LLC.(Fakler, Paul) |
| Filing 71 ANSWER to Amended Complaint/Petition,,, #70 filed by Defendant Pandora Media, LLC.(Fakler, Paul) |
| Filing 70 SECOND [AMENDED CONSOLIDATED] AMENDED COMPLAINT against Defendant Pandora Media, LLC amending Consolidated Complaint,,, #24 , filed by Plaintiffs George Lopez, Robin Williams Trust, Main Sequence, LTD, Mary Reese Hicks, Yellow Rose Productions, Inc., Brave Lion, Inc., Ron White, Inc., Lewis Black, Nick Di Paolo (Attachments: #1 Exhibit A - Registered Literary Works ("Engvall Works"), #2 Exhibit B - Registered Literary Works ("Carlin Works"), #3 Exhibit C - Registered Literary Works ("White Works"), #4 Exhibit D - Registered Literary Works ("Williams Works"), #5 Exhibit E - Registered Literary Works ("Clay Works"), #6 Exhibit F - Registered Literary Works ("Di Paolo Works"), #7 Exhibit G - Registered Literary Works ("Hicks Works"), #8 Exhibit H - Registered Literary Works ("Black Works"), #9 Exhibit I - Registered Literary Works ("Lopez Works"))(Busch, Richard) |
| Filing 69 TRANSCRIPT ORDER as to Defendant Pandora Media, LLC for Court Reporter. Court will contact Michael Calvanico at mcalvanico@mayerbrown.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Fakler, Paul) |
| Filing 68 TRANSCRIPT ORDER as to Counterclaim Defendant WordCollections, Inc. for Court Reporter. Court will contact Katherine Ferguson at Kferguson@birdmarella.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rocos, Oliver) |
| Filing 67 TRANSCRIPT ORDER as to Non-party Requester for Court Reporter. Court will contact Jessica Mozes at jessica@blondemedicine.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ls) |
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Filing 66
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER CONSOLIDATING CASES. The Court previously consolidated a lawsuit by several comedians against Pandora Media LLC. Consolidation Order, In re Pandora Media, LLC Copyright Litigation, No. 2:22-cv-00809-MCS-MAR, ECF No. 18. On August 23, 2022, a new comedian, George Lopez, filed a copyright infringement case against Pandora raising substantially the same claims. The Court consolidates the Lopez case with the other cases. (1) Pursuant to Fed. R. Civ. P. 42(a), In re Pandora Media, LLC Copyright Litigation, No. 2:22-cv-00809-MCS-MAR, and George Lopez v. Pandora Media, LLC, No. 2:22-cv-05965-MCS-MAR, are consolidated for pretrial purposes and should be captioned (SEE DOCUMENT FOR CAPTION ). (2) The file in Case No. 2:22-cv-00809-MCS-MAR shall constitute the master file for every action in the consolidated action. The Clerk shall administratively close the Lopez action. (3) The Court orders the comedian plaintiffs to file an amended consolidated complaint including Lewis Black and George Lopez within 14 days of this order. Should any new party file a new case or claim related to this action, that party shall file a motion with a proposed order to consolidate that new case or claim with the current master file. Once any new case or claim is consolidated, the parties shall file amended consolidated complaints and counterclaims within 14 days of the consolidation order. (lc)
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Filing 65
ORDER RE: JURY/COURT TRIAL I. SCHEDULE II. TRIAL PREPARATION III. CONDUCT OFATTORNEYS AND PARTIES by Judge Mark C. Scarsi: Trial, Final Pretrial Conference; Hearing on Motions in Limine: NOT SET. (SEE DOCUMENTS FOR ALL SPECIFIED DEADLINES SET AND NOT SET ). (lc)
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Filing 64
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: CASE SCHEDULEThe Court held a scheduling conference on August 29, 2022. Followingdiscussion with the parties, the Court will set a schedule giving the parties a year for fact discovery and four months for expert discovery. The Court will set specific dates in a separate order. Based on the likelihood that pretrial litigation will resolve many issues, the Court declines to set a final pretrial conference or trial date at this time. (SEE DOCUMENT FOR SPECIFICS RE COURT'S DISCUSSION RE MODIFYING CASE SCHEDULE AND COURT'S PRACTICE AND DETERMINATION THEREOF ). (lc)
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| Filing 63 MINUTES OF Motion Hearing and Scheduling Conference held before Judge Mark C. Scarsi. RE Motion to Dismiss Pandora Media, LLC's Counterclaims #49 , Motion for Joinder #50 . The Court takes the motions UNDER SUBMISSION and a ruling will be issued. The Court confers with counsel regarding the status of the case. The Court has reviewed the parties' August 15, 2022 Joint Report. The Court will issue an order setting pretrial dates. The Court will set trial dates following the pretrial resolution of various issues. The parties should address any specific discovery issues with Judge Rocconi. Court Reporter: Marea Woolrich. (lc) |
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Filing 62
ORDER GRANTING APPLICATION of Non-Resident Attorney Jacob B. Ebin to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC, Counter Claimant Pandora Media, LLC and designating John Nadolenco as local counsel #57 by Judge Mark C. Scarsi. (lc)
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| Filing 61 RESPONSE filed by Counter Defendant WordCollections, Inc.to Objection/Opposition (Motion related), #55 WORD COLLECTIONS, INC.'S RESPONSE TO PANDORA MEDIA, LLCS OPPOSITION TO ITS REQUEST FOR JUDICIAL NOTICE (Rocos, Oliver) |
| Filing 60 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 filed by Counter Defendant WordCollections, Inc.. (Rocos, Oliver) |
| Filing 59 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 , NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 [JOINDER IN MOTION TO DISMISS BY COUNTERCLAIM CODEFENDAN #50 filed by Consol Plaintiffs Lewis Black, Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Counter Defendants Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Yellow Rose Productions, Inc., Plaintiff Yellow Rose Productions, Inc.. (Busch, Richard) |
| Filing 58 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Consol Plaintiffs Lewis Black, Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Plaintiff Yellow Rose Productions, Inc... (Attachments: #1 Exhibit Proposed Schedule of Pretrial/Trial Dates Worksheet)(Busch, Richard) |
| Filing 57 APPLICATION of Non-Resident Attorney Jacob B. Ebin to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC, Counter Claimant Pandora Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33788141) filed by defendant and counterclaimant Pandora Media, LLC. (Attachments: #1 Proposed Order) (Nadolenco, John) |
| Filing 56 OPPOSITION to NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 [JOINDER IN MOTION TO DISMISS BY COUNTERCLAIM CODEFENDAN #50 filed by Counter Claimant Pandora Media, LLC. (Fakler, Paul) |
| Filing 55 Opposition to Request for Judical Notice re: NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 filed by Counter Claimant Pandora Media, LLC. (Fakler, Paul) |
| Filing 54 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 filed by Counter Claimant Pandora Media, LLC. (Fakler, Paul) |
| Filing 53 WAIVER OF SERVICE Returned Executed filed by Plaintiff Lewis Black. upon All Defendants. Waiver of Service signed by Paul Faker, obo Pandora Media LLC. (Busch, Richard) |
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Filing 52
ORDER GRANTING STIPULATION TO SET COORDINATED BRIEFING SCHEDULE #48 by Judge Mark C. Scarsi: 1) Defendant and Counterclaimant Pandora Media, LLC shall file its Oppositions to Counterclaim Defendant Word Collections, Inc.'s motion to dismiss and accompanying brief by the individual Plaintiffs on or before August 5, 2022. 2) Counterclaim Defendant Word Collections, Inc. and the individual Plaintiffs shall file their Replies on or before August 17, 2022. 3) The Court ADVANCES the scheduling conference set for August 29, 2022, from 10:00 AN. to 9:00 AM. (lc)
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Filing 51
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER CONSOLIDATING CASES. The Court previously consolidated a lawsuit by several comedians against Pandora Media LLC. Consolidation Order, In re Pandora Media, LLC Copyright Litigation, No. 2:22-cv-00809-MCS-MAR, ECF No. 18. On July 7, 2022, a new comedian, Lewis Black, filed a copyright infringement case against Pandora raising substantially the same claims. The Court consolidates the Black case with the other cases. (1) Pursuant to Fed. R. Civ. P. 42(a), In re Pandora Media, LLC Copyright Litigation, No. 2:22-cv-00809-MCS-MAR, and Lewis Black v. Pandora Media, LLC, No. 2:22-cv-04634-MCS-MAR, are CONSOLIDATED FOR PRETRIAL PURPOSES and should be CAPTIONED AS (SEE DOCUMENT FOR INSTRUCTIONS RE REQUIRED CAPTION FORMAT AND REQUIRED PHASES RE DOCUMENTS BEING FILED ). (2) The file in Case No. 2:22-cv-00809-MCS-MAR shall constitute the MASTER file for every action in the consolidated action. The Clerk shall Administratively Close the Black action. (3) The Court vacates all deadlines regarding a responsive pleading to Lewis Black's complaint. The Court will address any issues regarding pleadings at the August 29, 2022 scheduling conference. The parties shall propose a plan for incorporating Lewis Black as a consolidated Plaintiff into this case in their Rule 26(f) report. (lc)
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| Filing 50 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #49 [JOINDER IN MOTION TO DISMISS BY COUNTERCLAIM CODEFENDANT WORD COLLECTIONS, INC.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF] filed by Plaintiffs/Counterclaim Defendants Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Yellow Rose Productions, Inc.. Motion set for hearing on 8/29/2022 at 09:00 AM before Judge Mark C. Scarsi. (Busch, Richard) |
| Filing 49 NOTICE OF MOTION AND MOTION to Dismiss PANDORA MEDIA, LLCS COUNTERCLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Counter Defendant WordCollections, Inc.. Motion set for hearing on 8/29/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS THE COUNTERCLAIMS OF PANDORA MEDIA, LLC, #2 Declaration OF LAUREN A. MOSKOWITZ IN SUPPORT OF WORD COLLECTIONS INC.S REQUEST FOR JUDICIAL NOTICE, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Rocos, Oliver) |
| Filing 48 Joint STIPULATION for Order to Set Coordinated Briefing Schedule filed by Defendant/Counter-Claimant Pandora Media, LLC. (Attachments: #1 Proposed Order)(Fakler, Paul) |
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Filing 47
ORDER GRANTING APPLICATION of Non-Resident Attorney Moskowitz, Lauren A. to Appear Pro Hac Vice on behalf of Counter Defendant WordCollections and designating Oliver Rocos as local counsel #44 by Judge Mark C. Scarsi. (lc)
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Filing 46
ORDER GRANTING APPLICATION of Non-Resident Attorney Christine A. Varney to Appear Pro Hac Vice on behalf of Counter Defendant WordCollections, Inc. and designating Oliver Rocos as local counsel #43 by Judge Mark C. Scarsi. (lc)
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| Filing 45 NOTICE of Interested Parties filed by Counter Defendant WordCollections, Inc., identifying n/a. (Rocos, Oliver) |
| Filing 44 APPLICATION of Non-Resident Attorney Moskowitz, Lauren A. to Appear Pro Hac Vice on behalf of Counter Defendant WordCollections, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33566502) filed by Counter Defendant WordCollections, Inc.. (Attachments: #1 Proposed Order) (Rocos, Oliver) |
| Filing 43 APPLICATION of Non-Resident Attorney Christine A. Varney to Appear Pro Hac Vice on behalf of Counter Defendant WordCollections, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. CCACDC-33566337) filed by Counter Defendant WordCollections, Inc.. (Attachments: #1 Proposed Order) (Rocos, Oliver) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Oliver Rocos counsel for Counter Defendant WordCollections, Inc.. Adding Oliver Rocos as counsel of record for Counter Defendant Word Collections, Inc. for the reason indicated in the G-123 Notice. Filed by Counter Defendant Word Collections, Inc.. (Attorney Oliver Rocos added to party WordCollections, Inc.(pty:cd))(Rocos, Oliver) |
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Filing 41
ORDER GRANTING STIPULATION #40 Judge Mark C. Scarsi : 1) The Plaintiffs in this Consolidated Action and Counter-Defendant WordCollections, Inc. shall have up to and inclusive of July 15, 2022 to answer or otherwise respond to Pandora Media, LLC's Counter-Claims; and 2) The Scheduling Conference presently set for July 11, 2022 is hereby continued until a time convenient to the Court after July 15, 2022 August 29, 2022, at 10:00 a.m. The Court expects any motions to dismiss to be set for hearing on or before the Scheduling Conference date. (lc)
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| Filing 40 Joint STIPULATION to Continue Scheduling Conference from July 11, 2022 to A time Convenient to the Court after July 15, 2022 Re: Initial Order Setting R26 Scheduling Conference - form only #36 , Counterclaim, #34 , Joint STIPULATION for Extension of Time to File Answer to July 15, 2022 re Counterclaim, #34 filed by Plaintiffs Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Yellow Rose Productions, Inc.. (Attachments: #1 Proposed Order)(Busch, Richard) |
| Filing 39 WAIVER OF SERVICE Returned Executed filed by Defendant and Counter Claimant Pandora Media, LLC. upon WordCollections, Inc. waiver sent by Plaintiff on 5/16/2022, answer due 7/15/2022. Waiver of Service signed by Daniel B. Asimow. (Fakler, Paul) |
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Filing 38
ORDER GRANTING APPLICATION of Non-Resident Attorney William H. Stallings to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC and designating John Nadolenco as local counsel #32 by Judge Mark C. Scarsi. (lc)
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| Filing 37 21 DAY Summons Issued re Counterclaim, #34 as to Counter Defendant WordCollections, Inc. (lc) |
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Filing 36
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI by Judge Mark C. Scarsi. Scheduling Conference set for 7/11/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 35 Request for Clerk to Issue Summons on Counterclaim, #34 filed by Defendant and Counterclaimant Pandora Media, LLC. (Fakler, Paul) |
| Filing 34 COUNTERCLAIM against Counter Defendants Brave Lion, Inc., Nick Di Paolo, Mary Reese Hicks, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Yellow Rose Productions, Inc., WordCollections, Inc.; Jury Demand, filed by Defendant and Counterclaimant Pandora Media, LLC.(Fakler, Paul) Modified on 11/18/2022 (cbr). |
| Filing 33 ANSWER to Consolidated Complaint,,, #24 with JURY DEMAND filed by Defendant Pandora Media, LLC.(Fakler, Paul) |
| Filing 32 APPLICATION of Non-Resident Attorney William H. Stallings to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33246586) filed by defendant Pandora Media, LLC. (Attachments: #1 Proposed Order) (Nadolenco, John) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher John Kelly counsel for Defendant Pandora Media, LLC. Adding Christopher J. Kelly as counsel of record for Pandora Media, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Pandora Media, LLC. (Attorney Christopher John Kelly added to party Pandora Media, LLC(pty:dft))(Kelly, Christopher) |
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Filing 30
ORDER GRANTING APPLICATION of Non-Resident Attorney Allison M. Aviki to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC and designating John Nadolenco as local counsel #27 by Judge Mark C. Scarsi. (lc)
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| Filing 29 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Allison M. Aviki to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33226497) #27 by Judge Mark C. Scarsi. The document is accepted as filed. (smo) |
| Filing 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Allison M. Aviki to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33226497) #27 . 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 NOTICED MOTION. See name of document. (lt) |
| Filing 27 NOTICE OF MOTION AND MOTION of Non-Resident Attorney Allison M. Aviki to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33226497) filed by Defendant Pandora Media, LLC. (Attachments: #1 Proposed Order) (Nadolenco, John) |
| Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Consolidated Complaint #24 by Judge Mark C. Scarsi. The document is accepted as filed. (smo) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consolidated Complaint #24 . The following error(s) was/were found: Pdf document is entitled "AMENDED" consolidated complaint, however filer did not use Amended Complaint event. 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) |
| Filing 24 CONSOLIDATED COMPLAINT related to: #19 Consolidated Complaint,,, filed by Plaintiffs Ron White, Inc., Robin Williams Trust, Brave Lion, Inc., Main Sequence, LTD, Nick Di Paolo, Yellow Rose Productions, Inc., Mary Reese Hicks (Attachments: #1 Exhibit A - Yellow Rose Properly Registered Literary Works, #2 Exhibit B - Main Sequence Properly Registered Literary Works, #3 Exhibit C - Ron White Inc. Properly Registered Literary Works, #4 Exhibit D - Robin Williams Trust Properly Registered Literary Works, #5 Exhibit E - Brave Lion Inc. Properly Registered Literary Works, #6 Exhibit F - Nick Di Paolo Properly Registered Literary Works, #7 Exhibit G Bill Hicks Properly Registered Literary Works)(Attorney Richard Steven Busch added to party Mary Reese Hicks(pty:conpla))(Busch, Richard) |
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Filing 23
ORDER GRANTING STIPULATION #22 by Judge Mark C. Scarsi: 1) Plaintiffs shall file the Amended Consolidated Complaint as a new entry on the docket. 2) The Court rejects the invitation of Plaintiff Mary Reese Hicks to initiate a new case without following the proper procedures. See Fed. R. Civ. P. 3; C.D. Cal. Rs. 3-1 to -2; and 3) Defendant's response deadline to the Amended Consolidated Complaint shall be May 5, 2022. (lc)
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| Filing 22 Joint STIPULATION to Amend Consolidated Complaint,, #19 filed by Plaintiffs Brave Lion, Inc., Nick Di Paolo, Main Sequence, LTD, Robin Williams Trust, Ron White, Inc., Yellow Rose Productions, Inc.. (Attachments: #1 Proposed Order, #2 [Proposed] Amended Consolidated Complaint for Copyright Infringement, #3 Exhibit A to Amended Consolidated Complaint - Yellow Rose Properly Registered Literary Works, #4 Exhibit B to Amended Consolidated Complaint - Main Sequence Properly Registered Literary Works, #5 Exhibit C to Amended Consolidated Complaint - Ron White Inc. Properly Registered Literary Works, #6 Exhibit D to Amended Consolidated Complaint - Robin Williams Trust Properly Registered Literary Works, #7 Exhibit E to Amended Consolidated Complaint - Brave Lion Inc. Properly Registered Literary Works, #8 Exhibit F to Amended Consolidated Complaint - Nick Di Paolo Properly Registered Literary Works, #9 Exhibit G to Amended Consolidated Complaint Arizona Bay Properly Registered Literary Works)(Busch, Richard) |
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Filing 21
ORDER GRANTING STIPULATION (ECF No. #20 ) by Judge Mark C. Scarsi. The Court hereby orders that the stipulation is APPROVED. Defendant Pandora Media, LLC shall have until May 2, 2022 to respond to Plaintiffs' Consolidated Complaint. (lom)
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| Filing 20 Joint STIPULATION to Clarify Court's March 22, 2022 Minute Order, Re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,,, Set/Clear Flags,,,,,,,, #18 , filed by Defendant Pandora Media, LLC. (Attachments: #1 Proposed Order)(Fakler, Paul) |
| Filing 19 CONSOLIDATED COMPLAINT FOR COPYRIGHT INFRINGEMENT related to: #1 Complaint (Attorney Civil Case Opening),, filed by Plaintiffs Yellow Rose Productions, Inc., Ron White, Inc., Robin Williams Trust, Brave Lion, Inc., Main Sequence, LTD, Nick Di Paolo (Attachments: #1 Exhibit A - Yellow Rose Properly Registered Literary Works, #2 Exhibit B - Main Sequence Properly Registered Literary Works, #3 Exhibit C - Ron White Inc. Properly Registered Literary Works, #4 Exhibit D - Robin Williams Trust Properly Registered Literary Works, #5 Exhibit E - Brave Lion Inc. Properly Registered Literary Works, #6 Exhibit F - Nick Di Paolo Properly Registered Literary Works)(Busch, Richard) |
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER CONSOLIDATING CASESThe Court ordered the parties to show cause why it should not join thefollowing cases: Yellow Rose Productions, Inc. v. Pandora Media, LLC, No. 2:22-cv-00809- MCS-MAR ; Main Sequence, LTDv. Pandora Media, LLC, No. 2:22-cv-00810-MCS-MAR; Ron White, Inc. v. Pandora Media, LLC, No. 2:22-cv-00813-MCS-MAR ; Robin Williams Trustv. Pandora Media, LLC, No. 2:22-cv-00815-MCS-MA; Brave Lion, Inc. v. Pandora Media, LLC, No. 2:22-cv-00817-MAR. The plaintiffs to these actions responded that joinder under Rule 20(a)(1) was inappropriate and instead requested consolidation for all pretrial matters. See, e.g., Resp. to OSC, ECF No. 13, Yellow Rose Prods., No. 2:22-cv-00809-MCS-MAR. The Court discharges the OSC and consolidates the cases for all pretrial matters/ For the same reasons as above, on its own motion the Court also consolidatesthese cases with the following case: Nick Di Paolo v. Pandora Media, LLC, No. 2:22-cv-01345-MCS-MAR. The Court orders the following: (1) Pursuant to Fed. R. Civ. P. 42(a), Yellow Rose Productions, Inc. v. PandoraMedia, LLC, No. 2:22-cv-00809-MCS-MAR, Main Sequence, LTD v. PandoraMedia, LLC, No. 2:22-cv-00810-MCS-MAR, Ron White, Inc. v. Pandora Media,LLC, No. 2:22-cv-00813-MCS-MAR, Robin Williams Trust v. Pandora Media, LLC, No. 2:22-cv-00815-MCS-MAR, Brave Lion, Inc. v. Pandora Media, LLC, No. 2:22- cv-00817-MCS-MAR, and Nick Di Paolo v. Pandora Media, LLC, No. 2:22-cv- 01345-MCS-MAR, are consolidated for pretrial purposes and should be captioned (3) Within seven days of this order, Plaintiffs shall file a consolidated complaint in the master file. Defendants response to the consolidated complaint shall be due under the timelines dictated by the Federal Rules of Civil Procedure and Local Rules.(SEE DOCUMENT FOR REQUIRED CAPTION AS ORDERED HERE (2) The file in Case No. 2:22-cv-00809-MCS-MAR shall constitute the masterfile for every action in the consolidated action. The Clerk shall administratively close the other actions. (lc)
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Filing 17
ORDER GRANTING APPLICATION of Non-Resident Attorney Paul M. Fakler to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC and designating John Nadolenco as local counsel #16 by Judge Mark C. Scarsi: (lc)
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| Filing 16 APPLICATION of Non-Resident Attorney Paul M. Fakler to Appear Pro Hac Vice on behalf of Defendant Pandora Media, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32863924) filed by Defendant Pandora Media, LLC. (Attachments: #1 Proposed Order) (Nadolenco, John) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant Pandora Media, LLC identifying Sirius XM Radio Holdings Inc. as Corporate Parent. (Nadolenco, John) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Pandora Media, LLC answer now due 4/7/2022, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Pandora Media, LLC.(Attorney John Nadolenco added to party Pandora Media, LLC(pty:dft))(Nadolenco, John) |
| Filing 13 RESPONSE filed by Plaintiff Yellow Rose Productions, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #11 [Plaintiff's Response to Order to Show Cause Re: Joinder] (Attachments: #1 Exhibit A to Plaintiff's Response to OSC re Joinder, #2 Exhibit B to Plaintiff's Response to OSC re Joinder)(Busch, Richard) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Yellow Rose Productions, Inc., upon Defendant Pandora Media, LLC served on 2/15/2022, answer due 3/8/2022. Service of the Summons and Complaint were executed upon Diana Ruiz, Intake Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Busch, Richard) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE JOINDER. The Court orders Plaintiff to show cause in writing why the following cases should not be joined under Federal Rule of Civil Procedure 20(a)(l ): Yellow Rose Productions, Inc. v. Pandora Media, LLC, No. 2:22-cv-00809-MCS-MAR; Main Sequence, LTDv. Pandora Media, LLC, No. 2:22-cv-00810-MCS-MAR; Ron White, Inc. v. Pandora Media, LLC, No. 2:22-cv-00813-MCS-MAR; Robin Williams Trustv. Pandora Media, LLC, No. 2:22-cv-00815-MCS-MAR; Brave Lion, Inc. v. Pandora Media, LLC, No. 2:22-cv-00817-MCS-MAR. Plaintiff shall either explain why the cases should not be joined as a single action or consent to joinder. Plaintiff shall respond within seven days of this order. (lc)
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| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Pandora Media, LLC. (lc) |
| Filing 9 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Yellow Rose Productions, Inc.. (Busch, Richard) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Yellow Rose Productions, Inc.. (Busch, Richard) |
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Filing 7
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 6 NOTICE of Interested Parties filed by Plaintiff Yellow Rose Productions, Inc., (Busch, Richard) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Margo A. Rocconi. (lh) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Yellow Rose Productions, Inc.. (Busch, Richard) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32745272 - Fee: $402, filed by Plaintiff Yellow Rose Productions, Inc.. (Attachments: #1 Exhibit A to Complaint) (Attorney Richard Steven Busch added to party Yellow Rose Productions, Inc.(pty:pla))(Busch, Richard) |
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