Eight Mile Style, LLC, et al v. Spotify USA Inc., et al
| EIGHT MILE STYLE, LLC and MARTIN AFFILIATED, LLC |
| SPOTIFY USA INC., KOBALT MUSIC PUBLISHING AMERICA, INC. and HARRY FOX AGENCY, LLC |
| 24-5849 |
| September 18, 2024 |
| U.S. Court of Appeals, Sixth Circuit |
| Property Rights: Copyright |
Docket Report
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| Filing 26 BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: first brief now due 01/16/2025. appellee and second brief now due 03/13/2025. third brief now due 05/01/2025. fourth brief now due 06/12/2025. [24-5849, 24-5894] (LMR) [Entered: 10/23/2024 09:45 AM] |
| Filing 25 APPEARANCE filed for Appellants Cross-Appellees Eight Mile Style, LLC and Martin Affiliated, LLC in 24-5849, 24-5894 by Richard S. Busch. Certificate of Service: 10/18/2024. [24-5849, 24-5894] (RSB) [Entered: 10/18/2024 12:32 PM] |
| Filing 24 BRIEFING LETTER SENT setting briefing schedule: first brief due 11/27/2024, appellee and second brief due 12/27/2024. third brief due 01/27/2025. fourth brief due 02/10/2025. [24-5849, 24-5894] (VLP) [Entered: 10/18/2024 07:38 AM] |
| Filing 23 APPEARANCE filed for Appellants Cross-Appellees Eight Mile Style, LLC and Martin Affiliated, LLC in 24-5849, 24-5894 by David M. Niemierzycki. Certificate of Service: 10/17/2024. [24-5849, 24-5894] (DN) [Entered: 10/17/2024 06:14 PM] |
| Filing 22 TRANSCRIPT ORDER filed - transcript is already on file in the District Court Clerks Office. Filed by Mr. Andrew Hunt Davis for Eight Mile Style, LLC and Martin Affiliated, LLC in 24-5894, 24-5849. Certificate of Service: 10/17/2024. [24-5894, 24-5849] (AHD) [Entered: 10/17/2024 05:44 PM] |
| Filing 21 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Andrew Hunt Davis for Appellants Cross-Appellees Eight Mile Style, LLC and Martin Affiliated, LLC in 24-5894. Is this case a cross-appeal? Yes ; Has this case or a related one been before this court previously? Yes ; Case Name: In re: Kobalt Music Publishing America, Inc. , Citation: Sixth Circuit Case No. 24-00502 ; Was this case mediated through the court's program: No ; Parties Against Whom this Appeal is Being Taken: Spotify USA Inc. in 24-5894, Harry Fox Agency, LLC in 24-5849 ; Issues: Eight Mile brought claims of copyright infringement against Spotify, and contributory and vicarious copyright infringement against HFA. Appellants will raise the issue of whether the district court properly granted Spotify's motion for summary judgment . Certificate of Service: 10/17/2024. [24-5894, 24-5849] (AHD) [Entered: 10/17/2024 05:37 PM] |
| Filing 20 APPEARANCE filed for Appellee Harry Fox Agency, LLC by Jean-Claude Andre. Certificate of Service: 10/04/2024. [24-5849]--[Edited 10/23/2024 by ACB to remove incorrect case number where Harry Fox Agency is not a party.] (JA) [Entered: 10/04/2024 04:35 PM] |
| Filing 19 VIDEO CONFERENCE: The Mediation conference scheduled for 10/21/2024 at 1:00 PM (ET) with Kathryn Wollenburg will INCLUDE BOTH CA Nos. 24-5849 AND 24-5894. [Please open original notice found on CA No. 24-5849 for important details and deadlines.] [24-5849, 24-5894] (LMR) [Entered: 10/04/2024 01:45 PM] |
| Filing 18 TRANSCRIPT ORDER filed - transcript is already on file in the District Court Clerks Office. Filed by Ms. Elisabeth S. Theodore for Eight Mile Style, LLC and Martin Affiliated, LLC. Certificate of Service: 10/03/2024. [24-5849] (EST) [Entered: 10/03/2024 03:42 PM] |
| Filing 17 NOTICE: The initial transcript order has not been completed. If not completed by 10/07/2024 further action will be taken. (VLP) [Entered: 10/03/2024 07:43 AM] |
| Filing 16 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Elisabeth S. Theodore for Appellants Eight Mile Style, LLC and Martin Affiliated, LLC. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? Yes ; Case Name: In re: Kobalt Music Publishing America, Inc. (Sixth Circuit Case No. 24-00502). , Parties Against Whom this Appeal is Being Taken: Spotify USA Inc. and Harry Fox Agency, LLC ; Issues: The appeal is taken against Spotify USA Inc. (Spotify) and the Harry Fox Agency, LLC (HFA). Appellants brought claims of copyright infringement against Spotify, and contributory and vicarious copyright infringement against HFA. Appellants will raise the issue of whether the district court properly granted Spotify's motion for summary judgment based on an equitable estoppel theory, and as a result also granted HFA's motion for summary judgment. Appellants will also raise the issue of whether the district court properly denied Appellants' motion for summary judgment against both Spotify and HFA, particularly given the court's findings that Spotify streamed the subject musical compositions without any license. Appellants will also raise the issue of whether the district court properly dismissed their claims of vicarious liability against HFA. . Certificate of Service: 10/02/2024. [24-5849] (EST) [Entered: 10/02/2024 06:23 PM] |
| Filing 15 APPEARANCE filed for Appellee Harry Fox Agency, LLC by Jacob T. Clabo. Certificate of Service: 10/02/2024. [24-5849] (JTC) [Entered: 10/02/2024 05:09 PM] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Chris M. LaRocco ; Harry Fox Agency, LLC makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Blackstone Inc. is the ultimate parent of appellee The Harry Fox Agency LLC 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/02/2024. [24-5849] (CML) [Entered: 10/02/2024 04:51 PM] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Andrew J. Pincus ; Spotify USA Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Spotify USA Inc. is a wholly-owned subsidiary of Spotify AB. Spotify AB is a wholly-owned subsidiary of Spotify Technology S.A., a publicly traded company that does not have a parent corporation. No publicly traded corporation owns 10% or more of the common stock of Spotify Technology S.A. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? The following insurance companies are publicly owned corporations or subsidiaries of publicly owned corporations and have a potential financial interest in the outcome of the litigation: Chubb; Great Lakes SE; Allianz Global Corporate & Specialty SE Certificate of Service: 10/02/2024. [24-5849] (AJP) [Entered: 10/02/2024 03:00 PM] |
| Filing 12 APPEARANCE filed for Appellants Eight Mile Style, LLC and Martin Affiliated, LLC by Daniel Asimow. Certificate of Service: 10/02/2024. [24-5849] (DBA) [Entered: 10/02/2024 12:55 PM] |
| Filing 11 APPEARANCE filed for Appellants Eight Mile Style, LLC and Martin Affiliated, LLC by Elisabeth S. Theodore. Certificate of Service: 10/02/2024. [24-5849] (EST) [Entered: 10/02/2024 11:17 AM] |
| Filing 10 APPEARANCE filed for Appellee Harry Fox Agency, LLC by Chris Michael LaRocco. Certificate of Service: 09/30/2024. [24-5849] (CML) [Entered: 09/30/2024 03:04 PM] |
| Filing 9 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Andrew H. Drew Davis ; Eight Mile Style, LLC and Martin Affiliated, LLC makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 09/28/2024. [24-5849] (AHD) [Entered: 09/28/2024 04:52 PM] |
| Filing 8 APPEARANCE filed for Appellee Harry Fox Agency, LLC by Geoffrey M. Pipoly. Certificate of Service: 09/27/2024. [24-5849] (GMP) [Entered: 09/27/2024 02:04 PM] |
| Filing 7 APPEARANCE filed for Appellants Eight Mile Style, LLC and Martin Affiliated, LLC by Andrew H. "Drew" Davis. Certificate of Service: 09/26/2024. [24-5849] (AHD) [Entered: 09/26/2024 11:49 AM] |
| Filing 6 DEFICIENCY NOTICE: The appearance form , [ # 4 ], filed by Mr. Andrew John Pincus for Spotify USA Inc. is deficient for the reason noted on the attached checklist. (VLP) [Entered: 09/20/2024 08:33 AM] |
| Filing 5 APPEARANCE filed for Appellee Spotify USA Inc. by Archis Parasharami. Certificate of Service: 09/19/2024. [24-5849] (AAP) [Entered: 09/19/2024 04:34 PM] |
| Filing 4 APPEARANCE filed for Appellee Spotify USA Inc. by Andrew J. Pincus. Certificate of Service: 09/19/2024. [24-5849] (AJP) [Entered: 09/19/2024 04:27 PM] |
| Filing 3 MEDIATION OFFICE is involved in this appeal. VIDEO CONFERENCE: A Mediation conference has been scheduled for 10/21/2024 at 1:00 PM (ET) with Kathryn Wollenburg. [Please open notice for important details and deadlines.] (LMR) [Entered: 09/19/2024 02:08 PM] |
| Filing 2 The case manager for this case is: Virginia Padgett (VLP) [Entered: 09/18/2024 02:12 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants Eight Mile Style, LLC and Martin Affiliated, LLC. Transcript needed: y. (VLP) [Entered: 09/18/2024 02:10 PM] |
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