Eight Mile Style, LLC, et al v. Spotify USA Inc., et al
| MARTIN AFFILIATED, LLC and EIGHT MILE STYLE, LLC |
| HARRY FOX AGENCY, LLC, SPOTIFY USA INC. and KOBALT MUSIC PUBLISHING AMERICA, INC. |
| 24-5894 |
| October 3, 2024 |
| U.S. Court of Appeals, Sixth Circuit |
| Property Rights: Copyright |
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| Filing 17 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 16 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 15 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 14 DEFICIENCY NOTICE: The appearance form , [ # 10 ], filed by Mr. Richard S. Busch for Eight Mile Style, LLC and Martin Affiliated, LLC is deficient for the reason noted on the attached checklist. (VLP) [Entered: 10/18/2024 07:28 AM] |
| Filing 13 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 12 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 11 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 10 APPEARANCE filed for Appellants Cross-Appellees Eight Mile Style, LLC and Martin Affiliated, LLC by Richard S. Busch. Certificate of Service: 10/17/2024. [24-5894] (RSB) [Entered: 10/17/2024 05:27 PM] |
| Filing 9 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Andrew John Pincus for Appellee Cross-Appellant Spotify USA Inc.. Is this case a cross-appeal? Yes ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: Eight Mile Style, LLC and Martin Affiliated, LLC ; Issues: Eight Mile Style, LLC and Martin Affiliated, LLC (together, Eight Mile) asserted copyright infringement claims against Spotify. The district court granted judgment in favor of Spotify on those claims, holding that Eight Mile was equitably estopped from bringing those claims because of its misconduct. This is a protective cross-appeal that the Court need not reach if it agrees with the district court's holding on equitable estoppel. The cross appeal will raise whether the judgment in Spotify's favor on Eight Mile's copyright infringement claims is supported by Spotify's other arguments and defenses, including, but not limited to, that Spotify had an implied license based on the same undisputed facts that supported equitable estoppel; and that Spotify was otherwise entitled to make use of the compositions through an express license from Kobalt Music Publishing America, Inc. as well as through other means. . Certificate of Service: 10/17/2024. [24-5894] (AJP) [Entered: 10/17/2024 04:59 PM] |
| Filing 8 TRANSCRIPT ORDER filed - transcript is already on file in the District Court Clerks Office. Filed by Mr. Andrew John Pincus for Spotify USA Inc.. Certificate of Service: 10/17/2024. [24-5894] (AJP) [Entered: 10/17/2024 04:43 PM] |
| Filing 7 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: 10/17/2024. [24-5894] (AJP) [Entered: 10/17/2024 04:41 PM] |
| Filing 6 APPEARANCE filed for Appellee Cross-Appellant Spotify USA Inc. by Archis A. Parasharami. Certificate of Service: 10/17/2024. [24-5894] (AAP) [Entered: 10/17/2024 04:35 PM] |
| Filing 5 APPEARANCE filed for Appellee Cross-Appellant Spotify USA Inc. by Andrew J. Pincus. Certificate of Service: 10/17/2024. [24-5894] (AJP) [Entered: 10/17/2024 04:32 PM] |
| Filing 3 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 2 The case manager for this case is: Virginia Padgett (VLP) [Entered: 10/03/2024 09:56 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellee Cross-Appellant Spotify USA Inc.. Transcript needed: y. (VLP) [Entered: 10/03/2024 09:52 AM] |
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