Kaufman, et al. v. Baumgardner, et al.
| Aaron Kaufman, AK Holdings P LLC and Muso SPV LLC |
| Jay Baumgardner, JB Music Data, LLC and Muso.AI Inc. |
| 1:2026cv00054 |
| January 16, 2026 |
| U.S. District Court for the District of Delaware |
| Colm F Connolly |
| Sherry R Fallon |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on July 13, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 ACKNOWLEDGMENT OF RECEIPT of #49 Letter, signed by Clerk from New Castle County Court of Chancery. (Attachments: #1 Envelope) (jfm) |
| Remark: The Clerk, upon following up with the Court of Chancery as to the Acknowledgment requested with D.I. #49 , was advised by the Register in Chancery that the mailing was not received. A copy of D.I. #49 and the enclosed documents have been remailed to the Register in Chancery, New Castle County Court of Chancery. (mws) |
| Filing 49 Letter to Clerk, New Castle County Court of Chancery from Deputy Clerk, U.S. District Court enclosing a certified copy of the Memorandum Order granting the Motion to Remand and a certified copy of the U.S. District Court docket sheet - re #47 Memorandum Order. (mws) |
| Filing 48 SECOND AMENDED COMPLAINT against Jay Baumgardner and JB Music Data, LLC- filed by Aaron Kaufman, AK Holdings P LLC, and Muso SPV LLC. (mws) |
Filing 47
MEMORANDUM ORDER rejecting in part and adopting in part #44 Report and Recommendations: Plaintiff's Motion for Leave to File the Second Amended Verified Complaint (D.I. #22 ) is GRANTED. Plaintiff's Motion to Remand (D.I. #24 ) is GRANTED. See Order for further and complete details. Signed by Judge Colm F. Connolly on 5/18/2026. (mws)
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| CASE CLOSED per D.I. #47 . (mws) |
| Filing 46 Letter to The Honorable Colm F. Connolly from James L. Higgins regarding Courtesy Copies of Filings Associated with the Report and Recommendation - re #45 Objections,. (Higgins, James) |
| Filing 45 OBJECTIONS by Jay Baumgardner, JB Music Data, LLC to #44 REPORT AND RECOMMENDATIONS re #26 MOTION to Expedite re #24 MOTION to Remand to State Court filed by Aaron Kaufman, #40 MOTION for Leave to File Sur-Reply filed by Aaron Kaufman, #22 MOTION to Amend First Amended Complaint filed by Aaron Kau . (Higgins, James) |
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Filing 44
REPORT AND RECOMMENDATIONS- re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action, #22 MOTION to Amend First Amended Complaint, #24 MOTION to Remand to State Court, #26 MOTION to Expedite, #40 MOTION for Leave to File Sur-Reply. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. IT IS FURTHER ORDERED that the motion hearing set in this matter for April 30, 2026 at 2:00 p.m. is CANCELLED. Objections to R&R due by 5/5/2026. Signed by Judge Sherry R. Fallon on 4/21/2026. (lih)
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| Filing 43 ANSWERING BRIEF in Opposition re #40 MOTION for Leave to File Sur-Reply filed by Jay Baumgardner, JB Music Data, LLC.Reply Brief due date per Local Rules is 3/26/2026. (Attachments: #1 Exhibit A, #2 Exhibit B)(Penezic, Gianna) Modified on 3/20/2026 (lih). |
| Filing 42 STATEMENT re #40 MOTION for Leave to File Sur-Reply by Aaron Kaufman. (Brown, Glenn) Modified on 3/5/2026 (lih). |
| Filing 41 OPENING BRIEF in Support re #40 MOTION for Leave to File Sur-Reply filed by Aaron Kaufman.Answering Brief/Response due date per Local Rules is 3/19/2026. (Brown, Glenn) Modified on 3/5/2026 (lih). |
| Filing 40 MOTION for Leave to File Sur-Reply - filed by Aaron Kaufman. (Attachments: #1 Text of Proposed Order, #2 Exhibit)Motions referred to Sherry R. Fallon.(Brown, Glenn) Modified on 3/5/2026 (lih). Modified on 3/5/2026 (lih). |
| Filing 39 ANSWERING BRIEF in Opposition re #26 MOTION to Expedite re #24 MOTION to Remand to State Court filed by Jay Baumgardner, JB Music Data, LLC.Reply Brief due date per Local Rules is 2/26/2026. (Higgins, James) |
| Filing 38 ANSWERING BRIEF in Opposition re #24 MOTION to Remand to State Court filed by Jay Baumgardner, JB Music Data, LLC.Reply Brief due date per Local Rules is 2/26/2026. (Higgins, James) |
| Filing 37 ANSWERING BRIEF in Opposition re #22 MOTION to Amend First Amended Complaint filed by Jay Baumgardner, JB Music Data, LLC.Reply Brief due date per Local Rules is 2/26/2026. (Higgins, James) Modified on 2/19/2026 (lih). |
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Filing 36
ORAL ORDER- IT IS HEREBY ORDERED that the court shall hear argument re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action on 4/30/2026 at 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at [email protected] by no later than 10:00 AM on 4/29/2026. The Court may choose to resolve the motion prior to the hearing and will, in that event, cancel the hearing. Ordered by Judge Sherry R. Fallon on 2/18/2026. (lih)
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| Filing 35 REQUEST for Oral Argument by Jay Baumgardner, JB Music Data, LLC re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action. (Higgins, James) |
| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #22 through #27 . Counsel is advised to ensure that each document's D.I. number is written in the upper right-hand corner of each courtesy copy. Counsel is also advised that each document must be bound in accordance with Local Rule 7.1.3(a). (lih) |
| Filing 34 REPLY BRIEF re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action filed by Jay Baumgardner, JB Music Data, LLC. (Higgins, James) |
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Filing 33
ORAL ORDER- GRANTING #32 Unopposed MOTION for Extension of Time to file Reply Brief. Signed by Judge Sherry R. Fallon on 2/10/2026. (lih)
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| CORRECTING ENTRY: The text of D.I. numbers #29 , #30 , and #31 has been updated to link the documents to their corresponding filings. Counsel is reminded that if documents are related to others on the docket, they should be linked to the appropriate docket entry at the time of filing. (lih) |
| Filing 32 Unopposed MOTION for Extension of Time to File Reply Brief re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action - filed by Jay Baumgardner, JB Music Data, LLC. Motions referred to Sherry R. Fallon.(lih) |
| Filing 31 7.1.1 Statement re #26 MOTION to Expedite by Aaron Kaufman. (Brown, Glenn) Modified on 2/10/2026 (lih). |
| Filing 30 7.1.1 Statement re #24 MOTION to Remand to State Court by Aaron Kaufman. (Brown, Glenn) Modified on 2/10/2026 (lih). |
| Filing 29 7.1.1 Statement re #22 MOTION to Amend First Amended Complaint by Aaron Kaufman. (Brown, Glenn) Modified on 2/10/2026 (lih). |
| Filing 28 DEFICIENCY NOTICE by the Court issued to the Plaintiff re #22 MOTION to Amend First Amended Complaint for non-compliance with Local Rule 15.1(a) and (b) for failure to attach the proposed amended complaint to the motion. (lih) |
| LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. Upon review of D.I. numbers #22 , #24 , and #26 , the court notes that the averments of counsel are contained within each of the opening briefs for the aforementioned motions. Please file the averment for each of the aforementioned motions using the event code STATEMENT, found under OTHER DOCUMENTS. (lih) |
| CORRECTING ENTRY: The text of D.I. #26 has been modified to link the filing to D.I. #24 . (lih) |
| CORRECTING ENTRY: The document previously filed as D.I. 21 has been removed since a revised version was filed at D.I. #22 . Counsel is advised not to refile documents without first contacting the clerk's office for assistance with any revisions needed. (lih) |
| Filing 27 OPENING BRIEF in Support re #26 MOTION to Expedite filed by Aaron Kaufman.Answering Brief/Response due date per Local Rules is 2/19/2026. (Attachments: #1 Text of Proposed Order)(Brown, Glenn) Modified on 2/6/2026 (lih). |
| Filing 26 MOTION to Expedite re #24 MOTION to Remand to State Court - filed by Aaron Kaufman. Motions referred to Sherry R. Fallon.(Brown, Glenn) Modified on 2/6/2026 (lih). |
| Filing 25 OPENING BRIEF in Support re #24 MOTION to Remand to State Court filed by Aaron Kaufman.Answering Brief/Response due date per Local Rules is 2/19/2026. (Attachments: #1 Text of Proposed Order)(Brown, Glenn) |
| Filing 24 MOTION to Remand to State Court - filed by Aaron Kaufman. Motions referred to Sherry R. Fallon.(Brown, Glenn) |
| Filing 23 OPENING BRIEF in Support re #22 MOTION to Amend First Amended Complaint filed by Aaron Kaufman.Answering Brief/Response due date per Local Rules is 2/19/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Brown, Glenn) Modified on 2/6/2026 (lih). |
| Filing 22 MOTION to Amend First Amended Complaint - filed by Aaron Kaufman. Motions referred to Sherry R. Fallon.(Brown, Glenn) Modified on 2/6/2026 (lih). |
| Filing 20 Letter to Magistrate Judge Sherry R. Fallon from James L. Higgins regarding the status of served defendants and Defendants' Motion to Dismiss. (Higgins, James) Modified on 2/4/2026 (lih). |
| NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #15 . (lih) |
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Filing 19
ORAL ORDER re #16 Motion to Amend; #17 Motion to Expedite; #18 Motion to Remand. IT IS ORDERED that the motion to amend (D.I. 16), the motion to expedite (D.I. 17), and the motion to remand (D.I. 18), are STRICKEN because they are procedurally defective under the District of Delaware Local Rules, which provide that all briefing must conform to the substantive and formatting requirements of D. Del. Local Rules 7.1.2 and 7.1.3 and CM/ECF Procedures. Any nondispositive motions seeking relief from the court, including the motion to amend and the motion to expedite, must also comply with D. Del. Local Rule 7.1.1. The attempts to confer described in Plaintiff's nondispositive motions, which were limited to leaving a voicemail after business hours and filing the motions the following business day, do not demonstrate "that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion." D. Del. LR 7.1.1. Therefore, the motions are hereby stricken from the docket without prejudice to refile in compliance with the Local Rules. Ordered by Judge Sherry R. Fallon on 2/3/2026. (lih)
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| Filing 18 **STRICKEN PER D.I. 19** MOTION to Remand to State Court of Chancery - filed by Aaron Kaufman. Motions referred to Sherry R. Fallon.(Brown, Glenn) Modified on 2/3/2026 (lih). |
| Filing 17 **STRICKEN PER D.I. 19** MOTION to Expedite MOTION to Amend FIRST AMENDED COMPLAINT - filed by Aaron Kaufman. Motions referred to Sherry R. Fallon.(Brown, Glenn) Modified on 2/3/2026 (lih). |
| Filing 16 **STRICKEN PER D.I. 19** MOTION to Amend FIRST AMENDED COMPLAINT - filed by Aaron Kaufman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)Motions referred to Sherry R. Fallon.(Brown, Glenn) Modified on 2/3/2026 (lih). |
| Filing 15 RESPONSE to Motion re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action filed by Aaron Kaufman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Brown, Glenn) |
| Filing 14 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Jay Baumgardner, JB Music Data, LLC. (Higgins, James) |
| Filing 13 DECLARATION of Jay Baumgardner re #10 Opening Brief in Support, by Jay Baumgardner, JB Music Data, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Higgins, James) |
| Filing 12 DECLARATION of Michael W. Parks re #10 Opening Brief in Support, by Jay Baumgardner, JB Music Data, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Higgins, James) |
| CORRECTING ENTRY: The declarations previously attached to D.I. #10 have been removed due to the documents being filed incorrectly. Counsel is advised that declarations must be filed independently, using the appropriate event code, and not as attachments. (lih) |
| Filing 11 NOTICE of Appearance by Glenn A. Brown on behalf of All Plaintiffs (Brown, Glenn) |
| Filing 10 OPENING BRIEF in Support re #9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action filed by Jay Baumgardner, JB Music Data, LLC.Answering Brief/Response due date per Local Rules is 2/13/2026. (Higgins, James) Modified on 2/2/2026 (lih). |
| Filing 9 MOTION to Dismiss for Improper Venue or to Transfer to the Central District of California, or alternatively, to Stay the Action filed by Jay Baumgardner, JB Music Data, LLC. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)Motions referred to Sherry R. Fallon.(Higgins, James) Modified on 2/2/2026 (lih). |
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Filing 8
ORDER- IT IS HEREBY ORDERED that, on or before February 6, 2026: ( 1) Plaintiff shall submit a statement to the court that: (a) identifies those defendants who have not yet been served with the Complaint and sets forth the status of efforts to serve such defendants; (b) identifies those defendants who have been served with the Complaint but have not yet filed an Answer; (c) provides any reason why a Rule 16 conference should not occur within 30 days of the date of its submission (or a statement indicating that such a conference should occur in this time frame); and (d) notes any other pending matters which require judicial action; and 2) Any defendant who elects to do so may submit a statement to the court that identifies any matter as to it that requires judicial attention. Signed by Judge Sherry R. Fallon on 1/30/2026. (lih)
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| Remark: Copy of D.I. #8 mailed to Aaron Kaufman and emailed to the email address listed on the certificate of service attached to D.I. #1 . (lih) |
| Pro Hac Vice Attorney Alan I. Schimmel & Michael W. Parks for Jay Baumgardner added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (slk) |
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon: It is HEREBY ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. Signed by Judge Colm F. Connolly on 1/23/2026. ***Copy mailed to Pro Se Plaintiff*** (mws)
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SO ORDERED, re #3 MOTION for Pro Hac Vice Appearance of Attorney Alan I. Schimmel and Michael W. Parks filed by Jay Baumgardner. Ordered by Judge Colm F. Connolly on 1/21/2026. ***Copy of this docket entry mailed to Pro Se Plaintiff*** (mws)
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| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (alb) |
| Filing 6 APPENDIX re #5 Notice (Other) [Index of Chancery Pleadings] by Jay Baumgardner, JB Music Data, LLC. (Attachments: #1 Index of Chancery Pleadings (2 of 2))(Penezic, Gianna) |
| Filing 5 Amended NOTICE of Removal by Jay Baumgardner, JB Music Data, LLC re #1 Notice of Removal, (Attachments: #1 Certificate of Service)(Penezic, Gianna) |
| Filing 4 Pro Hac Vice Fee - Credit Card Payment received for Alan I. Schimmel and Michael W. Parks. ( re #3 MOTION for Pro Hac Vice Appearance of Attorney Alan I. Schimmel and Michael W. Parks )( Payment of $ 100, receipt number ADEDC-4880572).(Penezic, Gianna) |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Alan I. Schimmel and Michael W. Parks - filed by Jay Baumgardner. (Penezic, Gianna) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Court of Chancery, Case Number 2026-0020-LWW (Filing fee $405, receipt number ADEDC-4879206)- filed by Jay Baumgardner. (Attachments: #1 Exhibits, A-J, #2 Exhibit K, #3 Certificate of Service, #4 Civil Cover Sheet)(jfm) |
| Remark: Magistrate Consent Form with Acknowledgment of Receipt and Privacy Notice mailed to Plaintiff. (jfm) |
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