Broadcast Music, Inc. et al v. MBRATTA Enterprises, Inc. et al
| Broadcast Music, Inc., Harrick Music, Inc., EMI Virgin Songs, Inc. doing business as EMI Longitude Music, Welsh Witch Music, Coral Reefer Music, Sony/ATV Songs LLC doing business as Sony/ATV Acuff Rose Music, R-Key Darkus Publishing, Orbi-Lee Publishing and Barbara Orbison Music Company |
| MBRATTA Enterprises, Inc. doing business as Bratta's Piano Bar & Ristorante and Michael L. Bratta, Sr. |
| 2:2014cv00125 |
| March 4, 2014 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| XX Outside US |
| Carol Mirando |
| John E Steele |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on February 10, 2016. A more recent docket listing may be available from PACER.
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Filing 49
DEFAULT JUDGMENT (Signed by Deputy Clerk) (drn)
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Filing 48
ORDER granting #45 Motion for Final Default Judgment and the Clerk shall enter judgment permanently enjoining and restraining defendants as set forth in the Order; awarding plaintiffs statutory damages in the amount of $25,000; and awarding plaintiffs attorney's fees in the amount of $6,850.00, plus $535.00 in costs. The Clerk shall further terminate all deadlines and close the case. Signed by Judge John E. Steele on 2/8/2016. (RKR)
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Filing 47
NOTICE by Barbara Orbison Music Company, Broadcast Music, Inc., Coral Reefer Music, EMI Virgin Songs, Inc., Harrick Music, Inc., Orbi-Lee Publishing, R-Key Darkus Publishing, Sony/ATV Songs LLC, Welsh Witch Music re #45 MOTION for default judgment against All Defendants (Messa, Zachary)
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Filing 46
NOTICE canceling Final Pretrial Conference scheduled for September 21, 2015, and trial term in light of #44 Clerk's Entry of Default. (RKR)
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Filing 45
MOTION for default judgment against All Defendants by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Messa, Zachary)
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Mail returned as Undeliverable - attempted not known - unable to forward re: #44 Clerk's Entry of Default, #43 Order on Motion for Sanctions Order on Report and Recommendations. Mail not resent to MBRATTA Enterprises, Inc. (drn)
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Mail returned as Undeliverable - moved left no address - unable to forward re: #44 Clerk's Entry of Default, #43 Order on Motion for Sanctions Order on Report and Recommendations. Mail not resent to MIchael Bratta, Sr. (drn)
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Filing 44
CLERK'S ENTRY OF DEFAULT as to Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. (drn)
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Filing 43
OPINION AND ORDER granting #39 Motion for Sanctions and Entry of Default; adopting and incorporating #41 Report and Recommendations; striking #19 Answer and Affirmative Defenses (the Clerk shall make a notation on the docket). The Clerk shall enter defaults against defendants and plaintiffs shall timely move for a default judgment within 60 days of the entry of the defaults. Signed by Judge John E. Steele on 6/16/2015. (RKR)
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Mail returned as Undeliverable - attempted not known - unable to forward re: 42 Order on motion to extend time. Mail not resent to MBRATTA Enterprises, Inc. (drn)
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Mail returned as Undeliverable - unable to forward - return to sender re: 42 Order on motion to extend time. Mail not resent to Michael Bratta, Sr. (drn)
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Mail returned as Undeliverable - return to sender - not deliverable as addressed re: #41 Report and Recommendations. Mail not resent to Michael Bratta, Sr. (drn)
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Mail returned as Undeliverable - return to sender - not deliverable as addressed re: #41 Report and Recommendations. Mail not resent to MBRATTA Enterprises, Inc. (drn)
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Filing 42
ENDORSED ORDER granting #40 Plaintiffs' Motion for Extension of the Dispositive Motion Filing Deadline. For good cause shown, the parties shall have up to and including June 22, 2015 to file their dispositive motions. Signed by Magistrate Judge Carol Mirando on 5/22/2015. (ANW)
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Filing 41
REPORT AND RECOMMENDATION re #39 Motion for Sanctions and Entry of Default Against Mbratta Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante and Michael L. Bratta Sr. recommending that the Court grant Plaintiffs' motion; ORDER denying as moot #36 Motion for Entry of Default Against MBratta Enterprises, Inc. d/b/a/ Bratta's Piano Bar & Ristorante. Signed by Magistrate Judge Carol Mirando on 5/21/2015. (ANW)
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Filing 40
MOTION to extend time to the Dispositive Motion Filing Deadline by All Plaintiffs. (Messa, Zachary) Motions referred to Magistrate Judge Carol Mirando.
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Filing 39
MOTION for sanctions and Entry of Default Against Mbratta Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante and Michael L. Bratta Sr. by All Plaintiffs. (Messa, Zachary)
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Filing 38
ORDER taking under advisement #36 Plaintiffs' Motion for Default Against Defendant Mbratta Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante. Defendant Mbratta Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante has up to and including April 14, 2015 to retain new counsel; granting #37 Plaintiffs' Motion to Compel. Defendant Michael L. Bratta is ordered to contact Plaintiffs' Counsel by April 10, 2015 to schedule mediation. The mediation deadline is extended until May 1, 2015. Signed by Magistrate Judge Carol Mirando on 4/1/2015. (ANW)
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Filing 37
MOTION to Compel Michael L. Bratta Sr. to Schedule Mediation per the Court's January 27, 2015 Order by All Plaintiffs. (Attachments: #1 Exhibit 1)(Messa, Zachary) Motions referred to Magistrate Judge Carol Mirando.
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Filing 36
MOTION for default Against MBRATTA Enterprises, Inc. d/b/a Bratta's Piano Bar & Ristorante re #35 Order on Motion to Withdraw by All Plaintiffs. (Messa, Zachary) Motions referred to Magistrate Judge Carol Mirando.
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Mail returned as Undeliverable - return to sender - unable to forward re: #35 Order on Motion to Withdraw. Mail not resent to MBRATTA Enterprises, Inc. (drn)
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Filing 35
ORDER granting #34 Defendants' Amended Motion to Withdraw as Counsel of Record for Defendants. Attorneys Michael E. Chionopoulos and Paul E.Liles of Absolute Law, PA are relieved from all further responsibility in this matter. The Clerk is directed to terminate Chionopoulos and Liles as counsel of record for Defendants and remove them from all further notices of electronic filing in this matter. The Clerk is further directed to indicate on the docket sheet that Defendant Michael L. Bratta, Sr. is proceeding pro se and shall forward all future filings to him at 12984 S. Cleveland Ave., Fort Myers, Florida, 33907. Defendant Mbratta shall have up to and including February 25, 2015, to retain new counsel. The mediation deadline is extended to March 31, 2015. Signed by Magistrate Judge Carol Mirando on 1/27/2015. (BLW)
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Filing 34
AMENDED MOTION to Withdraw as Counsel of Record for the Defendants by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc.. (Liles, Paul) Modified on 1/14/2015 to edit docket text and filing event (drn).
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Filing 33
ORDER denying without prejudice #32 Motion to Withdraw as Counsel for Defendants. Signed by Magistrate Judge Carol Mirando on 1/13/2015. (BLW)
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Filing 32
MOTION for Paul E. Liles to withdraw as attorney by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc.. (Liles, Paul) Motions referred to Magistrate Judge Carol Mirando.
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Filing 31
ORDER granting #26 Defendant MBratta Enterprises, Inc.'s Motion for Leave to File Responses to Plaintiffs' First Request for Admissions Out of Time. Signed by Magistrate Judge Carol Mirando on 11/14/2014. (BLW)
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Filing 30
RESPONSE in Opposition re #26 First MOTION for leave to file Motion for Leave to File Response to Request for Admissions filed by Broadcast Music, Inc.. (Messa, Zachary)
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Filing 29
ORDER denying as moot #23 Plaintiffs' Motion to Compel. Signed by Magistrate Judge Carol Mirando on 10/31/2014. (BLW)
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Filing 28
NOTICE by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. of Service of Defendants' Response to Plaintiffs' First Request for Admissions (Liles, Paul)
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Filing 27
ORDER re #23 Plaintiffs' Motion to Compel. On or before October 24, 2014, Plaintiffs are directed to inform the Court whether the Motion to Compel is moot. Signed by Magistrate Judge Carol Mirando on 10/23/2014. (BLW)
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Filing 26
First MOTION for leave to file Motion for Leave to File Response to Request for Admissions by Michael L. Bratta, Sr. (Liles, Paul)
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Filing 25
NOTICE by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. of Service of Defendants' Response to Plaintiffs' First Request for Production of Documents (Liles, Paul)
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Filing 24
NOTICE by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. of Service of Defendants' Responses to Plaintiff's First Set of Interrogatories (Liles, Paul)
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Filing 23
MOTION to Compel by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Messa, Zachary) Motions referred to Magistrate Judge Carol Mirando.
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Filing 22
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 9/21/2015 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Bench Trial set for trial term commencing 10/5/2015 before Judge John E. Steele. Conduct mediation hearing by 2/20/2015. Lead counsel to coordinate dates. Signed by Judge John E. Steele on 7/11/2014. (BMA)
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Filing 21
CASE MANAGEMENT REPORT. (Messa, Zachary)
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Filing 20
CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order, #9 Interested persons order by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. identifying Corporate Parent MBRATTA Enterprises, Inc. for MBRATTA Enterprises, Inc., Michael L. Bratta Sr... (Liles, Paul)
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Filing 19
Defendants' ANSWER and affirmative defenses to #1 Complaint by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc..(Liles, Paul) Modified on 6/16/2015. Pleading stricken per Order #43 (drn).
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Filing 18
ENDORSED ORDER granting #17 Unopposed Motion to Appear by Telephone to Conduct Rule 26(f) Conference. The parties may conduct the conference telephonically. Signed by Magistrate Judge Carol Mirando on 6/12/2014. (BLW)
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Filing 17
Unopposed MOTION to Appear Telephonically to Conduct Rule 26(f) Conference by Barbara Orbison Music Company, Broadcast Music, Inc., Coral Reefer Music, EMI Virgin Songs, Inc., Harrick Music, Inc., Orbi-Lee Publishing, R-Key Darkus Publishing, Sony/ATV Songs LLC, Welsh Witch Music. (Messa, Zachary) Motions referred to Magistrate Judge Carol Mirando.
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Filing 16
ORDER granting #15 Defendants' Unopposed Motion for Leave to File Amended Answer and to File Answer Out of Time; denying as moot #12 Plaintiffs' Motion for Rule 55(a) Default Against Defendant MBratta Enterprises, Inc. d/b/a Bratta's Bar & Ristorante and Defendant Michael L. Bratta, Sr. Defendants shall have up to and including June 13, 2014 to file a response to Plaintiffs' Complaint. Signed by Magistrate Judge Carol Mirando on 6/3/2014. (BLW)
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Filing 15
Unopposed MOTION for Extension of Time to File Answer by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc.. (Liles, Paul) Motions referred to Magistrate Judge Carol Mirando.
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Filing 14
NOTICE by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. of appearance of co-counsel (Liles, Paul)
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Filing 13
NOTICE of Appearance by Michael E. Chionopoulos on behalf of Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. (Chionopoulos, Michael)
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Filing 12
MOTION for entry of clerk's default against Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. by Barbara Orbison Music Company, Welsh Witch Music, R-Key Darkus Publishing, EMI Virgin Songs, Inc., Sony/ATV Songs LLC, Coral Reefer Music, Broadcast Music, Inc., Harrick Music, Inc., Orbi-Lee Publishing. (Attachments: #1 Exhibit 1)(Messa, Zachary) Motions referred to Magistrate Judge Carol Mirando.
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Filing 11
RETURN of service executed on March 24, 2014 by Barbara Orbison Music Company, Welsh Witch Music, R-Key Darkus Publishing, EMI Virgin Songs, Inc., Sony/ATV Songs LLC, Coral Reefer Music, Broadcast Music, Inc., Harrick Music, Inc., Orbi-Lee Publishing as to Michael L. Bratta, Sr. (Messa, Zachary)
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Filing 10
RETURN of service executed on March 17, 2014 by Barbara Orbison Music Company, Welsh Witch Music, R-Key Darkus Publishing, EMI Virgin Songs, Inc., Sony/ATV Songs LLC, Coral Reefer Music, Broadcast Music, Inc., Harrick Music, Inc., Orbi-Lee Publishing as to MBRATTA Enterprises, Inc.. (Messa, Zachary)
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Filing 9
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 5/21/2014 as to Michael L. Bratts, Sr. and MBRATTA Enterprises, Inc. Signed by All Divisional Judges on 5/7/2014. (RMT)
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Filing 8
RESPONSE re #1 Complaint filed by Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. (Attachments: #1 Mailing Envelope)(RMT)
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Filing 7
NOTICE of pendency of related cases per Local Rule 1.04(d) by Barbara Orbison Music Company, Broadcast Music, Inc., Coral Reefer Music, EMI Virgin Songs, Inc., Harrick Music, Inc., Orbi-Lee Publishing, R-Key Darkus Publishing, Sony/ATV Songs LLC, Welsh Witch Music. Related case(s): Yes (Messa, Zachary)
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Filing 6
CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Barbara Orbison Music Company, Broadcast Music, Inc., Coral Reefer Music, EMI Virgin Songs, Inc., Harrick Music, Inc., Orbi-Lee Publishing, R-Key Darkus Publishing, Sony/ATV Songs LLC, Welsh Witch Music. (Messa, Zachary)
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Filing 5
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/24/2014. Signed by All Divisional Judges on 3/10/2014. (laf)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/24/2014. Signed by Judge John E. Steele on 3/10/2014. (laf)
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Filing 3
STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 3/5/2014. (RMT)
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Filing 2
SUMMONS issued as to Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. (RMT)
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Filing 1
COMPLAINT against Michael L. Bratta, Sr, MBRATTA Enterprises, Inc. (Filing fee $ 400 receipt number FTM005849) filed by Barbara Orbison Music Company, Welsh Witch Music, R-Key Darkus Publishing, EMI Virgin Songs, Inc., Sony/ATV Songs LLC, Coral Reefer Music, Broadcast Music, Inc., Harrick Music, Inc., Orbi-Lee Publishing. (Attachments: #1 Civil Cover Sheet)(RMT)
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