Finch v. EMI Consortium Songs, Inc. et al
| Richard R. Finch |
| EMI Consortium Songs, Inc. d/b/a EMI Longitude Music, Harry Wayne Casey, Harrick Music, Inc. and EMI Consortium Songs, Inc. a New York corporation doing business as EMI Longitude Music |
| 1:2022cv20144 |
| January 11, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Copyright |
| 17 U.S.C. § 0101 Copyright Infringement |
| None |
Docket Report
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Filing 37
PAPERLESS ORDER granting #35 Motion for Leave to Appear Telephonically. Any counsel affiliated with the parties or counsel of record may observe the hearing telephonically by contacting the courtroom deputy (305-523-5297) in advance of the hearing. Members of the public or press may personally observe the proceedings in the courtroom. Signed by Ch. Magistrate Judge Edwin G. Torres on 4/12/2022. (EGT)
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Filing 36
SCHEDULING ORDER Setting Civil Trial Date, and Pretrial Schedule: ( Trial set for 1/17/2023 in Miami Division before Judge Darrin P. Gayles., Telephonic Calendar Call set for 1/11/2023 at 9:30 AM in Miami Division before Judge Darrin P. Gayles., Telephonic Status Conference set for 11/2/2022 at 10:00 AM in Miami Division before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/14/2022.), ORDER REFERRING CASE to Chief Magistrate Judge Edwin G. Torres for Discovery Matters.. Signed by Judge Darrin P. Gayles on 4/11/2022. See attached document for full details. (pes) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 35
MOTION for Leave to Appear at April 21, 2022 (2:30 p.m.) hearing on Defendant's Motion to Dismiss [ECF 12] . Attorney/Representative: Evan Cohen, Esq. by Richard R. Finch. Responses due by 4/22/2022 (Attachments: #1 Exhibit 4-7-22 Local Rule 7.1(a)(3) email thread)(Nelles, Matthew)
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Filing 34
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Certificate of Interested Parties by Richard R. Finch (Nelles, Matthew)
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Filing 33
Certificate of Other Affiliates/Corporate Disclosure Statement by Harry Wayne Casey, Harrick Music, Inc. identifying Other Affiliate Savina A Barnsley for Harrick Music, Inc. (Zemel, Franklin)
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Filing 32
Joint SCHEDULING REPORT - Rule 26(f) by Richard R. Finch (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Nelles, Matthew)
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Filing 31
PAPERLESS ORDER Setting Hearing on #12 Defendant's MOTION to Dismiss #1 Complaint: A Motion Hearing is set for 4/21/2022 at 02:30 PM before Ch. Magistrate Judge Edwin G. Torres. This hearing will take place in person at the United States Courthouse, James Lawrence King Building, Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. (jfz)
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Filing 30
CASE AND MOTION REFERRED to Ch. Magistrate Judge Edwin G. Torres per DE 29 . (pes)
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Filing 29
PAPERLESS ORDER REFERRING CASE to Chief Magistrate Judge Edwin G. Torres for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. Referring Defendants', Harrick Music, Inc. and Harry Wayne Casey, #12 Motion to Dismiss Plaintiff's Complaint for a report and recommendation. Signed by Judge Darrin P. Gayles on 3/29/2022. (jsi)
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Filing 28
PAPERLESS ORDER granting Plaintiff's #26 Motion to Extend Time to File Joint Scheduling Report.Pursuant to S.D. Fla. Local Rule 16.1, on or before April 1, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 3/29/2022. (jsi)
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Filing 27
PAPERLESS ORDER granting Plaintiff's #25 Unopposed Motion to Approve Stipulation for Substitution of Counsel. Attorneys Matthew S. Nelles and E. Adriana Kostencki of Nelles Kostencki, PLLC are substituted as counsel for Plaintiff Richard R. Finch. Attorneys Eleanor T. Barnett and Marlon J. Weiss of Armstrong Teasdale, LLP, and Evan S. Cohen of Cohen Music Law are terminated as counsel for Plaintiff Richard R. Finch and withdrawn from this matter. Signed by Judge Darrin P. Gayles on 3/29/2022. (jsi)
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Filing 26
MOTION for Extension of Time to File Joint Scheduling Report re 20 Order on Motion for Extension of Time, by Richard R. Finch. Responses due by 4/8/2022 (Nelles, Matthew)
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Filing 25
STIPULATED MOTION for Substitution of Counsel. Substituting Matthew S. Nelles, Esq. and E. Adriana Kostencki, Esq. for Marlon J. Weiss, Esq., Eleanor T. Barnett, Esq. and Evan S. Cohen, Esq. (unopposed Motion to Approve [DE 24]) by Richard R. Finch. Responses due by 4/8/2022 (Nelles, Matthew)
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Filing 24
NOTICE/STIPULATION of Substitution of Counsel by Matthew Scott Nelles on behalf of Richard R. Finch instead of prior counsel of record Eleanor T. Barnett, Esq., Marlon J. Weiss, Esq., and Evan S. Cohen, Esq. . Attorney Matthew Scott Nelles added to party Richard R. Finch(pty:pla). (Attachments: #1 Text of Proposed Order) (Nelles, Matthew)
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Filing 23
Defendant's REPLY to Response to Motion re #12 Defendant's MOTION to Dismiss #1 Complaint, filed by Harry Wayne Casey, Harrick Music, Inc.. (Zemel, Franklin)
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Filing 22
NOTICE of Attorney Appearance by Alan Richard Poppe on behalf of Harry Wayne Casey, Harrick Music, Inc.. Attorney Alan Richard Poppe added to party Harry Wayne Casey(pty:dft), Attorney Alan Richard Poppe added to party Harrick Music, Inc.(pty:dft). (Poppe, Alan)
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Filing 21
NOTICE of Attorney Appearance by Ariel Rebecca Deray on behalf of Harry Wayne Casey, Harrick Music, Inc.. Attorney Ariel Rebecca Deray added to party Harry Wayne Casey(pty:dft), Attorney Ariel Rebecca Deray added to party Harrick Music, Inc.(pty:dft). (Deray, Ariel)
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Filing 20
PAPERLESS ORDER granting Plaintiff's #18 Unopposed Motion for Extension of Time to File the Joint Scheduling Report and Proposed Scheduling Order. The parties shall their Joint Scheduling Report and Proposed Scheduling Order within ten (10) days of Plaintiff serving his initial disclosures to Defendants. Signed by Judge Darrin P. Gayles on 3/3/2022. (jsi)
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Filing 19
PAPERLESS ORDER granting Defendants', Harrick Music, Inc. and Harry Wayne Casey, #17 Motion for Enlargement of Time to File Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss. Defendants shall file their Reply in support of their #12 Motion to Dismiss Plaintiff's Complaint on or before March 4, 2022. Signed by Judge Darrin P. Gayles on 3/3/2022. (jsi)
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Filing 18
Unopposed MOTION for Extension of Time to File Joint Scheduling Report and Proposed Scheduling Order re #13 Order Requiring Joint Scheduling Report,,, by Richard R. Finch. Responses due by 3/16/2022 (Barnett, Eleanor)
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Filing 17
Defendant's MOTION for Extension of Time TO FILE REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS re #14 Response in Opposition to Motion by Harry Wayne Casey, Harrick Music, Inc.. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Zemel, Franklin)
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Filing 16
PAPERLESS ORDER DISMISSING PARTY WITH PREJUDICE as to Defendant EMI Consortium Songs, Inc. only pursuant to Plaintiff's #15 Notice of Voluntary Dismissal. Signed by Judge Darrin P. Gayles on 2/23/2022. (jsi)
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Filing 15
NOTICE of Voluntary Dismissal with Prejudice by Richard R. Finch (Barnett, Eleanor)
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Filing 14
RESPONSE in Opposition re #12 Defendant's MOTION to Dismiss #1 Complaint, filed by Richard R. Finch. Replies due by 3/2/2022. (Attachments: #1 Exhibit Exhibit A)(Barnett, Eleanor)
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Filing 13
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before March 2, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 2/10/2022. (jsi)
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Filing 12
Defendant's MOTION to Dismiss #1 Complaint, by Harry Wayne Casey, Harrick Music, Inc.. Attorney Franklin Lewis Zemel added to party Harry Wayne Casey(pty:dft), Attorney Franklin Lewis Zemel added to party Harrick Music, Inc.(pty:dft). Responses due by 2/23/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Zemel, Franklin)
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Filing 11
NOTICE of Change of Law Firm Name and Designation of E-Mail Addresses of Counsel For Plaintiff Richard R. Finch by Eleanor Trotman Barnett (Barnett, Eleanor) Modified text on 2/3/2022 (kpe).
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Filing 10
WAIVER OF SERVICE Returned Executed by Richard R. Finch. EMI Consortium Songs, Inc. waiver sent on 1/18/2022, response/answer due 3/21/2022. (Attachments: #1 Summon(s) EMI Consortium Songs, Inc.)(Barnett, Eleanor)
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Filing 9
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Richard R. Finch. Harrick Music, Inc. served on 1/19/2022, response/answer due 2/9/2022. (Barnett, Eleanor)
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Filing 8
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Richard R. Finch. Harry Wayne Casey served on 1/19/2022, response/answer due 2/9/2022. (Barnett, Eleanor)
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Filing 7
Notice of Pending, Refiled, Related or Similar Actions by Richard R. Finch (Barnett, Eleanor)
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Filing 6
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/12/2022. (jsi)
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Filing 5
Bar Letter re: Admissions sent to attorney Evan S. Cohen, mailing date January 12, 2022, (pt)
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Filing 4
Summons Issued as to Harry Wayne Casey, EMI Consortium Songs, Inc., Harrick Music, Inc.. (kpe)
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Filing 3
FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (kpe)
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Filing 2
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe)
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Filing 1
COMPLAINT for Declaratory Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15310125, filed by Richard R. Finch. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) EMI Consortium Songs, Inc., #3 Summon(s) Harry Wayne Casey, #4 Summon(s) Harrick Music, Inc., #5 Exhibit Exhibit A, #6 Exhibit Exhibit B, #7 Exhibit Exhibit C, #8 Exhibit Exhibit D)(Barnett, Eleanor)
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