Lorente-Garcia v. Giraldo-Navarro et al
| Rene Lorente-Garcia and Rene Lorente |
| Sony Music Publishing doing business as Sony/ATV Tunes LLC, Corporation Doe 1, Jonas David Kroper, Insurance Company A, Warner Bros. Records Inc., Tijs Michiel Verwest, Corporation Doe 2, John Doe 1, Teemu Brunila, Tiesto, Kobalt Music Group Limited doing business as Kobalt Songs Music Publishing, Carolina Giraldo-Navarro, Atlantic Records doing business as Atlantic Recording Corporation, Yoshi Breen and Karol G |
| 1:2024cv23066 |
| August 12, 2024 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Copyright |
| 17 U.S.C. § 0101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 40 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Complaint) (jua) |
| Filing 39 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (jua) |
| Filing 38 Case transferred in from Puerto Rico; Case Number 3:23-cv-01443. Electronic file including transfer order and docket sheet received. .(jua). |
Filing 37
MEMORANDUM AND ORDER re: #19 "Defendants' Joint Motion to Dismiss Plaintiff's Complaint or, in the Alternative, Transfer Venue." See attached. Defendants' request to transfer venue is GRANTED, and the remainder of the relief sought in in the motion, DENIED WITHOUT PREJUDICE. The case should be transferred to the United States District Court for the Southern District of Florida. Signed by Judge Pedro A. Delgado-Hernandez on 8/12/2024. (AEM)
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| Filing 36 RESPONSE to Motion filed by All Plaintiffs Re: #35 MOTION Submitting supplemental authority in support of Defendants' Motion to Dismiss filed by Carolina Giraldo-Navarro, Sony Music Publishing, Teemu Brunila, Warner Bros. Records Inc., Yoshi Breen, Kobalt Music Group Limited, Tijs Michiel Verwest, Jonas David Kroper, Atlantic Records filed by All Plaintiffs. (Attachments: #1 Exhibit June 18 2024 Opinion from First Circuit Court)(Cobo-Estrella, Humberto) Modified on 7/3/2024 to edit event title (mcm). |
| Filing 35 MOTION Submitting supplemental authority in support of Defendants' Motion to Dismiss filed by Maria E. Martinez-Casado on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc.. Responses due by 7/8/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - Greene v. Warner Music Group et al.)(Martinez-Casado, Maria) |
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Filing 34
ORDER: Denying #33 "Motion for Leave to File Response (or, in the Alternative, to Strike) Plaintiff's Improper Surreply (Docket No. 32)." Signed by Judge Pedro A. Delgado-Hernandez on 5/29/2024. (AEM)
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| Filing 33 MOTION to Strike Re: #32 SURReply to Motion,, filed by Rene Lorente-Garcia, MOTION for Leave to File Document or in the alternative, leave to file response filed by Maria E. Martinez-Casado on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Responses due by 6/7/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #32 ) (Martinez-Casado, Maria) |
| Filing 32 SURREPLY to Motion filed by All Plaintiffs Re: #19 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs MOTION to Dismiss for Failure to State a Claim , and for improper venue, or, in the alternative, to transfer venue filed by Carolina Giraldo-Navarro, Sony Music Publishing, Teemu Brunila, Warner Bros. Records Inc., Yoshi Breen, Kobalt Music Group Limited, Tijs Michiel Verwest, Jonas David Kroper, Atlantic Records filed by All Plaintiffs. (Attachments: #1 Exhibit Complaint Colon v Blades, #2 Exhibit Puerto Rico Registry, #3 Exhibit Billboard Magazine News Report)(Cobo-Estrella, Humberto) |
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Filing 31
ORDER: Denying #30 "Plaintiff's Motion to Strike 'Reply Memorandum' (Dkt. #29)." The request to strike is denied. If plaintiff wishes to surreply he may do so not later than May 17, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 5/7/2024. (FAR)
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| Filing 30 MOTION to Strike Defendants' Reply Memorandum Re: #29 Reply to Motion,,, filed by Carolina Giraldo-Navarro, Sony Music Publishing, Teemu Brunila, Warner Bros. Records Inc., Yoshi Breen, Kobalt Music Group Limited, Tijs Michiel Verwest, Jonas David Kroper, Atlantic Records filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 5/21/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #29 ) (Cobo-Estrella, Humberto) |
| Filing 29 REPLY to Motion filed by Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Re: #19 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs MOTION to Dismiss for Failure to State a Claim , and for improper venue, or, in the alternative, to transfer venue filed by Carolina Giraldo-Navarro, Sony Music Publishing, Teemu Brunila, Warner Bros. Records Inc., Yoshi Breen, Kobalt Music Group Limited, Tijs Michiel Verwest, Jonas David Kroper, Atlantic Records filed by Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc.. (Martinez-Casado, Maria) |
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Filing 28
ORDER: Granting #27 "Motion for Leave to File Reply...." Reply due April 30, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 4/12/2024. (FAR)
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| Filing 27 MOTION for Leave to File Document Reply to Plaintiffs' Opposition to Motion to Dismiss, MOTION for Extension of Time until April 30, 2024 to File Response/Reply as to #26 Memorandum in Opposition,,, filed by Rene Lorente-Garcia filed by Maria E. Martinez-Casado on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Responses due by 4/25/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #26 ) (Martinez-Casado, Maria) |
| Filing 26 MEMORANDUM in Opposition filed by All Plaintiffs Re: 25 Order on Motion for Extension of Time to File Response/Reply, #19 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs MOTION to Dismiss for Failure to State a Claim , and for improper venue, or, in the alternative, to transfer venue filed by Carolina Giraldo-Navarro, Sony Music Publishing, Teemu Brunila, Warner Bros. Records Inc., Yoshi Breen, Kobalt Music Group Limited, Tijs Michiel Verwest, Jonas David Kroper, Atlantic Records filed by All Plaintiffs. (Attachments: #1 Exhibit Sworn Statement of Record Purchase in Puerto Rico by Wilfredo Mercado, #2 Exhibit Sworn Statement of Record Purchase within Puerto Rico by Gerardo Ferrao)(Cobo-Estrella, Humberto) |
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Filing 25
ORDER: Granting #24 "Plaintiff's Motion for Extension to File Opposition to Dispositive Motion." Response due April 9, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 3/20/2024. (FAR)
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| Filing 24 MOTION for Extension of Time until 04/09/2024 to File Response/Reply as to #19 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs MOTION to Dismiss for Failure to State a Claim , and for improper venue, or, in the alternative, to transfer venue filed by Carolina Giraldo-Navarro, Sony Music Publishing, Teemu Brunila, Warner Bros. Records Inc., Yoshi Breen, Kobalt Music Group Limited, Tijs Michiel Verwest, Jonas David Kroper, Atlantic Records, 23 Order filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 4/3/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #19 , 23 ) (Cobo-Estrella, Humberto) |
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Filing 23
ORDER re: #19 "Defendants' Joint Motion to Dismiss." Plaintiff shall respond not later than March 20, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 2/29/2024.(FAR)
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| Filing 22 NOTICE of Appearance by Benjamin Stewart Akley on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. (Akley, Benjamin) |
| Filing 21 NOTICE of Appearance by James G. Sammataro on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. (Sammataro, James) |
| Filing 20 NOTICE of Appearance by Donald S. Zakarin on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. (Zakarin, Donald) |
| Filing 19 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs, MOTION to Dismiss for Failure to State a Claim , and for improper venue, or, in the alternative, to transfer venue filed by Maria E. Martinez-Casado on behalf of Yoshi Breen, Tijs Michiel Verwest, Atlantic Records, Sony Music Publishing, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Teemu Brunila, Warner Bros. Records Inc., Jonas David Kroper Responses due by 3/13/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Declaration of Donald S. Zakarin, #2 Exhibit Ex. 1 - Complaint, #3 Exhibit Ex. 2 - Brunila Declaration, #4 Exhibit Ex. 3 - Kroper Declaration, #5 Exhibit Ex. 4 - Breen Declaration, #6 Exhibit Ex. 5 - Verwest Declaration, #7 Exhibit Ex. 6 - Giraldo Navarro Declaration, #8 Exhibit Ex. 7 - Esworthy Declaration, #9 Exhibit Ex. 8 - Arnay Declaration, #10 Exhibit Ex. 9 - Monahan Declaration)(Martinez-Casado, Maria) |
| Filing 18 Corporate Disclosure Statement byAtlantic Records, Kobalt Music Group Limited, Sony Music Publishing, Warner Bros. Records Inc.. (Martinez-Casado, Maria) |
| Filing 17 NOTICE TO PRO HAC VICE Benjamin Akley, James Sammataro and Donald S. Zakarin re: 16 Order: The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (mcm) |
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Filing 16
ORDER: Granting #13 , #14 and #15 "Application and Order for Admission Pro Hac Vice." The Clerk shall deposit the admission fees in the court's account of non-appropriated funds. Signed by Judge Pedro A. Delgado-Hernandez on 2/13/2024. (AEM)
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| Filing 15 Motion to allow Donald Zakarin to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8549893) filed by Maria Dolores Trelles-Hernandez on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Responses due by 2/23/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
| Filing 14 Motion to allow James Sammataro to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8549892) filed by Maria Dolores Trelles-Hernandez on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Responses due by 2/23/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
| Filing 13 Motion to allow Benjamin Akley to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8549887) filed by Maria Dolores Trelles-Hernandez on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Responses due by 2/23/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Trelles-Hernandez, Maria) |
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Filing 12
ORDER: Granting #11 "Motion for Extension of Time to Answer or Otherwise Plead." Defendants shall answer the complaint or otherwise plead not later than February 28, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 1/26/2024. (AEM)
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| Filing 11 MOTION for Extension of Time until February 28, 2024 to File Answer or Otherwise Plead filed by Maria E. Martinez-Casado on behalf of Atlantic Records, Yoshi Breen, Teemu Brunila, Carolina Giraldo-Navarro, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc. Responses due by 2/9/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Martinez-Casado, Maria) |
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Filing 10
ORDER: Noting #9 "Plaintiff's Motion in Compliance with Summons by Publication." Signed by Judge Pedro A. Delgado-Hernandez on 1/8/2024. (AEM)
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| Filing 9 Motion In Compliance as to 6 Order,,,, Terminate Motions,,, filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 1/22/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Proof of Service by Publication, #2 Exhibit Proof of Service by Publicatoin and Certified Mail Notice)(Related document(s) 6 ) (Cobo-Estrella, Humberto) |
| Filing 8 Summons by Publication as to Atlantic Records, Yoshi Breen, Teemu Brunila, Corporation Doe 1, Corporation Doe 2, John Doe 1, Carolina Giraldo-Navarro, Insurance Company A, Kobalt Music Group Limited, Jonas David Kroper, Sony Music Publishing, Tijs Michiel Verwest, Warner Bros. Records Inc.. (ad) |
| Filing 7 NOTICE of Filing Exhibits Summons for Service by Publication re 6 Order, Terminate Motions, (Attachments: #1 Summons Atlantic Kobalt, #2 Summons Atlantic Record, #3 Summons Atlantic Sony, #4 Summons Breen, #5 Summons Brunilla, #6 Summons Karol G, #7 Summons Kroper, #8 Summons Tiesto, #9 Summons Warner) (Cobo-Estrella, Humberto) Modified on 12/18/2023 to edit docket title (mcm). |
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Filing 6
ORDER: Noting and granting in part #3 "Plaintiff's Motion to Request for Extension and/or Time to Request Service of Process by Publication" and #5 "Plaintiff's Motion in Compliance and Request for Extension and/or Service of Process by Publication on Defendants." Having examined plaintiff's motion, and it appearing that the named defendants are not residents of and/or do not have resident agents in Puerto Rico, the court authorizes service by publication as to those defendants in strict compliance with Rule 4.6 of the Puerto Rico Rules of Civil Procedure, as made applicable by Fed. R. Civ. P. 4(e)(1). Service by publication shall be completed by January 8, 2024, and plaintiff shall certify compliance by that same date. Signed by Judge Pedro A. Delgado-Hernandez on 12/4/2023. (AEM)
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| Filing 5 Motion In Compliance as to 4 Order,,,, filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 12/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit Sworn Statement in Support of Service by Publication and Compliance)(Related document(s) 4 ) (Cobo-Estrella, Humberto) |
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Filing 4
ORDER re: #3 "Plaintiff's Motion to Request for Extension and/or Time to Request Service of Process by Publication." The record shows that plaintiff has not filed summons nor requested the issuance of summons as to any of the defendants. Therefore, not later than December 1, 2023, plaintiff shall supplement the motion at Docket No. 3, identifying and explaining the specific diligences carried out to "effectuate personal service of process" (Docket No. 3, par. 2) on each one the nine named defendants, and discussing, with reference to relevant legal authorities and case law arising out of analogous factual settings in which a similar motion was granted, how such diligences amount to good cause to justify the extension sought. Alternatively, by that date, plaintiff may opt to voluntarily dismiss the complaint without prejudice under Fed. R. Civ. P. 41(a). Plaintiff is forewarned that failure to submit the supplemental motion in strict compliance with the terms of this order may result in dismissal of the complaint without prejudice. See, Fed. R. Civ. P. 4(m). Signed by Judge Pedro A. Delgado-Hernandez on 11/29/2023. (AEM)
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| Filing 3 MOTION for extension of time until 01/26/2024 to Service of Process (Out-of-State Defendants) filed by Humberto F. Cobo-Estrella on behalf of All Plaintiffs Responses due by 12/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cobo-Estrella, Humberto) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Pedro A. Delgado-Hernandez. (vdm) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number APRDC-8352156.), filed by Rene Lorente-Garcia. Service due by 11/27/2023, (Attachments: #1 Category Sheet Category Sheet, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Exhibit A Copyright Registration, #4 Exhibit Copyright Infringement Notice, #5 Exhibit Plaintiff's Expert Witness Report)(Cobo-Estrella, Humberto) |
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