Mitchell v. Northside Partners et al
| Leroy Phillip Mitchell, Leroy Phillip Mitchell also known as Prince Phillip Mitchell doing business as Hot Stuff Publishing Company and Prince Phillip Mitchell |
| Malaco, Inc., Kanye West, Universal Music Group, Inc., Northside Partners, Solange Knowles, PeerMusic Ltd. and Northside Partners doing business as Muscle Shoals Sound Publishing Co., Inc. |
| 3:2018cv00067 |
| January 31, 2018 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| David J Hale |
| Colin H Lindsay |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.
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Filing 42
ORDER by Judge David J. Hale on 7/25/2019. This action stands DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and is STRICKEN from the Court's active docket. The pending motion to dismiss (D.N. #23 ) is DENIED as moot. cc: Counsel (MEJ)
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Filing 41
ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/19/2019 granting #37 Motion to Withdraw as Attorney. On or before 8/19/2019, Mitchell shall cause his new counsel to enter an appearance or advise the Court that he intends to proceed pro se. cc: Counsel (MEJ)
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| Filing 40 NOTICE of Voluntary Dismissal by Leroy Phillip Mitchell (Meyer, R.) |
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Filing 39
ORDER by Judge David J. Hale on 7/2/2019: The Clerk of Court shall STRIKE the notice of voluntary dismissal 38 from the record. The notice may be refiled by Mitchell's new counsel following an entry of appearance or by Mitchell's prior counsel upon representation to the Court that the attorney-client relationship has been restored. cc: counsel (JM)
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| Filing 38 STRICKEN FROM THE DOCKET pursuant to Court Order #39 . |
| Filing 37 MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Plaintiff Leroy Phillip Mitchell (Attachments: #1 Proposed Order Order) (Meyer, R.) |
| Filing 36 Settlement Report for proceedings held before Magistrate Judge Colin H. Lindsay: Settlement Conference held on 3/25/2019. Although settlement discussions were conducted in good faith, the parties were unable to come to an agreement. cc: Counsel of Record (KD) |
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Filing 35
ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 3/8/2019. Settlement Conference set for 3/25/2019 at 10:00 AM in Chambers before Magistrate Judge Colin H. Lindsay. Please see Order for further details. cc: Counsel of Record (KD)
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Filing 34
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 2/28/2019. Motion for Settlement Conference #28 is GRANTED. On or before 3/18/2019, the parties shall confer with their respective decisionmakers regarding their availability and jointly contact case manager Theresa Burch via e-mail (theresa_burch@kywd.uscourts.gov) to schedule a settlement conference. The settlement conference will then be set by separate order. The Courts Order for Settlement Conference will be more specific regarding who the Court considers an appropriate decisionmaker to participate in the settlement conference. However, in brief, the Court will require the attendance of each natural person party and a representative from each entity party with full settlement authority, meaning that the individual can both approve a settlement and change the partys settlement posture during the course of the settlement conference. Should there exist an insurance carrier which may be liable for all or part of a possible judgment, an authorized representative of that insurance carrier shall also be required to attend in person. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(TLB)
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| Filing 33 Certificate of Service to REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Certificate of Service) filed by PeerMusic Ltd.. (Beres, Joel) Modified on 2/26/2019 - edited title (DAK). |
| Filing 32 Notice of Joinder in Motion to Dismiss First Amended Complaint and REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Malaco, Inc., Northside Partners. (Beres, Joel) Modified on 2/26/2019 - edited title (DAK). |
| Filing 31 REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by PeerMusic Ltd.. (Beres, Joel) |
| Filing 30 Proposed Order re #28 MOTION for Settlement CONFERENCE, #29 Notice of Deficiency by Leroy Phillip Mitchell. (Meyer, R.) |
| Filing 29 NOTICE of Deficiency re #28 Motion for Settlement.Reason for Deficiency: Proposed Order not Submitted with Motion. Failure to comply will be brought to the attention of the Court. Response due by 2/4/2019. (DAK) |
| Filing 28 MOTION for Settlement CONFERENCE by Plaintiff Leroy Phillip Mitchell (Meyer, R.) (Additional attachment(s) added on 1/30/2019: #1 Proposed Order) (DAK). |
| Filing 27 RESPONSE to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Leroy Phillip Mitchell. (Meyer, R.) |
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Filing 26
ORDER by Magistrate Judge Colin H. Lindsay on 1/11/2019 - #24 Motion for Extension of Time to File Response/Reply is GRANTED. Response due to Motion to Dismiss by 1/25/2019 and Reply due by 2/25/2019. cc: Counsel(DAK)
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| Filing 25 NOTICE of Joinder by Malaco, Inc., Northside Partners re #23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Beres, Joel) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Plaintiff Leroy Phillip Mitchell (Attachments: #1 Proposed Order) (Meyer, R.) |
| Filing 23 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendant PeerMusic Ltd. (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Timothy A. Cohan, #3 Exhibit Exhibit B to Declaration of Timothy A. Cohan, #4 Exhibit Declaration of Barry I. Slotnick, #5 Proposed Order) (Beres, Joel) |
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Filing 22
ORDER by Magistrate Judge Colin H. Lindsay on 12/6/2018 - Motion of Peer, UMGI, and Malaco for an extension to respond to the Amended Complaint (DN 21) is GRANTED. Defendants shall file their response to the Amended Complaint by December 15, 2018. cc: Counsel(DAK)
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| Filing 21 Agreed MOTION for Extension of Time to File Answer or otherwise plead to First Amended Complaint by Defendant Universal Music Group, Inc. (Attachments: #1 Proposed Order) (Beres, Joel) |
| Filing 20 AMENDED COMPLAINT against Malaco, Inc., Northside Partners, PeerMusic Ltd., filed by Leroy Phillip Mitchell. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Meyer, R.) |
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Filing 19
ORDER Signed by Judge David J. Hale on 10/2/2018: The motion #17 for leave to amend is GRANTED. Mitchell shall file his amended complaint within thirty (30) days of the date of entry of this Order. Defendants shall respond in accordance with Federal Rule of Civil Procedure 15(a)(3). The motion #8 to dismiss the original complaint is DENIED as moot. cc: Counsel (JM)
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Filing 18
ORDER by Magistrate Judge Colin H. Lindsay on 6/18/2018 - #15 Renewed Motion to Withdraw as Attorney by Laura E. Landenwich is GRANTED. cc: Counsel(DAK)
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| Filing 17 MOTION for Leave to File Amended Complaint by Plaintiff Leroy Phillip Mitchell (Attachments: #1 Proposed Order granting motion for leave to file amended complaint) (Meyer, R.) |
| Filing 16 NOTICE of Appearance by R. Kenyon Meyer on behalf of Leroy Phillip Mitchell (Meyer, R.) |
| Filing 15 MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Plaintiff Leroy Phillip Mitchell (Attachments: #1 Affidavit, #2 Proposed Order) (Landenwich, Laura) |
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Filing 14
ORDER by Magistrate Judge Colin H. Lindsay on 5/21/2018 - #9 Motion to Withdraw as Attorney is DENIED WITHOUT PREJUDICE. 10 Motion to Dismiss is held in abeyance. cc: Counsel(DAK) (Main Document 14 replaced on 1/29/2019) (TLB).
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| Filing 13 REPLY to Response to Motion re #9 MOTION to Withdraw as Attorney and Hold Deadlines in Abeyance. (Continue to receive notice:Yes) filed by Leroy Phillip Mitchell. (Attachments: #1 Affidavit) (Landenwich, Laura) |
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Filing 12
ORDER by Judge David J. Hale on 5/10/2018: This matter is REFERRED to Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all nondispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct one or more settlement conferences in this matter. This referral includes resolution of the motion #9 to withdraw and hold deadlines in abeyance and related scheduling issues. cc: counsel, TB (JM)
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| Filing 11 RESPONSE to Motion re #9 MOTION to Withdraw as Attorney and Hold Deadlines in Abeyance. (Continue to receive notice:Yes), 10 MOTION to Stay filed by Malaco, Inc., Northside Partners, PeerMusic Ltd., Universal Music Group, Inc.. (Attachments: #1 Affidavit Slotnick Declaration, #2 Exhibit Exhibit 1 - 2/14/18 letter, #3 Exhibit Exhibit 2 - 4/10/18 letter, #4 Exhibit Exhibit 3 - 4/20/18 letter, #5 Affidavit Malouf Declaration, #6 Exhibit Exhibit 1 - 2/15/18 letter) (Beres, Joel) |
| Filing 10 MOTION to Hold Deadlines in Abeyance by Plaintiff Leroy Phillip Mitchell. See DN #9 for pdf. (DAK) |
| Filing 9 MOTION to Withdraw as Attorney and Hold Deadlines in Abeyance. (Continue to receive notice:Yes) by Plaintiff Leroy Phillip Mitchell (Attachments: #1 Proposed Order) (Landenwich, Laura) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Defendants Malaco, Inc., Northside Partners, PeerMusic Ltd., Universal Music Group, Inc. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss, #2 Affidavit Declaration of Slotnick, #3 Affidavit Declaration of Gold, #4 Exhibit Exhibit 1 - Publishing Agreement, #5 Exhibit Exhibit 2 -- Peer III Assignment, #6 Exhibit Exhibit 3 -- Copyright Certificate, #7 Exhibit Exhibit 4 -- Kanye West Agreement, #8 Exhibit Exhibit 5 -- Kanye West Use Agreement, #9 Exhibit Exhibit 6 -- Kanye West - IDJ Agreement, #10 Exhibit Exhibit 7 -- 7-13-2015 Letter, #11 Exhibit Exhibit 8 -- Solange License, #12 Proposed Order Proposed Order) (Beres, Joel) |
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Filing 7
TEXT ORDER Signed by Judge David J. Hale on 3/19/2018 granting #4 Motion for Cheng Linna Chen to Appear Pro Hac Vice ; granting #6 Motion for Barry Slotnick to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2607707. by Defendants PeerMusic Ltd., Universal Music Group, Inc. (Attachments: #1 Affidavit of Barry Slotnick, #2 Certificate of Good Standing, #3 Proposed Order) (Beres, Joel) |
| Filing 5 NOTICE of Appearance by Joel T. Beres on behalf of PeerMusic Ltd., Universal Music Group, Inc. (Beres, Joel) |
| Filing 4 MOTION to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2607691. by Defendants PeerMusic Ltd., Universal Music Group, Inc. (Attachments: #1 Affidavit of Cheng Linna Chen, #2 Certificate of Good Standing, #3 Proposed Order) (Beres, Joel) |
| Filing 3 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge Colin H. Lindsay. (KD) |
| Filing 2 NOTICE OF ISSUANCE OF WAIVERS OF SERVICE OF SUMMONS by Leroy Phillip Mitchell re #1 Complaint. (KD) |
| Filing 1 COMPLAINT against Kanye West, Malaco, Inc., Northside Partners, PeerMusic Ltd., Solange Knowles, Universal Music Group, Inc. (Filing fee $400, receipt number 0644-2583253), filed by Leroy Phillip Mitchell. (Attachments: #1 Cover Sheet, #2 Exhibit) (KD) |
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