Virgin Records America, Inc v. Thomas Featured Case

Jury verdict in favor of RIAA - $222,000 judgment against Minnesota woman for making music files available via Kazaa, despite her denials of doing so.

Plaintiff: Virgin Records America, Inc, Capitol Records, Inc, Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc and UMG Recordings, Inc
Defendant: Jammie Thomas
Intervenor: United States of America
Case Number: 0:2006cv01497
Filed: April 19, 2006
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Crow Wing
Presiding Judge: Unassigned
Nature of Suit: Other
Cause of Action: 17 U.S.C. ยง 501 Copyright Infringement
Jury Demanded By: None
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Available Case Documents

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Date Filed Document Text
November 20, 2012 Opinion or Order Filing 493 JUDGMENT IN A CIVIL CASE. IT IS ORDERED AND ADJUDGED THAT: Judgment is entered in favor of Plaintiffs and against Defendant as follows: 1. Capitol Records, Inc. $9,250 for the 1 sound recording, for a total of $9,250. 2. Sony BMG Music Entertainment $9,250 for each of the 6 sound recordings, for a total of $55,500. 3. Arista Records LLC $9,250 for each of the 2 sound recordings, for a total of $18,500. 4. Intersco pe Records $9,250 for each of the 3 sound recordings, for a total of $27,750. 5. Warner Bros. Records Inc. $9,250 for each of the 3 sound recordings, for a total of $27,750. 6. UMG Recordings, Inc. $ 9,250 for each of the 9 sound recordings, for a total of $83,250. Furthermore, Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in the copyrighted rec ordings and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without li mitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, or to distribute (i.e., upload) any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any computer hard d rive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control. (Written Opinion). Signed by Chief Judge Michael J. Davis on 11/20/12. (GRR)
November 1, 2010 Opinion or Order Filing 414 ORDER. IT IS HEREBY ORDERED: The unsolicited brief filed as 413 is hereby STRICKEN (Written Opinion). Signed by Chief Judge Michael J. Davis on 11/1/10. (GRR)
October 22, 2010 Opinion or Order Filing 411 ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED: Defendant's Motion to Reconsider Remittitur Order 405 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/22/10. (GRR)
March 1, 2010 Filing 372
DATE CERTAIN JURY TRIAL NOTICE. Jury Trial on damages is set for 10/4/2010 at 9:00 AM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates. (KMW)
February 8, 2010 Filing 371
NOTICE by Capitol Records, Inc re 366 Order on Motion to Amend/Correct, Order on Motion for New Trial, Notice of Plaintiffs' Decision re: Remittitur. (Attachments: # 1 Certificate of Service)(Reynolds, Timothy) Modified text on 2/9/2010 (jz).
January 28, 2010 Filing 370
NOTICE of Withdrawal as Attorney Kara L.B. Barrow (Attachments: # 1 Certificate of Service)(Boyd, Felicia)
January 27, 2010 Opinion or Order Filing 369
ORDER granting 367 Motion for Extension of Time to File. Signed by Chief Judge Michael J. Davis on 1/27/10. (KMW)
January 26, 2010 Filing 368
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 367 MOTION for Extension of Time to File (UNOPPOSED MOTION TO NOTIFY COURT REGARDING PLAINTIFFS' POSITION ON REMITTITUR) MOTION for Extension of Time to File (UNOPPOSED MOTION TO NOTIFY COURT REGARDING PLAINTIFFS' POSITION ON REMITTITUR). (Mohraz, Andrew) Modified text on 1/27/2010 (jz).
January 22, 2010 Opinion or Order Filing 366 MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant's Motion for a New Trial, Remittitur, and to Alter or Amend the Judgment 344 is DENIED IN PART and GRANTED IN PART as follows: The Judgment is amended to remit the damages award t o $2,250 per sound recording infringed. Plaintiffs are directed to either accept the remittitur no later than seven days from the date of this Order. The Court will defer amending the Judgment pending nofitifcation of Plaintiffs' position with regard to remittuter. 2. Plaintiffs' Motion to Amend Judgment 342 is DENIED IN PART and GRANTED IN PART as follows: The Judgment will be amended to include the following permanent injunction: Defendant shall be and hereby is enjoined fr om directly or indirectly infringing Plaintiffs' rights under federal or state law in the copyrighted records and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiar y, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, or to distribute (i.e., upload) any of Plaintiffs' Recordings, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any computer hard drive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control. 3. Amendment of the Judgment is deferred pending notification of Plaintiffs' position with regard to remittutr (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/22/10. (GRR)
October 1, 2009 Filing 365
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 364 (Plaintiffs' Notice of Supplemental Authority.) (Reynolds, Timothy) Modified text on 10/2/2009 (jz).
August 21, 2009 Opinion or Order Filing 360
ORDER granting 358 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Michael J. Davis on 8/21/09. (KMW)
August 20, 2009 Filing 359
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 358 MOTION for Extension of Time to File Response/Reply as to 351 Order on Motion for Extension of Time to File Response/Reply (Reply to have been filed 8/21/09) MOTION for Extension of Time to File Response/Reply as to 351 Order on Motion for Extension of Time to File Response/Reply (Reply to have been filed 8/21/09). (Mohraz, Andrew) Modified text on 8/21/2009 (jz).
August 15, 2009 Filing 357
MEMORANDUM in Opposition re 342 MOTION to Amend/Correct 338 Judgment, MOTION to Amend/Correct 338 Judgment, Corrected filed by Jammie Thomas-Rasset. (Blanchfield, Garrett)
August 14, 2009 Filing 355
RESPONSE in Opposition re 342 MOTION to Amend/Correct 338 Judgment, MOTION to Amend/Correct 338 Judgment, filed by Jammie Thomas-Rasset. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Blanchfield, Garrett)
August 12, 2009 Opinion or Order Filing 351
ORDER granting 349 Motion for Extension of Time to File Response and Reply. Signed by Chief Judge Michael J. Davis on 8/12/09. (KMW)
August 11, 2009 Filing 350
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 349 MOTION for Extension of Time to File Response/Reply as to 348 Order on Motion for Extension of Time to File (Opposition and Reply Briefs) MOTION for Extension of Time to File Response/Reply as to 348 Order on Motion for Extension of Time to File (Opposition and Reply Briefs.) (Mohraz, Andrew) Modified text on 8/12/2009 (jz).
July 15, 2009 Opinion or Order Filing 348
ORDER granting 346 Motion for Extension of Time to File. Signed by Chief Judge Michael J. Davis on 7/15/09. (kmw)
July 14, 2009 Filing 347
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 346 MOTION for Extension of Time to File Briefs (Extending Briefing Schedule).(Reynolds, Timothy)
July 8, 2009 Filing 345
NOTICE to Attorneys. Briefing Schedule for post trial motions. (kmw)
July 6, 2009 Filing 344
MOTION for New Trial Remittitur, and to Alter or Amend the Judgment by Jammie Thomas-Rasset. (Attachments: # 1 Affidavit of Service)(Blanchfield, Garrett)
July 1, 2009 Opinion or Order Filing 341
ORDER FOR PERMISSION OF ATTORNEYS TO CONTACT THE JURORS. Signed by Chief Judge Michael J. Davis on 6/30/09. (kmw)
June 24, 2009 Filing 340
ANSWER OF THE COURT TO JURY QUESTION #1. (kt)
June 19, 2009 Filing 338
JUDGMENT in favor of Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc against Jammie Thomas-Rasset. Signed by Chief Judge Michael J. Davis on 6/19/09. (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice, # 2 Civil Notice - appeal)(kt)
June 18, 2009 Filing 337
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Jury Trial completed on 6/18/2009. (Court Reporter Lorilee Fink) (kmw)
June 17, 2009 Filing 334
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Jury Trial continued on 6/17/2009. Jury Trial to continue on 6/18/09 at 9:00 a.m. (Court Reporter Lori Simpson) (KMW)
June 16, 2009 Filing 333
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 332 Proposed Jury Instructions Plaintiffs' Revised Proposed Jury Instruction.(Reynolds, Timothy)
June 15, 2009 Filing 326
TRIAL BRIEF in Opposition to Defendant's 323 Motion to Exclude Evidence of the Sound Recordings Deposited with the Copyright Office by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) Exhibits A and B)(Mohraz, Andrew) Modified text and link on 6/17/2009 (kt).
June 12, 2009 Filing 319
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 318 Exhibit List, 317 Witness List. (Reynolds, Timothy) Modified punctuation on 6/15/2009 (jz).
June 11, 2009 Opinion or Order Filing 315 MEMORANDUM OF LAW AND ORDER granting in part and denying in part as set forth by the order Plaintiff's Motion to Exclude the Testimony of Defendant's Expert Dr. Yongdae Kim 272 ; Defendant's Unopposed Motion in Limine is granted 276 ; Plaintiff's Motion in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits is Reserved 279 ; Plaintiff's Motion in Limine to Preclude Fair Use Defense is granted 283 ; Plaintiff's Motion in Limine to Pr eclude Defendant from Asserting an Innocent Infringement Defense at Trial is granted 284 ; Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction is denied without prejudice 310 ; and Defendant's Motion to Suppress Evidence 263 is denied. Signed by Chief Judge Michael J. Davis on 6/11/09. (kmw) Modified document type to written opinion on 6/15/2009 (LJG).
June 10, 2009 Filing 314
EXHIBIT re 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 9, 2009 Filing 309
REPLY re 263 MOTION to Suppress Evidence Corrected filed by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett)
June 8, 2009 Filing 307
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 306 Exhibit List Plaintiffs' Amended Exhibit Lis.t (Reynolds, Timothy) Added punctuation on 6/9/2009 (jz).
June 5, 2009 Filing 302
RESPONSE re 288 MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright filed by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett)
June 4, 2009 Filing 301
CERTIFICATE OF SERVICE by Jammie Thomas-Rasset re 299 Response, 300 Response. (Blanchfield, Garrett) Modified punctuation on 6/5/2009 (jz).
June 3, 2009 Filing 290
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 289 Notice (Other), Notice (Other), 288 MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright. (Reynolds, Timothy) Modified punctuation on 6/4/2009 (jz).
June 1, 2009 Filing 287
CERTIFICATE OF SERVICE by Jammie Thomas re 262 Proposed Voir Dire, 266 Statement of Case, 261 Witness List, 271 Proposed Jury Instructions, 276 MOTION in Limine - Unopposed, 286 Proposed Special Verdict Form. (Blanchfield, Garrett) Added punctuation on 6/2/2009 (jz).
May 22, 2009 Opinion or Order Filing 260
ORDER FOR PRETRIAL CONFERENCE AND MOVING LOCATION OF THE JURY TRIAL. Signed by Chief Judge Michael J. Davis on 05/22/09. (kmw)
May 20, 2009 Opinion or Order Filing 258
ORDER. THEREFORE, IT IS ORDERED: Good cause having been shown, the motion of Brian N. Toder to withdraw as counsel 245 and to permit substitution of counsel 252 is granted. Signed by Chief Judge Michael J. Davis on 5/20/09. (GRR)
May 19, 2009 Filing 255
CERTIFICATE OF SERVICE by Jammie Thomas re 254 Declaration in Support, 252 MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's Second Motion to Withdraw as Counsel, 253 Declaration in Support. (Toder, Brian) Added punctuation on 5/20/2009 (jz).
May 15, 2009 Filing 251
AMENDED CERTIFICATE OF SERVICE by Jammie Thomas re 247 Memorandum in Support of Motion, 249 Declaration in Support, 248 Declaration in Support, 246 Notice of Hearing on Motion, 250 Certificate of Service, 245 Second MOTION to Withdraw as Attorney. (Toder, Brian) Modified text on 5/18/2009 (jz).
May 12, 2009 Filing 244
Minute Entry: Settlement Conference proceedings held before Chief Mag. Judge Raymond L. Erickson on 5/12/2009. No settlement reached. (MMP)
April 1, 2009 Filing 243
SETTLEMENT CONFERENCE ORDER A Settlement Conference in the above-entitled matter is set for Tuesday, May 12, 2009, at 10:00 o'clock a.m., before Chief Magistrate Judge Raymond L. Erickson, in Court Room No. 3, Gerald W. Heaney Federal Building and United States Courthouse and Customhouse, 515 W. First St., Duluth, Minnesota. Signed by Chief Mag. Judge Raymond L. Erickson on 04/01/2009. (jz)
March 31, 2009 Filing 242
AMENDED JURY TRIAL NOTICE. Jury Trial is set for 6/15/2009 09:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates. (kmw)
March 17, 2009 Filing 241
MOTION to Withdraw as Attorney by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Verrilli, Donald)
March 3, 2009 Filing 240
NOTICE to Withdraw 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian) Modified text on 3/4/2009 (jz).
March 2, 2009 Filing 239
NOTICE to Attorneys. A settlement conference has been scheduled before Chief Judge Davis on 3/30/09 and 3/31/09 at 9:00 a.m. in the Minneapolis, Federal Courthouse, Chambers 15E. Please read the attachment for additional information. (KMW)
February 26, 2009 Filing 238
CERTIFICATE OF SERVICE by all plaintiffs re 237 Response in Opposition to Motion to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report (Reynolds, Timothy) Modified text on 2/27/2009 (jz).
February 25, 2009 Opinion or Order Filing 236
ORDER granting 234 Motion to Continue. The civil trial shall be continued to 6/15/09 in Duluth, MN. Signed by Chief Judge Michael J. Davis on 2/25/09. (kmw)
February 24, 2009 Filing 235
CERTIFICATE OF SERVICE re: 234 Motion to Continue Trial by Timothy M Reynolds on behalf of Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified link and text on 2/24/2009 (jz).
February 19, 2009 Filing 233
CERTIFICATE OF SERVICE by Jammie Thomas re 232 Declaration in Support, 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report, 231 Notice of Hearing on Motion, (Toder, Brian)
February 12, 2009 Opinion or Order Filing 229
ORDER That the Defendant's Motion for Extension of Discovery Schedule 214 is GRANTED, and the Defendant shall have seven (7) days after the date of this Order to disclose the expert opinions of Dr. Kim, in accordance with Rule 26(a)(2), Federal Rules of Civil Procedure. Signed by Chief Mag. Judge Raymond L. Erickson on 02/12/2009. (jz)
February 9, 2009 Filing 227
***TEXT ONLY ENTRY*** AMENDED JURY TRIAL NOTICE. Jury Trial set for 5/11/2009 at 9:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for updated due dates and deadlines. (kmw)
February 6, 2009 Filing 225
MOTION to Continue Defendant's Unopposed Motion to Continue Trial Date by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
February 5, 2009 Filing 224
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 223 Plaintiffs' Response in Opposition to Defendant's Motion for Extension of Discovery Schedule (Reynolds, Timothy)
January 30, 2009 Filing 222
TRANSCRIPT of Trial, Volume III, held on 10/04/2007 before Chief Judge Michael J. Davis. (100 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 2/20/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/30/2009. For information on redaction procedures, please review Local Rule 5.5. (Simpson, Lori)
January 26, 2009 Filing 217
CERTIFICATE OF SERVICE by Jammie Thomas re 214 MOTION for Extension of Time to Complete Discovery Defendant's Motion for Extension of Discovery Schedule, 215 Notice of Hearing on Motion, 216 Memorandum in Support of Motion (Toder, Brian)
January 12, 2009 Filing 213
CERTIFICATE of Service re: 212 Motion to Withdraw Notice of Appeal by Timothy M Reynolds on behalf of Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified on 1/13/2009 (jz).
December 23, 2008 Opinion or Order Filing 211
ORDER DENYING Plaintiff's Motion to Certify September 24 Order for Interlocutory Appeal and for Stay of Proceedings Pending Appeal 198 . Signed by Chief Judge Michael J. Davis on 12/23/08. (GRR)
November 24, 2008 Filing 210
CERTIFICATE of Service re 208 Response in Support of Motion, 209 LR7.1 Word Count Compliance Certificate, Service of Documents by Timothy M Reynolds on behalf of Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified on 11/24/2008 (jz).
November 11, 2008 Filing 207
CERTIFICATE OF SERVICE by Jammie Thomas re 206 Memorandum in Opposition to Motion (Toder, Brian)
October 31, 2008 Opinion or Order Filing 205
ORDER granting 203 Motion for Order for Stipulated Briefing Schedule. Signed by Chief Judge Michael J. Davis on 10/31/08. (kmw)
October 30, 2008 Filing 204
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Jammie Thomas, Capitol Records, Inc re 203 Joint MOTION for Order to Set Briefing Schedule (Reynolds, Timothy)
October 29, 2008 Filing 202
JURY TRIAL NOTICE. Jury Trial is set for 3/9/2009 09:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates. (kmw)
October 14, 2008 Filing 201
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 198 Notice of Interlocutory Appeal, Motion to Certify September 24 Order; (199) Memorandum In Support of Motion to Certify September 24 Order; and (200) LR 7.1 Word Count Compliance Certificate (Reynolds, Timothy)
September 24, 2008 Opinion or Order Filing 197
ORDER GRANTING 109 Motion for New Trial and DENYING 116 Motion to Amend/Correct. The Judgment on 10/5/07 106 is VACATED. The Court hereby VACATES the verdict rendered in this case by the jury and grants Defendant a new trial to commence on a date to be set by the Court after consultation by the parties. Signed by Chief Judge Michael J. Davis on 9/24/08. (kmw)
August 26, 2008 Filing 196
NOTICE of Appearance by Rachel C Hughey on behalf of Electronic Frontier Foundation (Attachments: # 1 Certificate of Service)(Hughey, Rachel)
August 4, 2008 Filing 195
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 8/4/2008 re 116 MOTION to Amend/Correct Judgment filed by Plaintiffs, 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Jammie Thomas. Motions were moved, argued and taken under advisement. An order to follow. (Court Reporter Lori Simpson) (mjds)
July 31, 2008 Filing 194
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 193 MOTION for Admission Pro Hac Vice for Donald Verrilli, Jr. (Walker, Mary)
July 11, 2008 Filing 192
CERTIFICATE OF SERVICE by Jammie Thomas re 191 LR7.1 Word Count Compliance Certificate, 190 Reply to Response to Motion (Toder, Brian)
July 2, 2008 Opinion or Order Filing 186
ORDER granting 155 Motion for Leave to File Brief Amici Curiae of Copyright Law Professors in Support of Defendant; granting 163 Motion for Leave to File a Brief Amici Curiae of Electronic Frontier Foundation, Public Knowledge, United States Internet Industry Association, and Computer & Communications Industry Association in Support of Defendant; granting motion of 167 Motion Picture Association of America, Inc. for Leave to File Amicus Curiae Brief and participate in oral argument; granting 168 Motion for Leave to File a Brief Amicus Curiae by the Intellectual Property Institute of William Mitchell College of Law; granting 177 Motion for Leave to File a Brief Amicus Curiae by Thomas D. Sydnor of the Progress & Freedom Foundation. Signed by Chief Judge Michael J. Davis on July 2, 2008. (SMS)
June 30, 2008 Filing 185
AMENDED LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 180 Brief. (Reynolds, Timothy) Modified on 7/1/2008 (kt).
June 20, 2008 Filing 179
CERTIFICATE OF SERVICE by The Progress & Freedom Foundation re 178 Brief, 177 MOTION for Leave to File Amicus Curiae Brief by Thomas D. Sydnor of The Progress & Freedom Foundation (Donesky, Tracey)
June 19, 2008 Filing 161
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Copyright law professors re 152 Brief. (Cox, Prentiss)
June 16, 2008 Filing 154
CERTIFICATE OF SERVICE by Copyright law professors of proposed order (Cox, Prentiss)
June 13, 2008 Filing 152
BRIEF re 151 MOTION for Leave to File Amici Brief and For Extension of Time to File. (Cox, Prentiss)
June 9, 2008 Opinion or Order Filing 149
ORDER granting 147 Motion to Extend the briefing schedule. Signed by Judge Michael J. Davis on 6/6/08. (kmw)
June 5, 2008 Filing 148
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 147 MOTION to Extend Briefing Schedule (Reynolds, Timothy)
May 30, 2008 Filing 144
NOTICE of Withdrawal of Richard Gabriel as Attorney Due to Judicial Appointment (Attachments: # 1 Certificate of Service)(Gabriel, Richard) Modified text on 6/2/2008 (kt).
May 20, 2008 Opinion or Order Filing 143
ORDER stating Procedures for filing amicus briefs in this matter. Signed by Judge Michael J. Davis on 5/20/08. (kmw)
May 19, 2008 Filing 141
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 140 Joint MOTION to Extend Briefing Deadlines and Reset Oral Argument Date (Gabriel, Richard)
May 15, 2008 Opinion or Order Filing 139
ORDER FOR ORAL ARGUMENT ON 7/1/08 IN DULUTH, MN AND ADDITIONAL BRIEFING SCHEDULE. Signed by Judge Michael J. Davis on 5/15/08. (kmw)
March 14, 2008 Filing 138
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 137 Notice of Supplemental Authority) (Walker, Mary) Modified on 3/17/2008 (jz).
January 28, 2008 Filing 136
Minute Entry for proceedings held before Judge Michael J. Davis: Status Conference held on 1/28/2008. (Court Reporter Ron Moen) (kmw)
December 10, 2007 Opinion or Order Filing 135
ORDER granting 131 Motion for Leave to File. Signed by Judge Michael J. Davis on December 10, 2007. (SMS)
December 6, 2007 Opinion or Order Filing 134
ORDER granting 129 Motion to Intervene (Written Opinion). Signed by Judge Michael J. Davis on December 6, 2007. (SMS)
December 3, 2007 Filing 130
MEMORANDUM by United States of America re 129 MOTION to Intervene to Defend the Constitutionality of a Federal Statute filed by United States of America. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Kirschner, Adam)
November 27, 2007 Filing 128
REPLY re 122 Response in Opposition to Motion, Defendant's Reply to Plaintiffs' Response (Dkt. 122) filed by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
November 16, 2007 Filing 127
RESPONSE re 116 MOTION to Amend/Correct Judgment filed by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
November 8, 2007 Filing 126
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 125 LR7.1 Word Count Compliance Certificate Regarding Plaintiffs' Response in Opposition to Defendant's Motion for New Trial, or in The Alternative, for Remittitur (Walker, Mary)
October 29, 2007 Opinion or Order Filing 121
ORDER granting 119 Motion for Extension of Time to File Response/Reply. Responses due by 11/8/2007. Signed by Judge Michael J. Davis on 10/29/07. (kmw)
October 25, 2007 Filing 120
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 119 MOTION for Extension of Time to File Response/Reply as to 109 MOTION for New Trial or in the Alternative, for Remittitur. (Walker, Mary) Modified on 10/26/2007 (jc).
October 23, 2007 Opinion or Order Filing 118
ORDER granting 114 Motion to Extend to Determine If Intervention is Appropriate. Signed by Judge Michael J. Davis on 10/23/07. (KMW)
October 19, 2007 Filing 117
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 116 MOTION to Amend/Correct Judgment (Walker, Mary)
October 15, 2007 Filing 111
CERTIFICATE OF SERVICE by Jammie Thomas re 110 Declaration in Support, 109 MOTION for New Trial or in the Alternative, for Remittitur (Toder, Brian)
October 12, 2007 Filing 108
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 107 Notice of Withdrawal from Case and Substitution of Counsel (Coates, Laura)
October 3, 2007 Filing 96
Minute Entry for proceedings held before Judge Michael J. Davis : Jury Trial continued on 10/3/2007. (Court Reporter Lori Simpson) (kmw)
October 2, 2007 Filing 95
Minute Entry for proceedings held before Judge Michael J. Davis : Voir Dire held, Jury Selection held, and Jury Trial begun on 10/2/2007. (Court Reporter Lori Simpson) (kmw)
October 1, 2007 Opinion or Order Filing 94
ORDER denying 68 Plaintiffs' Motion in Limine to Exclude Evidence Disputing Admitted Facts; granting 81 Defendant's Motion in Limine to Preclude the admission of Plaintiffs' Trial Exhibit 4; and reserving decision until oral argument on the following motions: 82 Plaintiffs' Motion in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury, 67 Defendant's Motion in Limine to Prohibit the Parties from Making Certain Allusions or References during Opening Statements and 93 Defendant's Motion in Limine to Preclude Evidence of Her Counsel's Motionto Withdraw(Written Opinion). Signed by Judge Michael J. Davis on October 1, 2007. (SMS)
September 26, 2007 Filing 92
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 90 Memorandum in Opposition to Motion, (Coates, Laura)
September 20, 2007 Filing 76
CERTIFICATE OF SERVICE by Jammie Thomas re 75 Exhibit List (Toder, Brian)
September 17, 2007 Filing 72
NOTICE to Attorneys. Updated briefing schedule for motions in limine. (kmw)
September 13, 2007 Filing 54
Minute Entry for proceedings held before Chief Magistrate Judge Raymond L. Erickson : Motion Hearing held on 9/13/2007 re 39 Virgin Records et al.'s MOTION Summary Adjudication of Specific Facts; 41 Virgin Records et al.'s MOTION to Enforce Judgment re Specific Facts or for Leave to File Dispositive Motion as to Such Facts. Motions taken under advisement. (Tape #07-55) (JMH)
September 12, 2007 Filing 53
DATE CERTAIN TRIAL NOTICE to Attorneys (KMW)
September 6, 2007 Filing 52
CERTIFICATE OF SERVICE by Jammie Thomas re 50 Memorandum in Opposition to Motion, 51 Declaration in Opposition (Toder, Brian)
September 4, 2007 Filing 49
MOTION for Admission Pro Hac Vice for Richard L. Gabriel by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified on 9/7/2007 - added parties(MMC).
August 31, 2007 Opinion or Order Filing 48
ORDER 1. That the Motion of Defendant's Counsel to Withdraw Without Substitution 33 is DENIED. 2. That the Defendant is direct to advise the Court as to her interest in considering a settlement of this case within one (1) week of the date of this Order. Signed by Chief Magistrate Judge Raymond L. Erickson on 08/31/2007. (jc)
August 29, 2007 Filing 47
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 44 Declaration in Support, 43 Declaration in Support, 46 Declaration in Support, 45 Declaration in Support (Coates, Laura)
August 24, 2007 Filing 42
NOTICE OF HEARING ON MOTION 41 MOTION to Enforce Judgment re Specific Facts or for Leave to File Dispositive Motion as to Such Facts: Motion Hearing set for 9/13/2007 02:30 PM in Duluth - Courtroom 3 before Chief Mag. Judge Raymond L. Erickson. (Boyd, Felicia)
August 3, 2007 Filing 38
JURY TRIAL NOTICE. This case is trial ready beginning 10/1/2007. The trial will be held in Minneapolis - Courtroom 14E before Judge Michael J. Davis. Please read the notice for specific due dates and deadlines regarding trial documents. (kmw)
August 2, 2007 Filing 37
SETTLEMENT CONFERENCE ORDER Settlement Conference set for 9/24/2007 10:00 AM in Duluth - Courtroom 3 before Chief Magistrate Judge Raymond L. Erickson. Signed by Chief Magistrate Judge Raymond L. Erickson on 8/2/07. (JMH)
July 25, 2007 Filing 36
Minute Entry for proceedings held before Chief Magistrate Judge Raymond L. Erickson : Motion Hearing held on 7/25/2007 re: Brian Toder's Motion to Withdraw as Counsel for Defendant Jammie Thomas 33 . Motions taken under advisement as of July 25, 2007. Order to be issued. (jc)
July 9, 2007 Filing 35
CERTIFICATE OF SERVICE by Jammie Thomas re 34 Notice of Hearing on Motion, 33 MOTION to Withdraw as Attorney (Toder, Brian)
June 13, 2007 Opinion or Order Filing 32
ORDER That the Stipulated Motion to Amend Pretrial Scheduling Order Docket No. 29 is APPROVED, and the Pretrial Order dated March 6, 2007, is amended as follows: That this case shall be ready for trial on October 1, 2007,1 or 30 daysafter the Court renders its Order on any dispositive Motion (whichever is later), at which time the case will be placed on the Court's Jury trial calendar. Signed by Chief Magistrate Judge Raymond L. Erickson on 6/13/07. (JMH)
June 8, 2007 Filing 31
CERTIFICATE OF SERVICE by Jammie Thomas re 30 Memorandum in Support of Motion, 29 MOTION to Amend/Correct 17 Scheduling Order, Stipulated Motion to Amend Pretrial Scheduling Order (Toder, Brian)
May 4, 2007 Opinion or Order Filing 28
ORDER granting Plaintiff's 25 Motion to Amend/Correct is GRANTED and that the deadline for the purpose of taking the deposition of Justin Gervais is extended to June 1, 2007. Signed by Chief Magistrate Judge Raymond L. Erickson on 5/4/07. (SEA)
May 3, 2007 Filing 27
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 26 Memorandum in Support of Motion, 25 MOTION to Amend/Correct 17 Scheduling Order, (Coates, Laura)
May 2, 2007 Opinion or Order Filing 24
ORDER The Clerk of Court is directed to strike the Motion to Amend Pretrial Scheduling Order Docket No. 21 . Motions terminated: 21 MOTION to Amend/Correct 17 Scheduling Order. Signed by Chief Magistrate Judge Raymond L. Erickson on 5/2/07. (JMH)
May 1, 2007 Filing 23
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 21 MOTION to Amend/Correct 17 Scheduling Order,, 22 Memorandum in Support of Motion (Coates, Laura)
March 14, 2007 Opinion or Order Filing 20
ORDER re: Filing Date Correction. Signed by Judge James M. Rosenbaum on 3/14/07. (RJL)
March 12, 2007 Filing 19
MOTION for Admission Pro Hac Vice for Timothy M. Reynolds by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified on 3/13/2007 - corrected filing date (MMC).
March 6, 2007 Opinion or Order Filing 17
ORDER That the Stipulated Motion To Amend Pretrial Scheduling Order Or In The Alternative For A Rule 16 Conference 14 is APPROVED, and the Pretrial Order dated July 26, 2006, shall be amended as follows: Discovery due by 5/1/2007. Motions (non-disp) due 6/1/2007. Motions (disp) due by 7/1/2007. Ready for trial due by 8/1/2007. Signed by Chief Magistrate Judge Raymond L. Erickson on 03/06/2007. (jc) Modified text on 3/7/2007 (jc).
February 28, 2007 Filing 16
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 15 Memorandum in Support of Motion, 14 MOTION to Amend/Correct 11 Scheduling Order (Coates, Laura)
November 16, 2006 Filing 13
MOTION to Withdraw as Attorney Michelle A. Paninopoulos by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Boyd, Felicia)
July 31, 2006 Filing 12
SUMMONS Returned Executed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. Jammie Thomas served on 5/1/2006, answer due 5/21/2006. (Coates, Laura)
July 26, 2006 Filing 11
PRETRIAL ORDER: Amended Pleadings due by 10/26/2006. Discovery due by 3/1/2007. Motions (non-disp) due 4/1/2007. Motions (disp) due by 5/1/2007. Ready for trial due by 7/1/2007. Signed by Chief Magistrate Judge Raymond L Erickson on 7/26/06. (SEA)
July 24, 2006 Filing 9
CERTIFICATE OF SERVICE by Jammie Thomas re 8 Statement of Case (Toder, Brian)
July 14, 2006 Filing 6
MOTION for Admission Pro Hac Vice for David A. Tonini by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (MMC)
May 30, 2006 Filing 4
CERTIFICATE OF SERVICE by Jammie Thomas (Toder, Brian)
April 19, 2006 Filing 2
RULE 7.1 DISCLOSURE STATEMENT by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc that Virgin Records America, Inc's parent is EMI Group PLC; Capitol Records, Inc's parent coporation is EMI Group PLC; Sony BMG Music Entertainment is a joint venture owned by USCO Holdings, BeSo Holding LLC, Ariola Eurodisc, Inc, Arista Holding, Inc, and Zomba US Holdings, Inc, It's ultimate Parents are Bertlesmann AG and Sony Corporation; Arista Records is owned by Sony Corporation; Interscope Records is a subsidiary of Vivendi Universal, S.A.; Warner Bros Records ultimate parent corporation is Warner Music Group; UMG Recordings parent corporation is Vivendi Universal, S.A.(RJL)
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Search for this case: Virgin Records America, Inc v. Thomas
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Plaintiff: Virgin Records America, Inc
Represented By: Mary Andreleita Walker
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Plaintiff: Capitol Records, Inc
Represented By: Mary Andreleita Walker
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Plaintiff: Sony BMG Music Entertainment
Represented By: Mary Andreleita Walker
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Plaintiff: Arista Records LLC
Represented By: Mary Andreleita Walker
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Plaintiff: Interscope Records
Represented By: Mary Andreleita Walker
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Plaintiff: Warner Bros Records Inc
Represented By: Mary Andreleita Walker
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Plaintiff: UMG Recordings, Inc
Represented By: Mary Andreleita Walker
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Defendant: Jammie Thomas
Represented By: Brian N Toder
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Intervenor: United States of America
Represented By: Adam D Kirschner
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