Broadcast Music, Inc. et al v. Stillwater Restaurants, Inc. et al
| Broadcast Music Inc, Michael Balzary, John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, House of Fun Music, Inc., Spirit One Music, Warner-Tamerlane Publishing Corp, Universal-Songs of Polygram International, Inc., Songs of Universal, Inc., Bradley Kirk Arnold, Robert Todd Harrell, Matthew Darrick Roberts, Christopher Lee Henderson, EMI Blackwood Music Inc., Jason L. Ross, Jason Knowles Pollock, Casey S. Daniel, Gurpreet J. Khals, Anthony L. Ray, EMI Virgin Songs, Inc, The End of Music, LLC, Ensign Music LLC, Mad Dog Winston Music, Ltd, Please Gimme My Publishing Inc., Unichappell Music, Inc. and Rivers Cuomo |
| Stillwater Restaurants, Inc., St. Croix Crab House and Paul J. Augustyn |
| 0:2007cv02220 |
| May 8, 2007 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Jeanne J. Graham |
| Patrick J. Schiltz |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Defendant |
Docket Report
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| Filing 44 JUDGMENT. Signed on 4/15/08. (Attachments: # 1 Civil Notice - appeal, # 2 Civil-8th Circuit Pre-Hearing Conference Notice)(RJL) |
Filing 43
ORDER of Judgment re 40 Stipulation filed by all parties. Signed by Magistrate Judge Jeanne J. Graham on 4/14/08. (RJL)
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Filing 42
ORDER re 39 Stipulation for default judgment filed by all parties. Signed by Magistrate Judge Jeanne J. Graham on 4/14/08. (RJL)
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| Filing 41 CERTIFICATE OF SERVICE by plaintiffs(Schultz, William) Modified text on 4/1/2008 (jdf). |
| Filing 40 STIPULATION TO WITHDRAW ANSWER AND ENTER DEFAULT by all parties (Schultz, William) Modified text on 4/1/2008 (jdf). |
| Filing 39 STIPULATION for Default Judgment by all parties (Schultz, William) Modified text on 4/1/2008 (jdf). |
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Filing 38
ORDER/NOTICE of Settlement Conference set for 4/1/2008 10:00 AM in Suite 720 before Magistrate Judge Jeanne J. Graham. Signed by Magistrate Judge Arthur J. Boylan on 3/11/08. (kt)
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| Filing 37 LETTER TO MAGISTRATE JUDGE re: request permission for BMI representative to appear via telephone by plaintiffs. (Schultz, William) Modified text on 3/11/2008 (jdf). |
| Filing 36 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 3/10/2008. A Settlement Conference has been scheduled for April 1, 2008, at 10:00 a.m. Central Standard Time with the parties in Judge Boylan's St. Paul chambers. A notice of settlement conference shall be issued. Judge Boylan also requested Plaintiff's counsel to send a letter to his attention regarding the attendance of its New York counsel at the April 1st settlement conference. (kt) |
| Filing 35 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 3/3/2008. Parties are to initiate a conference call to Magistrate Judge Boylan on March 10, 2008, at 9:00 a.m. (jam) |
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Filing 34
ORDER re 33 Stipulation : The Parties' Stipulation for Stay of Case is GRANTED. The case is stayed 60 days. If the case is not resolved by April 13, 2008, the parties will jointly request that the Court modify the trial schedule, including additional time for discovery. Signed by Magistrate Judge Arthur J. Boylan on 2/14/08. (jam)
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| Filing 33 STIPULATION for Stay of Case by all parties. (Schultz, William) Modified text on 2/14/2008 (jdf). |
| Filing 32 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 2/13/2008. Parties are to initiate a conference call to Magistrate Judge Arthur J Boylan on 2/19/08 at 9:00 a.m. (kt) |
| Filing 31 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 2/6/2008. Parties are to initiate a conference call to Magistrate Judge Boylan on 2/13/08 at 1:15 p.m. (Please note time change.) (kt) |
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Filing 30
ORDER vacating 29 Order with respect to the $1,500.00 sanction imposed on Defendants. Signed by Magistrate Judge Arthur J. Boylan on 1/23/08. (kt)
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Filing 29
VACATED WITH RESPECT TO $1,500.00 SANCTION PURSUANT TO 30 ORDER: Defendants are hereby required to pay to Plaintiffs $1,000.00 in attorneys' fees and $1,500.00 in sanctions for failing to appear at the mandatory Settlement Conference. Defendants shall pay the fees and sanctions within 15 days of this Order. If Defendants fail to pay the fees and sanctions within 15 days, this Court may impose further sanctions, including striking the Defendants Answer and entering default. Signed by Magistrate Judge Arthur J. Boylan on 1/17/08. (akl) Modified on 1/23/2008 (kt).
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| Filing 28 Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan : Settlement Conference held on 1/17/2008. Defendant failed to appear. Defendant held in contempt. Plaintiff to prepare proposed order. (kt) |
| Filing 27 LETTER TO MAGISTRATE JUDGE by all plaintiffs (Schultz, William) Modified text on 12/17/2007 (jdf). |
| Filing 26 NOTICE OF LOCATION CHANGE: Settlement Conference set for 1/4/2008 09:00 AM in Minneapolis - Courtroom 8E before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 12/7/07. (kt) |
| Filing 25 WITHDRAWN pursuant to Order filed 4/15/08 Amended ANSWER to Complaint with Jury Demand by Stillwater Restaurants, Inc.. (Attachments: # 1 Affidavit of Service) (MacLeod, Niall) Modified text on 4/15/2008 (RJL). |
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Filing 24
ORDER granting 21 Stipulation re: Defendants shall be permitted to amend their answer. Signed by Magistrate Judge Jeanne J. Graham on 12/4/07. (JME)
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| Filing 23 SECOND AMENDED NOTICE: Settlement Conference set for 1/4/2008 09:00 AM in suite 720 before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 12/3/07. (jam) |
| Filing 22 CERTIFICATE OF SERVICE by Stillwater Restaurants, Inc. re 21 Stipulation Joint re: Amended Answer (MacLeod, Niall) |
| Filing 21 STIPULATION Joint re: Amended Answer by all parties. (Attachments: # 1 Exhibit(s) Proposed Amended Answer)(MacLeod, Niall) Modified text and fielrs on 12/4/2007 (jdf). |
| Filing 20 AMENDED NOTICE OF Settlement Conference set for 12/17/2007 01:00 PM, Suite 720, 180 East 5th Street, St. Paul, before Magistrate Judge Jeanne J. Graham. Signed by Magistrate Judge Jeanne J. Graham on 11/14/07. (RJL) Modified text on 11/14/2007 (jdf). |
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Filing 19
Pretrial SCHEDULING ORDER:Amended Pleadings due by 12/3/2007.,Discovery due by 3/17/2008.,Motions (non-disp) due 5/15/2008.,Motions (disp) due by 7/1/2008.,Ready for trial due by 10/2/2008.. Signed by Magistrate Judge Jeanne J. Graham on 10/9/07. (RJL)
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| Filing 18 NOTICE OF Settlement Conference set for 11/15/2007 09:00 AM, in Suite 720, 180 East 5th Street, before Magistrate Judge Jeanne J. Graham.. Signed by Magistrate Judge Jeanne J. Graham on 10/1/07. (RJL) |
| Filing 17 Order based on Consent to proceed before Magistrate Judge. Case reassigned to Magistrate Judge Jeanne J. Graham for all further proceedings. The new case number is 07cv2220 JJG. Signed by Judge Patrick J. Schiltz on 9/24/07. (JME) |
| Filing 16 Joint Consent to proceed before a U.S. Magistrate Judge with appeal to 8th Circuit. (Schultz, William) |
| Filing 15 REPORT of Rule 26(f) Planning Meeting by Anthony Kiedis, Chad Gaylord Smith, House of Fun Music, Inc., Spirit One Music, Warner-Tamerlane Publishing Corp, Universal-Songs of Polygram International, Inc., Broadcast Music Inc, Songs of Universal, Inc., Bradley Kirk Arnold, Robert Todd Harrell, Matthew Darrick Roberts, Christopher Lee Henderson, EMI Blackwood Music Inc., Jason L. Ross, Jason Knowles Pollock, Casey S. Daniel, Michael Balzary, Gurpreet J. Khals, Anthony L. Ray, EMI Virgin Songs, Inc, The End of Music, LLC, Ensign Music LLC, Mad Dog Winston Music, Ltd, Please Gimme My Publishing Inc., Unichappell Music, Inc., Rivers Cuomo, John Anthony Frusciante, Stillwater Restaurants, Inc., St. Croix Crab House, Paul J. Augustyn.(Schultz, William) |
| Filing 14 NOTICE of Pretrial Conference set for 9/28/2007 11:00 AM in In Chambers Hearing before Magistrate Judge Jeanne J. Graham. Signed by Magistrate Judge Jeanne J. Graham on 8/13/07. (Attachments: # 1 Consent Form)(VEM) |
| Filing 13 CERTIFICATE OF SERVICE by Stillwater Restaurants, Inc. re 12 Rule 7.1 - Disclosure Statement, 11 Answer to Complaint (MacLeod, Niall) |
| Filing 12 RULE 7.1 DISCLOSURE STATEMENT by Stillwater Restaurants, Inc. that there is no such parent or publicly held corporation to report. (MacLeod, Niall) |
| Filing 11 WITHDRAWN pursuant to Order filed 4/15/08. ANSWER to Complaint with Jury Demand by Stillwater Restaurants, Inc..(MacLeod, Niall) Modified on 4/15/2008 (RJL). |
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Filing 10
ORDER re 9 Stipulation for extend time to anwser or otherwise plead Defendants shall have until 8/3/07 to answer or otherwise plead. Signed by Magistrate Judge Jeanne J. Graham on 7/23/07. (VEM)
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| Filing 9 Joint STIPULATION Second - To Extend Time To Answer Or Otherwise Plead (Attachments: # 1 Certificate of Service)(MacLeod, Niall) Modified text on 7/20/2007 (jdf). |
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Filing 8
ORDER re 7 First MOTION for Extension of Time to File Answer filed by Stillwater Restaurants, Inc. the time for Defendants to answer, move or otherwise plead is extended. Defendants' Answer or other responsive pleading is now due on July 20, 2007. Signed by Magistrate Judge Jeanne J. Graham on 7/17/07. (VEM)
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| Filing 7 Stipulation for extension of Time to File Answer by Stillwater Restaurants, Inc. (MacLeod, Niall) Modified on 7/10/2007 (dch). |
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Filing 6
ORDER counsel for plaintiff is directed to: 1. Notify defense counsel immediately that he/she is required to make a motion or submit a stipulation for an extension of time to answer or otherwise plead; 2. File an application for entry of default or motion for default unless the required pleading is filed within 10 days; or 3. Advise the undersigned by electronically filing a letter to the Court showing good cause to the contrary. Signed by Magistrate Judge Jeanne J. Graham on 6/25/2007. (jdf)
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| Filing 5 SUMMONS Returned Executed by Plaintiffs. St. Croix Crab House served on 5/10/2007, answer due 5/30/2007. (Schultz, William) Modified on 5/17/2007 (jc). |
| Filing 4 SUMMONS Returned Executed by Plaintiffs. Stillwater Restaurants, Inc. served on 5/10/2007, answer due 5/30/2007. (Schultz, William) Modified on 5/17/2007 (jc). |
| Filing 3 SUMMONS Returned Executed by Plaintiffs. Paul J. Augustyn served on 5/10/2007, answer due 5/30/2007. (Schultz, William) Modified on 5/17/2007 (jc). |
| Filing 2 RULE 7.1 DISCLOSURE STATEMENT by Anthony Kiedis, Chad Gaylord Smith, House of Fun Music, Inc., Spirit One Music, Warner-Tamerlane Publishing Corp, Universal-Songs of Polygram International, Inc., Broadcast Music Inc, Songs of Universal, Inc., Bradley Kirk Arnold, Robert Todd Harrell, Matthew Darrick Roberts, Christopher Lee Henderson, EMI Blackwood Music Inc., Jason L. Ross, Jason Knowles Pollock, Casey S. Daniel, Michael Balzary, Gurpreet J. Khals, Anthony L. Ray, EMI Virgin Songs, Inc, The End of Music, LLC, Ensign Music LLC, Mad Dog Winston Music, Ltd, Please Gimme My Publishing Inc., Unichappell Music, Inc., Rivers Cuomo, John Anthony Frusciante that there is no such parent or publicly held corporation to report. (dch) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 12988.) assigned to Judge Patrick J. Schiltz per Master - Copyright referred to Magistrate Judge Jeanne J. Graham, filed by Anthony Kiedis, Chad Gaylord Smith, House of Fun Music, Inc., Spirit One Music, Warner-Tamerlane Publishing Corp, Universal-Songs of Polygram International, Inc., Broadcast Music Inc, Songs of Universal, Inc., Bradley Kirk Arnold, Robert Todd Harrell, Matthew Darrick Roberts, Christopher Lee Henderson, EMI Blackwood Music Inc., Jason L. Ross, Jason Knowles Pollock, Casey S. Daniel, Michael Balzary, Gurpreet J. Khals, Anthony L. Ray, EMI Virgin Songs, Inc, The End of Music, LLC, Ensign Music LLC, Mad Dog Winston Music, Ltd, Please Gimme My Publishing Inc., Unichappell Music, Inc., Rivers Cuomo, John Anthony Frusciante. (Attachments: # 1 Civil Cover Sheet # 2 Schedule)(dch) |
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