Broadcast Music, Inc. et al v. Wheelz Now, LLC et al
Plaintiff: Broadcast Music, Inc., Nashville Star Music, Peppermint Stripe Music, Carnival Music Company, Interior Music Corp., Songs of Emchant, Sony/ATVSongs LLC, Songs of Universal, Inc., EMI Blackwood Music, Inc., Fame Publishing Company LLC, Carnival Music Company doing business as Tiltawhirl Music and Sony/ATVSongs LLC doing business as Sony/ATV Tree Publishing
Defendant: Wheelz Now, LLC, Peter Ancona and Wheelz Now, LLC doing business as Maxwells
Case Number: 5:2019cv00943
Filed: August 2, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: David N Hurd
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2019 Filing 21 Report on the Filing and Determination of an Action Regarding Copyright(s). [Served upon Register of Copyrights by reg mail.] (sfp, )
December 3, 2019 Opinion or Order Filing 20 ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Judge David N. Hurd on 12/3/19. (sfp, )
December 2, 2019 Filing 19 STIPULATION of Dismissal by Broadcast Music, Inc., Carnival Music Company, EMI Blackwood Music, Inc., Fame Publishing Company LLC, Interior Music Corp., Nashville Star Music, Peppermint Stripe Music, Songs of Emchant, Songs of Universal, Inc., Sony/ATVSongs LLC submitted to Judge Hon. David N. Hurd. (Palfreyman, Brendan)
October 25, 2019 Filing 18 TEXT ORDER: In light of the verbal notification from counsel that this case is in the process of settling, the Rule 16 conference set for 10/31/2019 and 10/24/2019 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. Counsel are directed to submit a stipulation of dismissal, on or before 11/25/2019, or, in the alternative, a status report regarding an update on settlement discussions. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/25/2019. (nmk)
October 4, 2019 Filing 17 TEXT ORDER: granting #16 Letter Request. The time for defendants Peter Ancona and Wheelz Now, LLC to answer or otherwise respond to the complaint is extended to 10/21/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/4/2019. (nmk)
September 30, 2019 Filing 16 Letter Motion from Michael J. Balestra for Peter Ancona, Wheelz Now, LLC requesting Extention of Time to Respond to Complaint to 10-21-19 submitted to Judge Andrew T. Baxter . (Attachments: #1 Stipulation to Extend Time to Answer to 10-21-19)(Balestra, Michael)
September 30, 2019 Filing 15 TEXT ORDER: granting #14 Letter Request. The time for defendants Peter Ancona and Wheelz Now, LLC to answer or otherwise respond to the complaint is extended to 9/30/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/30/2019. (nmk)
September 27, 2019 Filing 14 Letter Motion from Michael J. Balestra for Peter Ancona, Wheelz Now, LLC requesting Extenion of time to answer to Sept. 30, 2019 submitted to Judge Andrew T. Baxter . (Attachments: #1 Stipulation & Order)(Balestra, Michael)
September 26, 2019 Filing 13 TEXT ORDER: granting #11 Letter Request. The time for defendants Peter Ancona and Wheelz Now, LLC to answer or otherwise respond to the complaint is extended to 9/27/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/26/2019. (nmk)
September 24, 2019 Filing 12 NOTICE of Appearance by Brendan M. Palfreyman on behalf of All Plaintiffs (Palfreyman, Brendan)
September 24, 2019 Filing 11 Letter Motion from Michael J. Balestra for Peter Ancona, Wheelz Now, LLC requesting Extension of time to answer submitted to Judge Andrew T. Baxter . (Attachments: #1 Stipulation and Order to Extend Time to Answer)(Balestra, Michael)
August 23, 2019 Filing 10 TEXT ORDER: granting #8 Letter Request. The time for defendants Peter Ancona and Wheelz Now, LLC to answer or otherwise respond to the complaint is extended to 9/20/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/23/2019. (nmk)
August 22, 2019 Filing 9 NOTICE of Appearance by Michael J. Balestra on behalf of All Defendants (Balestra, Michael)
August 22, 2019 Filing 8 Letter Motion from Michael J. Balestra for Wheelz Now, LLC requesting Stipulation and Order to Extend Time for Defendants to Respond to Complaint submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Proposed Order/Judgment Proposed Stipulation and Order to Extend Time for Defendants to Respond to Complaint)(Balestra, Michael)
August 12, 2019 Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Peter Ancona, Individually on August 7, 2019, filed by Broadcast Music, Inc., Carnival Music Company, EMI Blackwood Music, Inc., Fame Publishing Company LLC, Interior Music Corp., Nashville Star Music, Peppermint Stripe Music, Songs of Emchant, Songs of Universal, Inc., Sony/ATVSongs LLC. (Williams, Ted)
August 12, 2019 Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Wheelz Now, LLC d/b/a Maxwells on August 7, 2019, filed by Broadcast Music, Inc., Carnival Music Company, EMI Blackwood Music, Inc., Fame Publishing Company LLC, Interior Music Corp., Nashville Star Music, Peppermint Stripe Music, Songs of Emchant, Songs of Universal, Inc., Sony/ATVSongs LLC. (Williams, Ted)
August 12, 2019 ***Answer due date updated for Peter Ancona answer due 8/28/2019; Wheelz Now, LLC answer due 8/28/2019. (sfp, )
August 2, 2019 Filing 5 Report on the Filing and Determination of an Action Regarding a Copyright(s){Mailed Report to Register of Copyrights) (mgh)
August 2, 2019 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/31/2019 02:00 PM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/24/2019. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600.(Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
August 2, 2019 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Broadcast Music, Inc., Carnival Music Company, EMI Blackwood Music, Inc., Fame Publishing Company LLC, Interior Music Corp., Nashville Star Music, Songs of Emchant, Songs of Universal, Inc., Sony/ATVSongs LLC identifying Corporate Parent Fame Publishing Company, Inc. for Fame Publishing Company LLC; Corporate Parent EMI Group Global Ltd. for EMI Blackwood Music, Inc.; Corporate Parent Sony Music Entertainment, Inc. for Sony/ATVSongs LLC; Corporate Parent TEGNA, Inc. for Broadcast Music, Inc.; Corporate Parent Vivendi SA for Songs of Universal, Inc. (mgh)
August 2, 2019 Filing 2 Summons Issued as to Peter Ancona, Wheelz Now, LLC. (Attachments: #1 Summons Issued as to Peter Ancona)(mgh)
August 2, 2019 Filing 1 COMPLAINT against Peter Ancona, Wheelz Now, LLC (Filing fee $400 receipt number ANYNDC-4819774) filed by Sony/ATVSongs LLC, Songs of Emchant, Peppermint Stripe Music, Interior Music Corp., EMI Blackwood Music, Inc., Nashville Star Music, Broadcast Music, Inc., Carnival Music Company, Fame Publishing Company LLC, Songs of Universal, Inc.. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(mgh)

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Plaintiff: Broadcast Music, Inc.
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Nashville Star Music
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Peppermint Stripe Music
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Carnival Music Company
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Interior Music Corp.
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Songs of Emchant
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Sony/ATVSongs LLC
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Songs of Universal, Inc.
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: EMI Blackwood Music, Inc.
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Fame Publishing Company LLC
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Carnival Music Company doing business as Tiltawhirl Music
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Plaintiff: Sony/ATVSongs LLC doing business as Sony/ATV Tree Publishing
Represented By: Ted H. Williams
Represented By: Brendan M. Palfreyman
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Defendant: Wheelz Now, LLC
Represented By: Michael J. Balestra
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Defendant: Peter Ancona
Represented By: Michael J. Balestra
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Defendant: Wheelz Now, LLC doing business as Maxwells
Represented By: Michael J. Balestra
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