Creative Arts By Calloway, LLC v. Brooks
Plaintiff: Creative Arts By Calloway, LLC
Defendant: Christopher W. Brooks doing business as The Cab Calloway Orchestra
Case Number: 1:2005cv08638
Filed: October 11, 2005
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Victor Marrero
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
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This docket was last retrieved on April 24, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 24, 2009 ***NOTE TO ATTORNEY - VOLUNTARY DISMISSAL FILED IN CLOSED CASE. Note to Attorney Evan Gourvitz Document #56 Stipulation of Voluntary Dismissal, was filed in a closed case. (ml)
April 23, 2009 Filing 56 DOCUMENT FILED IN CLOSED CASE - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) all parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Christopher W. Brooks.(Gourvitz, Evan) Modified on 4/24/2009 (ml).
April 22, 2009 Opinion or Order Filing 55 CONDITIONAL ORDER OF DISCONTINUANCE: this action shall be conditionally discontinued without prejudice and without costs; provided, however, that within 30 (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Otherwise, within such time counsel for plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the settlement is not consummated. Upon such notification, the defendant shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within thirty days of the plaintiff's application for reinstatement, to schedule remaining pre-trial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event plaintiff has not requested restoration of the case to the active calendar within such period of time. The conference scheduled for April 24, 2009 is canceled but shall be rescheduled as set forth above in the event plaintiff notifies the Court that the parties' settlement was not effectuated and that such conference is necessary to resume pretrial proceedings herein. The Clerk of Court is directed to close this case. (Signed by Judge Victor Marrero on 4/22/09) (tro)
April 17, 2009 Opinion or Order Filing 54 ENDORSED LETTER addressed to Judge Victor Marrero from Marc A. Karlin dated 4/16/2009 re: Co-counsel for Plaintiff writes requesting that the Court schedule another Case Management Conference in the near future. ENDORSEMENT: Request GRANTED. A status conference herein is scheduled for 4-24-09 at 5:00 p.m. to address the matter described above by plaintiff. The parties should come prepared to schedule a firm trial to commence within 60 days. No extensions of discovery deadlines will be considered. SO ORDERED. (Signed by Judge Victor Marrero on 4/16/2009) (tve)
January 20, 2009 Opinion or Order Filing 53 ORDER that a settlement conference has been scheduled in the above - captioned act ion on MONDAY, FEBRUARY 2, 2009, at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. SO ORDERED.( Settlement Conference set for 2/2/2009 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 1/13/2009) Copies Mailed By Chambers.(jmi)
January 9, 2009 Minute Entry for proceedings held before Judge Victor Marrero: Pretrial Conference held on 1/9/2009. Judge will refer to Magistrate Judge Dolinger for settlement conference withing the next two weeks if possible and the next four weeks if not. (mro)
January 9, 2009 Opinion or Order Filing 52 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Victor Marrero on 1/9/09) (tro)
January 5, 2009 Opinion or Order Filing 51 ENDORSED LETTER: addressed to Judge Victor Marrero from Marc A. Karlin dated 1/2/09 re: Co-Counsel for plaintiff requests the Court's permission to participate in the Status Conference of January 9, 2009 at 9:30 a.m. via the telephone. ENDORSEMENT: Request Granted. Counsel for plaintiff may participate by telephone at 1/9/09 conference provided local counsel appear in person. So Ordered. ( Telephone Conference set for 1/9/2009 at 09:30 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 1/5/09) (js)
October 30, 2008 Opinion or Order Filing 50 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Initial disclosure pursuant to F.R.C.P. 26(a)(1) to be completed within fourteen(14) days of the date of the parties' conference pursuant to Rule 26(f), specifically by no later than 5/29/2008. Within 120 days of the date of this Order, specifically by no later than 1/6/2009. Initial requests for production of documents to be served by 6/8/2008. Interrogatories to be served by all party by 6/8/2008. Depositions to be completed by 12/23/2008. Requests to Admit to be served no later than 8/22/2008. The next Case Management Conference is scheduled for 1/9/2009 at 9:30 a.m. No further extensions will be considered. SO ORDERED. (Signed by Judge Victor Marrero on 10/17/2008) (tve) .
October 16, 2008 Filing 49 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Creative Arts By Calloway, LLC.(Karlin, Marc)
October 16, 2008 Filing 48 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Creative Arts By Calloway, LLC (Warshavsky, Oren)
October 8, 2008 Filing 47 NOTICE OF APPEARANCE by Robert Jay Bernstein on behalf of Christopher W. Brooks (Bernstein, Robert)
October 8, 2008 Opinion or Order Filing 46 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. Please take notice that the law firm of Kantrowitz, Goldhamer & Graifman, P.C. hereby withdraws from this action as co-counsel for the Plaintiff. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 10/8/2008) (jpo)
September 8, 2008 Opinion or Order Filing 45 CASE MANAGEMENT PLAN: This is to be tried to a jury. All fact discovery is to be completed within one hundred twenty (120) days of the date of this Order, specifically by not later than 11/6/2008. Depositions to be completed by 10/23/2008. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held not later than 11/16/2008. The next Case Management Conference is scheduled for 11/7/2008 9:30 a.m. SO ORDERED. (Signed by Judge Victor Marrero on 8/8/2008) (tve)
September 5, 2008 Filing 44 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Creative Arts By Calloway, LLC.(Karlin, Marc)
August 28, 2008 Filing 43 STIPULATION EXTENDING DISCOVERY DATES; that the remaining discovery deadlines in this action be extended as set forth in the attached proposed Revised Case Management Plan, which the parties expect will allow them to accommodate Ms. Langsams schedule and complete discovery. (Signed by Judge Victor Marrero on 8/28/08) (pl)
August 28, 2008 Opinion or Order Filing 42 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: this case is to be tried to a jury; Next Case Management Conference set for 10/10/2008 at 04:00 PM before Judge Victor Marrero. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 8/28/08) (pl)
July 29, 2008 Opinion or Order Filing 41 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Initial disclosure pursuant to F.R.C.P.26(a)(1) to be completed within 14 days of the date of the parties conference pursuant to Rule 26(f) no later than May 29, 2008. All fact discovery is to be completed within 120 days of this order not later than September 22, 2008. Initial request for production of documents to be served by June 8, 2008. Interrogatories to be served by all parties by June 8, 2008. Depositions to be completed by September 8, 2008. Request to admit to be served no later than August 22, 2008. Following all discovery, all counsel must meet for at least 1 hour to discuss settlement, such conference to be held by not later than October 2, 2008. All parties do not consent to trial by a Magistrate Judge. The next case management conference is scheduled for 10/3/2008 at 5:00 p.m. (Signed by Judge Victor Marrero on 7/29/2008) (jfe)
May 15, 2008 Minute Entry for proceedings held before Judge Victor Marrero: Pretrial Conference held on 5/15/2008, Next Conference set for 9/12/2008 at 02:00 PM before Judge Victor Marrero. Court will endorse case management plan. (jpo)
May 15, 2008 Opinion or Order Filing 40 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Initial disclosure pursuant to F.R.C.P. 26(a)(1) to be completed within fourteen (14) days of the date the parties' conference pursuant to Rule 26(f), specifically by not later than 5/29/2008. All fact discovery is to be completed within one hungered twenty (120) days of the date of this Order, specifically by not later than 9/8/2008. Initial requests fro production of documents to be served by 6/8/2008. Interrogatories to be served by all party by 6/8/2008. Depositions to be completed by 8/1/2008. Requests to admit to be served no later than 8/8/2008. Following all discovery, all counsel must meet for at least one our to discuss settlement, such conference to be held by not later than 10/2/2008. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). The next Case Management Conference is scheduled for 9/12/08 at 2:00 p.m.( Deposition due by 8/1/2008. Discovery due by 9/8/2008. Case Management Conference set for 9/12/2008 at 02:00 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 5/15/2008) (tve)
May 8, 2008 Filing 39 NOTICE of Appearance by Gary Graifman, Esq.. Document filed by Creative Arts By Calloway, LLC. (Karlin, Marc)
April 15, 2008 Opinion or Order Filing 38 ORDER RESCHEDULING CONFERENCE: The conference scheduled for May 16, 2008 at 9:15 a.m. is rescheduled to 5/15/2008 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 4/15/2008) (jpo)
April 11, 2008 Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 4/11/2008. Court grants plaintiff's counsel Fish and Richardson, P.C.'s request to withdraw from the case, effective upon filing of notice of local substitute counsel, which shall be no later than 30 days from today. Parties are directed to confer and submit a case management plan which is to provide for completion of discovery within 120 days from the date new counsel submits the Notice of Appearance. ( Pretrial Conference set for 5/16/2008 at 09:15 AM before Judge Victor Marrero.). (ja)
April 7, 2008 Opinion or Order Filing 37 ENDORSED LETTER addressed to Judge Victor Marrero from Marc A. Karlin dated 4/7/08 re: Co-Counsel Marc A. Karlin for plaintiff Creative Arts by Calloway, LLC requests permission to appear via telephone at the 4/11/08 status conference at 3:30 p.m. ENDORSEMENT: Request GRANTED. Co-counsel for plaintiff Creative Arts herein may participate by telephone in the status conference with the court scheduled for 4/11/08 at 3:30 p.m. SO ORDERED. (Signed by Judge Victor Marrero on 4/7/08) (db)
April 4, 2008 Filing 36 ENDORSED LETTER addressed to Judge Victor Marrero from Anthony L. Fletcher dated 4/3/08 re: Fish & Richardson P.C. intend to move for leave to withdraw from the case and request a pre-motion conference before Your Honor. ENDORSEMENT: The request of counsel to withdraw representation of plaintiff in this action, may be addressed at the status conference scheduled for 4/11/08. (Signed by Judge Victor Marrero on 4/4/08) (tro)
March 25, 2008 Filing 35 NOTICE OF CONFERENCE; All parties are advised that a conference before Judge Marrero has been scheduled for 4/11/2008 at 3:30 in Courtroom 20B. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Marrero's Individual Practices. (Signed by Judge Victor Marrero on 3/25/2008) (jp)
February 22, 2008 Filing 34 NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Richard Owen is no longer assigned to the case. (jeh)
March 29, 2007 Filing 33 ANSWER to Complaint. Document filed by Christopher W. Brooks.(Gourvitz, Evan)
March 29, 2007 Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Christopher W. Brooks.(Gourvitz, Evan)
March 12, 2007 Opinion or Order Filing 31 ORDER plaintiff's motion for summary Judgment is according granted as to the audio and video recordings and sales thereof, and denied as to the lyrics posted on the wedsite.SO ORDERED. (Signed by Judge Richard Owen on 3/12/2007) (jmi)
March 21, 2006 Filing 30 TRANSCRIPT of proceedings held on 03/03/06 before Judge Richard Owen. (es, )
March 14, 2006 CASHIERS OFFICE REMARK on #28 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 3/10/2006, Receipt Number 572437. (jd, )
March 3, 2006 Minute Entry for proceedings held before Judge Richard Owen : Oral Argument held on 3/3/2006 re: #6 Order on Motion to Appear Pro Hac Vice. (pl, )
March 3, 2006 Filing 29 DECLARATION of Evan Gourvitz in Reply to Declarations of Plaintiff's Counsel re: #23 Declaration, #22 Declaration. Document filed by Christopher W. Brooks. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Gourvitz, Evan)
February 23, 2006 Opinion or Order Filing 28 ORDER ADMITTING ATTORNEY MARK A. FISCHER PRO HAC VICE. (Signed by Judge Richard Owen on 2/23/06) (jco, )
February 10, 2006 Filing 27 CERTIFICATE OF SERVICE of Declarations of Marc Karlin and Anthony Fletcher served on Evan Gourvitz on February 10, 2006. Service was made by mail. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 10, 2006 Filing 26 DECLARATION of Christopher Brooks in Support re: #7 MOTION for Summary Judgment.. Document filed by Christopher W. Brooks. (Attachments: #1 Exhibit 16#2 Exhibit 17#3 Exhibit 18#4 Exhibit 19#5 Exhibit 20#6 Exhibit 21#7 Exhibit 22#8 Exhibit 23#9 Exhibit 24#10 Exhibit 25#11 Exhibit 26#12 Exhibit 27)(Gourvitz, Evan)
February 10, 2006 Filing 25 DECLARATION of Roger L Zissu in Support re: #7 MOTION for Summary Judgment.. Document filed by Christopher W. Brooks. (Attachments: #1 Exhibit 28#2 Exhibit 28 part 2#3 Exhibit 29#4 Exhibit 30#5 Exhibit 31)(Gourvitz, Evan)
February 10, 2006 Filing 24 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION for Summary Judgment.. Document filed by Christopher W. Brooks. (Gourvitz, Evan)
February 10, 2006 Filing 23 DECLARATION of Anthony L. Fletcher. Document filed by Creative Arts By Calloway, LLC. (Attachments: #1 Exhibit A#2 Exhibit B)(Fletcher, Anthony)
February 10, 2006 Filing 22 DECLARATION of Marc A. Karlin. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 6, 2006 Filing 21 DECLARATION of Declaration of Evan Gourvitz in Opposition to Application for Certificate for Default in Opposition re: #18 Affidavit. Document filed by Christopher W. Brooks. (Gourvitz, Evan)
February 6, 2006 Filing 20 DECLARATION of Declaration of Roger L. Zissu in Opposition to Application for Certificate for Default in Opposition re: #18 Affidavit. Document filed by Christopher W. Brooks. (Gourvitz, Evan)
February 1, 2006 Filing 19 CERTIFICATE OF SERVICE of Plaintiff Response to Defendant Motion for Summary Judgment, Declaration of Christopher L. Calloway, Declaration of Cabella Calloway Langsam In Opposition to Defendant Motion for Summary Judgment, Affidavit Pursuant to Fed.R.Civ.P. 55(a) and Local Rule 55.1 for Certificate of Default, Declaration of Marc A. Karlin In Opposition to Defendant Motion for Summary Judgment, Plaintiff Response To Defendant Local Rule 56.1 Statement Of Material Facts served on Evan Gourvitz, Roger Zissu, Justin Deabler on 02-01-06. Service was accepted by N. Orlova-Silgerfarg. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 1, 2006 Filing 18 AFFIDAVIT of Anthony L. Fletcher Pursuant to Fed.R.Civ.P. 55(a) and Local Civil Rule 55.1 for Certificate of Default. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 1, 2006 Filing 17 RESPONSE re: #11 Rule 56.1 Statement Plaintiff's Response to Defendant's Local Civil Rule 56.1 Statement of Material Facts. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 1, 2006 Filing 16 DECLARATION of Marc A. Karlin in Opposition re: #7 MOTION for Summary Judgment.. Document filed by Creative Arts By Calloway, LLC. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P)(Fletcher, Anthony)
February 1, 2006 Filing 15 DECLARATION of Cabella Calloway Langsam in Opposition re: #7 MOTION for Summary Judgment.. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 1, 2006 Filing 14 DECLARATION of Christopher L. Calloway in Opposition re: #7 MOTION for Summary Judgment.. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
February 1, 2006 Filing 13 RESPONSE to Motion re: #7 MOTION for Summary Judgment. Plaintiff's Response to Defendant's Motion for Summary Judgment. Document filed by Creative Arts By Calloway, LLC. (Fletcher, Anthony)
January 27, 2006 CASHIERS OFFICE REMARK on #6 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 1/25/2006, Receipt Number 568443. (jd, )
January 20, 2006 Opinion or Order Filing 12 STIPULATION AND ORDER; that the dft have until 1/12/06, to answer or otherwise respond to the complaint. (Signed by Judge Richard Owen on 1/20/06) (pl, )
January 20, 2006 Set Answer Due Date purs. to #12 Stipulation and Order as to Christopher W. Brooks answer due on 1/12/2006. (pl, )
January 19, 2006 Filing 11 RULE 56.1 STATEMENT. Document filed by Christopher W. Brooks. (Gourvitz, Evan)
January 19, 2006 Filing 10 DECLARATION of Evan Gourvitz in Support re: #7 MOTION for Summary Judgment.. Document filed by Christopher W. Brooks. (Attachments: #1 Exhibit 7#2 Exhibit 8#3 Exhibit 9#4 Exhibit 10#5 Exhibit 11#6 Exhibit 12#7 Exhibit 13#8 Exhibit 14#9 Exhibit 15)(Gourvitz, Evan)
January 19, 2006 Filing 9 DECLARATION of Christopher Brooks in Support re: #7 MOTION for Summary Judgment.. Document filed by Christopher W. Brooks. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Gourvitz, Evan)
January 19, 2006 Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION for Summary Judgment.. Document filed by Christopher W. Brooks. (Gourvitz, Evan)
January 19, 2006 Filing 7 MOTION for Summary Judgment. Document filed by Christopher W. Brooks. Return Date set for 2/17/2006 02:30 PM. (Gourvitz, Evan)
November 3, 2005 Opinion or Order Filing 6 ORDER granting #3 Motion for Joel Leviton to Appear Pro Hac Vice . (Signed by Judge Richard Owen on 11/3/05) (db, )
November 3, 2005 Opinion or Order Filing 5 ORDER granting #4 Motion for Marc A. Karlin to Appear Pro Hac Vice . (Signed by Judge Richard Owen on 11/3/05) (db, )
October 28, 2005 Filing 4 MOTION for an order, admitting Marc A. Karlin to Appear Pro Hac Vice. Document filed by Creative Arts By Calloway, LLC. (sac, )
October 27, 2005 Filing 3 MOTION for Joel Leviton to Appear Pro Hac Vice. Proposed Order attached. Document filed by Creative Arts By Calloway, LLC. (db, )
October 11, 2005 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Creative Arts By Calloway, LLC.(lb, ) Additional attachment(s) added on 10/17/2005 (lb, ).
October 11, 2005 Filing 1 COMPLAINT against Christopher W. Brooks. (Filing Fee $ 250.00, Receipt Number 557588)Document filed by Creative Arts By Calloway, LLC.(lb, ) Additional attachment(s) added on 10/13/2005 (laq, ). Additional attachment(s) added on 10/17/2005 (lb, ).
October 11, 2005 Magistrate Judge Michael H. Dolinger is so designated. (lb, )
October 11, 2005 SUMMONS ISSUED as to Christopher W. Brooks. (lb, )
October 11, 2005 Mailed notice to Register of Copyrights to report the filing of this action. (lb, )
October 11, 2005 Case Designated ECF. (lb, )

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Defendant: Christopher W. Brooks doing business as The Cab Calloway Orchestra
Represented By: Robert Jay Bernstein
Represented By: Evan Gourvitz
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Plaintiff: Creative Arts By Calloway, LLC
Represented By: Marc Allan Karlin
Represented By: Oren J. Warshavsky
Represented By: Anthony Lee Fletcher
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