Tolliver v. McCants et al

Tolliver v. McCants et al

Plaintiff:	Orrin Lynn Tolliver, Jr.
Defendant:	UMG Recordings, Inc., James Louis McCants an individual doing business as Jimi Mac Music doing business as OG Music, Will Adams, Will I Am Music, Inc. and Cherry River Music Company
Case Number:	1:2005cv10840
Filed:	December 29, 2005
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Michael H Dolinger
Referring Judge:	John F Keenan
Nature of Suit:	Copyright
Cause of Action:	17 U.S.C. § 101
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on September 25, 2012. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 25, 2012	Filing 98 MANDATE of USCA (Certified Copy) as to #91 Notice of Appeal filed by James Louis McCants USCA Case Number 11-2697. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/25/2012. (nd)
August 25, 2011	Filing 97 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/21/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 25, 2011	Filing 96 TRANSCRIPT of Proceedings re: Hearing held on 6/21/2011 before Judge John F. Keenan. Court Reporter/Transcriber: Joseph Quinones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/29/2011. Release of Transcript Restriction set for 11/28/2011.(McGuirk, Kelly)
August 25, 2011	Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/20/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 25, 2011	Filing 94 TRANSCRIPT of Proceedings re: HEARING held on 6/20/2011 before Judge John F. Keenan. Court Reporter/Transcriber: Joseph Quinones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/29/2011. Release of Transcript Restriction set for 11/28/2011.(McGuirk, Kelly)
August 17, 2011	Filing 93 Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from James Louis McCants received on August 5, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from James Louis McCants mailed on August 17, 2011. (vn)
July 8, 2011	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #40 Reply Memorandum of Law in Support of Motion filed by Orrin Lynn Tolliver, Jr., #5 Stipulation and Order, #51 Declaration in Opposition to Motion, filed by James Louis McCants, #33 Rule 56.1 Statement filed by Orrin Lynn Tolliver, Jr., #26 MOTION for Summary Judgment. filed by James Louis McCants, #83 Proposed Voir Dire Questions filed by Orrin Lynn Tolliver, Jr., #76 Endorsed Letter, #60 Memorandum & Opinion, #16 Notice (Other) filed by Orrin Lynn Tolliver, Jr., #25 Notice of Change of Address, filed by Orrin Lynn Tolliver, Jr., #55 SECOND MOTION for Summary Judgment to Dismiss Defendant's Affirmative Defenses of Waiver and Acquiessence. filed by Orrin Lynn Tolliver, Jr., #84 Proposed Jury Instructions filed by Orrin Lynn Tolliver, Jr., #78 Order,, #29 Declaration in Support of Motion, filed by James Louis McCants, #27 Rule 56.1 Statement filed by James Louis McCants, #57 Rule 56.1 Statement filed by Orrin Lynn Tolliver, Jr., #36 Declaration in Opposition to Motion filed by Orrin Lynn Tolliver, Jr., #77 Order, Set Deadlines/Hearings,, #52 Declaration in Opposition to Motion filed by James Louis McCants, #67 MOTION in Limine to Preclude Defendant James Louis McCants from Challenging Third Party Evidence Concerning Damages. filed by Orrin Lynn Tolliver, Jr., #30 Reply Memorandum of Law in Support of Motion filed by James Louis McCants, #56 Memorandum of Law in Support of Motion filed by Orrin Lynn Tolliver, Jr., #70 Memorandum of Law in Support of Motion filed by Orrin Lynn Tolliver, Jr., #35 Declaration in Opposition to Motion filed by Orrin Lynn Tolliver, Jr., #31 Declaration in Support of Motion filed by James Louis McCants, #45 Memorandum of Law in Opposition to Motion filed by Orrin Lynn Tolliver, Jr., 89 Remark, #22 Order, Set Deadlines/Hearings,, #80 Notice of Appearance filed by James Louis McCants, #12 Affidavit of Service Other, filed by Orrin Lynn Tolliver, Jr., #87 Order Reopening Case, #17 Notice of Change of Address filed by James Louis McCants, #50 Memorandum of Law in Opposition to Motion filed by James Louis McCants, #44 Declaration in Support of Motion, filed by James Louis McCants, #8 MOTION for Extension of Time to File Response to Order to Show Cause. filed by James Louis McCants, #1 Complaint, filed by Orrin Lynn Tolliver, Jr., #10 MOTION to Set Aside Default. filed by James Louis McCants, #23 Endorsed Letter, #6 Endorsed Letter, #58 Declaration in Support of Motion,, filed by Orrin Lynn Tolliver, Jr., #42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment. filed by James Louis McCants, #92 Judgment, #91 Notice of Appeal filed by James Louis McCants, #61 Endorsed Letter, Set Hearings,, 90 Pro Se Acknowledgment Letter Mailed, #13 Answer to Complaint filed by James Louis McCants, #81 Order, #46 Endorsed Letter, Set Hearings,, #15 Notice (Other) filed by Orrin Lynn Tolliver, Jr., #72 Certificate of Service Other filed by Orrin Lynn Tolliver, Jr., #19 Order Referring Case to Magistrate Judge, #34 Declaration in Opposition to Motion filed by Orrin Lynn Tolliver, Jr., #68 MOTION in Limine to Preclude Defendant James Louis McCants from Rearguing Issues Concerning Liability. filed by Orrin Lynn Tolliver, Jr., #9 MOTION to Set Aside Default. filed by James Louis McCants, #41 Memorandum & Opinion, #74 Order of Discontinuance, #38 Memorandum of Law in Opposition to Motion, filed by Orrin Lynn Tolliver, Jr., #53 Counter Statement to Rule 56.1 filed by James Louis McCants, #43 Memorandum of Law in Support of Motion filed by James Louis McCants, #20 Order, Set Deadlines/Hearings, #24 Endorsed Letter, Set Deadlines/Hearings,, #65 Memorandum of Law in Support of Motion filed by Orrin Lynn Tolliver, Jr., #37 Declaration in Opposition to Motion filed by Orrin Lynn Tolliver, Jr., #14 Order, #18 Stipulation and Order of Dismissal, #48 Memorandum & Opinion,,, #64 MOTION in Limine to Preclude Defendant James Louis McCants from Providing Opinion Testimony. filed by Orrin Lynn Tolliver, Jr., #62 Endorsed Letter, Set Deadlines/Hearings,, #69 Memorandum of Law in Support of Motion, filed by Orrin Lynn Tolliver, Jr., #3 Summons Returned Executed filed by Orrin Lynn Tolliver, Jr., #4 Summons Returned Executed filed by Orrin Lynn Tolliver, Jr., #79 APPLICATION for the Court to Request Counsel. filed by Orrin Lynn Tolliver, Jr., #39 MOTION for Summary Judgment. filed by Orrin Lynn Tolliver, Jr., #32 Counter Statement to Rule 56.1 filed by James Louis McCants, #7 Order to Show Cause, filed by Orrin Lynn Tolliver, Jr., #59 Reply Memorandum of Law in Support of Motion filed by Orrin Lynn Tolliver, Jr., #75 Endorsed Letter, #21 Scheduling Order, #86 Pretrial Statement filed by Orrin Lynn Tolliver, Jr., #54 Declaration in Support filed by James Louis McCants, #49 Stipulation and Order, #88 Jury Verdict, #63 Notice of Appearance filed by Orrin Lynn Tolliver, Jr., #82 Order,, #73 Order on Motion in Limine,,,,,,,,,,, #11 Memorandum of Law in Support of Motion filed by James Louis McCants, #71 Declaration in Support of Motion, filed by Orrin Lynn Tolliver, Jr., #66 MOTION in Limine to Preclude Defendant James Louis McCants from Introducing Evidence Not Previously Produced. filed by Orrin Lynn Tolliver, Jr., #28 Memorandum of Law in Support of Motion filed by James Louis McCants, #47 Reply Memorandum of Law in Support of Motion filed by James Louis McCants, #85 Pretrial Memorandum filed by Orrin Lynn Tolliver, Jr. USCA Case Number 11-2697, were transmitted to the U.S. Court of Appeals. (tp)
June 27, 2011	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #91 Notice of Appeal. (tp)
June 27, 2011	Transmission of Notice of Appeal to the District Judge re: #91 Notice of Appeal. (tp)
June 24, 2011	Filing 92 JUDGMENT #11,1226 in favor of Orrin Lynn Tolliver, Jr against James Louis McCants in the amount of $ 1,185,581.59. (Signed by Judge John F. Keenan on 6/24/11) (Attachments: #1 notice of right to appeal)(ml)
June 21, 2011	Filing 88 JURY VERDICT for Plaintiff. (Court Exhibit #4 at 3:45 pm on 6/21/2011)(tro)
June 21, 2011	Minute Entry for proceedings held before Judge John F. Keenan: Jury Trial completed on 6/21/2011. Total damages awarded to Plaintiff $1,185,581.59 (ft)
June 20, 2011	Minute Entry for proceedings held before Judge John F. Keenan: Jury Trial held on 6/20/2011. Jury empaneled and sworn. Trial to continue 6/21/11. (ft)
June 20, 2011	Filing 87 ORDER: The parties having failed to consummate a settlement within the time period contemplated in the Court's December 7, 2010 Order of Discontinuance, the Clerk is hereby directed to reopen this case and restore it to the Court's calendar. (Signed by Judge John F. Keenan on 6/20/2011) (jpo)
June 17, 2011	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Oren J. Warshavsky to E-MAIL to judgments@nysd.uscourts.gov., Document No. #86 Pre-trial Order. This document is not filed via ECF. (ka)
June 15, 2011	Filing 86 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(PRE-TRIAL ORDER) - PRETRIAL STATEMENT. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren) Modified on 6/17/2011 (ka).
June 15, 2011	Filing 85 PRETRIAL MEMORANDUM. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
June 15, 2011	Filing 84 PROPOSED JURY INSTRUCTIONS. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
June 15, 2011	Filing 83 PROPOSED VOIR DIRE QUESTIONS. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
June 14, 2011	Filing 91 NOTICE OF APPEAL from #60 Memorandum & Opinion. Document filed by James Louis McCants. (tp)
June 14, 2011	Appeal Remark as to #91 Notice of Appeal filed by James Louis McCants. NO FEE. IFP GRANTED 4/19/11. (tp)
June 7, 2011	Filing 82 ORDER: The Pro Se Office of this Court has contacted numerous attorneys over the past seven weeks, but could not find bono counsel to represent Mr. McCants. Therefore, the copyright damages trial will proceed as scheduled on June 20, 2011 at10:00 a.m. in Courtroom 20-C. Mr. McCants may represent himself. The parties should submit proposed voir dire questions (questions a party would like the Judge to ask prospective jurors during jury selection) and requests to charge (statement of the law a party would I the Judge to t I the jurors to guide their deliberations) by the close of business on June 15, 2011 (Signed by Judge John F. Keenan on 6/7/2011) (js)
May 27, 2011	Filing 81 ORDER: For the reasons set forth on this Order, if the Pro Se Office cannot secure pro bono counsel to represent Defendant by the close of business June 6, 2011, the damages trial will proceed as scheduled on June 20, 2011. (Signed by Judge John F. Keenan on 5/27/2011) (ab)
April 19, 2011	Filing 80 NOTICE OF APPEARANCE by James Louis McCants. (mbe) Modified on 4/29/2011 (mbe).
April 19, 2011	Filing 79 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Orrin Lynn Tolliver, Jr.(mbe)
April 19, 2011	Filing 78 ORDER: The Court has received pro se Defendant James Louis McCants' Request to Proceed In Forma Pauperis and Application for the Court to Request Pro Bono Counsel dated April 11, 2011. Defendant affirms that he has no income, no resources to retain counsel, and little knowledge of legal process. In light Defendant's financial circumstances and the upcoming copyright damages trial, both applications are granted. The Court directs the Pro Se Office to make every effort to secure pro bono counsel to represent Defendant, but if counsel cannot be obtained, the damages trial will proceed as scheduled on June 20, 2011. (Signed by Judge John F. Keenan on 4/19/2011) (ae) Modified on 4/22/2011 (tro).
April 5, 2011	Minute Entry for proceedings held before Judge John F. Keenan: Initial Pretrial Conference held on 4/5/2011. (mbe)
February 7, 2011	Filing 77 ORDER: Defense counsel's request to withdraw is denied. The parties are directed to attend a status conference on 4/5/11 at 10:30 a.m. in Courtroom 20-C. Defendant James McCants is directed to appear personally at the conference with counsel; Defendant's failure to appear will result in imposition of sanctions as appropriate. (Signed by Judge John F. Keenan on 2/7/2011) (jfe)
January 24, 2011	Filing 76 ENDORSED LETTER addressed to Judge John F. Keenan from Oren J. Warsdhavsky dated 1/21/2011 re: Counsel request an additional 10 days to consummate the settlement and provide Your Honor with the stipulated judgment. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge John F. Keenan on 1/24/2011) (jfe)
January 10, 2011	Filing 75 ENDORSED LETTER addressed to Judge John F. Keenan from Oren J. Warshavshky dated January 6, 2011 re: Pursuant to Your Honor's order of December 7,2010, we request an additional 14 days to consummate the settlement and provide Your Honor with the stipulated judgment. ENDORSEMENT: The application is granted. SO ORDERED. (Signed by Judge John F. Keenan on 1/7/2011) (jmi)
December 7, 2010	Filing 74 ORDER OF DISCONTINUANCE: It is hereby ORDERED that this action is discontinued, without costs to either party, subject to reopening if the settlement is not consummated within 30 days of the date of this Order. If the parties wish to reopen this matter or extend the time within which they may settle it, they must make a letter application before this 30 day settlement period expires. (Signed by Judge John F. Keenan on 12/7/2010) (jfe)
December 3, 2010	Filing 73 ORDER: Having received no opposition, Plaintiff's motions in limine to preclude Defendant James McCants from: (1) offering expert testimony or acting as his own expert witness pursuant to Rule 26 of the Federal Rules of Civil Procedure; (2) offering evidence not previously produced in discovery (3) challenging damages evidence obtained from third parties; and (4) re-litigating issues of liability already decided by the Court at the damages trial scheduled to begin December 6, 2010 are hereby GRANTED. ORDER granting #64 Motion in Limine; granting #66 Motion in Limine; granting #67 Motion in Limine; granting #68 Motion in Limine. (Signed by Judge John F. Keenan on 12/3/10) (db)
November 15, 2010	Filing 72 CERTIFICATE OF SERVICE of Plaintiff's Motions in Limine and Supporting Papers served on Defendant James Louis McCants on November 15, 2010. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
November 15, 2010	Filing 71 DECLARATION of Oren J. Warshavsky in Support re: #64 MOTION in Limine to Preclude Defendant James Louis McCants from Providing Opinion Testimony., #67 MOTION in Limine to Preclude Defendant James Louis McCants from Challenging Third Party Evidence Concerning Damages., #66 MOTION in Limine to Preclude Defendant James Louis McCants from Introducing Evidence Not Previously Produced.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
November 15, 2010	Filing 70 MEMORANDUM OF LAW in Support re: #68 MOTION in Limine to Preclude Defendant James Louis McCants from Rearguing Issues Concerning Liability.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
November 15, 2010	Filing 69 MEMORANDUM OF LAW in Support re: #67 MOTION in Limine to Preclude Defendant James Louis McCants from Challenging Third Party Evidence Concerning Damages., #66 MOTION in Limine to Preclude Defendant James Louis McCants from Introducing Evidence Not Previously Produced.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
November 15, 2010	Filing 68 MOTION in Limine to Preclude Defendant James Louis McCants from Rearguing Issues Concerning Liability. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
November 15, 2010	Filing 67 MOTION in Limine to Preclude Defendant James Louis McCants from Challenging Third Party Evidence Concerning Damages. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
November 15, 2010	Filing 66 MOTION in Limine to Preclude Defendant James Louis McCants from Introducing Evidence Not Previously Produced. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
November 15, 2010	Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION in Limine to Preclude Defendant James Louis McCants from Providing Opinion Testimony.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
November 15, 2010	Filing 64 MOTION in Limine to Preclude Defendant James Louis McCants from Providing Opinion Testimony. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
November 3, 2010	Filing 63 NOTICE OF APPEARANCE by Gregory Paul Vidler on behalf of Orrin Lynn Tolliver, Jr (Vidler, Gregory)
August 23, 2010	Filing 62 ENDORSED LETTER addressed to Judge John F. Keenan from Oren J. Warshavsky dated 8/20/2010 re: Requesting that the Court schedule a conference so that we may address these issues and bring this case to conclusion. ENDORSEMENT: The application is granted. The parties are directed to appear for a conference on September 20, 2010 at 10:00 am in Courtroom 9-A. (Signed by Judge John F. Keenan on 8/23/2010) (jpo)
March 12, 2010	Minute Entry for proceedings held before Judge John F. Keenan: Pretrial Conference held on 3/12/2010. Next Conference set for 6/1/2010 at 10:00 AM before Judge John F. Keenan. (mro)
February 22, 2010	Filing 61 ENDORSED LETTER addressed to Judge John F. Keenan from Scott Zarin dated 2/11/2010 re: Counsel writes requesting a continuance of the conference scheduled for 3/2 until the following week or a date after that which is convenient for the Court. ENDORSEMENT: The application is granted. The conference is adjourned until 3/12/2010 at 10:15 a.m. SO ORDERED. (Signed by Judge John F. Keenan on 2/10/2010) (tve)
January 21, 2010	Filing 60 OPINION AND ORDER: # 98474 Plaintiff's motion for summary judgment on McCants' affirmative defense of aquiescence is granted. The parties are directed to appear for a conference on the issue of damages on March 2, 2010 at 11:00 a.m. So Ordered (Signed by Judge John F. Keenan on 1/21/2010) (js) Modified on 1/22/2010 (ajc).
January 21, 2010	Set Deadlines/Hearings: Status Conference set for 3/2/2010 at 11:00 AM before Judge John F. Keenan. (js)
July 29, 2009	Filing 59 REPLY MEMORANDUM OF LAW in Support re: #55 SECOND MOTION for Summary Judgment to Dismiss Defendant's Affirmative Defenses of Waiver and Acquiessence.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
July 29, 2009	Filing 58 DECLARATION of Oren Warshavsky in Support re: #55 SECOND MOTION for Summary Judgment to Dismiss Defendant's Affirmative Defenses of Waiver and Acquiessence.. Document filed by Orrin Lynn Tolliver, Jr. (Attachments: #1 Exhibit Exhibits A (May 6, 2008 Declaration of Orrin Lynne Tolliver), #2 Exhibit Exhibit B (May 18, 2008 Declaration of Gabin Rubin), #3 Exhibit Exhibit C (May 18, 2008 Declaration of Jay Berger), #4 Exhibit Exhibit D Part 1 (May 30, 2008 Declaration of Oren Warshavsky and Exhibits 1-3 thereof), #5 Exhibit Exhibit D - Part 2 (Exhibits 4-10 of the May 30, 2008 Declaration of Oren Warshavsky))(Warshavsky, Oren)
July 29, 2009	Filing 57 RULE 56.1 STATEMENT. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
July 29, 2009	Filing 56 MEMORANDUM OF LAW in Support re: #55 SECOND MOTION for Summary Judgment to Dismiss Defendant's Affirmative Defenses of Waiver and Acquiessence.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
July 29, 2009	Filing 55 SECOND MOTION for Summary Judgment to Dismiss Defendant's Affirmative Defenses of Waiver and Acquiessence. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
July 29, 2009	Filing 54 DECLARATION of Scott Zarin, Esq. in Support re: #53 Counter Statement to Rule 56.1. Document filed by James Louis McCants. (Zarin, Scott)
July 29, 2009	Filing 53 COUNTER STATEMENT TO Document filed by James Louis McCants. (Zarin, Scott)
July 29, 2009	Filing 52 DECLARATION of James McCants in Opposition re: #39 MOTION for Summary Judgment.. Document filed by James Louis McCants. (Zarin, Scott)
July 29, 2009	Filing 51 DECLARATION of Scott Zarin, Esq. in Opposition re: #39 MOTION for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6, #6 Exhibit Part 7A, #7 Exhibit Part 7B, #8 Exhibit Part 8)(Zarin, Scott)
July 29, 2009	Filing 50 MEMORANDUM OF LAW in Opposition re: #39 MOTION for Summary Judgment. on Defendant's Acquiescence and Waiver Defenses. Document filed by James Louis McCants. (Attachments: #1 Supplement, #2 Supplement)(Zarin, Scott)
July 16, 2009	Filing 49 JOINT STIPULATION: The time for Defendant McCants to serve his response to Plaintiff Tolliver's motion for summary judgment, previously due on 7/3/09, is extended until 7/15/09. The time for Plaintiff Tolliver to serve his reply in support of his motion for summary judgment, currently due on 7/10/09, is extended until 7/29/09. (Signed by Judge John F. Keenan on 7/16/09) (tro)
May 26, 2009	Filing 48 MEMORANDUM OPINION & ORDER re: #97552 #42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment filed by James Louis McCants. For the reasons stated herein, the motion is granted in part and denied in part. Accordingly, defendant's reconsideration motion, insofar as it seeks to reinstate the remaining eight defenses in the answer, is granted. In sum, defendant has pointed to nothing that undermines the Opinion's conclusion that no genuine issue of fact exists in regard to his claim of a lost written assignment. Accordingly, his motion for reconsideration is denied in this respect. Plaintiff may file a summary judgment motion on the eight remaining defenses by June 12, 2009. Defendant's opposition is due on July 3, 2009, and plaintiff's reply is due on July 10, 2009. (Signed by Judge John F. Keenan on 5/26/09) (tro) Modified on 5/27/2009 (jab).
May 26, 2009	Set Deadlines/Hearings: Motions due by 6/12/2009. Responses due by 7/3/2009. Replies due by 7/10/2009. (tro)
May 19, 2009	Filing 47 REPLY MEMORANDUM OF LAW in Support re: #42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Supplement)(Zarin, Scott)
April 28, 2009	Filing 46 ENDORSED LETTER addressed to Judge John F. Keenan from Oren J. Warshavsky dated 4/27/2009 re: Counsel request a one week adjournment of the conference scheduled for May 1, 2009 until May 8, 2009. ENDORSEMENT: The request is granted. The conference is adjourned to May 8, 2009 at 11:15 a.m. So Ordered. (Signed by Judge John F. Keenan on 4/28/2009) (jfe)
April 27, 2009	Filing 45 MEMORANDUM OF LAW in Opposition re: #42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment.. Document filed by Orrin Lynn Tolliver, Jr. (Attachments: #1 Certificate of Service)(Warshavsky, Oren)
April 8, 2009	Filing 44 DECLARATION of Scott Zarin, Esq. in Support re: #42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4)(Zarin, Scott)
April 8, 2009	Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment.. Document filed by James Louis McCants. (Zarin, Scott)
April 8, 2009	Filing 42 MOTION for Reconsideration of Opinion and Order on Motions for Summary Judgment. Document filed by James Louis McCants.(Zarin, Scott)
March 25, 2009	Filing 41 OPINION AND ORDER:# 97284 For the reasons above, plaintiff's motion for summary judgment on his claim of copyright infringement and on defendant's affirmative defenses is granted, and defendant's cross-motion is denied. Counsel are directed to appear in Courtroom 20-C at 10:00 a.m. on May 1, 2009, for a conference on the issue of damages. (Signed by Judge John F. Keenan on 3/25/2009) (jfe) Modified on 3/27/2009 (jab).
March 25, 2009	Set/Reset Hearings: Status Conference set for 5/1/2009 at 10:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (jfe)
September 17, 2008	Filing 40 REPLY MEMORANDUM OF LAW in Support re: #39 MOTION for Summary Judgment.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
September 17, 2008	Filing 39 MOTION for Summary Judgment. Document filed by Orrin Lynn Tolliver, Jr.(Warshavsky, Oren)
September 15, 2008	Filing 38 MEMORANDUM OF LAW in Opposition re: #26 MOTION for Summary Judgment. Plaintiff's Memorandum of Law Submitted: (1) In Opposition to Defendant's Motion for Summary Judgment; and (2) In Support of Plaintiff's Motion for Summary Judgment. Document filed by Orrin Lynn Tolliver, Jr. (Attachments: #1 Memo of Law-Pt. 2)(Warshavsky, Oren)
September 15, 2008	Filing 37 DECLARATION of Oren J. Warshavsky in Opposition re: #26 MOTION for Summary Judgment.. Document filed by Orrin Lynn Tolliver, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-5, #4 Exhibit 6-10)(Warshavsky, Oren)
September 15, 2008	Filing 36 DECLARATION of Jay L. Berger in Opposition re: #26 MOTION for Summary Judgment.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
September 15, 2008	Filing 35 DECLARATION of Orrin Lynn Tolliver, Jr. d/b/a David Payton in Opposition re: #26 MOTION for Summary Judgment.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
September 15, 2008	Filing 34 DECLARATION of Gabin Rubin in Opposition re: #26 MOTION for Summary Judgment.. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
September 15, 2008	Filing 33 RULE 56.1 STATEMENT. Document filed by Orrin Lynn Tolliver, Jr. (Attachments: #1 Certificate of Service)(Warshavsky, Oren)
August 13, 2008	Filing 32 COUNTER STATEMENT TO Document filed by James Louis McCants. (Zarin, Scott)
August 13, 2008	Filing 31 DECLARATION of Scott Zarin, Esq. in Support re: #26 MOTION for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Exhibit Part 2)(Zarin, Scott)
August 13, 2008	Filing 30 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Supplement Part 2, #2 Supplement Part 3)(Zarin, Scott)
August 13, 2008	Filing 29 DECLARATION of Scott Zarin, Esq. in Support re: #26 MOTION for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6, #6 Exhibit Part 7, #7 Exhibit Part 8, #8 Exhibit Part 9, #9 Exhibit Part 10, #10 Exhibit Part 11, #11 Exhibit Part 12, #12 Exhibit Part 13, #13 Exhibit Part 14, #14 Exhibit Part 15)(Zarin, Scott)
August 13, 2008	Filing 28 MEMORANDUM OF LAW in Support re: #26 MOTION for Summary Judgment.. Document filed by James Louis McCants. (Attachments: #1 Supplement Memo -- Part 2, #2 Supplement Memo -- Part 3)(Zarin, Scott)
August 13, 2008	Filing 27 RULE 56.1 STATEMENT. Document filed by James Louis McCants. (Zarin, Scott)
August 13, 2008	Filing 26 MOTION for Summary Judgment. Document filed by James Louis McCants.(Zarin, Scott)
July 17, 2008	Filing 25 NOTICE OF CHANGE OF ADDRESS by Oren J. Warshavsky on behalf of Orrin Lynn Tolliver, Jr. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, USA 10111, (212) 589-4200. (Attachments: #1 Certificate of Service)(Warshavsky, Oren)
March 25, 2008	Filing 24 ENDORSED LETTER addressed to Judge John F. Keenan from Scott Zarin dated 3/21/08 re: Counsel for Defendant James McCants request an extension of time until 4/7/08 to submit their motion for summary judgment. ENDORSEMENT: Defendant's motion for summary judgment is due on April 7, 2008. Plaintiff's response and cross-motion are due on 4/29/08. The remainder of the previously set motion schedule remains unaltered. (Signed by Judge John F. Keenan on 3/24/08) (tro)
January 7, 2008	Filing 23 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Scott Zarin dated 12/17/07 re: Counsel for defendant requests a pre-motion conference in anticipation of filing a motion to compel. ENDORSEMENT: This application is deemed in part as moot and in part as meritless, for reasons stated on the record. (Signed by Magistrate Judge Michael H. Dolinger on 1/4/08) (db)
December 20, 2007	Filing 22 ORDER ( Status Conference set for 1/4/2008 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/20/07) (jco) "Copies Mailed By Chambers"
October 22, 2007	Filing 21 ORDER: Initial Conference set for 10/29/2007 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Judge Michael H. Dolinger on 10/22/07) copies sent by chambers.(cd)
October 10, 2007	Filing 20 ORDER: Amended Pleadings due by 12/3/2007. Discovery due by 12/17/2007. Joinder of Parties due by 12/3/2007. Next Case Management Conference set for 1/8/2008 at 9:45 AM before Judge John F. Keenan. (Signed by Judge John F. Keenan on 10/10/07) (kco)
October 10, 2007	Filing 19 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge John F. Keenan on 10/9/07) (kco)
August 13, 2007	Filing 18 STIPULATION AND ORDER OF DISMISSAL: this action is dismissed pursuant to FRCP 41(a)(1) as against defendant UMG Recordings, Inc. without prejudice, with each party to bear its own costs and attorneys' fees. (Signed by Judge John F. Keenan on 8/13/07) (db)
January 24, 2007	Filing 17 NOTICE OF CHANGE OF ADDRESS by Scott Zarin on behalf of James Louis McCants. New Address: Zarin & Associates P.C., 45 West 21st Street, 4th Floor, New York, New York, USA 10010, 212-580-3131. (Zarin, Scott)
November 3, 2006	Filing 16 NOTICE of Voluntary Dismissal. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
October 12, 2006	Filing 15 NOTICE of Change of Law Firm Affiliation. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
June 19, 2006	Filing 14 ORDER that McCants' motions for an extension of time to respond to the order to show cause and to set aside the default judgment also are deemed withdrawn. (Signed by Judge John F. Keenan on 6/19/06) (dle, )
May 22, 2006	Filing 13 ANSWER to Complaint. Document filed by James Louis McCants. (Attachments: #1)(Zarin, Scott)
April 17, 2006	Filing 12 AFFIDAVIT OF SERVICE of Order to Show Cause for Default Judgment; Default Judgment; Affidavit in Support of Default Judgment and Exhibits served on James Louis McCants dba Jimi Mac Music and OG Music on March 28, 2006. Service was accepted by Beverly. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
April 6, 2006	Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Set Aside Default.. Document filed by James Louis McCants. (Attachments: #1 Affidavit)(Zarin, Scott)
April 6, 2006	Filing 10 MOTION to Set Aside Default. Document filed by James Louis McCants. (Zarin, Scott)
April 6, 2006	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Scott Zarin to RE-FILE Document #9 MOTION to Set Aside Default.. ERROR(S): Filing Error of Attachments. Supporting Documents must be filed separately. Memorandum of Law in support of motion and Declaration in support of motion found under Responses and Replies.. (kg, )
April 5, 2006	Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Set Aside Default. Document filed by James Louis McCants. (Attachments: #1 Memo In Support of Motion to Set Aside Default#2 Affidavit of James McCants)(Zarin, Scott) Modified on 4/6/2006 (kg, ).
March 31, 2006	Filing 8 MOTION for Extension of Time to File Response to Order to Show Cause. Document filed by James Louis McCants. (Zarin, Scott)
March 17, 2006	Filing 7 ORDER TO SHOW CAUSE by Orrin Lynn Tolliver, Jr for an order for entry of a default judgment as further set forth in this order. Show Cause Hearing set for 4/17/2006 10:00 AM before Judge John F. Keenan. (Signed by Judge John F. Keenan on 3/17/06) (dle, )
March 14, 2006	Filing 6 ENDORSED LETTER addressed to Judge John F. Keenan from Carletta Higginson dated 3/10/06 re: counsel for dft UMG requests an adjournment of the conference scheduled for 3/23/06 at 9:45 a.m. The conference is adjourned to 4/17/06 at 10:00 a.m.. (Signed by Judge John F. Keenan on 3/13/06) (dle, )
March 6, 2006	Filing 5 STIPULATION AND ORDER defendants shall have up to and including 3/1/06 to file response to complaint. So Ordered. (Signed by Judge John F. Keenan on 2/17/06) (jco, )
March 6, 2006	Set Answer Due Date purs. to #5 Stipulation and Order as to Cherry River Music Company answer due on 3/1/2006; Will I Am Music, Inc. answer due on 3/1/2006; Will Adams answer due on 3/1/2006. (jco, )
January 26, 2006	Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint, served. James Louis McCants served on 1/12/2006, answer due 2/1/2006. Service was accepted by James Louis McCants. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
January 26, 2006	Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Cherry River Music Company served on 1/19/2006, answer due 2/8/2006. Service was accepted by Keith Haupirch, General Agent. Document filed by Orrin Lynn Tolliver, Jr. (Warshavsky, Oren)
January 6, 2006	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Oren J. Warshavsky for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document #1 Complaint, 2 Notice (Other) to: case_openings@nysd.uscourts.gov. (lb, )
December 29, 2005	Filing 2 NOTICE of Appearance. Document filed by Orrin Lynn Tolliver, Jr. (lb, )
December 29, 2005	Filing 1 COMPLAINT against UMG Recordings, Inc., James Louis McCants, Cherry River Music Company, Will I Am Music, Inc., Will Adams. (Filing Fee $ 250.00, Receipt Number 565274)Document filed by Orrin Lynn Tolliver, Jr.(lb, ) Additional attachment(s) added on 1/9/2006 (mbe, ).
December 29, 2005	Magistrate Judge Michael H. Dolinger is so designated. (lb, )
December 29, 2005	SUMMONS ISSUED as to UMG Recordings, Inc., James Louis McCants, Cherry River Music Company, Will I Am Music, Inc., Will Adams. (lb, )
December 29, 2005	Mailed notice to Register of Copyrights to report the filing of this action. (lb, )
December 29, 2005	Case Designated ECF. (lb, )

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Search for this case: Tolliver v. McCants et al
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Defendant: UMG Recordings, Inc.
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Defendant: James Louis McCants an individual doing business as Jimi Mac Music doing business as OG Music
Represented By:	Scott Ross Zarin
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Defendant: Will Adams
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Defendant: Will I Am Music, Inc.
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Defendant: Cherry River Music Company
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Plaintiff: Orrin Lynn Tolliver, Jr.
Represented By:	Oren J. Warshavsky
Represented By:	Gregory Paul Vidler
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