Capitol Records, LLC et al v. Escape Media Group, Inc Featured Case
Plaintiff: Capitol Records, LLC and Virgin Records America, Inc.
Defendant: Escape Media Group, Inc
Case Number: 1:2009cv04458
Filed: May 8, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Lawrence M. McKenna
Nature of Suit: None
Cause of Action: 17 U.S.C. ยง 101 Copyright Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 7, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2009 Opinion or Order Filing 34 ORDER: Plaintiffs' motion to strike Defendant's Third and Fourth Affirmative Defenses has been denied by the Court as of September 30, 2009 because of the existence of disputed issues of fact appropriately resolved by the trier of fact. (Signed by Judge Lawrence M. McKenna on 10/7/2009) (jfe)
October 6, 2009 Opinion or Order Filing 33 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: The claims of EMI Music in Case No. 09 Civ. 4458 shall be and hereby are dismissed with prejudice pursuant to F.R.C.P. 41(a)(1), without costs to EMI Music and/or Escape Media and with neither EMI Music nor Escape Media as the prevailing party. (Signed by Judge Lawrence M. McKenna on 10/6/09) (tro)
October 6, 2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Eric Shimanoff for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 32 Stipulation of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)
October 5, 2009 Filing 32 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - 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 defendants and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Capitol Records, LLC, Virgin Records America, Inc..(Shimanoff, Eric) Modified on 10/6/2009 (dt).
October 1, 2009 Filing 31 SEALED DOCUMENT placed in vault.(jri)
September 18, 2009 Filing 30 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from James Doherty dated 9/16/09 re: Request for an extension of time to 10/19/09 for defendant to file opposition papers (under seal) re plaintiff's motion for sanctions. ENDORSEMENT: Granted. So Ordered. (Response due by 10/19/2009) (Signed by Judge Lawrence M. McKenna on 9/18/09) (cd)
September 16, 2009 Filing 29 ENDORSED LETTER addressed to Judge Garbriel W. Gorenstein from Richard S. Mandel dated 9/16/09 re: We represent Plaintiffs in the above-referenced action in which a settlement conference has been scheduled for September 25, 2009 at 2:30 p.m. We understand from Your Honor's Deputy Clerk, Ms. Sylvia Gonzalez-Feliciano, that the conference needs to be adjourned for scheduling reasons and that various dates the week of October 5 are available, The parties have been involved in settlement discussions directly and are making progress toward a resolution.The parties propose that they be permitted to update the Court on the status ofsettlement after September 30, 2009 and to advise the Court at that time as to whether they believe a conference is necessary. ENDORSEMENT: The conference is adjourned sine die. The Court has some times available before September 30 if the parties require it and the Court would be prepared to move certain other matters currently scheduled to accommodate the parties. If the parties wish to avail themselves of this option, they should fax a letter so indicating and they will be contacted by the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/16/09) (pl)
September 10, 2009 Filing 28 SEALED DOCUMENT placed in vault.(jri)
September 9, 2009 Filing 27 CERTIFICATE OF SERVICE of Memorandum of Law and Declarations in Support of Motion for Sanctions pursuant to Rule 11. Document filed by Capitol Records, LLC, Virgin Records America, Inc.. (Shimanoff, Eric)
September 9, 2009 Filing 26 MOTION for Sanctions pursuant to Rule 11. Document filed by Capitol Records, LLC, Virgin Records America, Inc..(Shimanoff, Eric)
September 8, 2009 Filing 25 ENDORSED LETTER addressed to Judge Lawrence M. Mckenna from Eric J. Shimanoff dated 9/1/2009 re: Counsel we respectfully request that, in lieu of filing via ECF, the Court grant Plaintiffs permission (i) to serve by hand on counsel for Defendant hard copies of the papers submitted in support of Plaintiffs' Rule 11 motion and (ii) to file under seal with the Clerk of the Court such papers. ENDORSEMENT: Granted. So ordered. (Signed by Judge Lawrence M. McKenna on 9/8/2009) (tve)
September 1, 2009 Filing 24 SEALED DOCUMENT placed in vault.(jri)
September 1, 2009 Filing 23 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Plaintiffs' Motion to Strike served on Escape Media Group, Inc. on 09/01/2009. Document filed by Capitol Records, LLC, Virgin Records America, Inc.. (Shimanoff, Eric)
August 11, 2009 Opinion or Order Filing 22 ORDER SCHEDULING SETTLEMENT CONFERENCE. ( Settlement Conference set for 9/11/2009 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/11/09) (djc)
August 7, 2009 Opinion or Order Filing 21 CASE MANAGEMENT PLAN AND SCHEDULING ORDER; Status letter(s) by 9/8/09. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 8/6/2008) (tve)
August 6, 2009 Minute Entry for proceedings held before Judge Lawrence M. McKenna: Initial Pretrial Conference held and continued on 8/6/2009. All parties present. The Court will refer the case to a Magistrate Judge for settlement. Counsel are to submit a joint status letter to the Court as to case status by 9/8/09. (No transcript taken.) (tro)
August 6, 2009 Opinion or Order Filing 20 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 Gabriel W. Gorenstein. (Signed by Judge Lawrence M. McKenna on 8/6/09) (db)
August 4, 2009 Filing 19 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Ricahrd S. Mandel dated 8/3/09 re: Counsel for Plaintiffs write in response to Mr Doherty's letter of 7/31/09. Counsel's clients have not consented to the requested extension because it has been premised on the fact that the parties were supposedly engaged in settlement discussions. However, if the professional and personal schedules of Defendant and its counsel do not permit them to respond to the motion before 8/18/09, counsel do not object to the extension. Counsel request that the time for Plaintiffs' reply papers be extended under the new proposed schedule by an additional week until 9/1/09. ENDORSEMENT: Granted. (Signed by Judge Lawrence M. McKenna on 8/4/09) (tro)
August 3, 2009 Filing 18 ENDORSED LETTER addressed to Judge Lawrence M. Mckenna from James E. Doherty dated 7/31/2009 re: Defendant respectfully requests that the time for defendants to serve opposition papers and for the plaintiffs to serve their reply papers to the pending motion to strike be adjourned for two weeks so that opposition papers would be due on 8/18/2009 and reply papers would be due 8/25/2009. ENDORSEMENT: Granted. So ordered. (Signed by Judge Lawrence M. McKenna on 8/3/2009) (tve)
July 22, 2009 Filing 17 SEALED DOCUMENT placed in vault.(jri)
July 22, 2009 Filing 16 CERTIFICATE OF SERVICE of Notice of Motion to Strike Affirmative Defenses, Memorandum of Law in Support of Motion to Strike, Declaration in Support of Motion to Strike served on Escape Media Group, Inc. on 07/21/2009. Document filed by Capitol Records, LLC, Virgin Records America, Inc.. (Shimanoff, Eric)
July 21, 2009 Filing 15 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Eric J. Shimanoff dated 7/21/09 re: counsel requests that in lief of filing via ECF, the Court grant Plaintiffs permission to serve by hand on counsel for Defendant hard copies of the papers submitted in support of Plaintiffs' Motion, purs to FRCP 12(f), to strike Defendant's Third and Fourth Affirmative Defenses and (ii) to file under seal with the Clerk of the Court such papers by July 31, 2009. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/21/09) (djc)
July 21, 2009 Filing 14 MOTION to Strike Document No. [unknown] Defendant's Third and Fourth Affirmative Defenses. Document filed by Capitol Records, LLC, Virgin Records America, Inc..(Shimanoff, Eric)
July 15, 2009 Filing 13 NOTICE OF APPEARANCE by Eric Joseph Shimanoff on behalf of Capitol Records, LLC, Virgin Records America, Inc. (Shimanoff, Eric)
July 15, 2009 Filing 12 SEALED DOCUMENT placed in vault.(jri)
July 15, 2009 Filing 11 SEALED DOCUMENT placed in vault.(rt)
July 15, 2009 Opinion or Order Filing 10 ORDER ADMITTING ATTORNEY Andrew Charles Littman PRO HAC VICE for defendant Escape Media Group. (Signed by Judge Lawrence M. McKenna on 7/14/09) (cd)
July 15, 2009 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 8 Motion for Craig A. Weinberg to Appear Pro Hac Vice for defendant Escape Media Group.. (Signed by Judge Lawrence M. McKenna on 7/14/09) (cd)
July 15, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 9 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
July 15, 2009 CASHIERS OFFICE REMARK on 8 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 07/10/2009, Receipt Number 693855. (jd) Modified on 7/15/2009 (rw).
July 15, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 10 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
July 10, 2009 Filing 8 MOTION for Craig A. Weinberg and Andrew Charles Littman to Appear Pro Hac Vice. Document filed by Escape Media Group, Inc.(dle)
July 2, 2009 Filing 7 AFFIDAVIT OF SERVICE of Answer served on Capitol Records LLC and Virgin Records America Inc. on 7-1-09. Service was accepted by Richard Mandel, Esq. Plaintiffs' attorney. Document filed by Escape Media Group, Inc. (Levy, Stewart)
July 2, 2009 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Escape Media Group, Inc.(Levy, Stewart)
July 1, 2009 Filing 5 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from James E. Doherty dated 7/1/2009 re: Requesting that the Court allow defendant until July 10, 2009 to bring the motion to file its answer under seal. ENDORSEMENT: Granted. So ordered. (Signed by Judge Lawrence M. McKenna on 7/1/2009) (jpo)
July 1, 2009 Set Deadlines/Hearings: Motions due by 7/10/2009. (jpo)
June 11, 2009 Filing 4 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stewart L. Levy dated 6/5/09 re: Counsel for Defendant requests an extension of time until 7/1/09 to move, answer or otherwise respond to the complaint. ENDORSEMENT: Granted. Escape Media Group, Inc answer due 7/1/2009. (Signed by Judge Lawrence M. McKenna on 6/10/09) (tro)
May 20, 2009 Filing 3 AFFIDAVIT OF SERVICE. Escape Media Group, Inc served on 5/12/2009, answer due 6/1/2009. Service was accepted by Sam Tarantino - CEO. Document filed by Capitol Records, LLC; Virgin Records America, Inc.. (Mandel, Richard)
May 8, 2009 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Maltby Investments Limited as Corporate Parent. Document filed by Capitol Records, LLC, Virgin Records America, Inc..(rdz)
May 8, 2009 Filing 1 COMPLAINT against Escape Media Group, Inc. (Filing Fee $ 350.00, Receipt Number 687891)Document filed by Capitol Records, LLC, Virgin Records America, Inc..(rdz)
May 8, 2009 SUMMONS ISSUED as to Escape Media Group, Inc. (rdz)
May 8, 2009 Case Designated ECF. (rdz)
May 8, 2009 Magistrate Judge Gabriel W. Gorenstein is so designated. (rdz)

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Plaintiff: Capitol Records, LLC
Represented By: Richard Stephen Mandel
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Plaintiff: Virgin Records America, Inc.
Represented By: Richard Stephen Mandel
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Defendant: Escape Media Group, Inc
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