Capitol Records, LLC v. Redigi Inc.
Is it legal to resell used mp3 files?
| Capitol Records, LLC |
| Redigi Inc. |
| 1:2012cv00095 |
| January 6, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard J. Sullivan |
| Copyrights |
| 17 U.S.C. § 101 |
| None |
Docket Report
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This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
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Filing 343
SEALED MATERIALS DISPOSED: Document(s) 233 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 02/22/2024.(nmo)
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Filing 342
SEALED MATERIALS DISPOSED: Document(s) 77 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 02/22/2024. (nmo)
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Filing 341
SEALED MATERIALS DISPOSED: Document(s) 53, 94, 234 and 252 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 02/22/2024.(nmo)
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Filing 340
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 233 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 2/21/2024. .(nmo)
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Filing 339
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 77 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 2/21/2024. (nmo)
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Filing 338
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 53, 94, 234 and 252 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 2/21/2024. (nmo)
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Filing 337
PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Capitol CMG, Inc., Capitol Records, LLC. Document Number of Related Judgment: 334 ..(Mandel, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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ABSTRACT OF JUDGMENT ISSUED on September 20, 2022, that this revised judgment is hereby entered in favor of Plaintiffs Capitol Records, LLC and Capitol CMG, Inc. f/k/a Capitol Christian Music Group, Inc. and against Defendants ReDigi Inc., John Ossenmacher and Larry Rudolph a/k/a Lawrence S. Rogel, in the amount of $514,355.38. Abstract of Judgment to be Mailed by the Court. (tp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Richard Mandel to RE-FILE Document No. 336 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): the proposed abstract of judgment lists the wrong date of entry for the judgment. Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the following - the correct name of the party(ies) the judgment is against, the correct name of the party (ies) the judgment is in favor of, the correct amount amount of the judgment, the name(s) and address(es) of the attorney(s) and the correct entry date of the judgment. (tp)
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Abstract of Judgment Fee Paid electronically via Pay.gov: for 337 Proposed Abstract of Judgment. Filing fee $ 11.00. Pay.gov receipt number ANYSDC-26593111, paid on 8/25/2022. (tp)
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Filing 336
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Capitol CMG, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. Document Number of Related Judgment: 334 ..(Mandel, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/20/2022 (tp).
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Filing 335
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-26593111. Abstract of Judgment to be Mailed by the Court. Document filed by Capitol CMG, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. Document Number of Related Judgment: 334 ..(Mandel, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/25/2022 (nd).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Richard Mandel to RE-FILE Document No. The filing is deficient for the following reason(s): Abstract cannot be issued until 31 days after judgment is entered; Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the following - the correct name of the party(ies) the judgment is against, the correct name of the party (ies) the judgment is in favor of, the correct amount amount of the judgment, the name(s) and address(es) of the attorney(s) and the correct entry date of the judgment. (nd)
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Filing 334
REVISED JUDGMENT FOR ATTORNEYS' FEES: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this revised judgment is hereby entered in favor of Plaintiffs Capitol Records, LLC and Capitol CMG, Inc. f/k/a Capitol Christian Music Group, Inc. and against Defendants ReDigi Inc., John Ossenmacher and Larry Rudolph a/k/a Lawrence S. Rogel, in the amount of $514,355.38. The Clerk of the Court is respectfully directed to amend the caption as set forth above. (Signed by Judge Richard J. Sullivan on 8/17/2022) Sitting by Designation. (ate)
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Filing 333
DECLARATION of Sheryl L. Gold . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc...(Mandel, Richard)
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Filing 332
ORDER: IT IS HEREBY ORDERED that Plaintiffs shall submit a signed declaration attesting that Plaintiff Capitol Christian Music Group, Inc. has changed its name to Capitol CMG, Inc. and that Plaintiff Virgin Records IR Holdings, Inc. has been merged into Plaintiff Capitol Records, LLC. (Signed by Judge Richard J. Sullivan on 8/16/2022) Sitting by Designation. (ate)
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Filing 331
PROPOSED JUDGMENT. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc...(Mandel, Richard) Proposed Judgment to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 331 Proposed Judgment was reviewed and approved as to form. (tp)
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Filing 330
ORDER re: 319 MOTION for Attorney Fees . filed by Capitol Christian Music Group, Inc., Virgin Records IR Holdings, Inc., Capitol Records, LLC. IT IS HEREBY ORDERED THAT Plaintiffs' motion for attorneys' fees is GRANTED IN PART AND DENIED IN PART. Plaintiffs are awarded $500,000.00 in attorneys' fees for litigation before the district court the maximum amount permitted under the parties' stipulated cap and $14,355.38 in attorneys' fees for Defendants' appeal. SO ORDERED. (Signed by Judge Richard J. Sullivan, Sitting by Designation on 8/11/22) (yv)
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Filing 329
DECLARATION of Richard S. Mandel in Support re: 319 MOTION for Attorney Fees .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Mandel, Richard)
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Filing 328
OPINION AND ORDER: For the reasons set forth above, IT IS HEREBY ORDERED THAT Plaintiffs' motion for attorneys' fees is GRANTED IN PART. Defendants shall pay attorneys' fees for certain proceedings before this Court in connection with the parties' cross-motions for summary judgment, for fees incurred after the Court's March 30, 2013 summary judgment opinion, and for fifteen percent of Plaintiffs' fees incurred on appeal. Plaintiffs shall submit a detailed accounting of those fees by May 6, 2022, and Defendants may submit a response by June 6, 2022. The Court reserves decision on the reasonableness of the total fee amount, pending receipt of those contemporaneous time records. The Clerk of Court is respectfully directed to terminate the pending motion for attorneys' fees at Doc. No. 319. ( Responses due by 6/6/2022) (Signed by Judge Richard J. Sullivan on 4/7/2022) Sitting by Designation. (ate)
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Filing 327
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated June 24, 2019 re: Plaintiffs' motion for attorneys' fees. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 326
ORDER denying without prejudice to renewal 319 Motion for Attorney Fees. Defendants' request to stay Plaintiffs' motion for fees is DENIED without prejudice to renewal in the event that the Supreme Court grants Defendants' petition for a writ of certiorari. Given that Plaintiffs' motion for fees is fully submitted, the Court will issue its decision in due course. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 4/22/2019) (ne)
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Filing 325
REPLY MEMORANDUM OF LAW in Support re: 319 MOTION for Attorney Fees . . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 324
LETTER addressed to Judge Richard J. Sullivan from J. Ossenmacher, dated 4/12/19 re: (PLAINTIFF'S MOTION FOR ATTORNEYS' FEES) - Defendant Ossenmacher requests that the Court stay any further proceedings concerning, or rulings upon Plaintiff's Motion for Fees until such time as the ruling of the Second Circuit is final and beyond further appeal. Document filed by John Ossenmacher.(sc)
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Filing 323
LETTER addressed to Judge Richard J. Sullivan from Larry Rogel dated 4/12/19 re: PLAINTIFF'S MOTION FOR ATTORNEYS' FEES. Document filed by Larry Rogel.(sc)
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Filing 322
ORDER: The Court is in receipt of Plaintiffs' renewed motion for attorneys' fees. (Doc. No. 319.) IT IS HEREBY ORDERED THAT Defendants shall file their response by April 12, 2019. IT IS FURTHER ORDERED THAT Plaintiffs shall file their reply, if any, by April 26, 2019. SO ORDERED. (Responses due by 4/12/2019, Replies due by 4/26/2019.) (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 3/14/2019) (ne)
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Filing 321
DECLARATION of Richard S. Mandel, Esq. in Support re: 319 MOTION for Attorney Fees .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Mandel, Richard)
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Filing 320
MEMORANDUM OF LAW in Support re: 319 MOTION for Attorney Fees . . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 319
MOTION for Attorney Fees . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 318
ORDER denying without prejudice to renewal 270 Motion for Attorney Fees. In light of the fact that Plaintiffs may wish to supplement their motion for fees to include attorneys' fees incurred on appeal, Plaintiffs' motion for attorneys' fees (Doc. No. 270) is DENIED without prejudice to renewal. IT IS HEREBY ORDERED THAT if Plaintiffs wish to renew their motion, they shall due so by March 21, 2019. The Clerk of the Court is directed to terminate the motion pending at docket number 270. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 2/21/2019) (ne)
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Set/Reset Deadlines: Motions due by 3/21/2019. (ne)
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Filing 317
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-16321070. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit Judgment) Document Number of Related Judgment: 222 . (Mandel, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 316
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-16321022. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit Judgment) Document Number of Related Judgment: 222 . (Mandel, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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CERTIFICATION OF JUDGMENT issued on February 8, 2019, for judgment dated 6/3/2016, document #222.*** Certification picked up by party. (km) Modified on 2/11/2019 (dt).
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CERTIFICATION OF JUDGMENT issued on February 8, 2019, for judgment dated 6/3/2016, document #222. Certification picked up by party. (2 Certifications issued).*** (km) Modified on 2/11/2019 (dt).
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Filing 315
PROPOSED CLERK'S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-16313397. Clerk's Certification of a Judgment to be Registered in Another District to be Picked up by Party. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit Judgment) Document Number of Related Judgment: 222 . (Mandel, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 314
MANDATE of USCA (Certified Copy) as to 239 Notice of Appeal, filed by Larry Rudolph, John Ossenmacher, Redigi Inc. USCA Case Number 16-2321. 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: 01/02/2019. (Attachments: # 1 Opinion)(nd)
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Transmission of USCA Mandate to the District Judge re: 314 USCA Mandate,. (nd)
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Filing 313
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 12/17/2018 re: Post-Judgment Motion for Attorney's Fees. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 ReDigi, Inc.'s Appeal Brief)(Mandel, Richard)
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Filing 312
DECLARATION of Colleen Hall in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 311
MEMO ENDORSEMENT on re: 310 Letter filed by Capitol Christian Music Group, Inc., Virgin Records IR Holdings, Inc., Capitol Records, LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/24/2017) (mro)
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Filing 310
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated January 24, 2017 Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 309
ORDER: On December 20, 2016, the Court issued an order partly granting Defendants-Appellants' ("ReDigi's") unsealing request and directing Plaintiffs-Appellees ("Capitol Records") to more thoroughly justify their request that the following documents remain under seal: docket numbers 74 (Exhibit 3), 76, 78, 90, and 91 (Exhibit 1). (Doc. No. 283.) The Court is now in receipt of a letter from Capitol Records, dated December 29, 2016, that argues for the continued sealing of those documents (Doc. No. 307), and a letter from ReDigi, also dated December 29, 2016, that responds to one part of Capitol Records' letter (Doc. No. 308); as further set forth herein. Accordingly, IT IS HEREBY ORDERED THAT docket numbers 74 (Exhibit 3), 76, 78, 90, and 91 (Exhibit 1) shall remain under seal. (Signed by Judge Richard J. Sullivan on 1/10/2017) (mro)
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Transmission to Sealed Records Clerk. Transmitted re: 309 Order,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (mro)
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ABSTRACT OF JUDGMENT: in favor of Capitol Christian Music Group, Inc., Capitol Records, LLC, and Virgin Records IR Holdings, Inc. as against ReDigi Inc., John Ossenmacher, and Larry Rudolf in the amount of $3,500,000, issued on January 10, 2017. (dt)
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Filing 308
LETTER addressed to Judge Richard J. Sullivan from C. Dennis Loomis dated December 29, 2016 re: Correction of Statement Made by Capital's Counsel in His December 29, 2016 Letter to the Court. Document filed by John Ossenmacher, Redigi Inc..(Loomis, C. Dennis)
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Filing 307
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated December 29, 2016 re: More Detailed Response to Objection to Document 279. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 304
REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Capitol Records, LLC. (This document was previously filed under seal in envelope #89 and unsealed on 12/20/2016.)(mro)
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Filing 306
EXHIBIT 2 TO THE MANDEL REPLY DECLARATION. (This document was previously filed under seal in envelope #89 and unsealed on 12/20/2016.)(mro)
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Filing 305
REPLY DECLARATION OF RICHARD S. MANDEL, ESQ. (This document was previously filed under seal in envelope #89 and unsealed on 12/20/2016.)(mro)
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Filing 303
DEFENDANTS COUNTER STATEMENT PURSUANT TO LOCAL RULE 56.1. ***Certificate of Service attached hereto. (This document was previously filed under seal in envelope #85 and unsealed on 12/20/2016.) (Attachments: # 1 Certificate of Service)(mro)
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Filing 302
DECLARATION LARRY RUDOLPH (AKA LAWRENCE S. ROGEL) IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #85 and unsealed on 12/20/2016.)(mro)
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Filing 301
DECLARATION OF GARY ADELMAN IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #85 and unsealed on 12/20/2016.)(mro)
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Filing 300
MEMORANDUM OF LAW IN OPPOSITION TO CAPITAL RECORD LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Redigi Inc. EXHIBIT L TO THE DECLARATION OF RICHARD S. MANDEL, ESQ. (This document was previously filed under seal in envelope #85 and unsealed on 12/20/2016.)(mro)
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Filing 299
EXHIBIT M TO THE DECLARATION OF RICHARD S. MANDEL, ESQ. (This document was previously filed under seal in envelope #62 and unsealed on 12/20/2016.)(mro)
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Filing 298
EXHIBIT L TO THE DECLARATION OF RICHARD S. MANDEL, ESQ. (This document was previously filed under seal in envelope #62 and unsealed on 12/20/2016.)(mro)
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Filing 297
EXHIBIT K TO THE DECLARATION OF RICHARD S. MANDEL, ESQ. (This document was previously filed under seal in envelope #62 and unsealed on 12/20/2016.)(mro)
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Filing 296
APPENDIX TO THE DECLARATION OF RICHARD S. MANDEL IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Capitol Records, LLC. (This document was previously filed under seal in envelope #62 and unsealed on 12/20/2016.)(mro)
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Filing 295
PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS PURSUANT TO LOCAL RULE 56.1. Document filed by Capitol Records, LLC. (This document was previously filed under seal in envelope #62 and unsealed on 12/20/2016.) (mro)
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Filing 294
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Capitol Records, LLC. (This document was previously filed under seal in envelope #62 and unsealed on 12/20/2016.)(mro)
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Filing 293
DECLARATION OF LARRY RUDOLPH (AKA LAWRENCE S. ROGEL) IN FURTHER SUPPORT OF REDIGI'S MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #94 and unsealed on 12/20/2016.)(mro)
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Filing 292
REPLY DECLARATION OF GARY ADELMAN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #94 and unsealed on 12/20/2016.)(mro)
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Filing 291
DECLARATION OF DOUG JACOBSON. (This document was previously filed under seal in envelope #77 and unsealed on 12/20/2016.)(mro)
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Filing 290
DECLARATION OF RICHARD S. MANDEL, ESQ. (This document was previously filed under seal in envelope #77 and unsealed on 12/20/2016.) (Attachments: # 1 Exhibit 1)(mro) Modified on 12/28/2016 (mro).
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Filing 289
DECLARATION OF JONATHAN LIN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.)(mro)
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Filing 288
DECLARATION OF COLIN WORTH IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.)(mro)
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Filing 287
DECLARATION LARRY RUDOLPH (AKA LAWRENCE S. ROGEL) IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.) (mro)
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Filing 286
DECLARATION OF GARY ADELMAN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(mro)
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Filing 285
ADDENDUM TO ORDER: This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 12/20/2016) (lmb)
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Filing 284
SECOND STIPULATED AMENDED PROTECTIVE ORDER GOVERNING THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Richard J. Sullivan on 12/20/2016) (lmb)
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Filing 283
ORDER granting 278 Letter Motion for Conference. IT IS HEREBY ORDERED THAT, by December 30, 2016, Capitol Records shall submit a letter that gives a more detailed response to ReDigi 's request that the following documents be unsealed: docket numbers 74 (Exhibit 3), 76, 78, 90, and 91 (Exhibit 1 ). The letter shall not exceed three (3) pages and shall explain why those five documents still meet the standard for sealing set forth in Lugosch, 435 F.3d at 119-20. IT IS FURTHER ORDERED THAT docket numbers 17, 49, 50, 52, 53,57 (Exhibits 8, 9, 10, 11), 58, 59, 60, 62, 74 (except Exhibit 3), 75, 77, 79, 80, 82, 83, 85, 87, 88, 89,91 (except Exhibit 1 ), 92, 94, 171 (Exhibit B), and 173 (Exhibit B) shall be unsealed. IT IS FURTHER ORDERED THAT ReDigi's appellate counsel, Baker & Hostettler LLP, shall comply with the Second Stipulated Protective Order in this action, which the Court will approve and docket separately, subject to the Court's addendum, which will also be docketed separately. IT IS FURTHER ORDERED THAT Capitol Records' counsel shall provide to ReDigi's appellate counsel unredacted copies of the Capitol Records information currently filed under seal as "Confidential - Attorneys Eyes Only" material under the Stipulated Protective Order. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 278. (As further set forth in this Order) (Signed by Judge Richard J. Sullivan on 12/20/2016) (lmb)
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Transmission to Sealed Records Clerk. Transmitted re: 283 Order on Motion for Conference, to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb)
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Filing 282
REPLY MEMORANDUM OF LAW in Support re: 270 MOTION for Attorney Fees . . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 281
DEFENDANT JOHN OSSENMACHER'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES; re: 270 MOTION for Attorney Fees . Document filed by John Ossenmacher. (sc)
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Filing 280
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 12/13/2016 re: RESPONSE TO 12/9/2016 LETTER FROM DEFENDANTS' COUNSEL REGARDING UNSEALING OF DOCUMENTS. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 279
ORDER of USCA (Certified Copy) as to 239 Notice of Appeal, filed by Larry Rudolph, John Ossenmacher, Redigi Inc. USCA Case Number 16-2321. By order dated August 11, 2016, the appeal was stayed in accordance with the United States Bankruptcy Code § 362, 11.U.S.C. § 362. By letter dated November 23, 2016, the Appellants informed the Court that the Bankruptcy Court entered an order lifting the stay to allow this appeal to proceed. IT IS HEREBY ORDERED that the stay is lifted. Appellants are directed to file a scheduling notification within 7 days of this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/12/2016. (nd)
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Filing 278
LETTER MOTION for Conference /Defendants' Pre-Motion Letter to Unseal All Documents Previously Filed by ReDigi, Inc. Under Seal or in Redacted Form addressed to Judge Richard J. Sullivan from C. Dennis Loomis dated December 9, 2016. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Loomis, C. Dennis)
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Filing 277
LETTER addressed to Judge Richard J. Sullivan from C. Dennis Loomis dated 12/09/2016 re: Second Report on Status of Bankruptcy Automatic Stay. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Loomis, C. Dennis)
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Filing 276
ORDER TO ADMIT ROBERT CRAIG WELSH, PRO HAC VICE granting 273 Motion for Robert Craig Welsh to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 12/1/2016) (mro)
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Filing 275
ORDER TO ADMIT C. DENNIS LOOMIS, PRO HAC VICE granting 274 Motion for C. Dennis Loomis to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 12/1/2016) (mro)
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Filing 274
MOTION for C. Dennis Loomis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13047152. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph. (Attachments: # 1 Certificate of Good Standing Issued by the Supreme Court of CA, # 2 Text of Proposed Order)(Loomis, C. Dennis)
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Filing 273
MOTION for Robert Craig Welsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13046977. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph. (Attachments: # 1 Certificate of Good Standing Issued by the Supreme Court of CA, # 2 Text of Proposed Order)(Welsh, Robert)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 274 MOTION for C. Dennis Loomis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13047152. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 273 MOTION for Robert Craig Welsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13046977. Motion and supporting papers to be reviewed by Clerk's Office staff., 274 MOTION for C. Dennis Loomis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13047152. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 272
DECLARATION of RICHARD S. MANDEL in Support re: 270 MOTION for Attorney Fees .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandel, Richard)
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Filing 271
MEMORANDUM OF LAW in Support re: 270 MOTION for Attorney Fees . . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 270
MOTION for Attorney Fees . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 269
ORDER granting 268 Letter Motion for Leave to File Document. Plaintiffs' request is GRANTED. IT IS HEREBY ORDERED THAT Plaintiffs shall renew their motion for attorneys' fees by November 23, 2016; Defendants shall file their response by December 14, 2016; and Plaintiffs shall file their reply by December 29, 2016. (Signed by Judge Richard J. Sullivan on 11/16/2016) (mro)
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Set/Reset Deadlines: Motions due by 11/23/2016. Responses due by 12/14/2016 Replies due by 12/29/2016. (mro)
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Filing 268
LETTER MOTION for Leave to File Plaintiffs' Motion for Attorneys' Fees addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 11/15/2016. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 267
LETTER addressed to Judge Richard J. Sullivan from C. Dennis Loomis dated October 3, 2016 re: Report on the Status of the Automatic Stay. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Warshavsky, Oren)
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Filing 266
ORDER denying without prejudice 246 Motion for Attorney Fee. IT IS HEREBY ORDERED THAT Plaintiff's motion for attorneys' fees is denied without prejudice to renewal upon a ruling from the Bankruptcy Court. The Clerk of the Court is respectfully directed to terminate the motion pending at docket number 246. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 9/1/2016) (cf)
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Filing 265
ORDER re: 264 Letter filed by Larry Rudolph. IT IS HEREBY ORDERED THAT, if Mr. Nesgos and/or Posternak intend to represent Defendant Rogel in this action, they shall file a notice of appearance in this case forthwith and publicly docket any correspondence with the Court in accordance with Rule 1.A. of this Court's Individual Practices. In the interim, any communication about Defendant Rogel's case with the Court should be made by Defendant Rogel himself, since he is currently proceeding pro se. Unless and until such request is made by Defendant Rogel, or his counsel should Posternak file a notice of appearance, IT IS HEREBY ORDERED THAT the request to stay the matter as to Defendant Rogel is denied. (Signed by Judge Richard J. Sullivan on 8/25/2016) (cla)
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Filing 264
LETTER addressed to Judge Richard J. Sullivan from Nicholas J. Nesgos dated 8/23/2016 re: Response to 260 Letter/Request to Stay Motion for Attorney's Fees. Document filed by Larry Rudolph.(cla)
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Filing 263
ORDER of USCA (Certified Copy) as to 239 Notice of Appeal, filed by Larry Rudolph, John Ossenmacher, Redigi Inc. USCA Case Number 16-2321. By notice filed 08/10/2016, Appellant John Ossenmacher, Redigi Inc. and Larry Rudolph Brief advised this Court that they filed a bankruptcy proceeding with the United States Bankruptcy Court for the Southern District of Florida on August 3, 2016. In accordance with the United States Bankruptcy Code § 362, 11.U.S.C. § 362, IT IS HEREBY ORDERED that this appeal is stayed. Appellant John Ossenmacher, Redigi Inc. and Larry Rudolph Brief are directed to inform this Court, in writing, as to the status of the automatic stay, within 14 days of the date of this order, thereafter at 30-day intervals, and immediately when the stay is lifted or when there are other developments in the bankruptcy proceeding which permit this matter to proceed or otherwise be resolved. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/11/2016. (nd)
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Filing 262
ORDER granting 243 Motion for Judgment. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's motion to register the judgment against Defendant Rogel in Massachusetts is GRANTED. Plaintiff may register the judgment against Defendant Rogel in Massachusetts. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 8/9/2016) (cf)
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Filing 261
ORDER: The Court is in receipt of a letter from Dana Kaplan, dated August 4, 2016, indicating that Defendants ReDigi, Inc. and John Ossenmacher have sought bankruptcy protection under Title 11 of the United States Code (Doc. No. 259) and a response from Plaintiff, dated August 8, 2016 (Doc. No. 260). Pursuant to the automatic stay provision in 11 U.S.C. § 362, IT IS HEREBY ORDERED THAT this matter is stayed with respect to Defendants ReDigi, Inc. and Ossenmacher pending the resolution of the bankruptcy action. The proceedings against Lawrence Rogel, a/k/a Larry Rudolph, however, are not stayed. IT IS FURTHER ORDERED THAT the parties shall submit a letter to the Court with an update on the status of the bankruptcy proceedings by October 3, 2016 and every 60 days thereafter. (Signed by Judge Richard J. Sullivan on 8/8/2016) (mro)
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Filing 260
LETTER addressed to Judge Richard J. Sullivan from RICHARD S. MANDEL dated 08/08/2016 re: RESPONSE TO DOCUMENT NUMBER 259. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 259
LETTER addressed to Judge Richard J. Sullivan from Dana Kaplan dated 8/4/16 re: Enclosed please find the Notice of Bankruptcy in the above referenced matter advising that Defendant ReDigi Inc, filed for relief under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court, Southern District of Florida on August 3, 2016 under Bankruptcy Court in case number: 16-20809-PGH and that Defendant John Ossenmacher filed for relief under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court, Southern District of Florida on August 3, 2016 under Bankruptcy Court in case number: 16-20810-EPK. (mro)
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Filing 258
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Mishcon de Reya shall not have an obligation to turn over any files the firm has retained in this matter until the payment of the $5,266.12 in costs or the posting of a security to cover such payment. (As further set forth in this Order) (Signed by Judge Richard J. Sullivan on 7/29/2016) (lmb)
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Filing 257
LETTER addressed to Judge Richard J. Sullivan from Mark S. Raskin dated July 27, 2016 re: the amount owed by Defendants ReDigi Inc., John Ossenmacher, and Larry Rudolph a/k/a Lawrence S. Rogel to Mishcon de Reya New York LLP. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph. (Attachments: # 1 Exhibit 1)(Raskin, Mark)
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Filing 256
NOTICE OF CHANGE OF ADDRESS by Mark S. Raskin on behalf of All Defendants. New Address: Mishcon de Reya New York LLP, 2 Park Avenue, 20th Floor, New York, New York, United States 10016, 2126123270. (Raskin, Mark)
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Filing 255
ORDER: Accordingly, IT IS HEREBY ORDERED THAT the motions of Adelman Matz and Mishcon de Reya to withdraw as counsel are GRANTED. IT IS FURTHER ORDERED THAT each firm's motion for a retaining lien is also GRANTED. Adelman Matz shall not have an obligation to tum over any files the firm has retained in this matter until payment of the $102,513.88 in attorneys' fees or the posting of a security to cover such payment. IT IS FURTHER ORDERED THAT Mishcon de Reya shall file a submission on the amount of payment owed to the firm by July 29, 2016. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 7/25/2016) (mro)
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Filing 254
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/29/16 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...(Siwik, Christine)
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Filing 253
TRANSCRIPT of Proceedings re: Conference held on 6/29/2016 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Kelly Surina, (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 8/15/2016. Redacted Transcript Deadline set for 8/25/2016. Release of Transcript Restriction set for 10/24/2016.(Siwik, Christine)
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Filing 251
ORDER: In light of the pending motions to withdraw as counsel from Adelman Matz P.C. and Mishcon de Reya New York LLP, IT IS HEREBY ORDERED THAT the deadline by which Defendants must respond to Plaintiff's motion for registration of the judgment in other districts (Doc. No. 243) is extended from July 22, 2016 to August 5, 2016. ( Responses due by 8/5/2016) (Signed by Judge Richard J. Sullivan on 7/21/2016) (mro)
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Filing 252
SEALED DOCUMENT placed in vault.(mps)
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Filing 250
NOTICE OF APPEARANCE by Jonathan Zachary King on behalf of Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (King, Jonathan)
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Filing 249
DECLARATION of John Ossenmacher in Response to Motion for Leave to Withdraw as Counsel by Adelman Matz, P.C.. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph. (Warshavsky, Oren)
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Filing 248
DECLARATION of RICHARD S. MANDEL, ESQ. in Support re: 246 MOTION for Attorney Fees .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandel, Richard)
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Filing 247
MEMORANDUM OF LAW in Support re: 246 MOTION for Attorney Fees . . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 246
MOTION for Attorney Fees . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 245
DECLARATION of RICHARD S. MANDEL in Support re: 243 MOTION for Judgment Registration.. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 244
MEMORANDUM OF LAW in Support re: 243 MOTION for Judgment Registration. . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 243
MOTION for Judgment Registration. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 242
NOTICE OF APPEARANCE by Tatiana Markel on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (Markel, Tatiana)
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Filing 241
NOTICE OF APPEARANCE by Peter Barrett Shapiro on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (Shapiro, Peter)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 239 Notice of Appeal, filed by Larry Rudolph, John Ossenmacher, Redigi Inc. were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 239 Notice of Appeal. (tp)
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Filing 240
ORDER granting 229 Letter Motion for Leave to File Document. As stated during the telephonic conference held earlier today, IT IS HEREBY ORDERED THAT Defendants shall respond by July 15, 2016 to the motions of Adelman Matz P.C. and Mishcon de Reya New York LLP to withdraw as counsel. Adelman Matz P.C. and Mishcon de Reya New York LLP may file a reply by July 20, 2016. IT IS FURTHER ORDERED THAT, in light of the fact that BakerHostetler will serve as counsel for Defendants' appeal, the Court grants the motions of Adelman Matz P.C. and Mishcon de Reya New York LLP to withdraw as counsel with respect to the appeal in this matter. Accordingly, Adelman Matz P.C. and Mishcon de Reya New York LLP are discharged for purposes of appeal. IT IS FURTHER ORDERED THAT Defendants shall submit any proposals for continued sealing or redactions of the transcript of today's conference by July 15, 2016. (Signed by Judge Richard J. Sullivan on 6/30/2016) (cf)
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Filing 239
NOTICE OF APPEAL from 109 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,,,,,,,,,,,, 222 Consent Judgment,,,,,,,,,,,,,,. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph. Filing fee $ 505.00, receipt number 0208-12488840. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Warshavsky, Oren)
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Filing 238
NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (Warshavsky, Oren)
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Set/Reset Deadlines: Responses due by 7/15/2016 Replies due by 7/20/2016. (cf)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Telephone Conference held on 6/30/2016 on the motions to withdraw of Adelman Matz P.C. and Mishcon de Reya New York LLP. Gary Adelman and Sarah Matz, of Adelman Matz P.C., Mark Raskin, Michael Salvatore DeVincenzo, and Vincent Filardo, Jr, of Mishcon de Reya New York LLP, and Oren Warshavsky, C. Dennis Loomis, and Robert Welsh, of BakerHostetler, along with Defendants John Ossenmacher and Larry Rudolph, and Stephen Andress, corporate counsel for ReDigi, Inc., present on the call. Court reporter present. (Guehenno, Claire)
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Filing 237
LETTER addressed to Judge Richard J. Sullivan from Mark S. Raskin, Robert Whitman, Vincent Filardo, Jr. and Michael S. DeVincenzo dated June 29, 2016 re: To show cause as to why Mishcon de Reya New York LLP should not be sanctioned pursuant to Federal Rule of Civil Procedure 16(f) for its failure to appear at the June 29, 2016 conference. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Raskin, Mark)
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Filing 236
ORDER: As stated at the conference held earlier today, IT IS HEREBY ORDERED THAT Adelman Matz P.C., counsel for Defendant ReDigi Inc., and Mishcon de Reya New York LLP, counsel for Defendants ReDigi Inc., John Ossenmacher, and Larry Rudolph, shall appear on Thursday, June 30, 2016 at 2:30 p.m. for a telephonic conference concerning the firms' motions to withdraw as counsel. IT IS FURTHER ORDERED THAT the individual defendants themselves, John Ossenmacher and Larry Rudolph, shall also participate in the telephonic conference. IT IS FURTHER ORDERED THAT Mishcon de Reya New York LLP shall file a written submission by 12 p.m. on June 30, 2016 to show cause as to why it should not be sanctioned pursuant to Federal Rule of Civil Procedure 16(f) for its failure to appear at today's conference. IT IS FURTHER ORDERED THAT Plaintiff shall file its motion to register the judgment in other districts by July 8, 2016. Defendants shall respond by July 22, 2016. IT IS FURTHER ORDERED THAT Plaintiff shall file its motion for attorneys' fees by July 15, 2016. Defendants shall respond by August 15, 2016 and Plaintiff shall file a reply, if any, by August 29, 2016. ( Motions due by 7/15/2016., Responses due by 8/15/2016, Replies due by 8/29/2016.) (Signed by Judge Richard J. Sullivan on 6/29/2016) (mro)
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Set/Reset Hearings: Telephone Conference set for 6/30/2016 at 02:30 PM before Judge Richard J. Sullivan. (mro)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: On 6/29/2016, the Court held a pre-motion conference on Plaintiff's contemplated motions for attorneys' fees and to register the judgment in other districts. Richard Mandel and Jonathan King present for Plaintiffs. Gary Adelman and Sarah Matz present for Defendant ReDigi, Inc. Court reporter present. The Court scheduled briefing on the motions as set forth in a separately docketed order. (Guehenno, Claire)
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Filing 235
LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' June 23, 2016 Pre Motion Conference Letter addressed to Judge Richard J. Sullivan from Sarah M. Matz dated June 28, 2016. Document filed by Redigi Inc..(Matz, Sarah)
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Filing 234
SEALED DOCUMENT placed in vault.(rz)
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Filing 233
SEALED DOCUMENT placed in vault.(mps)
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Filing 232
ORDER. IT IS HEREBY ORDERED THAT Adelman Matz P.C. and Mishcon de Reya New York LLP shall submit their motions to withdraw under seal by June 27, 2016. SO ORDERED. (Motions due by 6/27/2016.) (Signed by Judge Richard J. Sullivan on 6/23/2016) (rjm)
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Filing 231
LETTER addressed to Judge Richard J. Sullivan from Jonathan Z. King dated June 23, 2016 re: Request for a pre-motion conference in connection with Plaintiffs' proposed motion to register the Stipulated Final Judgment (Docket No. 22). Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(King, Jonathan)
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Filing 230
LETTER addressed to Judge Richard J. Sullivan from SARAH M. MATZ dated June 22, 2016 re: Letter Requesting Leave to File Motion to Withdraw (LCR 1.4) Under Seal and/or In Camera Pre-Motion Conference. Document filed by Redigi Inc..(Matz, Sarah)
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Filing 229
LETTER MOTION for Leave to File Motion to withdraw as counsel addressed to Judge Richard J. Sullivan from Mark S. Raskin dated June 22, 2016. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Raskin, Mark)
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Filing 228
MEMO ENDORSEMENT on re: 227 Letter, filed by Capitol Christian Music Group, Inc., Virgin Records IR Holdings, Inc., Capitol Records, LLC. ENDORSEMENT: IT IS HEREBY ORDERED THAT the conference previously scheduled for June 28, 2016 shall instead take place on June 29, 2016 at 10:30 a.m. ( Motion Hearing set for 6/29/2016 at 10:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/20/2016) (kgo)
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Filing 227
LETTER addressed to Judge Richard J. Sullivan from Jonathan Z. King dated June 20, 2016 re: Adjournment of the pre-motion conference Re Atty Fees (Docket No. 225). Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(King, Jonathan)
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Filing 226
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated June 13, 2016 re: Pre-Motion Letter Re: seeking attorney's fees. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 225
ORDER: The Court is in receipt of a pre-motion letter from Plaintiff, dated June 13, 2016, on its contemplated motion for attorneys' fees (Doc. No. 223), and a response from Defendants, dated June 16, 2016 (Doc. No. 224). IT IS HEREBY ORDERED THAT the parties shall appear for a conference on June 28, 2016 at 11 a.m. to address Plaintiff's contemplated motion for attorneys' fees. ( Motion Hearing set for 6/28/2016 at 11:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/17/2016) (mro) Modified on 6/20/2016 (mro).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Stephen Mandel to RE-FILE Document 223 MOTION for Attorney Fees Pre-motion letter re attorneys' fees. Use the event type Letter found under the event list Other Documents. (ldi)
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Filing 224
LETTER addressed to Judge Richard J. Sullivan from Gary Adelman and Michael De Vincenzo dated June 16, 2016 re: Response to Plaintiffs' Pre Motion Conference Letter. Document filed by Redigi Inc..(Adelman, Gary)
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Filing 223
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees Pre-motion letter re attorneys' fees. Document filed by Capitol Christian Music Group, Inc..(Mandel, Richard) Modified on 6/17/2016 (ldi).
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Filing 222
STIPULATED FINAL JUDGMENT SUBJECT TO RESERVATION OF RIGHT OF APPEAL: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: This Court has jurisdiction over the parties hereto and over the subject matter in issue, and venue is proper in this District. In the interest of efficiency and judicial economy, Plaintiffs and the ReDigi Parties agree to stipulate to the amount of damages set forth in paragraph 4 below and the form of a final injunction set forth in paragraph 5 below in order to permit this case to proceed to an appeal of the Summary Judgment Order. The relief awarded in paragraphs 4 and 5 below is expressly conditioned on the ReDigi Parties' reservation of their right of appeal as set forth in paragraph 3 below. The parties stipulate that the ReDigi Parties have expressly reserved their right on appeal to challenge solely the judgment of liability for copyright infringement as addressed in the Summary Judgment Order and no other rulings or orders in this case. If the judgment of liability for copyright infringement is reversed or vacated on appeal, wholly or partially, this Stipulated Final Judgment shall be set aside to the extent inconsistent with any such decision on appeal or ruling of this Court on remand. For the purpose of clarity, to the extent the question of the ReDigi Parties' liability for copyright infringement is reversed, reversed in part, or vacated and remanded, in whole or in part, both the damages award and the injunction will be set aside to the extent inconsistent with such a ruling. Otherwise, the parties agree that the provisions of this Stipulated Final Judgment, including the award of damages and injunction set forth in paragraphs 4 and 5, shall be fully binding on all parties. Enforcement of this Stipulated Conditional Final Judgment shall not be stayed pending appeal. Subject to paragraphs 2-3 above, the parties stipulate that the amount of damages awarded to Plaintiffs against the ReDigi Parties jointly and severally shall be three million five hundred thousand dollars ($3,500,000). For purpose of this judgment, the amount of damages is stipulated to be an equal amount for each recording Plaintiffs have accused Defendants of infringing. The parties agree that costs (other than attorneys' fees) shall not be awarded. However, Plaintiffs shall have the right under this Judgment to move for an award of attorneys' fees, provided that the amount of such fees to be sought by Plaintiffs shall be capped at not more than five hundred thousand dollars ($500,000) and the ReDigi Parties shall retain the right to oppose any such motion for an award of attorneys' fees. Nothing contained herein shall have any effect on the right of Plaintiffs or the ReDigi Parties to seek an award of attorneys' fees in connection with the appeal of this Stipulated Conditional Final Judgment or any future proceedings in the District Court that may occur following the entry of this Stipulated Conditional Final Judgment. This Court shall retain continuing jurisdiction over the parties to this Stipulated Conditional Final Judgment and over the subject matter of the Action for the purposes of interpreting and enforcing the terms of this Stipulated Final Judgment, subject to the ReDigi Parties' right of appeal set forth above. (As further set forth in this Stipulated Final Judgment.) (Signed by Judge Richard J. Sullivan on 6/3/2016) (Attachments: # 1 Right to Appeal attachment 1, # 2 Right to Appeal attachment 2)(mro) Modified on 6/8/2016 (mro).
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Terminate Transcript Deadlines (mro)
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Filing 221
ORDER granting in part and denying in part 220 Letter Motion to Reopen Case; granting in part and denying in part 220 Letter Motion to Stay. The Court is in receipt of a letter from the parties, dated April 28, 2016, requesting that the Court restore this action to the docket. (Doc. No. 220.) In light of this letter, the Court's April 4, 2016 Order (Doc. No. 211) is modified as follows. Although this case remains closed because of the parties' settlement, it is not dismissed with prejudice and without costs. Rather, IT IS HEREBY ORDERED THAT the parties shall submit a proposed stipulated final judgment subject to reservation of right to appeal and any contemplated motions regarding costs and fees by June 3, 2016. As stated in the Court's April 4, 2016 Order, any party may still send a letter by June 3, 2016 requesting to restore this action to the docket with an explanation for the request. (Signed by Judge Richard J. Sullivan on 4/28/2016) (kko) Modified on 4/28/2016 (kko).
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Filing 220
LETTER MOTION to Reopen Case / Restore Case to Docket addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and RICHARD MANDEL dated April 28, 2016., LETTER MOTION to Stay of All Deadlines Until June 3, 2016 addressed to Judge Richard J. Sullivan from GARY ADELMAN, MICHAEL DEVINCENZO and RICHARD MANDEL dated April 28, 2016. Document filed by Redigi Inc.. (Attachments: # 1 Text of Proposed Order)(Adelman, Gary)
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Set/Reset Deadlines: Motions due by 6/3/2016. (kko)
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Filing 219
ORDER granting 214 Motion for Protective Order. Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions.Now before the Court is a motion brought by Defendant ReDigi Inc. to seal portions of the transcript from a conference that took place before the Court on 4/4/2016. (Doc. No. 214) Accordingly, the Court finds that the parties' interests in resisting disclosure - at least until the Settlement is consummated - outweigh the public's interest in having access to the redacted portions of the transcript. The Court thus grants Defendant ReDigi's very narrow motion to seal portions of the transcript. Accordingly, IT IS HEREBY ORDERED THAT Defendant ReDigi's motion to seal is granted. The Clerk of the Court is respectfully directed to terminate the motion located at docket number 214. (Signed by Judge Richard J. Sullivan on 4/18/2016) (tro)
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Transmission to Sealed Records Clerk. Transmitted re: 219 Order on Motion for Protective Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tro)
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Filing 218
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/4/16 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)
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Filing 217
TRANSCRIPT of Proceedings re: conference held on 4/4/2016 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Pamela Utter, (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 5/9/2016. Redacted Transcript Deadline set for 5/19/2016. Release of Transcript Restriction set for 7/15/2016.(McGuirk, Kelly)
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Filing 216
DECLARATION of GARY ADELMAN in Support re: 214 MOTION for Protective Order to Seal.. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit 1-2, # 2 Affidavit Certificate of Service)(Adelman, Gary)
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Filing 215
MEMORANDUM OF LAW in Support re: 214 MOTION for Protective Order to Seal. . Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 214
MOTION for Protective Order to Seal. Document filed by Redigi Inc..(Adelman, Gary)
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Filing 213
NOTICE OF CHANGE OF ADDRESS by Jonathan Zachary King on behalf of Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. New Address: Cowan, Liebowitz & Latman, P.C., 114 West 47th Street, New York, New York, United States 10036-1525,. (King, Jonathan)
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Filing 212
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 4/4/2016 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (kl)
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Filing 211
ORDER: As stated at a conference before the Court earlier today, the parties have reached a settlement. Accordingly, IT IS HEREBY ORDERED THAT this case is dismissed with prejudice but without costs. IT IS FURTHER ORDERED THAT the Court retains jurisdiction to enforce the settlement agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). IT IS FURTHER ORDERED THAT within sixty days, Plaintiffs shall file a proposed final judgment. Within sixty days of the date of this Order, any party may send a letter requesting to restore this action to the docket with an explanation for the request. Upon receipt of such a letter, this action will be restored. IT IS FURTHER ORDERED THAT all conferences and deadlines are adjourned indefinitely. The Clerk of the Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/4/2016) (kl)
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Terminate Transcript Deadlines (kl)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Final Pretrial Conference held on 4/4/2016. Richard Mandel and Jonathan King present for Plaintiffs. Gary Adelman, Sarah Matz, Michael Salvatore DeVincenzo and Vincent Filardo, Jr present for Defendants. Court reporter present. The parties informed the Court that they have reached a settlement. (Guehenno, Claire)
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Filing 210
REPLY AFFIDAVIT of RICHARD S. MANDEL, ESQ. in Support re: 195 MOTION in Limine .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit A)(Mandel, Richard)
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Filing 209
REPLY AFFIDAVIT of ALASDAIR J. MCMULLAN, ESQ. in Support re: 195 MOTION in Limine .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 208
REPLY MEMORANDUM OF LAW in Support re: 195 MOTION in Limine . . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 207
ORDER granting 206 Letter Motion for Conference. IT IS HEREBY ORDERED THAT the final pre-trial conference in this matter previously scheduled for April 5, 2016 shall take place on April 4, 2016 at 12 p.m Final Pretrial Conference set for 4/4/2016 at 12:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 3/22/2016) (cf)
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Filing 206
LETTER MOTION for Conference Rescheduling addressed to Judge Richard J. Sullivan from SARAH M. MATZ dated March 22, 2016. Document filed by Redigi Inc..(Matz, Sarah)
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Filing 205
ORDER: Due to a conflict in the Court's calendar, the final pre-trial conference in this matter previously scheduled for March 25,2016 at 10 a.m. shall take place on April 5, 2016 at 9:30 a.m. ( Final Pretrial Conference set for 4/5/2016 at 09:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/21/2016) (mro)
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Filing 204
PRETRIAL MEMORANDUM. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 203
MEMORANDUM OF LAW in Opposition re: 195 MOTION in Limine . . Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph. (Raskin, Mark)
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Filing 202
NOTICE OF APPEARANCE by Michael Salvatore DeVincenzo on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (DeVincenzo, Michael)
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Filing 201
NOTICE OF APPEARANCE by Vincent Filardo, Jr on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (Filardo, Vincent)
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Filing 200
NOTICE OF APPEARANCE by Robert A. Whitman on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (Whitman, Robert)
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Filing 199
NOTICE OF APPEARANCE by Mark S. Raskin on behalf of John Ossenmacher, Redigi Inc., Larry Rudolph. (Raskin, Mark)
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Filing 198
PRETRIAL MEMORANDUM. Document filed by Redigi Inc..(Adelman, Gary)
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Filing 197
JOINT PRELIMINARY TRIAL REPORT. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 196
DECLARATION of ALASDAIR J. MCMULLAN, ESQ. in Support re: 195 MOTION in Limine .. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 195
MOTION in Limine . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 194
PROPOSED VOIR DIRE QUESTIONS. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 193
PROPOSED JURY INSTRUCTIONS. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 192
JOINT PRELIMINARY TRIAL REPORT. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 191
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 8/7/2013 re: response to ReDigi's pre-motion letter dated August 2, 2013, which requested a pre-motion conference concerning ReDigi's contemplated motion to exclude certain categories of tracks from being considered in any calculation of damages at trial. Document filed by Capitol Records, LLC. (kl)
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Filing 190
LETTER addressed to Judge Richard J. Sullivan from Gary Adelman dated 8/7/2013 re: response to Plaintiff Capitol Records, LLC's ("Capitol") letter dated August 2, 2013. Document filed by Redigi Inc. (kl)
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Filing 189
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 8/2/2013 re: regarding Capitol's proposed motion to amend its complaint. Capitol wishes to amend its complaint. Document filed by Capitol Records, LLC. (kl)
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Filing 188
LETTER addressed to Judge Richard J. Sullivan from Gary Adelman dated 8/2/2013 re: respectfully request a pre-motion conference in anticipation of making a motion to exclude certain categories of tracks from being considered in any calculation of damages at trial. Document filed by Redigi Inc. (kl)
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Filing 187
ORDER: The Clerk of the Court is respectfully directed to docket on ECF the four attached letters, which were submitted to the Court before electronic docketing of letters was required in the Southern District of New York. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 2/17/2016) (tro)
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Filing 186
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 2/16/2016 re: The parties jointly seek a conference to resolve the issues herein. ENDORSEMENT: IT IS HEREBY ORDERED THAT that parties' request for a conference is DENIED. The Court agrees with Plaintiffs that Plaintiffs may introduce evidence about recordings that were uploaded to the ReDigi server and offered for sale. The jury may then decide what, if any, damages are appropriate for such recordings. To the extent the individual Defendants would like a conference to "discuss pre-trial procedures and next steps with the Court," they are invited to consult the Court's scheduling order, dated October 13, 2015. (Doc. No. 177.) As previously ordered, the parties shall appear for a final pretrial conference on March 25, 2016 at 10 a.m. (Final Pretrial Conference set for 3/25/2016 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 2/17/2016) (tro)
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Filing 185
ORDER granting 184 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/13/2015) (mro)
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Filing 184
JOINT LETTER MOTION for Extension of Time regarding trial date and pre-trial dates addressed to Judge Richard J. Sullivan from Sarah M. Matz and Richard S. Mandel dated November 13, 2015. Document filed by Redigi Inc..(Matz, Sarah)
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Filing 183
ORDER: The Court is in receipt of the parties' joint conditional stipulation as to liability, dated October 29, 2015. (Doc. No. 178.) In light of the parties' agreement on liability, IT IS HEREBY ORDERED THAT the trial previously scheduled for April 11, 2016 shall now begin on February 22, 2016 at 9:30 a.m. and shall only address the issue of damages. IT IS FURTHER ORDERED THAT the parties shall submit a Joint Proposed Pretrial Order, as set out in the Court's October 13, 2015 Order (Doc. No. 177), by January 15, 2016. Within one week of the filing of the Joint Proposed Pretrial Order, any party may file oppositions to any motions in limine and oppositions to any legal argument in a pretrial memorandum. IT IS FURTHER ORDERED THAT the final pretrial conference previously scheduled for March 25, 2016 shall now take place on Wednesday, February 10, 2016 at 10 a.m. ( Proposed Pretrial Order due by 1/15/2016., Final Pretrial Conference set for 2/10/2016 at 10:00 AM before Judge Richard J. Sullivan., Jury Trial set for 2/22/2016 at 09:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/5/2015) (mro)
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Filing 182
ORDER GRANTING CONSENT MOTION OF HAUSFELD LLP TO WITHDRAW AS COUNSEL TO DEFENDANTS JOHN OSSENMACHER AND LARRY RUDOLPH granting 179 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED: A. The motion of Hausfeld LLP to withdraw as counsel for the Individual Defendants is GRANTED; B. Mr. James J. Pizzirusso, Mr. Seth Rich Gassman, and Mr. Nathaniel C. Giddings' appearances are withdrawn as of the date of this Order; C. The Individual Defendants shall inform the Court within 30 days of this Order whether they wish to proceed with new counsel or pro se; and D. This Order does not stay these proceedings. Attorney James J. Pizzirusso; Seth Rich Gassman and Nathaniel C. Giddings terminated. (Signed by Judge Richard J. Sullivan on 11/5/2015) (kko)
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Filing 181
DECLARATION of James J. Pizzirusso in Support re: 179 MOTION for James J. Pizzirusso, Seth R. Gassman, and Nathaniel C. Giddings to Withdraw as Attorney for Defendants John Ossenmacher and Larry Rudolph.. Document filed by John Ossenmacher, Larry Rudolph. (Pizzirusso, James)
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Filing 180
MEMORANDUM OF LAW in Support re: 179 MOTION for James J. Pizzirusso, Seth R. Gassman, and Nathaniel C. Giddings to Withdraw as Attorney for Defendants John Ossenmacher and Larry Rudolph. . Document filed by John Ossenmacher, Larry Rudolph. (Pizzirusso, James)
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Filing 179
MOTION for James J. Pizzirusso, Seth R. Gassman, and Nathaniel C. Giddings to Withdraw as Attorney for Defendants John Ossenmacher and Larry Rudolph. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Text of Proposed Order Granting Consent Motion of Hausfeld LLP to Withdraw as Counsel)(Pizzirusso, James)
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Filing 178
JOINT CONDITIONAL STIPULATION AS TO LIABILITY: John Ossenmacher and Prof. Larry Rudolph (the "Individual Defendants") and Capitol Records, LLC ("Capitol"), Capitol Christian Music Group, Inc., and Virgin Records IR Holdings, Inc. (collectively, "Plaintiffs") hereby move the Court to enter the following joint stipulation: 1. In the interest of efficiency and judicial economy, the Individual Defendants and Plaintiffs agree that the Individual Defendants will stipulate that the Individual Defendants will waive their right to contest their liability so that this case can proceed to a trial on damages and then to the appeals stage. Nothing in this stipulation is intended to nor should be construed to act as a waiver of the Individual Defendants' right to contest damages or their right to have the jury determine the amount of damages for which the Individual Defendants should be liable. 2. The Plaintiffs and Individual Defendants further stipulate that the Individual Defendants have expressly reserved their rights on appeal to challenge the Court's interlocutory rulings on summary judgment against co-Defendant, ReDigi, Inc. ("ReDigi") (ECF No. 109), the Individual Defendants' motion to dismiss (ECF No. 148), and the affirmative defenses the Individual Defendants sought to assert (ECF No. 175). If the Second Circuit rules in favor of ReDigi and/or the Individual Defendants on any of those issues, the Plaintiffs and the Individual Defendants agree that the Individual Defendants have expressly reserved their right to withdraw from this stipulation so that they may argue any of those issues decided in their favor by the Second Circuit, including liability, on remand, if necessary. If the Second Circuit rules against ReDigi and the Individual Defendants on all of those issues, the Plaintiffs and the Individual Defendants agree that this stipulation may not be withdrawn. 3. This stipulation is in the interest of judicial economy, as neither this Court nor a jury would have to determine the Individual Defendants' liability except in the case of a reversal and remand by the Second Circuit. 4. If the Second Circuit reverses this Court's decision in ECF Nos. 109, 148, or 175, the Plaintiffs and the Individual Defendants agree to file a joint motion for this stipulation to be withdrawn. Plaintiffs agree that in such circumstances, they will not be prejudiced by the withdrawal of this stipulation or the Individual Defendants' ability to contest their liability on remand, if necessary. 5. Plaintiffs and the Individual Defendants agree that res judicata does not apply to this stipulation to prevent the Individual Defendants from contesting their liability or any other issues on remand, if necessary, as this stipulation is expressly conditioned on the outcome of the appeal. For these reasons, the Plaintiffs and the Individual Defendants respectfully ask that the Court enter this conditional stipulation and allow the case to proceed to a trial on the issue of damages. (Signed by Judge Richard J. Sullivan on 10/30/2015) (mro)
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Filing 177
ORDER: The Court is in receipt of the parties' joint letter, dated October 9, 2015, requesting 120 days to continue settlement discussions and to streamline all remaining discovery in the case. IT IS HEREBY ORDERED THAT the request is granted and the parties shall update the Court by February 15, 2016 of the status of their settlement and discovery efforts. IT IS FURTHER ORDERED THAT the parties shall commence trial on any outstanding issues on the morning of April 11, 2016 at 9:30 a.m. in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED THAT, by March 11, 2016 the parties shall submit a Joint Proposed Pretrial Order that includes, in separately numbered paragraphs, the information required by Federal Rule of Civil Procedure 26(a)(3); as further set forth herein. IT IS FURTHER ORDERED THAT the parties shall file the following with the Joint Proposed Pretrial Order: Motions addressing any evidentiary or other issues which should be resolved in limine. IT IS FURTHER ORDERED THAT, within one week of the filing of the Joint Proposed Pretrial Order, any party may file the following documents: i. Oppositions to any motions in limine; and ii. Oppositions to any legal argument in a pretrial memorandum. IT IS FURTHER ORDERED THAT the parties shall appear for a final pretrial conference on Friday, March 25, 2016, at 10:00 a.m. to discuss the trial, which, as ordered above, will commence on the morning of April 11, 2016. (As further set forth in this Order.)( Motions due by 3/11/2016., Proposed Pretrial Order due by 3/11/2016., Final Pretrial Conference set for 3/25/2016 at 10:00 AM before Judge Richard J. Sullivan., Jury Trial set for 4/11/2016 at 09:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/13/2015) (mro)
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Filing 176
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel, James Pizzirusso, and Sarah Matz dated 9/9/2015 re: Plaintiff and Defendants jointly request that they be given thirty days (until October 9, 20 15) in order to (1) continue ongoing settlement discussions that began during the pendency of the recent motion decided by the Court in an effort to see if the matter can be resolved; and (2) discuss stipulations or other potential means that may be available to streamline preparation of the case for a damages trial and thereby accelerate its resolution. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 9/9/2015) (lmb)
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Filing 175
OPINION AND ORDER #105812: For the reasons set forth above, IT IS HEREBY ORDERED THAT the Individual Defendants are precluded from raising affirmative defenses that ReDigi previously waived or abandoned. As a result, the Individual Defendants' motion to compel Plaintiffs' compliance with discovery requests that pertain to defenses that the Individual Defendants cannot assert is DENIED. IT IS FURTHER ORDERED THAT, by September 9, 2015, the parties shall submit either (1) a joint letter apprising the Court of whether further discovery is necessary, (2) if the parties contemplate moving for summary judgment, pre-motion letters in accordance with the Court's Individual Practices, or (3) a joint letter apprising the Court of the parties' availability for trial. (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 8/27/2015) (mro) Modified on 9/9/2015 (soh).
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Filing 174
LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 12/30/14 re: Amended Declaration. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 173
DECLARATION of Richard S. Mandel, Esq. in Support re: 170 Memorandum of Law in Opposition. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mandel, Richard)
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Filing 172
REPLY MEMORANDUM OF LAW re: 170 Memorandum of Law in Opposition Individual Defendants Reply Memorandum of Law Regarding the Application of Res Judicata, Collateral Estoppel, and Law of The Case. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)
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Filing 171
DECLARATION of Richard S. Mandel, Esq. in Support re: 170 Memorandum of Law in Opposition. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mandel, Richard)
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Filing 170
MEMORANDUM OF LAW in Opposition re: 169 Memorandum of Law, . Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc.. (Mandel, Richard)
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Filing 169
MEMORANDUM OF LAW Regarding the Application of Res Judicata, Collateral Estoppel, and Law of the Case. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Affidavit Declaration of James J. Pizzirusso, # 2 Exhibit 1-5, # 3 Exhibit 6-10, # 4 Exhibit 11-15, # 5 Certificate of Service)(Giddings, Nathaniel)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Nathaniel C. Giddings to RE-FILE Document 168 MOTION Individual Defendants Memorandum of Law Regarding the Application of Res Judicata, Collateral Estoppel, and Law of the Case . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion WAS NOT FILED. First file Motion, then file and link any supporting documents. (db)
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Filing 168
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Individual Defendants Memorandum of Law Regarding the Application of Res Judicata, Collateral Estoppel, and Law of the Case . Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Affidavit Declaration of James J. Pizzirusso, # 2 Exhibit 1-5, # 3 Exhibit 6-10, # 4 Exhibit 11-15, # 5 Certificate of Service)(Giddings, Nathaniel) Modified on 12/8/2014 (db).
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Filing 167
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/7/2014 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)
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Filing 166
TRANSCRIPT of Proceedings re: conference held on 11/7/2014 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (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 12/26/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/5/2015.(McGuirk, Kelly)
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Filing 165
STIPULATION REGARDING SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, subject to the approval of this Court and further subject to the full and complete preservation of Individual Defendants' right to appeal the motion to dismiss and motion for reconsideration orders (the "Orders"), that Individual Defendants shall not be required to file a motion to dismiss the Second Amended Complaint in order to preserve their right to obtain appellate review of the Orders; IT IS HEREBY FURTHER STIPULATED AND AGREED, subject to approval of this Court, Individual Defendants, by not filing a motion to dismiss, are not waiving, but rather arc expressly reserving, their right to obtain appellate review of the Court's Orders, and, should an appellate court of competent jurisdiction reverse or vacate either or both of this Court's Orders in whole or in part, that Individual Defendants shall be permitted to seek appropriate relief on remand. (Signed by Judge Richard J. Sullivan on 11/13/2014) (tro)
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Filing 164
ANSWER to 161 Amended Complaint, with JURY DEMAND. Document filed by Redigi Inc..(Matz, Sarah)
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Filing 163
ANSWER to 161 Amended Complaint,. Document filed by John Ossenmacher, Larry Rudolph.(Giddings, Nathaniel)
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Filing 162
NOTICE of STIPULATION REGARDING SECOND AMENDED COMPLAINT. Document filed by John Ossenmacher, Larry Rudolph. (Giddings, Nathaniel)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Discovery Hearing was held on 11/7/2014. Richard Mandel and Jonathan King were present for the plaintiffs. Gary Edelman, Sarah Matz, and Nathaniel Giddings were present for the defendants. Court reporter was present. The Court ordered the defendants to file their brief on the issues discussed at the conference by 12/5/14. Plaintiffs are to file their response by 12/19/14; and the defendants are to file their reply by 12/23/14. (sc)
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Filing 161
SECOND AMENDED COMPLAINT amending 118 Amended Complaint against John Ossenmacher, Redigi Inc., Larry Rudolph.Document filed by Capitol Records, LLC, Virgin Records IR Holdings, Inc., Capitol Christian Music Group, Inc.. Related document: 118 Amended Complaint filed by Capitol Records, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandel, Richard)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Richard Mandel RE: Document No. 159 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. (moh)
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Filing 160
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Universal Music Group, Inc., Corporate Parent EMI Group Inc. for Capitol Christian Music Group, Inc., Virgin Records IR Holdings, Inc.. Document filed by Capitol Christian Music Group, Inc., Virgin Records IR Holdings, Inc..(Mandel, Richard)
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Filing 159
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending 118 Amended Complaint against All Defendants.Document filed by Capitol Records, LLC, Capitol Christian Music Group, Inc., Virgin Records IR Holdings, Inc.. Related document: 118 Amended Complaint filed by Capitol Records, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandel, Richard).
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Filing 158
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiff shall file the proposed amended complaint attached to their October 21, 2014 letter by October 30, 2014. ( Amended Pleadings due by 10/30/2014.) (Signed by Judge Richard J. Sullivan on 10/28/2014) (mro)
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Filing 157
LETTER addressed to Judge Richard J. Sullivan from SARAH M. MATZ and JAMES J. PIZZIRUSSO dated October 24, 2014 re: Opposition to Plaintiff's Request to Amend. Document filed by Redigi Inc..(Matz, Sarah)
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Filing 156
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel, James Pizzirusso dated 10/22/2014 re: Request for conference. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties' request for a conference to resolve these discovery disputes and to set a discovery schedule is GRANTED and will take place on November 7, 2014 at 4:30 p.m. SO ORDERED. (Status Conference set for 11/7/2014 at 04:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/24/2014) (ajs)
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Filing 155
ORDER denying 149 Motion for Reconsideration re 148 Memorandum & Opinion. Because the Individual Defendants simply rehash the same arguments advanced in their briefing in support of their motion to dismiss, IT IS HEREBY ORDERED THAT the Individual Defendants' motion is DENIED. As stated in the Court's September 22, 2014 Order, the parties are to submit a joint letter detailing the status of any remaining discovery disputes by October 22, 2014. (Signed by Judge Richard J. Sullivan on 10/15/2014) (tro)
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Filing 154
REPLY MEMORANDUM OF LAW in Support re: 149 MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. . Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)
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Filing 153
MEMORANDUM OF LAW in Opposition re: 149 MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. . Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 152
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 9/19/14 re: The parties acknowledge that, given the differences in their views, they may not be able to resolve all discovery and related disputes. However, they collectively believe that they will be in a better position to present a narrowed set of issues to the Court if they first devote their efforts to resolving as many by agreement as possible. ENDORSEMENT: The parties shall submit an updated joint letter detailing the status of any remaining discovery disputes by October 22, 2014. (Signed by Judge Richard J. Sullivan on 9/22/2014) (mro)
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Filing 151
ANSWER to 118 Amended Complaint with JURY DEMAND. Document filed by John Ossenmacher, Larry Rudolph.(Giddings, Nathaniel)
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Filing 150
MEMORANDUM OF LAW in Support re: 149 MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. Memorandum of Law in Support of Individual Defendants' Motion for Reconsideration. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)
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Filing 149
MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)
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Filing 148
OPINION AND ORDER re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint filed by Larry Rudolph, John Ossenmacher. For the reasons stated above, IT IS HEREBY ORDERED THAT the Individual Defendants' motion to dismiss the First Amended Complaint is DENIED. The Clerk of the Court is respectfully directed to terminate the motion at Doc. No. 126. IT IS FURTHER ORDERED THAT the parties shall submit a joint letter no later than September 19, 2014, advising the Court of the need for additional discovery and whether the parties contemplate post-discovery motions for summary judgment as to the Individual Defendants. (Signed by Judge Richard J. Sullivan on 9/2/2014) (mro)
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Filing 147
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/2/13 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...(Rodriguez, Somari)
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Filing 146
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/2/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Steven Griffing, (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 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/27/2014.(Rodriguez, Somari)
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Filing 145
ORDER: As discussed at today's conference, all formal discovery obligations are HEREBY STAYED until the Court's resolution of the pending motion to dismiss. The parties may, however, proceed with voluntary discovery. Furthermore, the parties shall not submit any pre-motion letters or file any further motions until the Court rules on the motion to dismiss. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/02/2013) (ama)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Discovery Hearing held on 12/2/2013. Richard Mandel and Jonathan King were present for Plaintiff Capitol Records. Gary Adelman and Sarah Matz were present for Defendant ReDigi. James Pizzirusso was present for Defendants John Ossenmacher and Larry Rudolph. Court reporter was present. The parties argued the discovery issues pending before the Court. The Court ordered that all discovery obligations be stayed until the resolution of the pending motion to dismiss. (sc)
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Filing 144
ORDER: that, because there are pending discovery disputes before the Court, the post-discovery conference scheduled for today at 2:30 p.m. is canceled. The parties shall appear at the conference scheduled for December 2, 2013 at 5:30 p.m. (Status Conference set for 12/2/2013 at 05:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/22/2013) (tn)
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Filing 143
ORDER: IT IS HEREBY ORDERED that the parties shall appear for a status conference on Monday, December 2, 2013, at 5:30 p.m. The parties shall be prepared to discuss whether Defendants John Ossenmacher and Larry Rudolph should be permitted to seek discovery for legal defenses that could have been raised, but were not, by Defendant ReDigi. (Status Conference set for 12/2/2013 at 05:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/20/2013) (rsh)
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Filing 142
ORDER. Upon the receipt of the Declaration of Richard Grabel, dated November 13, 2013, submitted pursuant to Local Civil Rule 1.4, Davis Shapiro & Lewit LLP's motion to withdraw as counsel for defendant ReDigi, Inc., is granted. (Signed by Judge Richard J. Sullivan on 11/18/2013) (rjm)
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Filing 141
NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Redigi Inc.. (Adelman, Gary)
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Filing 140
NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Redigi Inc.. (Matz, Sarah)
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Filing 139
NOTICE OF CHANGE OF ADDRESS by Sarah Michal Matz on behalf of Redigi Inc.. New Address: Adelman Matz P.C., 1173A Second Avenue, Ste 153, New York, New York, United States of America 10065, (646) 650-2207. (Matz, Sarah)
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Filing 138
NOTICE OF CHANGE OF ADDRESS by Gary Philip Adelman on behalf of Redigi Inc.. New Address: Adelman Matz P.C., 1173A Second Avenue, Ste 153, New York, New York, United States of America 10065, (646) 650-2207. (Adelman, Gary)
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Filing 137
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Individual Defendants Motion to Dismiss Plaintiffs First Amended Complaint. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
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Filing 136
REPLY MEMORANDUM OF LAW in Support re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint.. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
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Filing 135
ORDER FOR ADMISSION PRO HAC VICE: granting 130 Motion for Nathaniel Christian Giddings to Appear Pro Hac Vice. The motion of Nathaniel Christian Giddings, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Richard J. Sullivan on 10/17/2013) (ama)
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Filing 134
ORDER FOR ADMISSION PRO HAC VICE: granting 125 Motion for James Joseph Pizzirusso to Appear Pro Hac Vice. The motion of James Joseph Pizzirusso for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Richard J. Sullivan on 10/17/2013) (ama)
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Filing 133
MEMORANDUM OF LAW in Opposition re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 132
ACKNOWLEDGMENT OF SERVICE. Larry Rudolph served on 8/30/2013, answer due 9/20/2013. Service was accepted by James J. Pizzirusso. Esq.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 131
ACKNOWLEDGMENT OF SERVICE. John Ossenmacher served on 8/30/2013, answer due 9/20/2013. Service was accepted by James J. Pizzirusso. Esq.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 130
MOTION for Nathaniel Christian Giddings to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8919020. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Exhibit District of Columbia Certificate of Good Standing, # 2 Exhibit Illinois Certificate of Good Standing, # 3 Text of Proposed Order)(Giddings, Nathaniel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 130 MOTION for Nathaniel Christian Giddings to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8919020. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 129
SECOND AMENDED JOINT CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge. This case is to be tried to a jury, 4 days. Motion to Dismiss due by 9/20/2013. Responses due by 10/4/2013. Replies due by 10/18/2013. Discovery due by 11/8/2013. Post-Discovery Conference set for 11/22/2013 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/24/2013) (cd)
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Filing 128
CERTIFICATE OF SERVICE of Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint; Memorandum of Law in Support of Individual Defendants' Motion to Dismiss the First Amended Complaint. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
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Filing 127
MEMORANDUM OF LAW in Support re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint.. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
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Filing 126
MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint. Document filed by John Ossenmacher, Larry Rudolph.(Gassman, Seth)
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Filing 125
MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Exhibit DC Certificate of Good Standing, # 2 Exhibit VA Certificate of Good Standing, # 3 Text of Proposed Order)(Pizzirusso, James)
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Filing 124
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendants John Ossenmacher and Larry Rudolph shall submit their motion(s) to dismiss pursuant to Fed. R. Civ. P.12(b)(6) no later than September 20, 2013; Plaintiff shall respond no later than October 4, 2013; and Defendants shall reply no later than October 18, 2103. Parties shall not file pre-motion letters in connection with this motion to dismiss. IT IS FURTHER ORDERED THAT discovery will not be stayed pending resolution of the motion and that the parties shall jointly submit to the Court, no later than September 20, 2013, a revised Scheduling Order and Case Management Plan that amends the existing discovery deadlines to allow for the completion of all discovery by November 8, 2013. IT IS FURTHER ORDERED THAT Plaintiff shall not file its motion for summary judgment until the close of discovery and that any such motion shall be preceded by a pre-motion letter in conformity with Rule 2.A of the Court's Individual Practices. SO ORDERED. ( Discovery due by 11/8/2013., Motions due by 9/20/2013., Responses due by 10/4/2013, Replies due by 10/18/2013.) (Signed by Judge Richard J. Sullivan on 9/17/2013) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 125 MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 123
ANSWER to 118 Amended Complaint with JURY DEMAND. Document filed by Redigi Inc..(Adelman, Gary)
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Filing 122
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice.Filing Fee paid $200.00 receipt number 0208-8864497 Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Pizzirusso, James) Modified on 9/12/2013 (bcu). Modified on 9/12/2013 (bcu).
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Filing 121
NOTICE OF APPEARANCE by Seth Rich Gassman on behalf of Larry Rudolph. (Gassman, Seth)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 122 MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice. Filing Fee paid $200.00 receipt number 0208-8864497 Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Certificate of Good Standing must be issued from the State Court and not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) Modified on 9/12/2013 (bcu). Modified on 9/12/2013 (bcu).
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Filing 120
STIPULATED AMENDED PROTECTIVE ORDER GOVERNING THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... with attached ADDENDUM TO ORDER. This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 9/10/2013) (rjm)
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Filing 119
NOTICE OF APPEARANCE by Seth Rich Gassman on behalf of John Ossenmacher. (Gassman, Seth)
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Filing 118
FIRST AMENDED COMPLAINT amending 1 Complaint against Redigi Inc., John Ossenmacher, Larry Rudolph.Document filed by Capitol Records, LLC. Related document: 1 Complaint filed by Capitol Records, LLC.(ft)
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SUMMONS ISSUED as to John Ossenmacher, Redigi Inc., Larry Rudolph. (ft)
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Filing 117
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/9/13 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...(Rodriguez, Somari)
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Filing 116
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/9/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Patricia Nilsen, (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 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/5/2013.(Rodriguez, Somari)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 8/9/2013. Attorneys Richard Mandel and Jonathan King were present for Plaintiff. Attorneys Gary Adelman and Sarah Matz were present for Defendant. The Court granted leave to amend the complaint no later than 8/30/13. The Court also ordered the parties to submit a letter no later than 9/16/13 advising the Court of the next anticipated steps in this action, including Plaintiff's intent to file a motion for summary judgment on the question of individual Defendants' liability, and the anticipated length of and preferred dates for trial. Court reporter was present. (sc)
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Filing 114
ORDER: Accordingly, the Court sees no advantage in further delaying this action. Defendants' motion to certify the Memorandum and Order for interlocutory appeal is DENIED. The parties are HEREBY ORDERED to adhere to the discovery schedule entered in this action. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/20/2013) (ama)
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Filing 113
NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Redigi Inc. (Matz, Sarah)
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Mediator Session Held on 06/04/2013 at Mediator's Office.(ms)
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MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 6/4/13, 11:30AM at Mediator's Office.(ms)
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Filing 112
NOTICE OF CHANGE OF ADDRESS by Gary Philip Adelman on behalf of Redigi Inc.. New Address: Davis Shapiro & Lewit, LLP, 414 W 14th Street, 5th Floor, New York, New York, USA 10014, 212-230-5500. (Adelman, Gary)
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Mediator Session Held on 05/10/2013 at Mediator's Office.(sc)
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for May 10, 2013 at 2:00 PM. Session to take place at Mediator's office.(cda)
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Filing 111
JOINT AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All remaining discovery shall be completed by August 2, 2013. Discovery due by 8/2/2013. Pre-Motion Conference set for 8/9/2013 at 10:00 AM before Judge Richard J. Sullivan. This case has been referred to the Southern District's Mediation Program for a conference to be held no later than May 31, 2013. The parties have conferred and their present best estimate of the length of trial for the damages and remedy phase of this case is two days. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/06/2013) (ama)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/31/2013.(cda)
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Filing 110
ORDER: Accordingly, IT IS HEREBY ORDERED THAT the parties are referred to the Southern District's Mediation Program for a conference to be held no later than May 31, 2013. Given that referral, Defendant's request for an additional settlement conference is DENIED as redundant. IT IS FURTHER ORDERED THAT the parties shall submit a joint, proposed case management plan incorporating the discovery deadlines proposed in their letter. A template is available at http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=347. The Court will schedule a post-discovery conference in that Order. Finally, the Court will not presently address the parties' stated intentions to file motions as the parties have not filed any motions nor has the Court received any pre-motion letters pursuant to its Individual Rule of Practice 2.A. (Signed by Judge Richard J. Sullivan on 4/30/2013) (mro)
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Transmission to Mediation Clerk. Transmitted re: 110 Order,,,, to the Mediation Clerk for case processing. (mro)
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Filing 109
MEMORANDUM AND ORDER granting 48 Motion for Partial Summary Judgment; denying 54 Motion for Summary Judgment. At base, ReDigi seeks judicial amendment of the Copyright Act to reach its desired policy outcome. However, "[s]ound policy, as well as history, supports [the Court's] consistent deference to Congress when major technological innovations alter the market for copyrighted materials. Congress has the constitutional authority and the institutional ability to accommodate fully the varied permutations of competing interests that are inevitably implicated by such new technology. Sony, 464 U.S. at 431. Such deference often counsels for a limited interpretation of copyright protection. However, here, the Court cannot of its own accord condone the wholesale application of the first sale defense to the digital sphere, particularly when Congress its If has declined to take that step. Accordingly, and for the reasons stated above, the Court GRANTS Capitol's motion for summary judgment on its claims for ReDigi's direct, contributory, and vicarious infringement of its reproduction rights. The Court also DENIES ReDigi's motion in its entirety. Because issues remain with respect to Capitols performance and display rights and ReDigi's secondary infringement of Capitols common law copyrights, as well as damages, injunctive relief, and attorneys fees. IT IS HEREBY ORDERED THAT the parties shall submit a joint letter to the court no later than April 12, 2013 concerning the next contemplated steps in this case. The Clerk of Court is respectfully directed to terminate the motions pending at Doc. Nos. 48 and 54.(Signed by Judge Richard J. Sullivan on 3/30/2013) (ago) Modified on 4/1/2013 (ago).
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Filing 108
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/12 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)
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Filing 107
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Rose Prater, (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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 10/5/2012. The Court held an oral argument on October 5, 2012 in Courtroom 21C with Judge Richard J. Sullivan presiding. Attorneys Richard Stephen Mandel and Jonathan Zachary King were present for Plaintiff. Attorney Gary Phillip Adelman and his associate Sarah Matz were present for Defendant. Court reporter present. (lmb)
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Filing 106
ORDER: Upon the Stipulation to Change Attorneys dated April 20, 2012, Declaration pursuant to Rule 1.4 dated April24, 2012, and letter application dated October 3, 2012, the motion of RAY BECKERMAN, P.C., RAY BECKERMAN, and MORLAN TY ROGERS to withdraw as counsel for defendant ReDigi, Inc., is granted.SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/03/2012) (ama)
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Filing 105
ORDER: Upon the receipt of the Declaration of Mitchell Schuster, Esq., dated September 28, 2012, submitted pursuant to Local Civil Rule 1.4 and the Consent to Change Attorney dated September 28, 2012, MEISTER SEELIG & FEIN LLP's motion to withdraw as counsel for defendant ReDigi Inc., is granted. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/02/2012) (ama)
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Filing 104
NOTICE OF CHANGE OF ADDRESS by Gary Philip Adelman on behalf of Redigi Inc.. New Address: DAVIS SHAPIRO LEWIT & HAYES LLP, 689 Fifth Avenue, 5th Floor, New York, New York, USA 10022, 212-230-5515. (Adelman, Gary)
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Filing 103
NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Redigi Inc. (Adelman, Gary)
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Filing 102
ORDER: Accordingly, It is hereby ordered that both motions are granted pending Oral Argument on October 5, 2012 at 10:00 a.m. The Clerk of the Court is respectfully requested to terminate the motions at Doc. Nos. 96 and 99. So Ordered. (Signed by Judge Richard J. Sullivan on 9/5/2012) (js)
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Set/Reset Hearings: Oral Argument set for 10/5/2012 at 10:00 AM before Judge Richard J. Sullivan. (js)
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Filing 101
MEMORANDUM OF LAW in Support re: 99 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 100
DECLARATION of LAWRENCE ROGEL in Support re: 99 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 99
MOTION to Seal. Document filed by Redigi Inc..(Adelman, Gary)
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Filing 98
DECLARATION of MARK PIIBE in Support re: 96 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 97
MEMORANDUM OF LAW in Support re: 96 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 96
MOTION to Seal. Document filed by Capitol Records, LLC.(Mandel, Richard)
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Filing 95
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 8/28/2012 re: Because Capitol does not wish to burden the Court with additional submissions beyond the extensive papers already filed on the parties' cross-motions, it simply wishes to refer the Court to its previously submitted letter of August 20,2012 (written in response to ReDigi'srequest for an extension of the page limit for its reply brief) in which Capitol addresses the reasons why ReDigi's attempt to exclude the Jacobson declaration is without merit. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/28/2012) (ama)
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Filing 94
SEALED DOCUMENT placed in vault.(nm)
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Filing 93
CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW, DECLARATION OF GARY ADELMAN, DECLARATION OF LAWRENCE ROGEL served on CAPITOL RECORDS LLC on 8/24/12. Service was accepted by CAPITOL RECORDS LLC. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 92
DECLARATION of LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 91
DECLARATION of GARY ADELMAN in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 90
REPLY MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 89
SEALED DOCUMENT placed in vault.(nm)
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Filing 88
REPLY AFFIDAVIT of RICHARD S. MANDEL in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Mandel, Richard)
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Filing 87
REPLY MEMORANDUM OF LAW in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard)
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Filing 86
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Gary Adelman dated 8/17/2012 re: Pursuant to Your Honor's Individual Practices Rule 1.D, we write to respectfully request permission to file an oversized reply brief in support of ReDigi's motion for summary judgment to address the untimely submitted declaration of Doug Jacobson dated August 9, 2012 (Docket No. 75) ("Jacobson Decl.") in opposition to ReDigi's summary judgment motion, or alternatively, for the reasons below, that the Court exclude the Jacobson Decl., from consideration in connection with either party's motion for summary judgment. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 8/20/2012) (lmb)
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Filing 85
SEALED DOCUMENT placed in vault.(nm)
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Filing 84
CERTIFICATE OF SERVICE of ReDigi's Memorandum Of Law In Opposition to Plaintiff's Motion for Partial Summary Judgment, Adelman Declaration in Support, Ossenmacher Declaration in Support, Rogel Declaration in Support and ReDigi's Counter Statement Pursuant to Local Rule 56.1 served on CAPITOL RECORDS LLC on 8/14/12. Service was accepted by CAPITOL RECORDS LLC. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 83
COUNTER STATEMENT TO 50 Rule 56.1 Statement. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 82
DECLARATION of GARY ADELMAN in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 81
DECLARATION of JOHN OSSENMACHER in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 80
DECLARATION of LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 79
MEMORANDUM OF LAW in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 78
COUNTER STATEMENT TO 56 Rule 56.1 Statement. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(King, Jonathan)
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Filing 77
SEALED DOCUMENT placed in vault.(mps)
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Filing 76
MEMORANDUM OF LAW in Opposition re: 54 MOTION for Summary Judgment.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(King, Jonathan)
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Filing 75
DECLARATION of DOUG JACOBSON in Opposition re: 54 MOTION for Summary Judgment.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(King, Jonathan)
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Filing 74
DECLARATION of RICHARD S. MANDEL in Opposition re: 54 MOTION for Summary Judgment.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(King, Jonathan)
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Filing 73
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: 54 MOTION for Summary Judgment. Plaintiff's Response to Defendant's Statement of Undisputed Facts Pursuant to Local Rule 56.1. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(King, Jonathan) Modified on 8/14/2012 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonathan Zachary King to RE-FILE Document 73 Response in Opposition to Motion. Use the event type Counter Statement Rule 56.1 found under the event list Other Answers. (db)
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Filing 72
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel and Gary Adelman dated 8/2/2012 re: The parties jointly request a four day adjustment of the current briefing schedule for summary judgment motions in order to accommodate counsel's vacation schedules. The parties propose that summary Judgment opposition papers would be due on August 14 instead of August 10, and that reply papers would be due on August 24 instead of August 20. The parties also jointly request that opposition and reply papers be conditionally filed under seal in accordance with the same procedure approved by the Court in connection with the moving papers. In order to avoid duplicative sealing motions, the parties request that they be permitted to make the required followup submissions supporting sealing of any of their confidential material contained in either opposition or reply papers by August 31, 2012. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 8/2/2012) (jfe)
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Set/Reset Deadlines as to 48 MOTION for Partial Summary Judgment - Notice of Motion., 54 MOTION for Summary Judgment.. Responses due by 8/14/2012 Replies due by 8/24/2012. (jfe)
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Filing 71
ADDENDUM TO ORDER: granting 63 Motion to Seal; granting 67 Motion to Seal. On July 27, 2012, both Plaintiff and Defendant filed motions to seal certain documents that were conditionally filed under seal in connection with the parties' cross-motions for summary judgment. Both parties also submitted affidavits and a memorandum of law in support of their motions, addressing the standard for filing documents under seal, and demonstrating that "the privacy interests of those resisting disclosure" overcome the presumption of public access to judicial documents in the present matter. Accordingly, IT IS HEREBY ORDERED THAT both motions are granted. (Signed by Judge Richard J. Sullivan on 7/31/2012) (ja)
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Transmission to Sealed Records Clerk. Transmitted re: 71 Order on Motion to Seal, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ja)
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Filing 70
ORDER: that Public Knowledge's request for leave to file an amicus curiae brief is denied. (Signed by Judge Richard J. Sullivan on 7/30/2012) (cd)
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Filing 69
DECLARATION of LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL in Support re: 67 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 68
MEMORANDUM OF LAW in Support re: 67 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 67
MOTION to Seal. Document filed by Redigi Inc..(Adelman, Gary)
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Filing 66
ORDER. IT IS HEREBY ORDERED THAT Defendant's motion for reconsideration of the Court's June 13, 2012 Order is denied. IT IS FURTHER ORDERED THAT discovery with respect to ReDigi customers is stayed, pending the Court's resolution of the parties' cross-motions for summary judgment. The Clerk of the Court is respectfully requested to terminate the motion located at Doc. No. 41. Denying 41 Motion for Reconsideration. (Signed by Judge Richard J. Sullivan on 7/26/2012) (rjm)
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Filing 65
DECLARATION of Mark Piibe in Support re: 63 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 64
MEMORANDUM OF LAW in Support re: 63 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 63
MOTION to Seal. Document filed by Capitol Records, LLC.(Mandel, Richard)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 7/26/2012 re: 41 MOTION for Reconsideration. filed by Redigi Inc.. (pl)
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Filing 62
SEALED DOCUMENT placed in vault.(mps)
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Filing 61
CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment, Memorandum of Law in Support of Motion for Summary Judgment, Statement of Undisputed Facts Pursuant to Rule 56.1, Declaration of Gary Adelman (with exhibits 1-13), Declaration of L. Rogel, Declaration of C. Worth, Declaration of J. Lin served on CAPITOL RECORDS LLC on 7/20/12. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 60
DECLARATION of JONATHAN LIN in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 59
DECLARATION of COLIN WORTH in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 58
DECLARATION of LARRY RUDOLPH (a/k/a LAWRENCE S. ROGEL) in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 57
DECLARATION of GARY ADELMAN in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit Exhibit 1-3, # 2 Exhibit Exhibit 4-13)(Adelman, Gary)
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Filing 56
RULE 56.1 STATEMENT. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 55
MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 54
MOTION for Summary Judgment. Document filed by Redigi Inc.. Responses due by 8/10/2012 Return Date set for 8/20/2012 at 11:59 PM.(Adelman, Gary)
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Filing 53
SEALED DOCUMENT placed in vault.(mps)
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Filing 52
DECLARATION of Richard S. Mandel in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, 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 Appendix of Deposition Excerpts, # 15 Certificate of Service)(Mandel, Richard)
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Filing 51
DECLARATION of Alasdair J. McMullan in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Mandel, Richard)
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Filing 50
RULE 56.1 STATEMENT. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard)
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Filing 49
MEMORANDUM OF LAW in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard)
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Filing 48
MOTION for Partial Summary Judgment - Notice of Motion. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard)
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Filing 47
ORDER: It is hereby ordered that the parties shall appear for a telephone conference regarding Defendant's motion for reconsideration Thursday, July 26, 2012 at 3:30 p.m. The parties shall gather on one line and call Chambers at (212) 805-0264 ( Telephone Conference set for 7/26/2012 at 03:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/16/2012) (js)
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Filing 46
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 7/12/2012 re: The parties jointly request leave to file portions of their respective summary judgment motions next week under conditional seal, subject to subsequent submission of further papers by each party no later than July 27, 2012 addressing the justifications for the continued sealing of documents containing information that has been designated by that particular party as Confidential Discovery Material under the Stipulated Protective Order entered in this case (Docket No. 38) (the "Protective Order"). ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/12/2012) (ama)
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Filing 45
REPLY MEMORANDUM OF LAW in Support re: 41 MOTION for Reconsideration.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 44
MEMORANDUM OF LAW in Opposition re: 41 MOTION for Reconsideration.. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 43
ORDER: that Plaintiff shall file a submission in response no later than July 13, 2012. IT IS HEREBY ORDERED THAT Plaintiffs request for a 60-day extension of the discovery schedule is denied. ( Responses due by 7/13/2012) (Signed by Judge Richard J. Sullivan on 6/28/2012) (pl)
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Filing 42
MEMORANDUM OF LAW in Support re: 41 MOTION for Reconsideration.. Document filed by Redigi Inc.. (Adelman, Gary)
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Filing 41
MOTION for Reconsideration. Document filed by Redigi Inc.. Return Date set for 7/9/2012 at 09:30 AM.(Adelman, Gary)
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Filing 40
ORDER: IT IS HEREBY ORDERED THAT: With regard to the first dispute, ReDigi need not produce documents disclosing the identities of shareholders and/or investors. With regard to the second dispute, ReDigi shall comply with Capitol's Request No. 13. With regard to the third dispute, ReDigi shall comply with Capitol's Request No. 24 and 25. With regard to the fourth dispute, Capitol need not produce documents relating to Capitol's agreement with Amazon.com. (Signed by Judge Richard J. Sullivan on 6/13/2012) (jfe)
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Filing 39
ADDENDUM TO ORDER: This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d ll0, 119-20 (2d Cir. 2006) and any other controlling authority.Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 5/14/2012) (js)
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Filing 38
STIPULATED PROTECTIVE ORDER GOVERNING THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Richard J. Sullivan on 5/14/2012) (js)
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Filing 37
AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All fact discovery is to be completed no later than June 20, 2012. Depositions shall be completed by June 20, 2012. Both sides' moving papers to be filed by July 20, 2012. Both sides' opposition papers to be filed by August 10, 2012. Both sides' reply papers to be filed by August 20, 2012. The Court will conduct an oral argument on 10/5/12 at 10:00 a.m. Parties have conferred and their present best estimate of the length of trial is three days. (Signed by Judge Richard J. Sullivan on 4/30/2012) (mro)
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Filing 36
ORDER: IT IS HEREBY ORDERED THAT counsel for Plaintiff and Defendant's proposed new counsel, Meester Seelig & Fein LLP, shall submit a joint letter to the Court no later than April 27, 2012, informing the Court as to whether deadlines in the current Case Management Plan will be affected by the contemplated substitution of counsel. (Signed by Judge Richard J. Sullivan on 4/24/2012) (jfe)
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Filing 35
DECLARATION of RAY BECKERMAN Pursuant to Rule 1.4 in support of substitution of attorneys for defendant. Document filed by Redigi Inc.. (Beckerman, Ray)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Ray Beckerman to RE-FILE Document 34 MOTION to Substitute Attorney. Old Attorney: Ray Beckerman, PC, Ray Beckerman, Morlan Ty Rogers, New Attorney: Gary Adelman, Meister Seelig & Fein LLP Statement pursuant to Rule 1.4 in support of previously submitted stipulation. Use the event type Declaration (non-motion) found under the event list Other Answers. (ldi)
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Filing 34
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Substitute Attorney. Old Attorney: Ray Beckerman, PC, Ray Beckerman, Morlan Ty Rogers, New Attorney: Gary Adelman, Meister Seelig & Fein LLP Statement pursuant to Rule 1.4 in support of previously submitted stipulation. Document filed by Redigi Inc..(Beckerman, Ray) Modified on 4/24/2012 (ldi).
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Filing 33
ORDER: The Court is in receipt of a submission from counsel for Defendant ReDigi, Inc. seeking to substitute Meister Seelig & Fein LLP for Ray Beckerman, P.C. as Defendant's attorneys of record. Local Civil Rule 1.4, which governs the withdrawal or displacement of attorney of record, dictates that "[a]n attorney who has appeared as attorney of record for a party may be relieved or displaced only by order of the Court and may not withdraw from a case without leave of the Court granted by order." Accordingly, IT IS HEREBY ORDERED THAT Defendant's request is denied. If Defendant intends to make another such request, it shall follow Local Civil Rule 1.4. (Signed by Judge Richard J. Sullivan on 4/23/201) (djc)
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Filing 32
NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Redigi Inc. (Adelman, Gary)
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Filing 31
CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All fact discovery is to be completed no later than May 21, 2012. Depositions shall be completed by May 21, 2012. Both sides' moving papers to be filed by June 20, 2012. Both sides' opposition papers to be filed by July 11, 2012. Both sides' reply papers to be filed by July 19, 2012. The Court will conduct oral argument on Friday, August 17, 2012 at 9:30 a.m. Parties have conferred and their present best estimate of the length of trial is three (3) days. (Signed by Judge Richard J. Sullivan on 2/14/2012) (mro)
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Filing 30
ORDER: The Court is in receipt of letters from both Plaintiff and Defendant, each dated February 14, 2012, regarding the parties' proposed Case Management Plan. In its letter, Defendant suggests "establish[ing] a firm, publicly known, deadline for the filing of amicus curiae motions [in connection with the parties' summary judgment motions]" and "dispens[ing] with pre-motion conferences for those motions." Plaintiff opposes Defendant's requests. Because Defendant has not demonstrated any facts to overcome the Court's conclusion, as stated in an Order dated February 1, 2012, that the parties are fully capable of raising issues that third parties would raise in amicus curiae briefs and have every incentive to do so, Defendant's requests ARE HEREBY DENIED. The parties' proposed Case Management Plan, as modified by the Court, is set forth in a separate Order. (Signed by Judge Richard J. Sullivan on 2/14/2012) (mro)
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Filing 29
ORDER: The Court is in receipt of a letter from Defendant dated February 11, 2012, informing the Court that Rdio, Inc., has terminated Defendant's access to its site and requesting a pre-motion conference in connection with Defendant's contemplated motion for a temporary restraining order and preliminary injunction "towards reinstatement of the Rdio licenses, and for leave to amend the answer to include counterclaim(s)." Defendant's letter-which is barely four sentences long-offers no legal theory or authority whatsoever as a basis for this Court to enjoin a third party from terminating its contractual relationship with Defendant. Accordingly, absent a further submission setting forth the legal bases for its contemplated motion, Defendant's request for a pre-motion conference is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 2/13/2012) (mro)
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Filing 28
NOTICE OF CHANGE OF ADDRESS by Morlan Ty Rogers on behalf of Redigi Inc.. New Address: Ray Beckerman, P.C., 108-18 Queens Blvd., 4th Floor, Forest Hills, NY, USA 11375, (718) 793-4903. (Rogers, Morlan)
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Filing 27
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 2/6/12 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)
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Filing 26
TRANSCRIPT of Proceedings re: Argument held on 2/6/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Michael McDaniel, (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 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
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Filing 25
ORDER. Plaintiff's motion for a preliminary injunction is HEREBY DENIED. As directed by the Court at today's conference, IT IS HEREBY ORDERED THAT, by Monday, February 20, 2012 at 4:00 p.m., the parties shall submit a proposed case management plan and scheduling to my chambers as further set forth in this order. (Signed by Judge Richard J. Sullivan on 2/6/2012) (rjm)
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Filing 24
ORDER. The Court is in receipt of a letter from counsel for non-party Google Inc. dated February 1, 2012, which seeks leave to file an amicus curiae brief "in order to highlight the importance of the copyright law questions Plaintiff's pending preliminary injunction motion raises." Because the Court believes that the parties are fully capable of raising these issues themselves- and have every incentive to do just that Google Inc.'s request is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 2/1/2012) (rjm)
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Filing 23
DECLARATION of ALASDAIR J. MCMULLAN in Support. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandel, Richard)
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Filing 22
DECLARATION of MARK PIIBE in Support. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 21
REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for Preliminary Injunction. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 20
DECLARATION of RAY BECKERMAN in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - iTunes Terms & Conditions, # 2 Exhibit B - Capitol Records Admissions at Oral Argument of MGM v Grokster March 29, 2005, excerpt, # 3 Exhibit C - Nielsen Billboard Report for 2011, January 5, 2012, excerpt, # 4 Exhibit D - Steve Jobs: The Rolling Stone Interview, Rolling Stone Magazine December 3, 2003, excerpt)(Beckerman, Ray)
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Filing 19
MEMORANDUM OF LAW in Support of Motion for a Preliminary Injunction. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 18
DECLARATION of Richard S. Mandel in Support. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 17
DECLARATION of Alasdair J. McMullan in Support. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 1 Part 3, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Mandel, Richard)
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Filing 16
DECLARATION of LARRY RUDOLPH in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - Curriculum Vitae, # 2 Exhibit B - Patent Application Abstract)(Beckerman, Ray)
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Filing 15
DECLARATION of JOHN OSSENMACHER in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - Cloud Storage Articles, # 2 Exhibit B - Rdio Agreements, # 3 Exhibit C - ReDigi Terms & Conditions Par 5 (c))(Beckerman, Ray)
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Filing 14
MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by Redigi Inc.. (Beckerman, Ray)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc. (Rogers, Morlan) Modified on 1/27/2012 (ldi).
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ray Beckerman in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rogers, Morlan) Modified on 1/27/2012 (ldi).
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Larry Rudolph (aka Lawrence S. Rogel in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause.. Document filed by Redigi Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rogers, Morlan) Modified on 1/27/2012 (ldi).
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John Ossenmacher in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rogers, Morlan) Modified on 1/27/2012 (ldi).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Morlan Ty Rogers to RE-FILE Document 10 Declaration in Opposition to Motion, 11 Declaration in Opposition to Motion, 12 Declaration in Opposition to Motion, 13 Memorandum of Law in Opposition to Motion. ERROR(S): Documents linked to filing error. Re-File using the event types: Declaration in Opposition (non-motion) and Memorandum of Law in Opposition (non-motion), both found under the event list Other Answers. (ldi)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Richard Stephen Mandel to MANUALLY RE-FILE Document No. 8 Order To Show Cause, with the Orders and Judgments Department. This document is NOT filed via ECF. NOTE: The Declarations (with exhibits) may be electronically filed using the event type Declaration in Support (non-motion) found under Other Answers. (ldi)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard Stephen Mandel to RE-FILE Document 9 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. Re-File using the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. (ldi)
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 8 MOTION for Preliminary Injunction Order to Show Cause.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard) Modified on 1/27/2012 (ldi).
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Filing 8
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Preliminary Injunction Order to Show Cause. Document filed by Capitol Records, LLC. (Attachments: # 1 Declaration of Alasdair J. McMullen, # 2 Exhibit 1 Part 1 of McMullen Declaration, # 3 Exhibit 1 Part 2 of McMullen Declaration, # 4 Exhibit 1 Part 3 of McMullen Declaration, # 5 Exhibit 2 of McMullen Declaration, # 6 Exhibit 3 of McMullen Declaration, # 7 Exhibit 4 of McMullen Declaration, # 8 Exhibit 5 of McMullen Declaration, # 9 Exhibit 6 of McMullen Declaration, # 10 Exhibit 7 of McMullen Declaration, # 11 Declaration of Richard S. Mandel, # 12 Certificate of Service)(Mandel, Richard) Modified on 1/27/2012 (ldi).
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Filing 7
ORDER: that Plaintiff submit a response to Defendant's pre-motion letter no later than January 24, 2012. The Court also received a submission from Plaintiff on January 20, 2012, requesting a preliminary injunction to prevent Defendant from alleged infringement of Capitol's copyrighted sound recordings and album artwork. After conferring with the parties, the Court HEREBY ORDERS that Defendant shall submit a response to Plaintiff's request no later than 4:00 p.m. on Friday, January 27, 2012. Plaintiff's reply, if any, shall be submitted no later than 4:00 p.m. on Wednesday, February 1, 2012. The parties shall appear for a hearing on Plaintiff's request on Monday, February 6, 2012. At the hearing, the Court will also address Defendant's contemplated motion for summary judgment. (Signed by Judge Richard J. Sullivan on 1/20/2012) (cd)
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Filing 6
ANSWER to 1 Complaint. Document filed by Redigi Inc..(Rogers, Morlan)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Redigi Inc..(Rogers, Morlan)
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Filing 4
NOTICE OF APPEARANCE by Morlan Ty Rogers on behalf of Redigi Inc. (Rogers, Morlan)
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Filing 3
NOTICE OF APPEARANCE by Ray Beckerman on behalf of Redigi Inc. (Beckerman, Ray)
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Filing 2
SUMMONS RETURNED EXECUTED Summons and Complaint served. Redigi Inc. served on 1/6/2012, answer due 1/27/2012. Service was accepted by John Ossenmacher - President. Document filed by Capitol Records, LLC. (Mandel, Richard)
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Filing 1
COMPLAINT against Redigi Inc. (Filing Fee $ 350.00, Receipt Number 6197)Document filed by Capitol Records, LLC.(ama)
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SUMMONS ISSUED as to Redigi Inc. (ama)
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Magistrate Judge Andrew J. Peck is so designated. (ama)
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Mailed notice to Register of Copyrights to report the filing of this action. (ama)
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Case Designated ECF. (ama)
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| Search for this case: Capitol Records, LLC v. Redigi Inc. | |
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| Plaintiff: Capitol Records, LLC | |
| Represented By: | Robert William Clarida |
| Represented By: | Jonathan Zachary King |
| Represented By: | Richard Stephen Mandel |
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| Defendant: Redigi Inc. | |
| Represented By: | Ray Beckerman |
| Represented By: | Morlan Ty Rogers |
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