ABKCO Music, Inc. et al v. Sagan et al
Plaintiff: Imagem Music LLC, EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., EMI April Music Inc., Songs of Peer, Ltd., EMI Blackwood Music Inc., EMI Algee Music Corp., EMI Consortium Songs, Inc., Peermusic III, Ltd., Colgems-EMI Music Inc., Stone Agate Music, Peermusic Ltd., Spirit Catalog Holdings S.A.R.L., EMI Feist Catalog Inc., Stone Diamond Music Corp., EMI Consortium Music Publishing, Inc., Peer International Corporation, ABKCO Music, Inc., Jobete Music Co., Inc., WB Music Corp., Spirit Two Music, Inc., PSO Limted, Warner-Tamerlane Publishing Corp. and Screen-Gems-Emi Music Inc.
Petitioner: Keith Richards
3Rd Party Plaintiff: Bill Graham Archives, LLC, Norton LLC and William Sagan
3Rd Party Defendant: David Israelite and The National Music Publishers' Association
Not Yet Classified: David Byrne
Case Number: 1:2015cv04025
Filed: May 27, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Sarah L Cave
Referring Judge: Edgardo Ramos
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Defendant
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2019 Opinion or Order Filing 325 SEALED DOCUMENT placed in vault.(mhe)
October 18, 2019 Opinion or Order Filing 324 ORDER granting #321 Letter Motion for Conference. At a status conference held on April 18, 2019, the instant action was entered on the Court's trial calendar for November 4, 2019. See Transcript, doc. 283. Due to the priority of a criminal trial before the Court, the November 4 trial date is adjourned, and the following case scheduling order is hereby adopted: 1. A jury trial will commence on Monday, March 2, 2020 at 9:00 AM. 2. Motions in limine are due January 31, 2020, and oppositions thereto are due February 14, 2020. 3. Proposed jury instructions, voir dire questions, and verdict sheet are due January 31, 2020, and objections thereto are due February 14, 2020. 4. The Final Pretrial Conference shall be held on February 27, 2020 at 2:30 PM. The Clerk of the Court is respectfully directed to terminate the motion, doc. 321. Final Pretrial Conference set for 2/27/2020 at 02:30 PM before Judge Edgardo Ramos. Jury Trial set for 3/2/2020 at 09:00 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 10/18/2019) (mro)
October 18, 2019 Opinion or Order Set/Reset Deadlines: Motions due by 1/31/2020. Responses due by 2/14/2020 (mro)
October 15, 2019 Opinion or Order Filing 323 LETTER REPLY to Response to Motion addressed to Judge Edgardo Ramos from Tal Dickstein dated 10/15/2019 re: #321 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Tal Dickstein dated October 11, 2019. . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Dickstein, Tal)
October 11, 2019 Opinion or Order Filing 326 OPINION AND ORDER re: #287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Issues in the Court's Orders on Summary Judgment and Defendants' Motion For Reconsideration] filed by Bill Graham Archives, LLC, William Sagan, Norton LLC. For the foregoing reasons, the defendants' petition for a certification of interlocutory appeal is DENIED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 287. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 10/11/2019) (rro) (rro).
October 11, 2019 Opinion or Order Filing 322 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Erin R. Ranahan dated October 11, 2019 re: #321 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Tal Dickstein dated October 11, 2019. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
October 11, 2019 Opinion or Order Filing 321 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Tal Dickstein dated October 11, 2019. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
October 7, 2019 Opinion or Order Filing 320 SEALED DOCUMENT placed in vault.(mhe)
October 5, 2019 Opinion or Order Filing 319 DECLARATION of Erin R. Ranahan in Support re: #315 MOTION in Limine to Preclude Testimony and Evidence Related to Third-Party Cease and Desist Communications (Motion In Limine No. 5)., #313 MOTION in Limine to Preclude Testimony and Evidence Related to Summary Exhibits For Which No Underlying Data Was Produced (Motion In Limine No. 4)., #310 MOTION in Limine to Preclude Testimony and Evidence Related to Mr. Sagan's Property Holdings and Unrelated Third-Party Businesses (Motion In Limine No. 3)., #305 MOTION in Limine To Exclude Witnesses and Documents Not Timely Disclosed (Motion In Limine No. 1)., #307 MOTION in Limine to Preclude Testimony and Reference to Pending Lawsuit Against Defendants (Motion In Limine No. 2).. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - Plaintiffs' Initial Disclosures, #2 Exhibit B - Plaintiffs' Responses and Objections, #3 Exhibit C - Production email dated September 24, 2019, #4 Exhibit D - Plaintiffs' Responses and Objections to Defendants First RFPs, #5 Exhibit E - Levy Deposition Transcript, #6 Exhibit F - Blietz Deposition Transcript, #7 Exhibit G - Riggs Deposition Transcript, #8 Exhibit H - 2009 Property Deed, #9 Exhibit I - Declaration of Value Form, dated March 26, 2012, #10 Exhibit J - Annual Report of August Healthcare Services, Inc., #11 Exhibit K - Annual Report of August Healthcare Services, Inc., #12 Exhibit L - Authority to Transact Business for August Healthcare Services, Inc., #13 Exhibit M - Documents filed with the Texas Office of the Secretary of State for Benesight, Inc., #14 Exhibit N - Secretary of State Annual Lists for 2016 and 2017 filed by Bill Graham Archives, LLC, #15 Exhibit O - Application for Foreign Registration by Bill Graham Archives, LLC, #16 Exhibit P - Copy of State of California Statement of Information for Boyle LLC, #17 Exhibit Q - Pennsylvania Application for Registration of Fictitious Name for Comprehensive Benefit Service Co., Inc., #18 Exhibit R - Certified copy of Articles of Incorporation of Contact Lens Research Associates, Inc., #19 Exhibit S - Report for EBP Healthplans, Inc., #20 Exhibit T - Notice of Intent to Dissolve/Revoke EBP Healthplans, Inc., #21 Exhibit U - Employee Benefit Plans, Inc. Documents, #22 Exhibit V - Application for Registration of Fictitious Name for First Health-EBP, #23 Exhibit W - Uniform Business Report for Harrington Benefit Services, Inc., #24 Exhibit X - Applications filed by Harrington Benefit Services, Inc., #25 Exhibit Y - Pennsylvania Department of State filings for Norton Associates, #26 Exhibit Z - Secretary of State List of Managers for Norton LLC, #27 Exhibit AA - Secretary of State Application for Registration of Foreign LLC for Norton LLC, #28 Exhibit BB - California Statement of Information for Norton Music Publishing LLC, #29 Exhibit CC - Pennsylvania Department of State certification of Fictitious Creation filed by NRI Insurance Services, #30 Exhibit DD - Georgia Secretary of State Certificate of Authority filed by Paste Media Group LLC, #31 Exhibit EE - Pennsylvania Department of State Application for Certificate of Authority, #32 Exhibit FF - Nevada Secretary of State listing for Risk Management Resources of Nevada, Inc., #33 Exhibit GG - Nevada Secretary of State Officer Lists filed by Risk Management Resources of Nevada, Inc., #34 Exhibit HH - Mississippi Secretary of State certification of Application for Amended Certificate of Authority by The TPA, Inc., #35 Exhibit II - Connecticut Secretary of State certification of Certificate of Merger by United Healthcare Administrators, Inc. and The TPA, Inc., #36 Exhibit JJ - Nevada Secretary of State certification of Articles of Organization filed by Wolfgang's LLC, #37 Exhibit KK - Nevada Secretary of State List of Managers for Wolfgang's LLC for 2017-2020, #38 Exhibit LL - Nevada Secretary of State filings by WV Property Holdings, LLC, #39 Exhibit MM - Summary of mechanical licenses, #40 Exhibit NN - Summary of synchronization licenses, #41 Exhibit OO - Summary of licensing revenue, #42 Exhibit PP - November 28, 2016 email chain, #43 Exhibit QQ - May 2014 email thread from R. Higginbotham to P. Martin, #44 Exhibit RR - July 18, 2014 email from E. Doney to E. Ranahan and P. Martin, #45 Exhibit SS - August 11, 2014 email thread from P. Matorinto M. Lundberg, #46 Exhibit TT - January 20, 2015 email from K. Pals to S. Limebrook, #47 Exhibit UU - September 5, 2014 letter from N. Madaj to Wolfgangsvault.com, #48 Exhibit VV - September 10, 2014 letter from P. Martin to N. Madaj, #49 Exhibit WW - October 7, 2013 letter from Warner/Chappell Music, Inc. to Concert Vault, #50 Exhibit XX - Warner/Chappell Music, Inc. to Bill Graham Archives LLC d/b/a Wolfgang's Vault c/o P. Martin, #51 Exhibit YY - August 7, 2013 letter from M. Kramer to P. Martin, #52 Exhibit ZZ - August 12, 2014 letter from M. Kramer to P. Martin, #53 Exhibit AAA - June 16, 2009 email from M. Lundberg to "supernaaj@aol.com" and attachment, #54 Exhibit BBB - July 12, 2019 email from M. Lundberg to E. Lam, #55 Exhibit CCC - TWITTER materials, #56 Exhibit DDD - CONCERTPAGE materials, #57 Exhibit EEE - HOMEPAGE materials, #58 Exhibit FFF - NEWSLETTERS materials, #59 Exhibit GGG - Revenue Statements)(Elkin, Michael)
October 5, 2019 Opinion or Order Filing 318 JOINT PRETRIAL STATEMENT . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit B, #2 Exhibit C)(Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 317 DECLARATION of Sarah Schacter in Support re: #308 MOTION in Limine .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 316 MEMORANDUM OF LAW in Support re: #315 MOTION in Limine to Preclude Testimony and Evidence Related to Third-Party Cease and Desist Communications (Motion In Limine No. 5). . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
October 4, 2019 Opinion or Order Filing 315 MOTION in Limine to Preclude Testimony and Evidence Related to Third-Party Cease and Desist Communications (Motion In Limine No. 5). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
October 4, 2019 Opinion or Order Filing 314 MEMORANDUM OF LAW in Support re: #313 MOTION in Limine to Preclude Testimony and Evidence Related to Summary Exhibits For Which No Underlying Data Was Produced (Motion In Limine No. 4). . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
October 4, 2019 Opinion or Order Filing 313 MOTION in Limine to Preclude Testimony and Evidence Related to Summary Exhibits For Which No Underlying Data Was Produced (Motion In Limine No. 4). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
October 4, 2019 Opinion or Order Filing 312 MEMORANDUM OF LAW in Support re: #310 MOTION in Limine to Preclude Testimony and Evidence Related to Mr. Sagan's Property Holdings and Unrelated Third-Party Businesses (Motion In Limine No. 3). . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
October 4, 2019 Opinion or Order Filing 311 MEMORANDUM OF LAW in Support re: #308 MOTION in Limine . . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 310 MOTION in Limine to Preclude Testimony and Evidence Related to Mr. Sagan's Property Holdings and Unrelated Third-Party Businesses (Motion In Limine No. 3). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
October 4, 2019 Opinion or Order Filing 309 MEMORANDUM OF LAW in Support re: #307 MOTION in Limine to Preclude Testimony and Reference to Pending Lawsuit Against Defendants (Motion In Limine No. 2). . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
October 4, 2019 Opinion or Order Filing 308 MOTION in Limine . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 307 MOTION in Limine to Preclude Testimony and Reference to Pending Lawsuit Against Defendants (Motion In Limine No. 2). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
October 4, 2019 Opinion or Order Filing 306 MEMORANDUM OF LAW in Support re: #305 MOTION in Limine To Exclude Witnesses and Documents Not Timely Disclosed (Motion In Limine No. 1). . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
October 4, 2019 Opinion or Order Filing 305 MOTION in Limine To Exclude Witnesses and Documents Not Timely Disclosed (Motion In Limine No. 1). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
October 4, 2019 Opinion or Order Filing 304 PROPOSED JURY INSTRUCTIONS. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 303 NOTICE of Plaintiff's Proposed Verdict Form. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 302 PROPOSED VOIR DIRE QUESTIONS. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Schacter, Sarah)
October 4, 2019 Opinion or Order Filing 301 PROPOSED VOIR DIRE QUESTIONS. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
October 4, 2019 Opinion or Order Filing 300 PROPOSED JURY INSTRUCTIONS. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Defendants' Proposed Jury Verdict Form)(Elkin, Michael)
October 3, 2019 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L Cave. Please note that this is a reassignment of the designation only. (wb)
October 3, 2019 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah L. Cave, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Henry B. Pitman no longer referred to the case. Motions referred to Sarah L. Cave. (wb)
October 2, 2019 Opinion or Order Magistrate Judge Sarah L. Cave is so redesignated. (ad)
August 28, 2019 Opinion or Order Filing 299 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/13/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 28, 2019 Opinion or Order Filing 298 TRANSCRIPT of Proceedings re: conference held on 8/13/2019 before Judge Edgardo Ramos. Court Reporter/Transcriber: Karen Gorlaski, (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 9/18/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/26/2019.(McGuirk, Kelly)
August 13, 2019 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 8/13/2019. Plaintiffs' counsel present. Defendants' counsel present. Plaintiffs are granted leave to file a motion for sanction with the following schedule: moving papers due September 10, 2019; opposition due October 8, 2019; and reply due October 22, 2019. ( Motions due by 9/10/2019., Replies due by 10/22/2019., Responses due by 10/8/2019). (jar)
August 8, 2019 Opinion or Order Filing 297 ORDER granting #296 Letter Motion for Conference. Mr. Slotnick is granted leave to appear by telephone at the August 13, 2019 pre-motion conference, and is directed to call the Court at (212) 805-0169. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
August 7, 2019 Opinion or Order Filing 296 LETTER MOTION for Conference re: Set/Reset Hearings Requesting leave to appear telephonically at the conference scheduled for August 13th addressed to Judge Edgardo Ramos from Barry Slotnick, Esq. dated 8/7/2019. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
August 6, 2019 Opinion or Order Filing 295 ORDER denying as moot #294 Letter Motion for Conference. The application is DENIED as moot. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
August 5, 2019 Opinion or Order Filing 294 LETTER MOTION for Conference re: 291 Order on Motion for Conference, Requesting leave to appear telephonically at the conference scheduled for August 7th addressed to Judge Edgardo Ramos from Barry I.Slotnick dated 8/5/2019. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
August 5, 2019 Opinion or Order Set/Reset Hearings: Pre-Motion Conference set for 8/13/2019 at 11:00 AM before Judge Edgardo Ramos. (jar)
July 29, 2019 Opinion or Order Filing 293 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Thomas Patrick Lane dated July 29, 2019 re: #290 LETTER MOTION for Conference re: #288 Memorandum of Law in Support of Motion, #289 Memorandum of Law in Opposition to Motion,,, #287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Is . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Lane, Thomas)
July 26, 2019 Opinion or Order Filing 292 REPLY MEMORANDUM OF LAW in Support re: #287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Issues in the Court's Orders on Summary Judgment and Defendants' Motion For Reconsideration]. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Lane, Thomas)
July 22, 2019 Opinion or Order Filing 291 ORDER granting #290 Letter Motion for Conference. A pre-motion conference will be held on August 7, 2019, at 3:30 p.m. Defendants are directed to respond to Plaintiffs' letter by July 29, 2019. (Pre-Motion Conference set for 8/7/2019 at 03:30 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
July 19, 2019 Opinion or Order Filing 290 LETTER MOTION for Conference re: #288 Memorandum of Law in Support of Motion, #289 Memorandum of Law in Opposition to Motion,,, #287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Issues in the Court's Orders on Summary Judgment and Defendants' Motion For Reconsideration]. addressed to Judge Edgardo Ramos from Tal Dickstein dated July 19, 2019. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
July 19, 2019 Opinion or Order Filing 289 MEMORANDUM OF LAW in Opposition re: #287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Issues in the Court's Orders on Summary Judgment and Defendants' Motion For Reconsideration]. . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Dickstein, Tal)
July 12, 2019 Opinion or Order Filing 288 MEMORANDUM OF LAW in Support re: #287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Issues in the Court's Orders on Summary Judgment and Defendants' Motion For Reconsideration]. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Lane, Thomas)
July 12, 2019 Opinion or Order Filing 287 MOTION for Certificate of Appealability [Notice of Motion to Certify for Interlocutory Appeal Certain Issues in the Court's Orders on Summary Judgment and Defendants' Motion For Reconsideration]. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Lane, Thomas)
May 29, 2019 Opinion or Order Filing 286 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 4/18/19 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)
May 29, 2019 Opinion or Order Filing 285 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2019 before Judge Edgardo Ramos. 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 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019.(McGuirk, Kelly)
May 16, 2019 Opinion or Order Filing 284 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 5/13/2019 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.(aea)
May 16, 2019 Opinion or Order Filing 283 TRANSCRIPT of Proceedings re: Discovery Hearing held on 5/13/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 6/6/2019. Redacted Transcript Deadline set for 6/17/2019. Release of Transcript Restriction set for 8/14/2019.(aea)
May 13, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 5/13/2019. (ajc)
May 13, 2019 Opinion or Order Filing 282 ORDER: It is hereby ORDERED that: 1. No later than June 3, 2019, defendants are to produce to plaintiffs all of the approximately 1,175 video and audio recordings of the concert performances in issue in this matter. Defendants are warned that an unjustified failure to comply with this Order will result in the imposition of sanctions. 2. Plaintiffs' application to compel the production of the transcript of defendant William Sagan's deposition in Kihn v. Bill Graham Archives, LLC, et al., 17 Civ. 5343 (YGR) (N.D. Cal.) is denied. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 5/13/2019) (ks)
May 10, 2019 Opinion or Order Filing 281 LETTER addressed to Magistrate Judge Henry B. Pitman from Thomas Patrick Lane dated May 10, 2019 re: Response to Plaintiffs' letter dated May 7, 2019 to request additional discovery. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - ABKCO Plaintiffs' Objections to Document Subpoena, #2 Exhibit B - Excerpts from Defendants' Responses to Plaintiffs' First Set of Requests for Production)(Lane, Thomas)
May 7, 2019 Opinion or Order Filing 280 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated May 7, 2019 re: Additional discovery dispute ahead of conference scheduled for May 13, 2019 at 2:00 p.m.. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dickstein, Tal)
April 19, 2019 Opinion or Order Magistrate Judge Barbara C. Moses is so redesignated. (wb)
April 17, 2019 Opinion or Order Filing 279 NOTICE OF APPEARANCE by Jeffrey J. Amato on behalf of Bill Graham Archives, LLC, Norton LLC, William Sagan. (Amato, Jeffrey)
April 17, 2019 Opinion or Order Set/Reset Hearings: Discovery Hearing set for 5/13/2019 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
April 15, 2019 Opinion or Order Filing 278 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Diana Hughes Leiden on behalf of Bill Graham Archives, LLC, Norton LLC, William Sagan. (Leiden, Diana) Modified on 4/16/2019 (lb).
April 15, 2019 Opinion or Order Filing 277 NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Bill Graham Archives, LLC, Norton LLC, William Sagan. (Spitzer, Seth)
April 10, 2019 Opinion or Order Filing 276 LETTER addressed to Magistrate Judge Henry B. Pitman from Defendants dated April 10, 2019 re: response to Plaintiffs' April 4, 2019 letter to this Court requesting a Rule 37.2 conference. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Lane, Thomas)
April 5, 2019 Opinion or Order ***DELETED DOCUMENT. Deleted document number #276 Order. The document was a duplicate of docket entry 275. (mro)
April 5, 2019 Opinion or Order Filing 275 ORDER: No later than April 10, 2019, defendants are directed to submit a letter response to plaintiffs' counsel's letter dated April 4, 2019 (Docket Item 274). So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 4/5/2019) Copies transmitted(js)
April 4, 2019 Opinion or Order Filing 274 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated 4/4/19 re: Requesting a conference with the Court pursuant to Local Rule 37.2 to discuss Plaintiffs' application for an Order directing Defendants to produce copies of the Concert Recordings. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI Blackwood Music Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dickstein, Tal)
April 3, 2019 Opinion or Order Filing 273 SEALED DOCUMENT placed in vault.(mhe)
March 26, 2019 Opinion or Order Filing 272 OPINION AND ORDER re: #257 MOTION for Reconsideration re; #255 Memorandum & Opinion filed by Bill Graham Archives, LLC, William Sagan, Norton LLC. For the reasons set forth above, Defendants' motion for reconsideration is DENIED. The parties are directed to appear before the Court for a status conference on April 18, 2019, at 4:00 p.m. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 257. (Signed by Judge Edgardo Ramos on 3/25/2019) (mro)
March 26, 2019 Opinion or Order Set/Reset Hearings: Status Conference set for 4/18/2019 at 04:00 PM before Judge Edgardo Ramos. (mro)
March 26, 2019 Opinion or Order Filing 271 NOTICE OF APPEARANCE by Thomas Patrick Lane on behalf of Bill Graham Archives, LLC, Norton LLC, William Sagan. (Lane, Thomas)
May 1, 2018 Opinion or Order Filing 270 SEALED DOCUMENT placed in vault.(rz)
April 30, 2018 Opinion or Order Filing 269 REPLY MEMORANDUM OF LAW in Support re: #257 MOTION for Reconsideration re; #255 Memorandum & Opinion,,,,,,, . . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
April 24, 2018 Opinion or Order Filing 268 ORDER granting #266 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Edgardo Ramos on 4/24/2018) (mro)
April 23, 2018 Opinion or Order Filing 267 SEALED DOCUMENT placed in vault.(rz)
April 23, 2018 Opinion or Order Filing 266 LETTER MOTION for Extension of Time to submit the joint pre-trial statement due on 4/30/2018 until 30 days following the Court's decision on Defendants' motion for reconsideration, and asking that the court set a deadline of 15 days following the Court's decision on Defendants' motion for reconsideration for the parties to exchange their portions of the joint pre-trial statement addressed to Judge Edgardo Ramos from Tal Dickstein dated 4/23/2018. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
April 23, 2018 Opinion or Order Filing 265 MEMORANDUM OF LAW in Opposition re: #257 MOTION for Reconsideration re; #255 Memorandum & Opinion,,,,,,, . . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Slotnick, Barry)
April 11, 2018 Opinion or Order Filing 264 MEMO ENDORSEMENT on re: #257 MOTION for Reconsideration. ENDORSEMENT: Plaintiffs are directed to file, by 5:00pm on April 23, 2018, their memorandum of law in response to Defendants' motion for reconsideration. (Set Deadlines/Hearing as to #257 MOTION for Reconsideration re; #255 Memorandum & Opinion: Responses due by 4/23/2018) (Signed by Judge Edgardo Ramos on 4/11/2018) (jwh)
April 10, 2018 Opinion or Order Filing 263 SEALED DOCUMENT placed in vault.(rz)
April 9, 2018 Opinion or Order Filing 262 OPINION AND ORDER re: #161 MOTION for Summary Judgment; #252 LETTER MOTION for Leave to File First Supplemental Declaration of Matthew Lundberg; #191 CROSS MOTION for Summary Judgment: For the reasons set forth above, the parties' motions for summary judgment are GRANTED in part and DENIED in part as follows: Plaintiffs' claim of copyright infringement is GRANTED against all Defendants and as to all infringement within the statute of limitations; Defendants' motion on Plaintiffs' claim of copyright infringement is DENIED in all respects. Plaintiffs' claim for willful infringement is GRANTED with respect to the audiovisual recordings, pre-1972 recordings, and recordings ostensibly covered by the UMG agreement, and DENIED in all other respects; Defendants' motion on Plaintiffs' claim of willful infringement is DENIED in all respects. Plaintiffs' request for a permanent injunction is DENIED; and Defendants' motion is GRANTED. Defendants' request to supplement the record, Doc. 252, is GRANTED only with respect to the HFA spreadsheet, Ex. 1, and DENIED in all other respects. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 161, 191, 252. (Signed by Judge Edgardo Ramos on 3/30/2018) (jwh)
April 9, 2018 Opinion or Order Filing 261 DECLARATION of William Sagan in Support re: #257 MOTION for Reconsideration re; #255 Memorandum & Opinion,,,,,,, .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - Email and Photographs (under seal), #2 Exhibit B - Confidential (under seal), #3 Exhibit C - Confidential (under seal), #4 Exhibit D - Confidential (under seal), #5 Exhibit E - Van Morrison Agreement (under seal))(Elkin, Michael)
April 9, 2018 Opinion or Order Filing 260 DECLARATION of Erin R. Ranahan in Support re: #257 MOTION for Reconsideration re; #255 Memorandum & Opinion,,,,,,, .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - Hearing Demonstratives 2018.03.26 (under seal), #2 Exhibit B - ABKCO v. BGA Works in Issue (under seal), #3 Exhibit C - Excerpts of Discovery Hearing (under seal), #4 Exhibit D M. Krassner transcript (under seal), #5 Exhibit E D. Hewitt transcript (under seal), #6 Exhibit F Excerpt of W. Sagan transcript (under seal), #7 Exhibit G - 3.26.2018 hearing transcript (under seal), #8 Exhibit H Towser Newco Companies Officers (under seal), #9 Exhibit I Towser Newco Companies House Overview (under seal), #10 Exhibit J - Spirit Catalogue Holdings Business Record (under seal), #11 Exhibit K Press Releases (under seal), #12 Exhibit L - 2017-05-02 Transcript of Discovery Hearing (under seal), #13 Exhibit M - 2017-08-08 Transcript of Discovery Hearing (under seal), #14 Exhibit N - Diamond Time Agreement (under seal), #15 Exhibit O Email communication (under seal), #16 Exhibit P - Notice of 30(b)(6) Deposition Spirit (under seal))(Elkin, Michael)
April 9, 2018 Opinion or Order Filing 259 LETTER addressed to Judge Edgardo Ramos from Tal Dickstein dated 4/9/2018 re: Opposition to Deft's letter request to seal summary judgment decision. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
April 9, 2018 Opinion or Order Filing 258 MEMORANDUM OF LAW in Support re: #257 MOTION for Reconsideration re; #255 Memorandum & Opinion,,,,,,, . . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
April 9, 2018 Opinion or Order Filing 257 MOTION for Reconsideration re; #255 Memorandum & Opinion,,,,,,, . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
April 9, 2018 Opinion or Order Filing 256 ENDORSED LETTER addressed to Judge Edgardo Ramos from Michael S. Elkin dated 4/9/2018 re: request for Companion Opinion to remain sealed. ENDORSEMENT: The application is denied. (Signed by Judge Edgardo Ramos on 4/9/2018) (jwh)
March 30, 2018 Opinion or Order Filing 255 OPINION AND ORDER: re: #161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION filed by Bill Graham Archives, LLC, William Sagan, Norton LLC, #252 LETTER MOTION for Leave to File First Supplemental Declaration of Matthew Lundberg addressed to Judge Edgardo Ramos from Michael S. Elkin dated March 23, 2018 filed by Bill Graham Archives, LLC, William Sagan, Norton LLC, #191 CROSS MOTION for Summary Judgment filed by EMI Unart Catalog, Inc., Peer International Corporation, Warner-Tamerlane Publishing Corp., Spirit Catalog Holdings S.A.R.L., EMI Consortium Music Publishing, Inc., ABKCO Music, Inc., Songs of Peer, Ltd., EMI Blackwood Music Inc., EMI Feist Catalog Inc., PSO Limted, Screen-Gems-Emi Music Inc., EMI Consortium Songs, Inc., Stone Agate Music, Peermusic Ltd., EMI Robbins Catalog Inc., EMI April Music Inc., Stone Diamond Music Corp., Imagem Music LLC, Jobete Music Co., Inc., EMI Algee Music Corp., Spirit Two Music, Inc., WB Music Corp., Peermusic III, Ltd., Colgems-EMI Music Inc. Before the Court are the parties' cross motions for summary judgment pursuant to Federal Rule of Civil Procedure 56 on Plaintiffs' claim of copyright infringement and their request to permanently enjoin Defendants from using the recordings at issue. Docs. 161, 191. For the reasons set forth in a companion Opinion, the parties' motions for summary judgment are GRANTED in part and DENIED in part. The Court has provided the companion Opinion to the parties to obtain their views on whether certain materials covered by a joint Confidentiality and Protective Order, Doc. 41, are properly redacted. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 161, 191,252. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/30/2018) (ama)
March 26, 2018 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 3/26/2018 re: #161 MOTION for Summary Judgment; #191 CROSS MOTION for Summary Judgment . Plaintiff's counsel present. Defendant's counsel present. (jar)
March 23, 2018 Opinion or Order Filing 254 LETTER addressed to Judge Edgardo Ramos from Tal Dickstein dated 03/23/2018 re: Request that the Court deny Defendants' request to supplement the record. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
March 23, 2018 Opinion or Order Filing 253 SEALED DOCUMENT placed in vault.(rz)
March 23, 2018 Opinion or Order Filing 252 LETTER MOTION for Leave to File First Supplemental Declaration of Matthew Lundberg addressed to Judge Edgardo Ramos from Michael S. Elkin dated March 23, 2018. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 First Supplemental Declaration of Matthew Lundberg in Support of Defendants Motion for Summary Judgment and in Opposition to Plaintiffs Motion for Summary Judgment, #2 Exhibit 1 - Spreadsheet, #3 Exhibit 2 - Joint Exploitation Agreement with Warner (Filed Under Seal), #4 Exhibit 3 - Joint Exploitation Agreement with Sony (Filed Under Seal), #5 Exhibit 4 - Joint Exploitation Agreement with UMG (Filed Under Seal), #6 Exhibit 5 - Data sheet (Filed Under Seal))(Elkin, Michael)
March 16, 2018 Opinion or Order Filing 251 ORDER granting #249 Letter Motion for Oral Argument; granting #250 Letter Motion for Oral Argument: The parties are directed to appear for oral argument on March 26, 2018 at 3:00 p.m. The parties are also directed to be prepared to address the following issues: 1) What it means for a sound recording to be "fixed lawfully"; 2) Whether the Joint Exploitation Agreements, see Lundberg Decl., Exs. 2, 3, 4, and third party records, see Dickstein Decl., Exs. 33-35, 40-42, are admissible evidence; 3) The extent to which there are time gaps between (a) the exploitation of the Musical Works and the date on which those works were covered by HFA licenses, and (b) the HFA licenses and the NOIs; and 4) What is the significance of the fact that a number of recordings of the Musical Works do not appear on the HFA spreadsheet. See Dickstein Decl., Ex. 54. (Signed by Judge Edgardo Ramos on 3/16/2018) (jwh)
March 16, 2018 Opinion or Order Set/Reset Hearings: Oral Argument set for 3/26/2018 at 03:00 PM before Judge Edgardo Ramos. (jwh)
March 15, 2018 Opinion or Order Filing 250 JOINT LETTER MOTION for Oral Argument - Request to Reschedule Oral Argument Scheduled for March 20, 2018 addressed to Judge Edgardo Ramos from Michael S. Elkin dated March 15, 2018. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
March 15, 2018 Opinion or Order Filing 249 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #250 Joint Letter Motion) - JOINT LETTER MOTION for Oral Argument - Request to Reschedule Oral Argument Scheduled for March 13, 2018 addressed to Judge Edgardo Ramos from Michael S. Elkin dated March 15, 2018. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael) Modified on 3/19/2018 (db).
March 13, 2018 Opinion or Order Filing 248 ORDER: The Court will hear oral argument on the motion on Tuesday, March 20, 2018 at 11:00 A.M. in Courtroom 619 before the Hon. Edgardo Ramos, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. (Oral Argument set for 3/20/2018 at 11:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/13/2018) (jwh)
February 9, 2018 Opinion or Order Filing 247 SEALED DOCUMENT placed in vault.(mps)
February 9, 2018 Opinion or Order Filing 246 LETTER addressed to Judge Edgardo Ramos from Michael S. Elkin dated February 9, 2018 re: Response to Plaintiffs' February 6, 2018 letter re: January 31, 2018 Sur-Reply (Redacted). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
February 7, 2018 Opinion or Order Filing 245 MEMO ENDORSEMENT on re: #244 Letter,,, filed by EMI Unart Catalog, Inc., Peer International Corporation, Warner-Tamerlane Publishing Corp., Spirit Catalog Holdings S.A.R.L., EMI Consortium Music Publishing, Inc., ABKCO Music, Inc., Songs of Peer, Ltd., EMI Blackwood Music Inc., EMI Feist Catalog Inc., PSO Limted, Screen-Gems-Emi Music Inc., EMI Consortium Songs, Inc., Stone Agate Music, Peermusic Ltd., EMI Robbins Catalog Inc., EMI April Music Inc., Stone Diamond Music Corp., Imagem Music LLC, Jobete Music Co., Inc., EMI Algee Music Corp., Spirit Two Music, Inc., WB Music Corp., Peermusic III, Ltd., Colgems-EMI Music Inc. ENDORSEMENT: Defendants are directed to submit a response not longer than three pages by February 9, 2018 at 5:00pm. (Signed by Judge Edgardo Ramos on 2/7/2018) (mro)
February 6, 2018 Opinion or Order Filing 244 LETTER addressed to Judge Edgardo Ramos from Tal Dickstein dated February 6, 2018 re: To Strike Portion of Defendants' January 31, 2018 Sur-Reply. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit)(Dickstein, Tal)
February 1, 2018 Opinion or Order Filing 243 SEALED DOCUMENT placed in vault.(rz)
January 31, 2018 Opinion or Order Filing 242 REPLY MEMORANDUM OF LAW in Opposition re: #191 CROSS MOTION for Summary Judgment . {Redacted} Defendants' Sur-Reply in Further Opposition to Plaintiffs'/Counterdefendants' Reply in Support of their Cross-Motion for Summary Judgment and for Permanent Injunction. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
January 30, 2018 Opinion or Order Filing 241 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/14/17 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)
January 30, 2018 Opinion or Order Filing 240 TRANSCRIPT of Proceedings re: CORRECETED CONFERNECE held on 12/14/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Andrew Walker, (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 2/20/2018. Redacted Transcript Deadline set for 3/2/2018. Release of Transcript Restriction set for 4/30/2018.(McGuirk, Kelly)
January 29, 2018 Opinion or Order ***DELETED DOCUMENT. Deleted document number #240 Transcript. The document was incorrectly filed in this case. (mml)
January 29, 2018 Opinion or Order Filing 239 SEALED DOCUMENT placed in vault.(rz)
January 23, 2018 Opinion or Order Filing 238 MEMO ENDORSEMENT on re: #237 Letter. ENDORSEMENT: In view of Defendants' non-opposition to Plaintiffs' request, the Court Reporters are respectfully directed to revise the transcript as noted herein. (Signed by Judge Edgardo Ramos on 1/23/2018) (jwh)
January 19, 2018 Opinion or Order Filing 237 LETTER addressed to Judge Edgardo Ramos from Tal Dickstein dated 1/19/2018 re: Request that the court correct error in transcript of 12/14/2017 conference. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
December 27, 2017 Opinion or Order Filing 236 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/14/17 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)
December 27, 2017 Opinion or Order Filing 235 TRANSCRIPT of Proceedings re: conference held on 12/14/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Andrew Walker, (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 1/17/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/27/2018.(McGuirk, Kelly)
December 13, 2017 Opinion or Order DOCKET ANNOTATION: Scheduling Notice - The pre-motion conference previously scheduled for December 14, 2017 at 11:00 am is hereby rescheduled for December 14, 2017 at 11:30 am. (jar)
November 28, 2017 Opinion or Order Filing 234 LETTER addressed to Judge Edgardo Ramos from Tal E. Dickstein dated November 28, 2017 re: Response to Defendants' 11/21/17 Letter for Pre-Motion Conference. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A: Supplemental Declaration of Audrey Ashby, #2 Exhibit B: Supplemental Declaration of Tal E. Dickstein)(Dickstein, Tal)
November 22, 2017 Opinion or Order Filing 233 ORDER granting #232 Letter Motion for Conference: A pre-motion conference will be held on December 14, 2017 at 11:00am. Plaintiffs are directed to submit a response not exceeding three pages by Tuesday, November 28, 2017 at 5:00pm. (Pre-Motion Conference set for 12/14/2017 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/22/2017) (jwh)
November 22, 2017 Opinion or Order Set/Reset Deadlines: Responses due by 11/28/2017 (jwh)
November 21, 2017 Opinion or Order Filing 232 LETTER MOTION for Conference re: anticipated Motion to Strike Improperly Produced Documents Pursuant to Rule 37(c) and to Strike Improper New Matter in Reply, or Permit Sur-Reply, addressed to Judge Edgardo Ramos from Michael S. Elkin dated November 21, 2017. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
November 9, 2017 Opinion or Order Filing 231 RULE 56.1 STATEMENT. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 230 REPLY MEMORANDUM OF LAW in Support re: #191 CROSS MOTION for Summary Judgment . . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 229 DECLARATION of Arthur Levy in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 167 (Filed Under Seal))(Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 228 DECLARATION of Michael B. Kramer in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 16-18 9Filed Under Seal))(Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 227 DECLARATION of Glenn Goldstein in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 20-26 (Filed Under Seal))(Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 226 DECLARATION of Jeremy Blietz in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 140-141 (Filed Under Seal))(Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 225 DECLARATION of Audrey Ashby in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 196-197 (Filed Under Seal))(Slotnick, Barry)
November 9, 2017 Opinion or Order Filing 224 DECLARATION of Tal E. Dickstein in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit Exhibits 57-58 (Filed Under Seal), #2 Exhibit 59, #3 Exhibit 60)(Slotnick, Barry)
October 23, 2017 Opinion or Order Filing 223 ORDER granting #221 Motion to Seal Document #216 Counter Statement to Rule 56.1, #217 Reply Memorandum of Law in Support of Motion: The application is granted. The Clerk of the Court is respectfully directed to permanently seal document nos. 216 and 217. (Signed by Judge Edgardo Ramos on 10/23/2017) (jwh)
October 23, 2017 Opinion or Order Filing 222 SEALED DOCUMENT placed in vault.(mps)
October 23, 2017 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #223 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jwh)
October 20, 2017 Opinion or Order Filing 221 LETTER MOTION to Seal Document #216 Counter Statement to Rule 56.1, #217 Reply Memorandum of Law in Support of Motion, addressed to Judge Edgardo Ramos from Erin R. Ranahan dated October 20, 2017. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Ranahan, Erin)
October 20, 2017 Opinion or Order Filing 220 DECLARATION of Matthew Lundberg in Opposition re: #191 CROSS MOTION for Summary Judgment .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Ex. A - Notices of Intention for Jean Luc Ponty works (sealed), #2 Ex. B - Notices of Intention for Jean Luc Ponty works (sealed), #3 Ex. C - Medianet account statements (sealed), #4 Ex. D - September 8, 2010 correspondence (sealed), #5 Ex. E - Rightsflow royalty statements (sealed), #6 Ex. F - Rightsflow royalty statements (sealed))(Ranahan, Erin)
October 20, 2017 Opinion or Order Filing 219 REPLY MEMORANDUM OF LAW in Support re: #161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. (Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
October 20, 2017 Opinion or Order Filing 218 COUNTER STATEMENT TO #202 Rule 56.1 Statement,,. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
October 19, 2017 Opinion or Order Filing 217 REPLY MEMORANDUM OF LAW in Support re: #161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. (Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
October 19, 2017 Opinion or Order Filing 216 COUNTER STATEMENT TO #202 Rule 56.1 Statement,,. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
October 19, 2017 Opinion or Order Filing 215 DECLARATION of Erin R. Ranahan in Opposition re: #191 CROSS MOTION for Summary Judgment .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Ex. G - chain of title issues chart (sealed), #2 Ex. H - February 7, 2017 W. Sagan deposition transcript excerpt (sealed), #3 Ex. I March 28, 2017 M. Lundberg deposition transcript excerpt)(Ranahan, Erin)
October 19, 2017 Opinion or Order Filing 214 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #220 Declaration) - DECLARATION of Matthew Lundberg in Opposition re: #191 CROSS MOTION for Summary Judgment .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Ex. A - Notices of Intention for Jean Luc Ponty works (sealed), #2 Ex. B - Notices of Intention for Jean Luc Ponty works (sealed), #3 Ex. C - Medianet account statements (sealed), #4 Ex. D - September 8, 2010 correspondence (sealed), #5 Ex. E - Rightsflow royalty statements (sealed), #6 Ex. F - Rightsflow royalty statements (sealed))(Ranahan, Erin) Modified on 10/23/2017 (db).
October 2, 2017 Opinion or Order Filing 213 SEALED DOCUMENT placed in vault.(rz)
October 2, 2017 Opinion or Order Filing 212 SEALED DOCUMENT placed in vault.(rz)
October 2, 2017 Opinion or Order Filing 211 SEALED DOCUMENT placed in vault.(rz)
October 2, 2017 Opinion or Order Filing 210 SEALED DOCUMENT placed in vault.(rz)
October 2, 2017 Opinion or Order Filing 209 SEALED DOCUMENT placed in vault.(rz)
October 2, 2017 Opinion or Order Filing 208 SEALED DOCUMENT placed in vault.(mps)
October 2, 2017 Opinion or Order Filing 207 SEALED DOCUMENT placed in vault.(mps)
October 2, 2017 Opinion or Order Filing 206 SEALED DOCUMENT placed in vault.(mps)
October 2, 2017 Opinion or Order Filing 205 SEALED DOCUMENT placed in vault.(mps)
October 2, 2017 Opinion or Order Filing 204 SEALED DOCUMENT placed in vault.(mps)
October 2, 2017 Opinion or Order Filing 203 SEALED DOCUMENT placed in vault.(mps)
September 14, 2017 Opinion or Order Filing 202 RULE 56.1 STATEMENT. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 201 MEMORANDUM OF LAW in Support re: #191 CROSS MOTION for Summary Judgment . And in Opposition to Defendants' Motion for Summary Judgment #161 . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 200 AFFIRMATION of Tal E. Dickstein in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1 (Part 1 of 2), #2 Exhibit 1 (Part 2 of 2), #3 Exhibit 2 - 3 (Filed Under Seal), #4 Exhibit 4, #5 Exhibit 5 - 8 (Filed Under Seal), #6 Exhibit 9, #7 Exhibit 10 - 11 (Filed Under Seal), #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14, #11 Exhibit 15 - 27 (Filed Under Seal), #12 Exhibit 28, #13 Exhibit 29, #14 Exhibit 30 - 44 (Filed Under Seal), #15 Exhibit 45, #16 Exhibit 46 - 53 (Filed Under Seal), #17 Exhibit 54, #18 Exhibit 55, #19 Exhibit 56)(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 199 DECLARATION of Audrey Ashby in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 - 11 (Filed Under Seal), #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15 - 16 (Filed Under Seal), #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22, #20 Exhibit 23, #21 Exhibit 24, #22 Exhibit 25, #23 Exhibit 26, #24 Exhibit 27 (Filed Under Seal), #25 Exhibit 28, #26 Exhibit 29, #27 Exhibit 30, #28 Exhibit 31, #29 Exhibit 32, #30 Exhibit 33, #31 Exhibit 34, #32 Exhibit 35, #33 Exhibit 36, #34 Exhibit 37 (Filed Under Seal), #35 Exhibit 38, #36 Exhibit 39, #37 Exhibit 40 (Filed Under Seal), #38 Exhibit 41, #39 Exhibit 42, #40 Exhibit 43, #41 Exhibit 44, #42 Exhibit 45 (Filed Under Seal), #43 Exhibit 46, #44 Exhibit 47 (Filed Under Seal), #45 Exhibit 48, #46 Exhibit 49, #47 Exhibit 50 - 55 (Filed Under Seal), #48 Exhibit 56, #49 Exhibit 57, #50 Exhibit 58 - 60 (Filed Under Seal), #51 Exhibit 61, #52 Exhibit 62, #53 Exhibit 63, #54 Exhibit 64, #55 Exhibit 65 - 67 (Filed Under Seal), #56 Exhibit 68, #57 Exhibit 69, #58 Exhibit 70, #59 Exhibit 71, #60 Exhibit 72, #61 Exhibit 73, #62 Exhibit 74, #63 Exhibit 75, #64 Exhibit 76, #65 Exhibit 77, #66 Exhibit 78 - 80 (Filed Under Seal), #67 Exhibit 81, #68 Exhibit 82, #69 Exhibit 83, #70 Exhibit 84, #71 Exhibit 85, #72 Exhibit 86, #73 Exhibit 87, #74 Exhibit 88, #75 Exhibit 89, #76 Exhibit 90, #77 Exhibit 91, #78 Exhibit 92, #79 Exhibit 93, #80 Exhibit 94, #81 Exhibit 95, #82 Exhibit 96, #83 Exhibit 97, #84 Exhibit 98, #85 Exhibit 99, #86 Exhibit 100, #87 Exhibit 101, #88 Exhibit 102 (Filed Under Seal), #89 Exhibit 103, #90 Exhibit 104 - 106 (Filed Under Seal), #91 Exhibit 107, #92 Exhibit 108 (Filed Under Seal), #93 Exhibit 109, #94 Exhibit 110, #95 Exhibit 111, #96 Exhibit 112, #97 Exhibit 113 - 116 (Filed Under Seal), #98 Exhibit 117, #99 Exhibit 118, #100 Exhibit 119 - 120 (Filed Under Seal), #101 Exhibit 121, #102 Exhibit 122, #103 Exhibit 123, #104 Exhibit 124, #105 Exhibit 125, #106 Exhibit 126, #107 Exhibit 127, #108 Exhibit 128, #109 Exhibit 129, #110 Exhibit 130, #111 Exhibit 131 - 132 (Filed Under Seal), #112 Exhibit 133, #113 Exhibit 134, #114 Exhibit 135 - 137 (Filed Under Seal), #115 Exhibit 138, #116 Exhibit 139, #117 Exhibit 140, #118 Exhibit 141, #119 Exhibit 142, #120 Exhibit 143, #121 Exhibit 144 (Filed Under Seal), #122 Exhibit 145, #123 Exhibit 146, #124 Exhibit 147, #125 Exhibit 148, #126 Exhibit 149, #127 Exhibit 150, #128 Exhibit 151, #129 Exhibit 152, #130 Exhibit 153 (Filed Under Seal), #131 Exhibit 154, #132 Exhibit 155, #133 Exhibit 156, #134 Exhibit 157, #135 Exhibit 158, #136 Exhibit 159 (Filed Under Seal), #137 Exhibit 160, #138 Exhibit 161, #139 Exhibit 162, #140 Exhibit 163, #141 Exhibit 164 - 165 (Filed Under Seal), #142 Exhibit 166, #143 Exhibit 167, #144 Exhibit 168 - 169 (Filed Under Seal), #145 Exhibit 170, #146 Exhibit 171 - 175 (Filed Under Seal), #147 Exhibit 176, #148 Exhibit 177, #149 Exhibit 178 - 181 (Filed Under Seal), #150 Exhibit 182, #151 Exhibit 183, #152 Exhibit 184 - 185 (Filed Under Seal), #153 Exhibit 186, #154 Exhibit 187, #155 Exhibit 188, #156 Exhibit 189, #157 Exhibit 190 - 193 (Filed Under Seal), #158 Exhibit 194, #159 Exhibit 195, #160 Exhibit 196 - 201 (Filed Under Seal))(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 198 DECLARATION of Arthur Levy in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93 - 112 (Filed Under Seal), #94 Exhibit 113, #95 Exhibit 114 - 118 (Filed Under Seal), #96 Exhibit 119, #97 Exhibit 120, #98 Exhibit 121, #99 Exhibit 122, #100 Exhibit 123, #101 Exhibit 124, #102 Exhibit 125, #103 Exhibit 126, #104 Exhibit 127, #105 Exhibit 128, #106 Exhibit 129, #107 Exhibit 130, #108 Exhibit 131, #109 Exhibit 132, #110 Exhibit 133, #111 Exhibit 134, #112 Exhibit 135, #113 Exhibit 136, #114 Exhibit 137, #115 Exhibit 138, #116 Exhibit 139, #117 Exhibit 140, #118 Exhibit 141, #119 Exhibit 142, #120 Exhibit 143, #121 Exhibit 144, #122 Exhibit 145, #123 Exhibit 146, #124 Exhibit 147, #125 Exhibit 148, #126 Exhibit 149, #127 Exhibit 150, #128 Exhibit 151, #129 Exhibit 152, #130 Exhibit 153, #131 Exhibit 154 -159 (Filed Under Seal), #132 Exhibit 160, #133 Exhibit 161, #134 Exhibit 162, #135 Exhibit 163, #136 Exhibit 164, #137 Exhibit 165, #138 Exhibit 166)(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 197 DECLARATION of Jeremy Blietz in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 - 21 (Filed Under Seal), #15 Exhibit 22, #16 Exhibit 23 - 29 (Filed Under Seal), #17 Exhibit 30, #18 Exhibit 31, #19 Exhibit 32, #20 Exhibit 33, #21 Exhibit 34, #22 Exhibit 35 - 40 (Filed Under Seal), #23 Exhibit 41, #24 Exhibit 42, #25 Exhibit 43, #26 Exhibit 44, #27 Exhibit 45, #28 Exhibit 46 - 48 (Filed Under Seal), #29 Exhibit 49, #30 Exhibit 50, #31 Exhibit 51, #32 Exhibit 52, #33 Exhibit 53, #34 Exhibit 54, #35 Exhibit 55, #36 Exhibit 56 - 57 (Filed Under Seal), #37 Exhibit 58, #38 Exhibit 59, #39 Exhibit 60, #40 Exhibit 61, #41 Exhibit 62, #42 Exhibit 63, #43 Exhibit 64, #44 Exhibit 65, #45 Exhibit 66, #46 Exhibit 67, #47 Exhibit 68, #48 Exhibit 69, #49 Exhibit 70, #50 Exhibit 71, #51 Exhibit 72 - 94 (Filed Under Seal), #52 Exhibit 95, #53 Exhibit 96, #54 Exhibit 97, #55 Exhibit 98, #56 Exhibit 99, #57 Exhibit 100, #58 Exhibit 101, #59 Exhibit 102, #60 Exhibit 103, #61 Exhibit 104, #62 Exhibit 105, #63 Exhibit 106, #64 Exhibit 107, #65 Exhibit 108, #66 Exhibit 109, #67 Exhibit 110, #68 Errata 111 - 114 (Filed Under Seal), #69 Exhibit 115, #70 Exhibit 116, #71 Exhibit 117, #72 Exhibit 118, #73 Exhibit 119, #74 Exhibit 120, #75 Exhibit 121, #76 Exhibit 122, #77 Exhibit 123, #78 Exhibit 124, #79 Exhibit 125, #80 Exhibit 126, #81 Exhibit 127, #82 Exhibit 128, #83 Exhibit 129 - 131 (Filed Under Seal), #84 Exhibit 132, #85 Exhibit 133, #86 Exhibit 134, #87 Exhibit 135, #88 Exhibit 136, #89 Exhibit 137, #90 Exhibit 138 - 139 (Filed Under Seal))(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 196 DECLARATION of Timothy A. Cohan in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4, #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 - 13 (Filed Under Seal), #12 Exhibit 14, #13 Exhibit 15 (Filed Under Seal), #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18 - 19 (Filed Under Seal), #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22, #20 Exhibit 23, #21 Exhibit 24, #22 Exhibit 25 (Filed Under Seal), #23 Exhibit 26, #24 Exhibit 27, #25 Exhibit 28, #26 Exhibit 29, #27 Exhibit 30, #28 Exhibit 31, #29 Exhibit 32 (Filed Under Seal), #30 Exhibit 33)(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 195 DECLARATION of Glenn Goldlstein in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 (Filed Under Seal), #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18 - 19 (Filed Under Seal))(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 194 DECLARATION of Michael B. Kramer in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 -14 (Filed Under Seal), #14 Exhibit 15)(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 193 DECLARATION of Victoria G. Traube in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1 - 4 (Filed Under Seal), #2 Exhibit 5, #3 Exhibit 6 (Filed Under Seal))(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 192 DECLARATION of Alisa Coleman in Support re: #191 CROSS MOTION for Summary Judgment .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1)(Slotnick, Barry)
September 14, 2017 Opinion or Order Filing 191 CROSS MOTION for Summary Judgment . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
August 24, 2017 Opinion or Order Filing 190 ORDER granting #189 Letter Motion for Leave to File Excess Pages. The proposed briefing schedule is adopted, and the parties request for enlargement of the page limits, as set forth in Plaintiffs' letter, is granted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
August 23, 2017 Opinion or Order Filing 189 JOINT LETTER MOTION for Leave to File Excess Pages and to Extend Briefing Schedule on Motions for Summary Judgment addressed to Judge Edgardo Ramos from Tal Dickstein dated August 23, 2017. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
August 21, 2017 Opinion or Order Filing 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 8/8/2017 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.(rro)
August 21, 2017 Opinion or Order Filing 187 TRANSCRIPT of Proceedings re: Discovery Hearing held on 8/8/2017 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/11/2017. Redacted Transcript Deadline set for 9/21/2017. Release of Transcript Restriction set for 11/20/2017.(rro)
August 16, 2017 Opinion or Order Filing 186 ORDER: On June 20, 2017, the Court granted the parties' request for a stay to file responses to Defendants' motion for summary judgment filed on May 18, 2017 (Doc. 161) pending resolution of the discovery issues before Magistrate Judge Pitman. On August 10, 2017, Magistrate Judge Pitman issued an Opinion and Order denying Plaintiffs' application to compel further responses to their requests for admissions. (Doc. 184). Accordingly, the parties shall comply with the following briefing schedule: Plaintiffs' opposition due Thursday, September 14, 2017. Defendants' reply due Thursday, September 28, 2017. (Set Deadlines/Hearing as to #161 MOTION for Summary Judgment: Responses due by 9/14/2017, Replies due by 9/28/2017.) (Signed by Judge Edgardo Ramos on 8/16/2017) (jwh)
August 10, 2017 Opinion or Order Filing 185 ORDER: No later than August 29, 2017, defendants shall produce the quarterly financial reports for the period commencing three years prior to the filing of the complaint in this matter through the date of this Order for the web sites known as Wolfgang's (formerly known as Wolfgang's Vault), Concert Vault and Day Trotter. Defendants' motion to compel the production of documents reflecting the licensing payments defendants have made to plaintiffs with respect to the compositions at issue is granted; however, in light of the parties' stipulations concerning the pending summary judgment motions, plaintiff's obligation to produce documents is stayed pending the resolution of the summary judgment motions. In the event that the parties' motions for summary judgment are denied, plaintiffs will are to produce these documents, for the period commencing three years prior to the filing of the complaint through the date of this Order, within seven calendar days of the decision denying summary judgment. (Signed by Magistrate Judge Henry B. Pitman on 8/10/2017) (ap) Modified on 8/10/2017 (ap).
August 8, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 8/8/2017. (ajc)
July 31, 2017 Opinion or Order Filing 184 OPINION AND ORDER re: #168 LETTER, #179 LETTER. I write to resolve a dispute between the parties concerning defendants' objections and responses to 1,901 requests for admissions ("RFAs") served by plaintiffs. Short of conducting third-party discovery, which is generally not required in responding to an RFA, there appear to be no steps that defendants could have taken to learn the authenticity and accuracy of documents in this second category. Given the nature of the requests at issue and the absence of any suggestion from plaintiffs as to what steps defendants could have reasonably taken, I conclude that defendants' answers to the second category of RFAs are also sufficient. Accordingly, for all the foregoing reasons, plaintiffs' application to compel further responses to their RFAs is denied. (Signed by Magistrate Judge Henry B. Pitman on 7/31/2017) Copies Transmitted by Chambers. (ras) Modified on 8/1/2017 (ras).
July 17, 2017 Opinion or Order Filing 183 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated July 17, 2017 re: Pending Discovery Disputes. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
June 23, 2017 Opinion or Order Filing 182 ORDER: For the reasons stated on the record at the June 20, 2017 conference, Defendants' objections to Magistrate Judge Pitman's February 15, February 16, and May 2 Orders are OVERRULED. Further, the briefing schedule for the parties' motions for summary judgment is STAYED pending resolution of the discovery disputes before Magistrate Judge Pitman. (Signed by Judge Edgardo Ramos on 6/23/2017) (jwh)
June 20, 2017 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 6/20/2017. Plaintiffs' counsel present. Defendants' counsel present. Defendants' objections to Magistrate Judge Pitman's February 15, February 16, and May 2 Orders are OVERRULED. (Court Reporter Raquel Robles) (jar)
June 19, 2017 Opinion or Order Filing 181 MEMO ENDORSEMENT on re: #180 Letter, filed by Bill Graham Archives, LLC, William Sagan, Norton LLC. ENDORSEMENT: Counsel's request is Granted. Counsel is directed to call (212)805-0169. The application is granted. So Ordered (Signed by Judge Edgardo Ramos on 6/19/2017) (js)
June 16, 2017 Opinion or Order Filing 180 LETTER addressed to Judge Edgardo Ramos from Erin R. Ranahan dated June 16, 2017 re: request for telephonic appearance at pre-motion conference scheduled for June 20, 2017. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Ranahan, Erin)
June 9, 2017 Opinion or Order Filing 179 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated June 9, 2017 re: Response to Defendants' June 2, 2017 Letter. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
June 6, 2017 Opinion or Order Filing 178 REPLY re: #177 Reply Memorandum of Law in Support, #153 Objection (non-motion) - DECLARATION OF ERIN R. RANAHAN IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE PITMAN'S MAY 2, 2017 ORDER. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1 - 2/14/2017 Hearing Transcript, #2 Exhibit 2 - 12/20/2016 Hearing Transcript, #3 Exhibit 3 - 5/2/2017 Hearing Transcript)(Ranahan, Erin)
June 6, 2017 Opinion or Order Filing 177 REPLY MEMORANDUM OF LAW in Support re: #153 Objection (non-motion) - DEFENDANTS' REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE PITMAN'S MAY 2, 2017 ORDER. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
June 2, 2017 Opinion or Order Filing 176 LETTER addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated June 2, 2017 re: response to Plaintiffs' May 22, 2017 letter (Dkt. 168). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1 - Excerpt from 5/2 hearing transcript, #2 Exhibit 2 - Excerpt from Defendants responses and objections to Plaintiffs first set of requests for admission)(Ranahan, Erin)
May 31, 2017 Opinion or Order Filing 175 SEALED DOCUMENT placed in vault.(rz)
May 30, 2017 Opinion or Order Filing 174 DECLARATION of Tal E. Dickstein re: #153 Objection (non-motion) (In Support of Plaintiffs' Opposition to Defendants' Objections to Magistrate Henry Pitman's May 2, 2017 Order. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H (Filed Under Seal), #9 Exhibit I)(Dickstein, Tal)
May 30, 2017 Opinion or Order Filing 173 RESPONSE re: #153 Objection (non-motion) (Plaintiffs' Opposition to Defendants' Objections to Magistrate Judge Henry Pitman's May 2, 2017 Order. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Dickstein, Tal)
May 30, 2017 Opinion or Order Filing 172 ANSWER to #150 Counterclaim. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
May 26, 2017 Opinion or Order Filing 171 ORDER granting #166 Letter Motion for Conference. The parties are directed to appear for a pre-motion conference on Tuesday, June 20, 2017 at 11:00 AM. Pre-Motion Conference set for 6/20/2017 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 5/26/2017) (mro)
May 24, 2017 Opinion or Order Filing 170 LETTER addressed to Judge Edgardo Ramos from Tal Dickstein dated May 24, 2017 re: Response to Defendants' Letter dated May 19, 2017. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
May 23, 2017 Opinion or Order Filing 169 SEALED DOCUMENT placed in vault.(mps)
May 22, 2017 Opinion or Order Filing 168 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated May 22, 2017 re: Discovery Disputes. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Filed Under Seal))(Dickstein, Tal)
May 22, 2017 Opinion or Order Filing 167 SEALED DOCUMENT placed in vault.(rz)
May 19, 2017 Opinion or Order Filing 166 LETTER MOTION for Conference in re: request for pre-motion conference in connection with Defendants' Motion for Summary Judgment and/or Summary Adjudication, addressed to Judge Edgardo Ramos from Michael S. Elkin dated 5/19/2017. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
May 18, 2017 Opinion or Order Filing 165 RULE 56.1 STATEMENT. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
May 18, 2017 Opinion or Order Filing 164 MEMORANDUM OF LAW in Support re: #161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION (Redacted). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
May 18, 2017 Opinion or Order Filing 163 DECLARATION of MATTHEW LUNDBERG in Support re: #161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibits 1 - 32 to Lundberg Declaration (Filed Under Seal)(Elkin, Michael)
May 18, 2017 Opinion or Order Filing 162 DECLARATION of ERIN R. RANAHAN in Support re: #161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - March 29, 2017 deposition transcript of Jeremy Blietz, #2 Exhibits B - P to Ranahan Declaration (Filed Under Seal)(Elkin, Michael)
May 18, 2017 Opinion or Order Filing 161 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
May 18, 2017 Opinion or Order Filing 160 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #165 Rule 56.1 Statement) - RULE 56.1 STATEMENT. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin) Modified on 5/22/2017 (db).
May 18, 2017 Opinion or Order Filing 159 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #164 Memorandum) - MEMORANDUM OF LAW in Support re: #156 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION (Redacted). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin) Modified on 5/22/2017 (db).
May 18, 2017 Opinion or Order Filing 158 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #163 Declaration) - DECLARATION of MATTHEW LUNDBERG in Support re: #156 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibits 1 -32 to Lundberg Declaration (Filed Under Seal))(Ranahan, Erin) Modified on 5/22/2017 (db).
May 18, 2017 Opinion or Order Filing 157 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #162 Declaration) - DECLARATION of ERIN R. RANAHAN in Support re: #156 MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - March 29, 2017 deposition transcript of Jeremy Blietz, #2 Exhibit B - P to Ranahan Declaration (Filed Under Seal))(Ranahan, Erin) Modified on 5/22/2017 (db).
May 18, 2017 Opinion or Order Filing 156 FILING ERROR - DEFICIENT DOCKET ENTRY -(SEE #161 Motion) MOTION for Summary Judgment - DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Ranahan, Erin) Modified on 5/22/2017 (db).
May 17, 2017 Opinion or Order Filing 155 SEALED DOCUMENT placed in vault.(rz)
May 16, 2017 Opinion or Order Filing 154 DECLARATION of Erin R. Ranahan in Support re: #153 Objection (non-motion). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1 - Recording Acquisition Spreadsheet, #2 Exhibit 2 - Defendants' First Requests for Production, #3 Exhibit 3 - Rolling Stone Article, #4 Exhibit 4 - Wikipedia Page, #5 Exhibit 5 - Showbiz411 Article, #6 Exhibit 6 - 12/20/2016 Tr. Excerpt, #7 Exhibit 7 (under seal) - Agreement between ABKCO and the Rolling Stones, #8 Exhibit 8 - 2/14/2017 Tr. Excerpt, #9 Exhibit 9 - 5/2/2017 Tr. Excerpt, #10 Exhibit 10 - 2/16/2017 Tr. Excerpt, #11 Exhibit 11 - 12/7/2016 Tr. Excerpt)(Ranahan, Erin)
May 16, 2017 Opinion or Order Filing 153 Objection -- Defendants' Objections to Magistrate Judge's May 2, 2017 [Oral] Decision. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
May 12, 2017 Opinion or Order Filing 152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a discovery conference proceeding held on 05/02/2017 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.(rro)
May 12, 2017 Opinion or Order Filing 151 TRANSCRIPT of Proceedings re: discovery conference held on 5/2/2017 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017.(rro)
May 8, 2017 Opinion or Order Filing 150 ANSWER to #141 Amended Complaint,,,,,, with JURY DEMAND., COUNTERCLAIM against ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. Document filed by William Sagan, Bill Graham Archives, LLC, Norton LLC.(Elkin, Michael)
May 3, 2017 Opinion or Order Filing 149 ORDER denying #126 Letter Motion for Discovery; terminating #145 Letter Motion for Discovery. Based on defendants' counsel's representation that defendants have fully supplemented their discovery responses, plaintiffs' application to compel defendants to supplement their discovery responses with respect to the additional categories of documents identified in plaintiffs' letter dated March 22, 2017 (Docket Item 126) is denied. The Clerk of the Court is respectfully requested to close Docket Items 126 and 145. (Signed by Magistrate Judge Henry B. Pitman on 5/3/2017) Copies Mailed By Chambers. (ras)
May 2, 2017 Opinion or Order Filing 148 SEALED DOCUMENT placed in vault.(mps)
May 1, 2017 Opinion or Order Filing 147 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated May 1, 2017 re: Response to Defendants' Letter dated 4/28/17. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Filed Under Seal), #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G (Filed Under Seal))(Dickstein, Tal)
May 1, 2017 Opinion or Order Filing 146 SEALED DOCUMENT placed in vault.(mps)
April 28, 2017 Opinion or Order Filing 145 LETTER MOTION for Discovery addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated April 28, 2017. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Ex. 1 - 3/16/2017 Email, #2 Ex. 2 - 3/20/2017 Email, #3 Ex. 3 - 1/5/2017 Deposition Notice, #4 Ex. 4 - 1/27/2017 Email, #5 Ex. 5 - 2/22/2017 Email, #6 Ex. 6 - 4/20/2017 Plaintiffs' Document Production Letter, #7 Ex. 7 - 2/28/2017 Email, #8 Ex. 8 - 3/1/2017 Email, #9 Ex. 9 - 3/2/2017 Email, #10 Ex. 10 - 3/3/2017 Email, #11 Ex. 11 - 4/14/2017 Email, #12 Ex. 12 - 4/17/2017 Email, #13 Ex. 13 - 3/10/2017 Email, #14 Ex. 14 - 3/15/2017 Email, #15 Ex. 15 - 4/19/2017 Email, #16 Ex. 16 - 4/19/2017 Email, #17 Ex. 17 - 9/18/2015 Defendants' Requests for Production Excerpt, #18 Ex. 18 - Levy Deposition Transcript under seal, #19 Ex. 19 - Blietz Deposition Transcript, #20 Ex. 20 - 4/27/2017 Email, #21 Ex. 21 - Rough Draft of Riggs Deposition Transcript, #22 Ex. 22 - 11/2/2015 Plaintiffs' Responses and Objections to Requests for Production Excerpt)(Ranahan, Erin)
April 27, 2017 Opinion or Order Filing 144 MEMO ENDORSEMENT: on re: #143 Letter, filed by EMI Unart Catalog, Inc., Peer International Corporation, Warner-Tamerlane Publishing Corp., Spirit Catalog Holdings S.A.R.L., EMI Consortium Music Publishing, Inc., ABKCO Music, Inc., Songs of Peer, Ltd., EMI Blackwood Music Inc., EMI Feist Catalog Inc., PSO Limted, Screen-Gems-Emi Music Inc., EMI Consortium Songs, Inc., Stone Agate Music, Peermusic Ltd., EMI Robbins Catalog Inc., EMI April Music Inc., Stone Diamond Music Corp., Imagem Music LLC, Jobete Music Co., Inc., EMI Algee Music Corp., Spirit Two Music, Inc., WB Music Corp., Peermusic III, Ltd., Colgems-EMI Music Inc. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 4/27/2017) (ap) Modified on 4/28/2017 (ap).
April 26, 2017 Opinion or Order Filing 143 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated April 26, 2017 re: Plaintiffs' Supplemental Complaint. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A)(Dickstein, Tal)
April 26, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tal Efriam Dickstein to RE-FILE re: Document No. #142 Supplemental Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Court's leave has not been granted Bill Graham Archives, LLC appears on the complaint caption title and docket four times but was selected only once. The supplemental complaint was filed incorrectly on and after the due date so permission from Chambers will have to be granted before the correctly filed supplemental complaint can be accepted. (pc)
April 25, 2017 Opinion or Order Filing 142 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SUPPLEMENTAL AMENDED COMPLAINT amending #1 Complaint,, against Bill Graham Archives, LLC, Norton LLC, William Sagan.Document filed by Songs of Peer, Ltd., EMI Consortium Music Publishing, Inc., Warner-Tamerlane Publishing Corp., EMI Consortium Songs, Inc., Peer International Corporation, EMI Feist Catalog Inc., EMI Robbins Catalog Inc., PSO Limted, WB Music Corp., EMI Unart Catalog, Inc., Screen-Gems-Emi Music Inc., Stone Diamond Music Corp., Peermusic III, Ltd., Stone Agate Music, Jobete Music Co., Inc., Imagem Music LLC, EMI Blackwood Music Inc., ABKCO Music, Inc., Peermusic Ltd., EMI April Music Inc., Spirit Catalog Holdings S.A.R.L., EMI Algee Music Corp., Spirit Two Music, Inc., Colgems-EMI Music Inc.. Related document: #1 Complaint,, filed by EMI Unart Catalog, Inc., Peer International Corporation, Warner-Tamerlane Publishing Corp., Spirit Catalog Holdings S.A.R.L., EMI Consortium Music Publishing, Inc., ABKCO Music, Inc., Songs of Peer, Ltd., EMI Blackwood Music Inc., EMI Feist Catalog Inc., PSO Limted, Screen-Gems-Emi Music Inc., EMI Consortium Songs, Inc., Stone Agate Music, Peermusic Ltd., EMI Robbins Catalog Inc., EMI April Music Inc., Stone Diamond Music Corp., Imagem Music LLC, Jobete Music Co., Inc., EMI Algee Music Corp., Spirit Two Music, Inc., WB Music Corp., Peermusic III, Ltd., Colgems-EMI Music Inc.. (Attachments: #1 Exhibit A)(Dickstein, Tal) Modified on 4/26/2017 (pc).
April 25, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tal Efriam Dickstein to RE-FILE Document No. #141 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Bill Graham Archives, LLC appears on the complaint caption title and docket four times but was selected only once. (pc)
April 25, 2017 Opinion or Order A discovery conference is set for 5/2/2017 at 10:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
April 24, 2017 Opinion or Order Filing 141 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SUPPLEMENTAL AMENDED COMPLAINT amending #1 Complaint,, against Bill Graham Archives, LLC, Norton LLC, William Sagan.Document filed by Songs of Peer, Ltd., EMI Consortium Music Publishing, Inc., Warner-Tamerlane Publishing Corp., EMI Consortium Songs, Inc., Peer International Corporation, EMI Feist Catalog Inc., EMI Robbins Catalog Inc., PSO Limted, WB Music Corp., EMI Unart Catalog, Inc., Screen-Gems-Emi Music Inc., Stone Diamond Music Corp., Peermusic III, Ltd., Stone Agate Music, Jobete Music Co., Inc., Imagem Music LLC, EMI Blackwood Music Inc., ABKCO Music, Inc., Peermusic Ltd., EMI April Music Inc., Spirit Catalog Holdings S.A.R.L., EMI Algee Music Corp., Spirit Two Music, Inc., Colgems-EMI Music Inc.. Related document: #1 Complaint,, filed by EMI Unart Catalog, Inc., Peer International Corporation, Warner-Tamerlane Publishing Corp., Spirit Catalog Holdings S.A.R.L., EMI Consortium Music Publishing, Inc., ABKCO Music, Inc., Songs of Peer, Ltd., EMI Blackwood Music Inc., EMI Feist Catalog Inc., PSO Limted, Screen-Gems-Emi Music Inc., EMI Consortium Songs, Inc., Stone Agate Music, Peermusic Ltd., EMI Robbins Catalog Inc., EMI April Music Inc., Stone Diamond Music Corp., Imagem Music LLC, Jobete Music Co., Inc., EMI Algee Music Corp., Spirit Two Music, Inc., WB Music Corp., Peermusic III, Ltd., Colgems-EMI Music Inc.. (Attachments: #1 Exhibit A)(Dickstein, Tal) Modified on 4/25/2017 (pc).
April 20, 2017 Opinion or Order Minute Entry, Discovery Hearing set for 5/3/2017 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
April 19, 2017 Opinion or Order Filing 140 ORDER. For all the reasons in this Order, plaintiffs' motion to file a supplemental complaint is granted. Plaintiffs are to serve and file their supplemental complaint within five days of the date of this Order. So ordered. Granting #99 Motion for Leave to File Document. (Signed by Magistrate Judge Henry B. Pitman on 4/19/2017) Copies transmitted to All Counsel. (rjm)
April 18, 2017 Opinion or Order Terminate Transcript Deadlines re: #63 . (anc)
April 17, 2017 Opinion or Order Filing 139 SEALED DOCUMENT placed in vault.(rz)
April 14, 2017 Opinion or Order Filing 138 DECLARATION of Erin R. Ranahan in Support re: #137 Letter,. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
April 14, 2017 Opinion or Order Filing 137 LETTER addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated 4/14/2017 re: response to Plaintiffs' April 7, 2017 letter (Dkt. 135). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - (under seal))(Ranahan, Erin)
April 10, 2017 Opinion or Order Filing 136 SEALED DOCUMENT placed in vault.(mps)
April 7, 2017 Opinion or Order Filing 135 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated April 7, 2017 re: Response to Defendants' Letter dated 3/29/17. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A: Excerpts of Matt Lundberg Deposition Transcript (Filed Under Seal), #2 Exhibit B: Excerpts of Arthur Levy Deposition Transcript (Filed Under Seal), #3 Exhibit C: 1/5/17 Notice of Deposition, #4 Exhibit D: 2/1/17 E-Mail, #5 Exhibit E: 2/9/17 E-Mail, #6 Exhibit F: 3/12/17 and 3/15/17 E-Mails)(Dickstein, Tal)
March 30, 2017 Opinion or Order Filing 134 SEALED DOCUMENT placed in vault.(mps)
March 29, 2017 Opinion or Order Filing 133 DECLARATION of Erin R. Ranahan re: #126 LETTER MOTION for Discovery (Request for Enforcement of Order dated 2/15/17) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated March 22, 2017. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
March 29, 2017 Opinion or Order Filing 132 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated 3/29/2017 re: #126 LETTER MOTION for Discovery (Request for Enforcement of Order dated 2/15/17) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated March 22, 2017. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1 - 2/14/2017 Hearing Tr., #2 Exhibit 2 - Plaintiffs00047533 spreadsheet (under seal), #3 Exhibit 3 - Rough Draft of Ashby Deposition Tr., #4 Exhibit 4 - Plaintiffs' Privilege Log, #5 Exhibit 5 - 2/22/2017 Email, #6 Exhibit 6 - Plaintiffs0008029 spreadsheet (under seal), #7 Exhibit 7 - Plaintiffs0024140 spreadsheet (under seal), #8 Exhibit 8 - Plaintiffs0024143 spreadsheet (under seal), #9 Exhibit 9 - Rough Draft of Levy Deposition Tr. (under seal), #10 Exhibit 10 - 12/7/2016 Hearing Tr., #11 Exhibit 11 - 3/12/2017 Email, #12 Exhibit 12 - 3/20/2017 Email)(Ranahan, Erin)
March 23, 2017 Opinion or Order Filing 131 SEALED DOCUMENT placed in vault.(mps)
March 22, 2017 Opinion or Order Filing 130 REPLY MEMORANDUM OF LAW re: #122 Response, #123 Declaration in Opposition -- Defendants' Reply to Third Party David Byrne's Opposition to Defendants' Objections to Magistrate Judge Pitman's Discovery Orders. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
March 22, 2017 Opinion or Order Filing 129 REPLY MEMORANDUM OF LAW re: #121 Declaration in Opposition, #120 Response -- Defendants' Reply to Third Party Keith Richards' Opposition to Defendants' Objections to Magistrate Judge Pitman's Discovery Orders. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
March 22, 2017 Opinion or Order Filing 128 REPLY MEMORANDUM OF LAW re: #118 Declaration in Opposition,,, #119 Response,, -- Defendants' Reply to Plaintiffs' and David Israelite's Opposition to Defendants' Objections to Magistrate Judge Pitman's Discovery Orders. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
March 22, 2017 Opinion or Order Filing 127 DECLARATION of Erin R. Ranahan -- Omnibus Declaration in Support of Defendants' Reply to Oppositions to Defendants' Objections to Magistrate Judge Pitman's Discovery Orders filed by Plaintiffs and David Israelite, Keith Richards, and David Byrne re: #120 Response, #122 Response, #123 Declaration in Opposition, #118 Declaration in Opposition,,, #121 Declaration in Opposition, #119 Response,, . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal))(Ranahan, Erin)
March 22, 2017 Opinion or Order Filing 126 LETTER MOTION for Discovery (Request for Enforcement of Order dated 2/15/17) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated March 22, 2017. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A: E-mails Between Counsel)(Dickstein, Tal)
March 22, 2017 Opinion or Order Terminate Transcript Deadlines re: #56 . (anc)
March 17, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 3/17/2017. (bh)
March 16, 2017 Opinion or Order Filing 125 NOTICE OF APPEARANCE by Cem Ozer on behalf of David Byrne. (Ozer, Cem)
March 16, 2017 Opinion or Order Filing 124 NOTICE OF APPEARANCE by Victor Charles Bushell on behalf of David Byrne. (Bushell, Victor)
March 15, 2017 Opinion or Order Filing 123 DECLARATION of David Byrne in Opposition re: #106 Objection (non-motion),,. Document filed by David Byrne. (Bushell, Victor)
March 15, 2017 Opinion or Order Filing 122 RESPONSE re: #106 Objection (non-motion),, . Document filed by David Byrne. (Attachments: #1 Exhibit A -- February 16, 2017 Transcript Excerpt)(Bushell, Victor)
March 15, 2017 Opinion or Order Filing 121 DECLARATION of John J. Rosenberg in Opposition re: #106 Objection (non-motion),,. Document filed by Keith Richards. (Attachments: #1 Exhibit A)(Giger, Matthew)
March 15, 2017 Opinion or Order Filing 120 RESPONSE re: #106 Objection (non-motion),, . Document filed by Keith Richards. (Giger, Matthew)
March 15, 2017 Opinion or Order Filing 119 RESPONSE re: #106 Objection (non-motion),, . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, David Israelite, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Dickstein, Tal)
March 15, 2017 Opinion or Order Filing 118 DECLARATION of Tal E. Dickstein in Opposition re: #106 Objection (non-motion),,. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, David Israelite, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Dickstein, Tal)
March 15, 2017 Opinion or Order Filing 117 SEALED DOCUMENT placed in vault.(rz)
March 15, 2017 Opinion or Order Filing 116 DECLARATION of Tal E. Dickstein in Support re: #99 MOTION for Leave to File Supplemental Complaint .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dickstein, Tal)
March 15, 2017 Opinion or Order Filing 115 REPLY MEMORANDUM OF LAW in Support re: #99 MOTION for Leave to File Supplemental Complaint . . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., Warner-Tamerlane Publishing Corp.. (Dickstein, Tal)
March 10, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 3/10/2017. A telephone conference is scheduled for 2/17/2017 at 10:30am. Counsel is to initiate the conference call. (bh)
March 9, 2017 Opinion or Order Filing 114 SEALED DOCUMENT placed in vault.(mps)
March 8, 2017 Opinion or Order Filing 113 DECLARATION of Erin R. Ranahan in Opposition re: #99 MOTION for Leave to File Supplemental Complaint .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - February 14, 2017 Transcript excerpt, #2 Exhibit B - December 20, 2016 Transcript excerpt)(Ranahan, Erin)
March 8, 2017 Opinion or Order Filing 112 DECLARATION of Matt Lundberg in Opposition re: #99 MOTION for Leave to File Supplemental Complaint .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1 - Spreadsheet re: publication dates (filed under seal), #2 Exhibit 2 - Spreadsheet re: acquisitions (filed under seal))(Ranahan, Erin)
March 8, 2017 Opinion or Order Filing 111 MEMORANDUM OF LAW in Opposition re: #99 MOTION for Leave to File Supplemental Complaint . . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
March 7, 2017 Opinion or Order Filing 110 NOTICE OF APPEARANCE by Scott Richard Samay on behalf of Bill Graham Archives, LLC, Norton LLC, William Sagan. (Samay, Scott)
March 7, 2017 Opinion or Order Filing 109 SEALED DOCUMENT placed in vault.(mps)
March 3, 2017 Opinion or Order Filing 108 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated March 3, 2017 re: Response to Court's Inquiry at 2/16/17 Conference. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Declaration of Michael B. Kramer, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Dickstein, Tal)
March 2, 2017 Opinion or Order Filing 107 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from David R. Montgomery dated 2/23/2017 re: Request to file under seal. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 3/2/2017) (cf)
March 1, 2017 Opinion or Order Filing 106 Objection re: #95 Order on Motion for Discovery, Order on Motion to Quash,,,, #85 Order on Motion for Conference,,, -- Defendants' Objections to Magistrate Judge Pitman's February 15, 2017 and February 16, 2017 Orders. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Ranahan, Erin)
February 23, 2017 Opinion or Order Filing 105 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 2/16/2017 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...(jwh)
February 23, 2017 Opinion or Order Filing 104 TRANSCRIPT of Proceedings re: Discovery Hearing held on 2/16/2017 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017.(jwh)
February 23, 2017 Opinion or Order Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 2/14/2017 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...(anc)
February 23, 2017 Opinion or Order Filing 102 TRANSCRIPT of Proceedings re: Discovery Hearing held on 2/14/2017 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017.(anc)
February 22, 2017 Opinion or Order Filing 101 DECLARATION of Tal E. Dickstein in Support re: #99 MOTION for Leave to File Supplemental Complaint .. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (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)(Dickstein, Tal)
February 22, 2017 Opinion or Order Filing 100 MEMORANDUM OF LAW in Support re: #99 MOTION for Leave to File Supplemental Complaint . . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Dickstein, Tal)
February 22, 2017 Opinion or Order Filing 99 MOTION for Leave to File Supplemental Complaint . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
February 22, 2017 Opinion or Order Filing 98 MEMO ENDORSEMENT on re: #94 Letter, filed by Bill Graham Archives, LLC, William Sagan, Norton LLC. ENDORSEMENT: Defendants' motion for reconsideration is denied. To the extent the motion is addressed to the application to depose David Byrne, defendants are, in essence, offering new factual material in violation of Local Civil Rule 6.3. A motion for reconsideration is not a basis to advance new theories and arguments. Perez v. United States, 378 F. Supp. 2d 150, 154-55 (E.D.N.Y. 2005); see In re City of New York, as Owner & Operator of M/V Andrew J. Barberi, CV-03-6049 (ERK) (VVP), 2008 WL 1734236 at *1 (E.D.N.Y. Apr. 10, 2008), citing Zoll v. Jordache Enters. Inc., 01 Civ. 1339 (CSH), 2003 WL 1964054 at *2 (S.D.N.Y. Apr. 24, 2003) (Haight, D.J.). To the extent the motion is directed to the application to depose Mr. Israelite, defendants offer do not cite any facts or controlling precedent that were called to my attention an overlooked. Mr. Israelite was identified in plaintiff's 26(a) (1) disclosures in response to a counterclaim that is no longer in the case, and plaintiffs' counsel has represented on the record that plaintiffs do not intend to call Mr. Israelite on plaintiffs' direct case. In short, there is no basis to revisit my decision concerning Mr. Israelite's deposition. (Signed by Magistrate Judge Henry B. Pitman on 2/22/2017) Copies Sent By Chambers. (cf)
February 22, 2017 Opinion or Order Filing 97 LETTER addressed to Magistrate Judge Henry B. Pitman from Barry I. Slotnick dated February 22, 2017 re: Response to Defendants' 2/17/17 Letter. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
February 21, 2017 Opinion or Order Filing 96 SEALED DOCUMENT placed in vault.(mps)
February 17, 2017 Opinion or Order Set/Reset Deadlines: Discovery due by 5/31/2017. (cf)
February 17, 2017 Opinion or Order Filing 95 ORDER granting in part and denying in part #71 Letter Motion for Discovery; granting in party denying in part #74 Motion to Quash. The Non-Party Witnesses' motions to quash subpoenas for deposition testimony are granted to the extent that any questioning of them shall be done by written questions and shall be limited to a total of 25 questions, to be answered under oath or an affirmation pursuant to 28 U.S.C. 1746. Israelite's and Richards' requests for fees are denied. The Clerk of the Court is respectfully requested to close Docket Items 71 and 74. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 2/17/2017) Copies Sent By Chambers (cf) Modified on 2/22/2017 (cf).
February 17, 2017 Opinion or Order Filing 94 LETTER addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated 2/17/2017 re: response to Mr. Ozer's letter dated February 17, 2017. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1)(Ranahan, Erin)
February 17, 2017 Opinion or Order Filing 93 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Cem Ozer dated 2/17/2017 re: Request to seal documents. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 2/17/2017) (cf)
February 17, 2017 Opinion or Order Filing 92 SECOND REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Expert depositions shall be completed by May 31, 2017. (As further set forth in this Order.) The next case management conference is scheduled for March 8, 2017, at 11:30A.M. before the Hon. Edgardo Ramos. Deposition due by 5/31/2017. (Signed by Magistrate Judge Henry B. Pitman on 2/17/2017) (cf)
February 17, 2017 Opinion or Order Filing 91 SEALED DOCUMENT placed in vault.(mps)
February 17, 2017 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #93 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf)
February 16, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 2/16/2017. (bh)
February 16, 2017 Opinion or Order Filing 90 DECLARATION of Erin R. Ranahan (Supplemental Declaration in Support of Defendants' Corrected Opposition to Motion to Quash Subpoena for Deposition Testimony of David Byrne) in Opposition re: 78 Sealed Document, 79 Sealed Document. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (redacted))(Ranahan, Erin)
February 16, 2017 Opinion or Order Filing 89 MEMORANDUM OF LAW in Opposition re: 78 Sealed Document, 79 Sealed Document -- (Redacted) Defendants' Corrected Opposition to David Byrne's Motion to Quash Subpoena for Deposition Testimony. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
February 15, 2017 Opinion or Order Filing 88 REPLY MEMORANDUM OF LAW in Support re: #74 MOTION to Quash Subpoena for deposition testimony of Keith Richards . . Document filed by Keith Richards. (Giger, Matthew)
February 15, 2017 Opinion or Order Filing 87 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated February 15, 2017 re: Reply on Letter Motion to Quash Amended Deposition Subpoena. Document filed by David Israelite.(Dickstein, Tal)
February 15, 2017 Opinion or Order Filing 86 ORDER: The Clerk of the Court is directed to issue an ECF login and password to David R. Montgomery, Esq. of the firm of Hudson, Montgomery, Kalivoda & Connelly, without regard to the fact that Mr. Montgomery is not admitted in this Court. Mr. Montgomery is appearing for a non-party witness who has been subpoenaed in connection with an action pending in this Court and is authorized to appear in this Court in connection with that limited representation pursuant to Fed.R.Civ.P. 45(f). It is recommended that Mr. Montgomery review the information on this Court's web site with respect to the ECF system. (Signed by Magistrate Judge Henry B. Pitman on 2/15/2017) Copies Sent By Chambers. (cf)
February 15, 2017 Opinion or Order Filing 85 ORDER denying #69 Letter Motion for Conference. A conference having been held in this matter on February 14, 2017, during which certain discovery issues were addressed, after hearing from counsel for both sides, for the reasons stated on the record in open court, it is hereby ORDERED that: Defendants' application for reconsideration of my prior Order denying production of plaintiffs' blanket internet licenses is denied. Based on defendants' counsels' representation that a diligent search has already been made of the files of all transaction counsel for documents relevant to this action, plaintiffs' application to compel the production of additional documents from defendants' transaction counsel is denied. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 2/15/2017) Copies Sent By Chambers (cf)
February 15, 2017 Opinion or Order Filing 84 SEALED DOCUMENT placed in vault.(mps)
February 15, 2017 Opinion or Order Filing 83 MEMORANDUM OF LAW in Opposition re: 78 Sealed Document, 79 Sealed Document {(Redacted) Defendants' Opposition to David Byrne's Motion to Quash Subpoena for Deposition Testimony}. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
February 14, 2017 Opinion or Order Filing 82 DECLARATION of Erin R. Ranahan in Opposition re: #74 MOTION to Quash Subpoena for deposition testimony of Keith Richards .. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (filed under seal), #7 Exhibit 7 (filed under seal), #8 Exhibit 8 (filed under seal), #9 Exhibit 9 (filed under seal), #10 Exhibit 10 (filed under seal), #11 Exhibit 11 (filed under seal), #12 Exhibit 12 (filed under seal), #13 Exhibit 13 (filed under seal), #14 Exhibit 14 (filed under seal), #15 Exhibit 15 (filed under seal), #16 Exhibit 16 (filed under seal), #17 Exhibit 17)(Ranahan, Erin)
February 14, 2017 Opinion or Order Filing 81 MEMORANDUM OF LAW in Opposition re: #74 MOTION to Quash Subpoena for deposition testimony of Keith Richards . . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
February 14, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 2/14/2017. (bh)
February 13, 2017 Opinion or Order Filing 80 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated February 13, 2017 re: Document Discovery Issues. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
February 10, 2017 Opinion or Order Filing 79 SEALED DOCUMENT placed in vault.(rz)
February 10, 2017 Opinion or Order Filing 78 SEALED DOCUMENT placed in vault.(rz)
February 10, 2017 Opinion or Order Oral Argument on the motions to quash is set for 2/16/2017 at 2:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
February 8, 2017 Opinion or Order Filing 77 DECLARATION of Matthew H. Giger in Support re: #74 MOTION to Quash Subpoena for deposition testimony of Keith Richards .. Document filed by Keith Richards. (Attachments: #1 Exhibit A - B, #2 Exhibit C, #3 Exhibit D - E, #4 Exhibit F - G, #5 Exhibit H - J, #6 Exhibit K - N)(Giger, Matthew)
February 8, 2017 Opinion or Order Filing 76 DECLARATION of Keith Richards in Support re: #74 MOTION to Quash Subpoena for deposition testimony of Keith Richards .. Document filed by Keith Richards. (Giger, Matthew)
February 8, 2017 Opinion or Order Filing 75 MEMORANDUM OF LAW in Support re: #74 MOTION to Quash Subpoena for deposition testimony of Keith Richards . . Document filed by Keith Richards. (Giger, Matthew)
February 8, 2017 Opinion or Order Filing 74 MOTION to Quash Subpoena for deposition testimony of Keith Richards . Document filed by Keith Richards.(Giger, Matthew)
February 8, 2017 Opinion or Order Filing 73 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Victor C. Bushell dated 2/8/2017 re: Permission to permit Mr. Byrne to file his motion to quash under seal. ENDORSEMENT: Non-Party witness Byrne's application to file his motion to quash under seal is granted. (Signed by Magistrate Judge Henry B. Pitman on 2/8/2017) (cf)
February 8, 2017 Opinion or Order Filing 72 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated 2/8/2017 re: #71 LETTER MOTION for Discovery (Quash Amended Deposition Subpoena) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated February 3, 2017. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ranahan, Erin)
February 8, 2017 Opinion or Order The discovery conference before Magistrate Judge Henry B. Pitman is adjourned to 2/14/2017 at 10:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007. (bh)
February 3, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 2/3/2017. (bh)
February 3, 2017 Opinion or Order Filing 71 LETTER MOTION for Discovery (Quash Amended Deposition Subpoena) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated February 3, 2017. Document filed by David Israelite. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dickstein, Tal)
January 27, 2017 Opinion or Order Filing 70 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated January 26, 2017 re: #68 LETTER MOTION for Conference on Anticpated Motion to Compel addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated January 23, 2017., #69 LETTER MOTION for Conference on Anticipated Motion to Compel (Corrected to Include Exhibit C) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated January 23, 2017. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Ranahan, Erin)
January 24, 2017 Opinion or Order Filing 69 LETTER MOTION for Conference on Anticipated Motion to Compel (Corrected to Include Exhibit C) addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated January 23, 2017. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dickstein, Tal)
January 23, 2017 Opinion or Order Filing 68 LETTER MOTION for Conference on Anticpated Motion to Compel addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated January 23, 2017. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dickstein, Tal)
January 19, 2017 Opinion or Order Filing 67 ORDER granting #66 Letter Motion for Discovery. Plaintiff's motion to quash the subpoena to non-party Davis Israelite (Docket Item 66) is granted. As an initial matter, the subpoena violates Rule 45's "100 mile rule" by purporting to require Israelite, who resides and works in the Washington, D.C. area, to appear for a deposition in New York City. See generally Universitas Educ., LLC v. Nova Grp., Inc., 11 Civ. 1590 (LTS) (HBP), 2013 WL 57892 at *2 (S.D.N.Y. Jan. 13, 2013). Israelite's argument that the subpoena should be quashed because he has no relevant evidence presents a closer question. As the Honorable Gabriel W. Gorenstein, United States Magistrate Judge, has noted: Under Fed.R.Civ.P. 26(b) (1), a party may obtain discovery regarding any non-privileged matter "relevant to the claim or defense of any party." In light of the broad scope of pre-trial discovery, the Second Circuit has held that "an order to vacate a notice of taking [a deposition] is generally regarded as both unusual and unfavorable. "Investment Properties Int'l, Ltd. v.IOS, Ltd., 459 F.2d 705, 708 (2d Cir. 1972) (citation omitted); accord Speadmark, Inc. v. Federated Dep't Stores, Inc., 176 F.R.D. 116, 118 (S.D.N.Y. 1997) (order barring a party from taking a deposition is 11most extraordinary relief") (citations omitted); Naftchi v. New York Univ. Med. Ctr., 172 F.R.D. 130, 132 (S.D.N.Y. 1997) ("it is exceedingly difficult to demonstrate an appropriate basis for an order barring the taking of a deposition") (citation omitted). The party seeking to bar the deposition bears the burden of demonstrating that the proposed deposition would not lead to relevant information. See Speadmark, 176 F.R.D. at 118. Gen. Star Indem. Co. v. Platinum Indem. Ltd., 210 F.R.D. 80, 82 (S.D.N.Y. 2002). However, I cannot ignore defendants' prior efforts to pursue irrelevant lines of discovery. Given Israelite's apparent remoteness from the claims and defenses and the fact that defendants previously attempted to assert third party claims against him on a theory squarely rejected by Judge Ramos, there is a basis to infer that defendants may be seeking to depose Israelite to pursue irrelevant discovery. Accordingly, any renewed subpoena seeking Israelite's deposition in this matter shall be accompanied by a list identifying with reasonable specificity the topics about which defendants seek to question Israelite. (Signed by Magistrate Judge Henry B. Pitman on 1/18/2017) Copies Sent By Chambers (cf)
January 17, 2017 Opinion or Order Filing 66 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery (Quash Deposition Subpoena) addressed to Magistrate Judge Henry B. Pitman from Tal E. Dickstein dated January 17, 2017. Document filed by David Israelite. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dickstein, Tal) Modified on 1/27/2017 (db).
January 17, 2017 Opinion or Order Filing 65 LETTER addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated 1/17/2017 re: response to Plaintiffs' letter filed January 6, 2017 (Dkt. 62), and in further support of certain issues raised by Defendants' December 20, 2016 letter (Dkt. 60). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Ranahan, Erin)
January 10, 2017 Opinion or Order Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 12/20/2016 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...(jwh)
January 10, 2017 Opinion or Order Filing 63 TRANSCRIPT of Proceedings re: Discovery Hearing held on 12/20/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 1/31/2017. Redacted Transcript Deadline set for 2/10/2017. Release of Transcript Restriction set for 4/10/2017.(jwh)
January 6, 2017 Opinion or Order Filing 62 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated January 6, 2017 re: Response to Defendants' Letter Motion for Reconsideration of 12/19/16 Order. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A)(Dickstein, Tal)
December 22, 2016 Opinion or Order Filing 61 ORDER: Plaintiffs' response to defendants' motion for reconsideration of certain aspects of my Order dated December 19 (Docket Item 58) shall be served and filed no later than January 6, 2017. (As further set forth in this Order.) (Responses due by 1/6/2017) (Signed by Magistrate Judge Henry B. Pitman on 12/21/2016) Copies Sent By Chambers. (cf)
December 20, 2016 Opinion or Order Filing 60 LETTER addressed to Magistrate Judge Henry B. Pitman from Erin R. Ranahan dated 12/20/2016 re: response to Plaintiffs' letter dated December 19, 2016 (Dkt. 59), and in further support of certain issues raised in November 18, 2016 (Dkt. 52) and December 5, 2016 letters (Dkt. 54). Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Ranahan, Erin)
December 20, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 12/20/2016. (bh)
December 19, 2016 Opinion or Order Filing 59 LETTER addressed to Magistrate Judge Henry B. Pitman from Barry I. Slotnick dated December 19, 2016 re: Discovery Issues. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Slotnick, Barry)
December 19, 2016 Opinion or Order Filing 58 ORDER: With respect to defendants' application for leave to take more than 10 depositions, counsel shall confer and attempt to agree on the depositions of two artists who reside in the United States and who unquestionably owned the rights to the compositions at the time of the recordings in issue. To the extent defendants seek greater relief, their application is denied. Defendants' application to compel plaintiffs to supplement their responses to Requests for Production 11, 12, 29, 39, 40, 47, 48, 56 and 60 is denied. (As further set forth in this Order.) The deadline for fact discovery is extended to February 28, 2017. (Fact Discovery due by 2/28/2017.) (Signed by Magistrate Judge Henry B. Pitman on 12/19/2016) Copies Sent By Chambers. (cf)
December 14, 2016 Opinion or Order Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 12/7/2016 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...(anc)
December 14, 2016 Opinion or Order Filing 56 TRANSCRIPT of Proceedings re: Discovery Hearing held on 12/7/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 1/4/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/14/2017.(anc)
December 7, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 12/7/2016. (bh)
December 6, 2016 Opinion or Order Filing 55 LETTER addressed to Magistrate Judge Henry B. Pitman from Barry I. Slotnick dated December 6, 2016 re: Discovery Dispute. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Slotnick, Barry)
December 5, 2016 Opinion or Order Filing 54 LETTER REPLY to Response to Motion addressed to Magistrate Judge Henry B. Pitman from Michael S. Elkin dated 12/5/2016 re: #52 LETTER MOTION for Local Rule 37.2 Conference to resolve discovery disputes, addressed to Magistrate Judge Henry B. Pitman from Michael S. Elkin dated 11/18/2016. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Elkin, Michael)
November 23, 2016 Opinion or Order Filing 53 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated November 23, 2016 re: Response to Defendants' Letter dated 11/18/16. Document filed by WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dickstein, Tal)
November 21, 2016 Opinion or Order A discovery conference is set for 12/7/2016 at 2:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
November 18, 2016 Opinion or Order Filing 52 LETTER MOTION for Local Rule 37.2 Conference to resolve discovery disputes, addressed to Magistrate Judge Henry B. Pitman from Michael S. Elkin dated 11/18/2016. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - [Proposed] Revised Civil Case Discovery Plan and Scheduling Order)(Elkin, Michael)
October 23, 2016 Opinion or Order Filing 51 RESCHEDULING NOTICE: The previously scheduled case management conference for October 26, 2016 is hereby rescheduled until March 8, 2017 at 11:30 am in Courtroom 619 before the Hon. Edgardo Ramos, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. Jazmin Rivera, Courtroom Deputy. (Case Management Conference set for 3/8/2017 at 11:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos). (rjm) Modified on 10/24/2016 (jar).
October 6, 2016 Opinion or Order Filing 50 ORDER FOR ADMISSION PRO HAC VICE OF ERIN R. RANAHAN granting #49 Motion for Erin R. Ranahan to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 10/6/2016) (cla)
October 4, 2016 Opinion or Order Filing 49 MOTION for Erin R. Ranahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12832468. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Ranahan, Erin)
October 4, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #49 MOTION for Erin R. Ranahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12832468. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 15, 2016 Opinion or Order Filing 48 REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #46 Letter Motion for Extension of Time to Complete Discovery: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions due by 12/30/2016. Expert depositions due by 2/28/2017. Discovery due by 2/28/2017. The next case management conference is scheduled for October 26, 2016, at 11:00 A.M. NO FURTHER EXTENSIONS EXCEPT FOR GOOD CAUSE SHOWN BY AFFIDAVIT. (Signed by Magistrate Judge Henry B. Pitman on 8/15/2016) (tn)
August 15, 2016 Opinion or Order Set/Reset Deadlines: Deposition due by 2/28/2017. Discovery due by 2/28/2017. (tn)
August 15, 2016 Opinion or Order Set/Reset Hearings: Case Management Conference set for 10/26/2016 at 11:00 AM before Judge Edgardo Ramos. (tn)
August 8, 2016 Opinion or Order Filing 47 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Henry B. Pitman from Michael S. Elkin dated 8/8/2016 re: #46 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated August 4, 2016. . Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
August 4, 2016 Opinion or Order Filing 46 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated August 4, 2016. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A: Proposed Order)(Dickstein, Tal)
May 6, 2016 Opinion or Order Filing 45 INTERNET CITATION NOTE: Material from decision with Internet citation re: #44 Memorandum & Opinion, Add and Terminate Parties. (vf)
May 6, 2016 Opinion or Order Filing 44 OPINION AND ORDER re: #29 MOTION to Dismiss Third-Party Complaint filed by David Israelite. The Court concludes that the press release constitutes a "fair and true" report of judicial proceedings and a substantially accurate rendition of the allegations found in the Publishers' Complaint. The press release is thus protected under Section 74 of the New York Civil Rights Law, and cannot serve as the basis for a defamation claim under New York law. NMPA's motion to dismiss is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 29. It is SO ORDERED. (As further set forth in this Order.) The National Music Publishers' Association. The National Music Publishers' Association, The National Music Publishers' Association, David Israelite and David Israelite terminated. (Signed by Judge Edgardo Ramos on 5/6/2016) (kko)
April 12, 2016 Opinion or Order Filing 43 DECLARATION of Tal E. Dickstein re: #42 Stipulation and Order, . Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Amended Exhibit A to Plaitiffs' Complaint)(Dickstein, Tal)
April 11, 2016 Opinion or Order Filing 42 STIPULATION AND ORDER REGARDING FILING OF AMENDED EXHIBIT A TO PLAINTIFFS' COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and for Defendants, that Amended Exhibit A shall supersede and replace Exhibit A, and shall be deemed filed as of the date of entry of this Stipulation and Order. (Signed by Magistrate Judge Henry B. Pitman on 4/8/2016) (lmb) Modified on 4/11/2016 (lmb).
March 8, 2016 Opinion or Order Filing 41 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Henry B. Pitman on 3/8/2016) (lmb)
February 24, 2016 Opinion or Order Filing 40 LETTER addressed to Magistrate Judge Henry B. Pitman from Tal Dickstein dated February 24, 2016 re: Resolution of Discovery Dispute and Request to Cancel 2/29/16 Conference. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
February 11, 2016 Opinion or Order The discovery hearing is adjourned to 2/29/2016 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
February 9, 2016 Opinion or Order Filing 39 RESPONSE re: #37 Letter,,, - Letter from Michael S. Elkin to Judge Henry Pitman dated February 9, 2016 in response to the letter filed by Plaintiffs/Counterclaim-Defendants and Third-Party Defendants on January 29, 2016 (Dkt. No. 37), requesting a pre-motion conference. Document filed by Bill Graham Archives, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Elkin, Michael)
February 5, 2016 Opinion or Order A discovery hearing regarding plaintiff's February 1, 2016 letter is scheduled for 2/11/2016 at 2:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. Any responses to the letter are due by February 9, 2016. Replies are not favored. (bh)
February 1, 2016 Opinion or Order Filing 38 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Edgardo Ramos on 2/1/2016) (mro)
February 1, 2016 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Hnery B. Pitman. Please note that this is a reassignment of the designation only. (wb)
January 29, 2016 Opinion or Order Filing 37 LETTER addressed to Magistrate Judge Frank Maas from Tal Dickstein dated January 29, 2016 re: Request for Pre-Motion Conference. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dickstein, Tal)
December 17, 2015 Opinion or Order Filing 36 DECLARATION of Tal E. Dickstein in Support re: #29 MOTION to Dismiss Third-Party Complaint.. Document filed by David Israelite, The National Music Publishers' Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Dickstein, Tal)
December 17, 2015 Opinion or Order Filing 35 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss Third-Party Complaint. . Document filed by David Israelite. (Dickstein, Tal)
December 3, 2015 Opinion or Order Filing 34 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss Third-Party Complaint. . Document filed by Bill Graham Archives, LLC. (Elkin, Michael)
November 18, 2015 Opinion or Order Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/22/15 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)
November 18, 2015 Opinion or Order Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/22/2015 before Judge Edgardo Ramos. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly)
November 11, 2015 Opinion or Order Filing 31 DECLARATION of Tal E. Dickstein in Support re: #29 MOTION to Dismiss Third-Party Complaint.. Document filed by David Israelite, The National Music Publishers' Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Slotnick, Barry)
November 11, 2015 Opinion or Order Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss Third-Party Complaint. . Document filed by David Israelite, The National Music Publishers' Association. (Slotnick, Barry)
November 11, 2015 Opinion or Order Filing 29 MOTION to Dismiss Third-Party Complaint. Document filed by David Israelite, The National Music Publishers' Association.(Slotnick, Barry)
November 10, 2015 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Sarah Schacter on behalf of ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, David Israelite, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., The National Music Publishers' Association, WB Music Corp., Warner-Tamerlane Publishing Corp.. (Schacter, Sarah)
October 22, 2015 Opinion or Order ***DELETED DOCUMENT. Deleted Minute Entry for proceedings held before Judge Edgardo Ramos: Final Pretrial Conference held on 10/22/2015. The minute was incorrectly filed in this case. (jar)
October 22, 2015 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 10/22/2015. Plaintiff/Third Party Defendant's counsel present. Defendant/Third Party Plaintiff's counsel present. Third Party Defendant granted leave to file a motion to dismiss the third party complaint with the following corrected briefing schedule: moving papers due November 11, 2015; opposition due December 3, 2015; and reply due December 17, 2015. Counsel are reminded that Memoranda are limited to 25 pages in length. ( Motions due by 11/12/2015. Responses due by 12/3/2015. Replies due by 12/17/2015.) (Court Reporter Mike McDaniel) (jar)
October 15, 2015 Opinion or Order Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/3/15 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)
October 15, 2015 Opinion or Order Filing 26 TRANSCRIPT of Proceedings re: Conference held on 9/3/2015 before Judge Edgardo Ramos. Court Reporter/Transcriber: Vincent Bologna, (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 11/9/2015. Redacted Transcript Deadline set for 11/19/2015. Release of Transcript Restriction set for 1/16/2016.(Siwik, Christine)
October 13, 2015 Opinion or Order Filing 25 ORDER granting #24 LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Barry I. Slotnick dated October 9, 2015. Document filed by Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp. The pre-motion conference is adjourned to October 22, 2015, at 11:45 am. The application is granted. (Pre-Motion Conference set for 10/22/2015 at 11:45 AM before Judge Edgardo Ramos). (Signed by Judge Edgardo Ramos on 10/13/2015) (rjm)
October 9, 2015 Opinion or Order Filing 24 LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Barry I. Slotnick dated October 9, 2015. Document filed by Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
October 8, 2015 Opinion or Order Filing 23 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Michael S. Elkin dated 10/8/2015 re: #21 LETTER MOTION for Conference on Anticipated Motion to Dismiss Thrid-Party Complaint addressed to Judge Edgardo Ramos from Tal Dickstein dated September 21, 2015. . Document filed by Bill Graham Archives, LLC. (Elkin, Michael)
September 22, 2015 Opinion or Order Filing 22 ORDER granting #21 Letter Motion for Conference. A pre-motion conference will be held on Thursday, October 15, 2015 at 12:00 pm. Defendant/Third-party Plaintiff is directed to submit a written respond not longer than 3 pages by 5:00 pm, Thursday, October 8, 2015. (Pre-Motion Conference set for 10/15/2015 at 12:00 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
September 21, 2015 Opinion or Order Filing 21 LETTER MOTION for Conference on Anticipated Motion to Dismiss Thrid-Party Complaint addressed to Judge Edgardo Ramos from Tal Dickstein dated September 21, 2015. Document filed by David Israelite, The National Music Publishers' Association.(Dickstein, Tal)
September 21, 2015 Opinion or Order Filing 19 ANSWER to #12 Counterclaim. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Slotnick, Barry)
September 3, 2015 Opinion or Order Filing 20 CIVIL CASE DISCOVERY AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 2/12/2016. Joinder of Parties due by 12/15/2015. Deposition due by 10/21/2016. All Discovery due by 10/21/2016. The Magistrate Judge assigned to this case is the Han. Frank Maas. Case Management Conference set for 10/26/2016 at 11:00 AM before Judge Edgardo Ramos. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/03/2015) (ama) Modified on 9/28/2015 (ama).
September 3, 2015 Opinion or Order Filing 18 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
September 3, 2015 Opinion or Order Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 9/3/2015. Plaintiffs' counsel present. Defendants' counsel present. Parties are directed to submit a joint case management plan by 5:00 pm, Friday, September 4, 2015. The Court will enter an order of reference to U.S. Magistrate Judge Maas for general pretrial purposes. A case management conference is scheduled for October 26, 2016 at 11:00 am. ( Case Management Conference set for 10/26/2016 at 11:00 AM before Judge Edgardo Ramos.). (Court Reporter Vincent Bologna) (jar)
August 21, 2015 Opinion or Order Filing 17 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the above-named Plaintiffs/Counterclaim-Defendants and Third-Party Defendants, and the undersigned counsel for the above-named Defendants/Counterclaim-Plaintiffs and Third- Party Plaintiffs, that the Counterclaim Defendants' time within which to answer or otherwise respond to the First and Second Counterclaims, and the Third-Party Defendants' time within which to answer or otherwise respond to the First Third-Party Cause of Action, is hereby extended to and including September 21,2015. SO ORDERED. ABKCO Music, Inc. answer due 9/21/2015; Colgems-EMI Music Inc. answer due 9/21/2015; EMI Algee Music Corp. answer due 9/21/2015; EMI April Music Inc. answer due 9/21/2015; EMI Blackwood Music Inc. answer due 9/21/2015; EMI Consortium Music Publishing, Inc. answer due 9/21/2015; EMI Consortium Songs, Inc. answer due 9/21/2015; EMI Feist Catalog Inc. answer due 9/21/2015; EMI Robbins Catalog Inc. answer due 9/21/2015; EMI Unart Catalog, Inc. answer due 9/21/2015; Imagem Music LLC answer due 9/21/2015; David Israelite answer due 9/21/2015; Jobete Music Co., Inc. answer due 9/21/2015; PSO Limted answer due 9/21/2015; Peer International Corporation answer due 9/21/2015; Peermusic III, Ltd. answer due 9/21/2015; Peermusic Ltd. answer due 9/21/2015; Screen-Gems-Emi Music Inc. answer due 9/21/2015; Songs of Peer, Ltd. answer due 9/21/2015; Spirit Catalog Holdings S.A.R.L. answer due 9/21/2015; Spirit Two Music, Inc. answer due 9/21/2015; Stone Agate Music answer due 9/21/2015; Stone Diamond Music Corp. answer due 9/21/2015; The National Music Publishers' Association answer due 9/21/2015; WB Music Corp. answer due 9/21/2015; Warner-Tamerlane Publishing Corp. answer due 9/21/2015. (Signed by Judge Edgardo Ramos on 8/21/2015) (ama)
August 14, 2015 Opinion or Order Filing 16 SUMMONS RETURNED EXECUTED Summons and Amended Answer to Complaints, Third Party Complaint, Counterclaim,,,,,,,,, served. David Israelite served on 8/7/2015, answer due 8/28/2015. Service was accepted by David Israelite, Personally. Document filed by Bill Graham Archives, LLC; Norton LLC; William Sagan. (Elkin, Michael)
August 14, 2015 Opinion or Order Filing 15 SUMMONS RETURNED EXECUTED Summons and Amended Answer to Complaints, Third Party Complaint, Counterclaim,,,,,,,,, served. The National Music Publishers' Association served on 8/6/2015, answer due 8/27/2015. Service was accepted by Danielle Aguirre, General Counsel. Document filed by Bill Graham Archives, LLC; Norton LLC; William Sagan. (Elkin, Michael)
August 5, 2015 Opinion or Order Filing 14 ELECTRONIC SUMMONS ISSUED as to The National Music Publishers' Association. (moh)
August 5, 2015 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to David Israelite. (moh)
August 4, 2015 Opinion or Order Filing 12 AMENDED ANSWER to #1 Complaint,, with JURY DEMAND., THIRD PARTY COMPLAINT against David Israelite, The National Music Publishers' Association., COUNTERCLAIM against ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp.. Document filed by William Sagan, Bill Graham Archives, LLC, Norton LLC. (Elkin, Michael)
August 4, 2015 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Elkin to RE-FILE Document No. #9 Amended Answer to Complaints, Third Party Complaint, Counterclaim. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected. Re-file the pleading using the event type Third Party Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
August 3, 2015 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to David Israelite, re: #9 Amended Answer to Complaints, Third Party Complaint, Counterclaim,,,. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
August 3, 2015 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to The National Music Publishers' Association, re: #9 Amended Answer to Complaints, Third Party Complaint, Counterclaim,,,. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan. (Elkin, Michael)
August 3, 2015 Opinion or Order Filing 9 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - - AMENDED ANSWER to #1 Complaint,, with JURY DEMAND., THIRD PARTY COMPLAINT against David Israelite, The National Music Publishers' Association., COUNTERCLAIM against All Plaintiffs. Document filed by William Sagan, Norton LLC, Bill Graham Archives, LLC. (Elkin, Michael) Modified on 8/4/2015 (moh).
July 31, 2015 Opinion or Order Filing 8 NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 9/3/2015 at 10:20 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (kko)
July 13, 2015 Opinion or Order Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Norton LLC for Bill Graham Archives, LLC. Document filed by Bill Graham Archives, LLC, Norton LLC.(Elkin, Michael)
July 13, 2015 Opinion or Order Filing 6 ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Bill Graham Archives, LLC, Norton LLC, William Sagan.(Elkin, Michael)
June 26, 2015 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sony Corporation for Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Jobete Music Co., Inc., Screen-Gems-Emi Music Inc., Stone Agate Music, Stone Diamond Music Corp.; Corporate Parent Warner Music Group Corp. for WB Music Corp., Warner-Tamerlane Publishing Corp.; Corporate Parent Peermusic III, Ltd. for PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Songs of Peer, Ltd.; Corporate Parent Spirt Music Holdings, LLC (Anguilla) for Spirit Catalog Holdings S.A.R.L.; Corporate Parent Spirit Music Group, Inc. for Spirit Two Music, Inc.; Corporate Parent Imagen C.V. for Imagem Music LLC; Corporate Parent ABKCO Music, Inc. for ABKCO Music, Inc.. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., Norton LLC, PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal)
June 26, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Tal Efriam Dickstein to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement,,,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
June 25, 2015 Opinion or Order Filing 4 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ABKCO Music, Inc., Colgems-EMI Music Inc., EMI Algee Music Corp., EMI April Music Inc., EMI Blackwood Music Inc., EMI Consortium Music Publishing, Inc., EMI Consortium Songs, Inc., EMI Feist Catalog Inc., EMI Robbins Catalog Inc., EMI Unart Catalog, Inc., Imagem Music LLC, Jobete Music Co., Inc., PSO Limted, Peer International Corporation, Peermusic III, Ltd., Peermusic Ltd., Screen-Gems-Emi Music Inc., Songs of Peer, Ltd., Spirit Catalog Holdings S.A.R.L., Spirit Two Music, Inc., Stone Agate Music, Stone Diamond Music Corp., WB Music Corp., Warner-Tamerlane Publishing Corp..(Dickstein, Tal) Modified on 6/26/2015 (lb).
June 24, 2015 Opinion or Order Filing 3 STIPULATION AND ORDER: IT IS FURTHER STIPULATED AND AGREED that Defendants' time within which to answer or otherwise respond to the Complaint is hereby extended to and including July 13, 2015. SO ORDERED. Bill Graham Archives, LLC answer due 7/13/2015; Norton LLC answer due 7/13/2015; William Sagan answer due 7/13/2015. (Signed by Judge Edgardo Ramos on 6/24/2015) (ama) Modified on 6/25/2015 (ama).
May 27, 2015 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (rdz) (rdz).
May 27, 2015 Opinion or Order Filing 1 COMPLAINT against Bill Graham Archives, LLC, Norton LLC, William Sagan. (Filing Fee $ 350.00, Receipt Number 46540126177)Document filed by EMI Robbins Catalog Inc., Songs of Peer, Ltd., EMI Consortium Music Publishing, Inc., Imagem Music LLC, Warner-Tamerlane Publishing Corp., EMI Consortium Songs, Inc., PSO Limted, EMI Blackwood Music Inc., ABKCO Music, Inc., WB Music Corp., EMI April Music Inc., Peermusic Ltd., Peer International Corporation, EMI Unart Catalog, Inc., Spirit Catalog Holdings S.A.R.L., EMI Algee Music Corp., Screen-Gems-Emi Music Inc., Spirit Two Music, Inc., Stone Diamond Music Corp., Peermusic III, Ltd., Stone Agate Music, EMI Feist Catalog Inc., Colgems-EMI Music Inc., Jobete Music Co., Inc..(rdz)
May 27, 2015 Opinion or Order SUMMONS ISSUED as to Bill Graham Archives, LLC, Norton LLC, William Sagan. (rdz)
May 27, 2015 Opinion or Order Case Designated ECF. (rdz)
May 27, 2015 Opinion or Order Magistrate Judge Frank Maas is so designated. (rdz)

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Search for this case: ABKCO Music, Inc. et al v. Sagan et al
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Plaintiff: Imagem Music LLC
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Robbins Catalog Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Unart Catalog, Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI April Music Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Songs of Peer, Ltd.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
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Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Blackwood Music Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Algee Music Corp.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Consortium Songs, Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Peermusic III, Ltd.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Colgems-EMI Music Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Stone Agate Music
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Peermusic Ltd.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Spirit Catalog Holdings S.A.R.L.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Feist Catalog Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Stone Diamond Music Corp.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: EMI Consortium Music Publishing, Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Peer International Corporation
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: ABKCO Music, Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Jobete Music Co., Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: WB Music Corp.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Spirit Two Music, Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: PSO Limted
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Warner-Tamerlane Publishing Corp.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Plaintiff: Screen-Gems-Emi Music Inc.
Represented By: Tal Efriam Dickstein
Represented By: Christian D Carbone
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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3rd party plaintiff: Bill Graham Archives, LLC
Represented By: Michael S. Elkin
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3rd party plaintiff: Norton LLC
Represented By: Michael S. Elkin
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3rd party plaintiff: William Sagan
Represented By: Michael S. Elkin
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3rd party defendant: David Israelite
Represented By: Tal Efriam Dickstein
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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3rd party defendant: The National Music Publishers' Association
Represented By: Tal Efriam Dickstein
Represented By: Sarah Schacter
Represented By: Barry Isaac Slotnick
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Petitioner: Keith Richards
Represented By: Matthew H. Giger
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Not yet classified: David Byrne
Represented By: Victor Charles Bushell
Represented By: Cem Ozer
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