Griffin et al v. Sheeran et al
| Helen McDonald, Cherrigale Townsend, Kathryn Griffin Townsend, Kathryn Townsend Griffin, The Estate of Cherrigale Townsend and The Helen Christine Townsend McDonald Trust, dated March 14, 2008 |
| Atlantic Recording Corporation, Warner Music Group Corporation, d/b/a Asylum Records, Edward Christopher Sheeran, Atlantic Recording Corporation doing business as Atlantic Records and Warner Music Group Corporation doing business as Asylum Records |
| Sony/ATV Music Publishing, LLC |
| Structured Asset Sales, LLC |
| 1:2017cv05221 |
| July 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Louis L Stanton |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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Filing 296
NOTICE OF APPEAL from #277 Judgment, #192 Order on Motion in Limine,,,,,,,,,,, #163 Pretrial Order,,, #243 Order on Motion in Limine,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #138 Order on Motion in Limine,,,,, #121 Memorandum & Opinion,,,,. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend, The Helen Christine Townsend McDonald Trust, dated March 14, 2008. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Frank, Patrick)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #296 Notice of Appeal,, filed by Helen McDonald, The Estate of Cherrigale Townsend, Kathryn Townsend Griffin, The Helen Christine Townsend McDonald Trust, dated March 14, 2008 were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #296 Notice of Appeal. (tp)
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Appeal Fee Paid electronically via Pay.gov: for #296 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-27818661, paid on 6/1/2023. (tp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Patrick Frank to RE-FILE Document No. #295 Amended Notice of Appeal. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - Do Not Pay the Appeal Fee Again. (tp)
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Filing 295
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST AMENDED NOTICE OF APPEAL re: #294 Notice of Appeal,, #277 Judgment. Document filed by Kathryn Townsend Griffin, Helen McDonald, Structured Asset Sales, LLC, The Estate of Cherrigale Townsend, The Helen Christine Townsend McDonald Trust, dated March 14, 2008..(Frank, Patrick) Modified on 6/2/2023 (tp).
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Filing 294
FILING ERROR - WRONG FILER SELECTED - NOTICE OF APPEAL from #277 Judgment, #192 Order on Motion in Limine,,,,,,,,,,, #163 Pretrial Order,,, #243 Order on Motion in Limine,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #138 Order on Motion in Limine,,,,, #121 Memorandum & Opinion,,,,. Document filed by Kathryn Townsend Griffin. Filing fee $ 505.00, receipt number ANYSDC-27818661. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Frank, Patrick) Modified on 6/1/2023 (tp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Patrick Frank to RE-FILE Document No. #294 Notice of Appeal. The filing is deficient for the following reason(s): not all filer/filers mentioned were selected for the appeal (PDF states plainitffs). Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - Do Not Pay the Appeal Fee Again. (tp)
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Filing 293
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/4/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 292
TRANSCRIPT of Proceedings re: TRIAL held on 5/4/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Raquel Robles, (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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 291
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/3/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 290
TRANSCRIPT of Proceedings re: TRIAL held on 5/3/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Khristine Sellin, (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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 289
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/2/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 288
TRANSCRIPT of Proceedings re: TRIAL held on 5/2/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Raquel Robles, (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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 287
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/1/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 286
TRANSCRIPT of Proceedings re: TRIAL held on 5/1/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Raquel Robles, (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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 285
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 284
TRANSCRIPT of Proceedings re: TRIAL held on 4/27/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Lisa Picciano Franko, (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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 283
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/26/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 282
TRANSCRIPT of Proceedings re: TRIAL held on 4/26/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 281
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/25/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 280
TRANSCRIPT of Proceedings re: TRIAL held on 4/25/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 279
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/24/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 278
TRANSCRIPT of Proceedings re: TRIAL held on 4/24/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023..(McGuirk, Kelly)
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Filing 277
JUDGMENT: that the Complaint be and it is hereby dismissed. The renewed Rule 50 motion for judgment as a matter of law is denied as moot. (Signed by Judge Louis L. Stanton on 5/5/2023) (Attachments: #1 Notice of Right to Appeal) (ml)
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Filing 276
JURY VERDICT..(ml)
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Filing 275
***SELECTED PARTIES*** Court Exhibit #6, Jury Note #6. (ml)
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Filing 274
***SELECTED PARTIES*** Court Exhibit #5, Jury Note #5. (ml)
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Filing 273
***SELECTED PARTIES*** Court Exhibit #4, Jury Note #4. (ml)
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Filing 272
***SELECTED PARTIES*** Court Exhibit #3, Jury Note #3 and Response. (ml)
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Filing 271
***SELECTED PARTIES*** Court Exhibit #2, Jury Note #2. (ml)
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Filing 270
***SELECTED PARTIES*** Court Exhibit #1, Jury Note #1. (ml)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Jury Trial completed on 5/4/2023. (Court Reporter Raquel Robles) (ml)
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Filing 269
MEMORANDUM OF LAW in Support re: #268 SECOND MOTION for Judgment as a Matter of Law . . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 268
SECOND MOTION for Judgment as a Matter of Law . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Jury Trial held on 5/3/2023. (Court Reporter Raquel Robles/Khris Sellins) (ml)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Jury Trial held on 5/2/2023. (Court Reporter Raquel Robles/Khris Sellins) (ml)
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Filing 267
NOTICE of Defendants' Objections to Plaintiffs' Proposed Special Verdict Form for the Liability of Phase of Trial. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 266
NOTICE of Defendants' Amended Proposed Special Verdict Form for Liability Phase of Trial. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 265
PROPOSED JURY INSTRUCTIONS. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit A - Revised Proposed Jury Instructions (Redline Copy), #2 Exhibit B - Revised Proposed Jury Instructions (Clean Copy)).(Goldsmith, Andrew)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Jury Trial held on 5/1/2023. (Court Reporter Raquel Robles/Khris Sellins) (ml)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Jury Trial held on 4/27/2023. (Court Reporter Lisa Picciano Fellis) (ml)
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Filing 264
MOTION for Judgment . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 263
MOTION for Judgment as a Matter of Law . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Jury Trial held on 4/26/2023. (Court Reporter Kelly Surina/Lisa Picciano Fellis) (ml)
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Filing 262
NOTICE of Notice of Filing Email. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend..(Crump, Benjamin)
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Filing 261
NOTICE OF APPEARANCE by Benjamin Crump on behalf of Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend..(Crump, Benjamin)
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Filing 260
NOTICE of Notice of Objection to Question One of Proposed Damages Jury Verdict Form (Doc. 201) re: #201 Request to Charge,. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 259
REPLY to Response to Motion re: #256 FIFTH MOTION in Limine Regarding Musicologist Slides. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 258
DECLARATION of Donald S. Zakarin in Opposition re: #256 FIFTH MOTION in Limine Regarding Musicologist Slides.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit A - October 2020 Email & Attachment(s), #2 Exhibit B - March 9, 2023 Email & Attachment(s), #3 Exhibit C - March 13, 2023 Email & Attachment(s), #4 Exhibit D - March 14, 2023 Email & Attachment(s), #5 Exhibit E - March 15, 2023 Email).(Goldsmith, Andrew)
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Filing 257
MEMORANDUM OF LAW in Opposition re: #256 FIFTH MOTION in Limine Regarding Musicologist Slides. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 256
FIFTH MOTION in Limine Regarding Musicologist Slides. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit Slides 13-16, #2 Exhibit Slides 19-21, #3 Exhibit Slide 22, #4 Exhibit Slide 40, #5 Exhibit Slides 48-50, #6 Exhibit Slide 51).(Frank, Patrick)
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Filing 255
NOTICE of Notice of Plaintiffs' Fifth Motion in Limine. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 254
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/31/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 253
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/31/2023 before Judge Louis L. Stanton. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2023. Redacted Transcript Deadline set for 5/19/2023. Release of Transcript Restriction set for 7/17/2023..(McGuirk, Kelly)
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Filing 252
LETTER MOTION for Conference On Immediate Basis regarding Plaintiffs' Proposed Musicological Demonstratives That Repeatedly Reference the Bass Line and Drum Patterns in the LGO Sound Recording -- Which The Court Already Has Ruled Do Not Appear In The Deposit Copy -- In Violation Of Multiple Prior Orders of this Court addressed to Judge Louis L. Stanton from Donald S. Zakarin dated April 18, 2023. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit A - Slides that Reference the Bass Line and/or Drum Pattern in the LGO Sound Recording, #2 Exhibit B - Slides That Dispute the Court's Legal Ruling on the Deposit Copy).(Goldsmith, Andrew)
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Filing 251
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated April 17, 2023 re: Opposition to Plaintiffs' Letter-Application to "Bifurcate" Closings. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 250
FIRST LETTER MOTION for Conference Regarding Request for Leave to Bifurcate Closing Arguments addressed to Judge Louis L. Stanton from Patrick R. Frank dated April 15, 2023. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 249
REQUEST TO CHARGE. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 248
PROPOSED JURY INSTRUCTIONS. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 247
NOTICE of Notice of Filing Amended Subpoena for Defendant, Edward Christopher Sheeran. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit Amended Subpoena to Defendant, Edward Christopher Sheeran).(Frank, Patrick)
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Filing 246
NOTICE of Notice of Filing Trial Subpoena for Defendant, Edward Christopher Sheeran. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 245
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated April 6, 2023 re: Plaintiffs' Application for Sequestration. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 244
NOTICE of Plaintiff's Request for Sequestration of Witnesses During Trial. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 243
PRETRIAL ORDER NO. 6 granting in part and denying in part #207 Motion in Limine; denying without prejudice to renewal by formal motion #210 Motion in Limine; denying without prejudice to renewal by formal motion #216 Motion in Limine; denying without prejudice to renewal by formal motion #218 Motion in Limine; denying without prejudice to renewal by formal motion #221 Motion in Limine; denying without prejudice to renewal by formal motion #228 Motion to Strike document #207 EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders. filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation, #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues. filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation, #216 SECOND MOTION in Limine . filed by Kathryn Townsend Griffin, #218 THIRD MOTION in Limine . filed by Kathryn Townsend Griffin, #221 FOURTH MOTION in Limine . filed by Kathryn Townsend Griffin, #228 MOTION to Strike Document No. [225, 226] Pretrial Declaration of Dr. Stewart. filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation from the record.In preparation for trial, Plaintiffs and Defendants each sought in limine relief as to the following issues: As further set forth by this Order. For the reasons stated on the record at the conference on March 31, 2023, Plaintiffs' Second, Third, and Fourth Motions in Limine and Defendants' Ninth Motion in Limine are denied at this time, with leave to renew them at trial. 13. The Court's prior Orders, including the March 24, 2020 Order and the August 18, 2020 Order, limit the testimony of Dr. Stewart and are expected to be strictly followed. They forbid testimony of the similarity of TOL to the LGO sound recording, bassline, or drum patterns, which might confuse the jury about what is protected by the copyright. 14. Defendants' Eighth Motion in Limine is denied in part and granted in part. Plaintiffs may rely on the E flat major key in their selection and arrangement argument. That is not a new legal theory and relying on the key does not pose any insuperable surprise or prejudice to defendants. Plaintiff's proposed Exhibit 128 is excluded under Evidence Rule 403, with leave to offer relevant portions that are not hearsay. The remainder of defendants' requests, those connected to the drum pattern and bassline, are denied with leave to renew at trial. So Ordered. (Signed by Judge Louis L. Stanton on 4/5/2023) (tg)
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Filing 242
REPLY MEMORANDUM OF LAW in Support re: #207 EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Final Pretrial Conference held on 3/31/2023. (Court Reporter Kristen Carannante) (ml)
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Filing 241
MEMO ENDORSEMENT on re: #193 LETTER MOTION to Seal: Until there is an adverse verdict on liability defendant is not required to produce an accounting of his earnings. These filings may remain under seal. So ordered. (Signed by Judge Louis L. Stanton on 3/30/2023) (ml)
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Filing 240
DECLARATION of Donald S. Zakarin in Support re: #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit D - Sheeran's Responses & Objections to Plaintiffs' Discovery Requests).(Goldsmith, Andrew)
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Filing 239
REPLY MEMORANDUM OF LAW in Support re: #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 238
DECLARATION of Patrick Ryan Frank in Opposition re: #207 EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders.. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit Alexander Stewart Rule 26 Report, #2 Exhibit Ed Sheeran Deposition Excerpt).(Frank, Patrick)
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Filing 237
FIRST MEMORANDUM OF LAW in Opposition re: #207 EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 236
DECLARATION of Patrick Ryan Frank in Opposition re: #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues.. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit Sheeran First Request for Production).(Frank, Patrick)
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Filing 235
FIRST MEMORANDUM OF LAW in Opposition re: #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 234
FIRST LETTER addressed to Judge Louis L. Stanton from Patrick Ryan Frank dated March 25, 2023 re: Permission to Bring Technology into Courtroom for Trial. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 233
NOTICE of Notice of Filing Defendants' Proposed Trial Exhibit 205 re: #222 Memorandum of Law in Support of Motion. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit 205).(Frank, Patrick)
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Filing 232
NOTICE of Notice of Filing Defendants' Proposed Trial Exhibits 302 and 303 re: #220 Memorandum of Law in Support of Motion. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit 302, #2 Exhibit 303).(Frank, Patrick)
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Filing 231
MEMORANDUM OF LAW in Opposition re: #218 THIRD MOTION in Limine ., #216 SECOND MOTION in Limine ., #221 FOURTH MOTION in Limine . . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 230
DECLARATION of Donald S. Zakarin in Opposition re: #218 THIRD MOTION in Limine ., #216 SECOND MOTION in Limine ., #221 FOURTH MOTION in Limine .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - Sheeran Declaration from September 2018, #2 Exhibit 2 - Sheeran Deposition Excerpts, #3 Exhibit 3 - Defendants' Exhibit 302, #4 Exhibit 4 - Defendants' Exhibit 303, #5 Exhibit 5 - Defendants' Exhibit 205).(Goldsmith, Andrew)
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Filing 229
MOTION Permission To Bring To Court During Trial Mobile Phones, Laptops & Certain Other Technology . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 228
MOTION to Strike Document No. [225, 226] Pretrial Declaration of Dr. Stewart. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 227
NOTICE of Notice of Filing Curriculum Vitae. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 226
NOTICE of Amended Declaration of Alexander Stewart. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 225
NOTICE of Declaration of Alexander Stewart. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 224
MOTION for Sanctions For Plaintiffs' Repeated Failure to Comply with Court Deadlines and this Court's Prior Orders and To Preclude Plaintiffs from Belatedly Filing Proposed Jury Instructions, Proposed Special Verdict Forms and A Pretrial Expert Declaration. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 223
PRETRIAL MEMORANDUM. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 222
FIRST MEMORANDUM OF LAW in Support re: #221 FOURTH MOTION in Limine . . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 221
FOURTH MOTION in Limine . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 220
FIRST MEMORANDUM OF LAW in Support re: #218 THIRD MOTION in Limine . . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 219
FIRST MEMORANDUM OF LAW in Support re: #216 SECOND MOTION in Limine . . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 218
THIRD MOTION in Limine . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 217
FIRST MEMORANDUM OF LAW in Support re: #216 SECOND MOTION in Limine . . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 216
SECOND MOTION in Limine . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 215
PROPOSED VOIR DIRE QUESTIONS. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 214
PROPOSED VOIR DIRE QUESTIONS. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 213
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated March 15, 2023 re: Courtesy Copies of Pretrial Filings. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 212
MEMORANDUM OF LAW in Support re: #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 211
DECLARATION of Donald S. Zakarin in Support re: #210 NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit A - Plaintiffs' Complaint, #2 Exhibit B - Joint Trial Exhibit No. 8, #3 Exhibit C - July 24, 2020 Order).(Goldsmith, Andrew)
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Filing 210
NINTH MOTION in Limine To Preclude Argument, Testimony or "Evidence" regarding Concert Revenues. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 209
MEMORANDUM OF LAW in Support re: #207 EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 208
DECLARATION of Donald S. Zakarin in Support re: #207 EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - Liability Pretrial Order, #2 Exhibit 2 - Plaintiffs' Proposed Exhibit No. 103, #3 Exhibit 3 - Plaintiffs' Proposed Exhibit No. 108, #4 Exhibit 4- Plaintiffs' Proposed Exhibit 128, #5 Exhibit 5 - Excerpts of Dr. Stewart's Deposition).(Goldsmith, Andrew)
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Filing 207
EIGHTH MOTION in Limine Regarding The Key Signature of Let's Get It On And Various Objectionable "Evidenced" Cited By Plaintiffs In The Pretrial Orders. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 206
PRETRIAL STATEMENT of Barry Massarsky (Redacted for Public Filing). Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 205
***SELECTED PARTIES*** PRETRIAL STATEMENT of Barry Massarsky. Document filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation, Kathryn Townsend Griffin, The Estate of Cherrigale Townsend, The Helen Christine Townsend McDonald Trust, dated March 14, 2008.Motion or Order to File Under Seal: #193 .(Goldsmith, Andrew)
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Filing 204
PRETRIAL STATEMENT of Dr. Lawrence Ferrara. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Dr. Ferrara CV, #2 Exhibit Structural Chart, #3 Exhibit Graphical Examples of LGO and TOL, #4 Exhibit Graphical Examples of Selected Prior Art Songs, #5 Exhibit Melody Demonstrative).(Goldsmith, Andrew)
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Filing 203
TRIAL BRIEF . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 202
REQUEST TO CHARGE. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 201
***SELECTED PARTIES***REQUEST TO CHARGE. Document filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation, Kathryn Townsend Griffin, The Estate of Cherrigale Townsend, The Helen Christine Townsend McDonald Trust, dated March 14, 2008.Motion or Order to File Under Seal: #193 .(Goldsmith, Andrew)
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Filing 200
REQUEST TO CHARGE. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 199
PROPOSED JURY INSTRUCTIONS. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 198
PROPOSED JURY INSTRUCTIONS. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 197
PROPOSED VOIR DIRE QUESTIONS. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 196
JOINT FINAL TRIAL REPORT. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 195
***SELECTED PARTIES***JOINT FINAL TRIAL REPORT. Document filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation, Kathryn Townsend Griffin, The Estate of Cherrigale Townsend, The Helen Christine Townsend McDonald Trust, dated March 14, 2008.Motion or Order to File Under Seal: #193 .(Goldsmith, Andrew)
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Filing 194
JOINT FINAL TRIAL REPORT. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 193
LETTER MOTION to Seal /Redact Confidential Financial Information Set Forth In (1) The Damages Pretrial Order; (2) Defendants' Proposed Damages Special Verdict Form; and (3) The Pretrial Declaration of Barry Massarsky addressed to Judge Louis L. Stanton from Donald S. Zakarin dated March 15, 2023. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 192
PRETRIAL ORDER NO. 5 denying with leave to renew at trial #180 Motion in Limine; granting #186 Motion in Limine. On consideration of the parties' submissions with respect to the defendants' Fourth, Sixth, and Seventh Motions in limine, and good cause appearing, the following in limine rules are made: Defendants' Fourth motion in limine, for exclusion of evidence or argument relating to (a) the Spin and Billboard articles, and (b) the Let's Get It On (Deluxe) Album Liner notes, and of those items themselves, is meritorious, unopposed, and granted. Defendants' Sixth motion in limine, for exclusion of evidence of performance of medleys or "mashups" of Let's Get It On with Thinking Out Loud, is denied with leave to renew it at trial, when the Court can evaluate the other evidence and the considerations expressed in Fed. R. Evidence 403. Defendants' Seventh motion in limine, for exclusion from evidence plaintiffs' proposed performance(s) of the Let's Get It On Deposit Copy, is granted. Omissions, additions and errors in the creations of Exhibits 01 and 02 render them unreliable and inadmissible as evidence of true performances of the Let's Get It On Deposit Copy. So Ordered. (Signed by Judge Louis L. Stanton on 3/10/2023) (vfr)
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Filing 191
REPLY MEMORANDUM OF LAW in Opposition re: #186 SEVENTH MOTION in Limine To Preclude Plaintiffs' Proposed Performance of the Let's Get It On Deposit Copy. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 190
REPLY MEMORANDUM OF LAW in Support re: #180 SIXTH MOTION in Limine "Mash-up"/Medley Evidence. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 189
MEMORANDUM OF LAW in Support re: #186 SEVENTH MOTION in Limine To Preclude Plaintiffs' Proposed Performance of the Let's Get It On Deposit Copy. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 188
DECLARATION of Donald S. Zakarin in Support re: #186 SEVENTH MOTION in Limine To Preclude Plaintiffs' Proposed Performance of the Let's Get It On Deposit Copy.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Audio Exhibit 1 (Placeholder), #2 Exhibit Audio Exhibit 2 (Placeholder), #3 Exhibit Audio Exhibit 3 (Placeholder), #4 Exhibit Audio Exhibit 4 (Placeholder), #5 Exhibit Audio Exhibit 5 (Placeholder)).(Goldsmith, Andrew)
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Filing 187
DECLARATION of Lawrence Ferrara, Ph.D in Support re: #186 SEVENTH MOTION in Limine To Preclude Plaintiffs' Proposed Performance of the Let's Get It On Deposit Copy.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - CV of Dr. Lawrence Ferrara).(Goldsmith, Andrew)
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Filing 186
SEVENTH MOTION in Limine To Preclude Plaintiffs' Proposed Performance of the Let's Get It On Deposit Copy. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 185
RESPONSE in Opposition to Motion re: #180 SIXTH MOTION in Limine "Mash-up"/Medley Evidence. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 184
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated February 23, 2023 re: Request to Grant Defendants' Sixth Motion In Limine (ECF 180-181) As Unopposed. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 183
NOTICE OF APPEARANCE by Brian Maida on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Maida, Brian)
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Filing 182
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated February 7, 2023 re: Defendants' Fourth Motion In Limine (ECF 147-149). Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 181
MEMORANDUM OF LAW in Support re: #180 SIXTH MOTION in Limine "Mash-up"/Medley Evidence. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 180
SIXTH MOTION in Limine "Mash-up"/Medley Evidence. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Set/Reset Hearings: Final Pretrial Conference set for 3/31/2023 at 10:00 AM is adjourned to 3/31/23 at 12:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml)
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Filing 179
JOINT STIPULATION & SCHEDULING ORDER: A final Pre-Trial Conference shall be held on March 31, 2023 at 10 :00 a.m. Jury selection will begin on Monday, April 24, 2023. In the event the jury finds in favor of Plaintiffs on liability,a jury trial (with the same jury), as to damages, will begin the following business day. On or before March 15, 2023, the Parties shall file a Joint Pre-Trial Order in the form prescribed in this Court's standing Orders and further set forth in this Order. So Ordered. ( Pretrial Order due by 3/15/2023., Final Pretrial Conference set for 3/31/2023 at 10:00 AM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 10/27/2022) (rro)
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Filing 178
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated October 26, 2022 re: Proposed Joint Stipulation & Scheduling Order. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Text of Proposed Order Proposed Joint Stipulation & Scheduling Order).(Goldsmith, Andrew)
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Filing 177
ORDER granting #175 Letter Motion to Continue; granting #176 Letter Motion to Continue. In light of Plaintiffs' request for an extension, the conference scheduled for Friday, October 7, 2022 is adjourned. The parties are directed to submit by October 26, 2022 a Proposed Joint Stipulation and Scheduling Order for the filing of the consolidated pre-trial order and other pre-trial materials in compliance with Local Rule 3.A. The proposed order should include a proposed date for the Final Pre-Trial Conference and for the start of trial. (Signed by Judge Louis L. Stanton on 10/5/2022) (rro)
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Filing 176
AMENDED LETTER MOTION to Continue addressed to Judge Louis L. Stanton from Patrick R. Frank dated October 4, 2022. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 175
LETTER MOTION to Continue addressed to Judge Louis L. Stanton from Patrick R. Frank dated September 30, 2022. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 174
ORDER: The trial of this action having been deferred in response to the COVID-19 pandemic and that pandemic coming towards a close, the parties are ordered to appear for a status conference on Friday October 7, 2022 at 2:30PM to set a trial date and to set the schedule for the submission of the joint pre-trial order, voir dire questions, proposed jury charges, trial briefs and proposed verdict forms. Status Conference set for 10/7/2022 at 02:30 PM before Judge Louis L. Stanton. (Signed by Judge Louis L. Stanton on 9/29/2022) (rro)
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Filing 173
MEMO ENDORSEMENT denying #155 Motion in Limine. ENDORSEMENT: In view of the fact that between now and whatever trial date is set for this litigation there is ample time for the taking of Mr. Camp's deposition, this application is denied. (Signed by Judge Louis L. Stanton on 8/26/2021) (rro)
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Filing 172
ORDER ON MOTION TO APPEAR PRO HAC VICE granting #171 Motion for Ben Crump to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 12/23/2020) (rro)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #171 AMENDED MOTION for Ben Crump to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 171
AMENDED MOTION for Ben Crump to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Frank, Patrick)
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Filing 170
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ben Crump in Support re: #169 MOTION for Ben Crump to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22336526. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Text of Proposed Order order on motion to appear pro hac vice).(Frank, Patrick) Modified on 10/27/2020 (bcu).
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Filing 169
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ben Crump to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22336526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathryn Townsend Griffin..(Frank, Patrick) Modified on 10/27/2020 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #169 MOTION for Ben Crump to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22336526. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida. We do not accept certificates from a state bar registrar from this state.; missing Proposed Order; All accompany documents must be attached to the motion and not filed separately. Attorney Affidavit/Declaration missing per local rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 168
ORDER: On counsels' submissions of October 2 and 14, 2020, the trial of this action is deferred until next spring. At present there is no prospect of certainty that the trial will go forward as scheduled. On the contrary, the number of courtrooms renovated for trials is small, criminal cases have priority, and trial-ready civil cases are fed in to gaps left by unexpected pleas. On the other hand, it seems reasonable to expect that conditions will have improved by next spring. At plaintiffs' request, the deadlines in the present pre-trial order are vacated, to be reset with regards to a spring trial. However, any party may file any of those of its submissions which do not require joint input, at any time convenient to that party. So ordered. (Signed by Judge Louis L. Stanton on 10/15/2020) (rro)
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Filing 167
LETTER addressed to Judge Louis L. Stanton from Patrick R. Frank dated 10/14/2020 re: adjournment. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 166
MEMORANDUM OF LAW in Opposition re: #155 FIRST MOTION in Limine . . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 165
DECLARATION of Donald S. Zakarin in Opposition re: #155 FIRST MOTION in Limine .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - Sheeran Deposition Excerpts, #2 Exhibit 2 - Camp Declaration).(Goldsmith, Andrew)
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Filing 164
PRETRIAL ORDER NO. 4: Having read the parties' submissions, the order in which the case will proceed is as follows: (1) Openings on liability, without reference to damages; (2) Plaintiffs' witnesses, direct and cross, on liability; (3) Defendants' witnesses, direct and cross, on liability; (4) Closings, jury instructions and verdict on liability; (5) If plaintiffs prevail on liability, openings on damages; (6) Plaintiffs' case on damages (7) Defendants' case on damages; (8) Closings, jury instruction and verdict on damages. During the first segment of the trial, there is to be no reference, by proof, argument, comment or in any other manner, to the amount of damages or any measurement of the harm claimed to have been inflicted by the defendants' infringement. The focus will be entirely on whether or not the defendants' work is infringing. This may result in some witnesses testifying twice. That is not an infrequent occurrence; jurors take it in their stride without confusion; and the two presentations, divided by deliberation and a verdict, will assist in keeping clear and adjudicating separately the issues of infringement and the measure of damages. So ordered. (Signed by Judge Louis L. Stanton on 10/5/2020) (rro)
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Filing 163
PRETRIAL ORDER NO. 3: There shall be no reference, mention, evidence or argument concerning any other litigation or claim of infringement between the parties, or any other parties and any defendant, or the outcome of any such claim. The trial shall be devoted entirely to the facts and law involved in this case, and any reference to other claims, copying, infringements or litigations are excluded under Fed. R. Evict. 403 and 404. There shall be no reference, mention, evidence or argument concerning Mr. Sheeran's or any litigant's wealth, general success or general revenues. The jury, like the Court, will do equal right to the poor and the rich. That does not bar evidence of earnings, costs and the like from specific works and performances to establish or limit damages in this particular infringement case. So ordered. (Signed by Judge Louis L. Stanton on 10/5/2020) (rro)
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Filing 162
LETTER addressed to Judge Louis L. Stanton from Donald S. Zakarin dated October 2, 2020 re: Letter Requesting Trial Rescheduling Due to Travel Restrictions To United States and New York. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 161
REPLY MEMORANDUM OF LAW in Support re: #145 THIRD MOTION in Limine to exclude (1) any argument or evidence relating to prior allegations of infringement against Defendants; and (2) any argument or evidence relating to prior settlements of claims asserted against Defendants. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 160
FIRST REPLY MEMORANDUM OF LAW in Opposition re: #150 FIFTH MOTION in Limine to exclude argument or evidence relating to Mr. Sheerans general wealth, beyond the revenues he has generated and costs he has incurred relative to United States exploitation of Thinking Out Loud. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 159
DECLARATION of Donald S. Zakarin in Support re: #142 MOTION to Bifurcate Trial Between Liability and Damages Phases.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - Sheeran Deposition Excerpts).(Goldsmith, Andrew)
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Filing 158
REPLY MEMORANDUM OF LAW in Support re: #142 MOTION to Bifurcate Trial Between Liability and Damages Phases. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 157
DECLARATION of Patrick R. Frank in Support re: #155 FIRST MOTION in Limine .. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Frank, Patrick)
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Filing 156
MEMORANDUM OF LAW in Support re: #155 FIRST MOTION in Limine . . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 155
FIRST MOTION in Limine . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 154
DECLARATION of Patrick R. Frank in Opposition re: #145 THIRD MOTION in Limine to exclude (1) any argument or evidence relating to prior allegations of infringement against Defendants; and (2) any argument or evidence relating to prior settlements of claims asserted against Defendants.. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit).(Frank, Patrick)
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Filing 153
MEMORANDUM OF LAW in Opposition re: #145 THIRD MOTION in Limine to exclude (1) any argument or evidence relating to prior allegations of infringement against Defendants; and (2) any argument or evidence relating to prior settlements of claims asserted against Defendants. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 152
FIRST REPLY MEMORANDUM OF LAW in Opposition re: #142 MOTION to Bifurcate Trial Between Liability and Damages Phases. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 151
MEMORANDUM OF LAW in Support re: #150 FIFTH MOTION in Limine to exclude argument or evidence relating to Mr. Sheerans general wealth, beyond the revenues he has generated and costs he has incurred relative to United States exploitation of Thinking Out Loud. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 150
FIFTH MOTION in Limine to exclude argument or evidence relating to Mr. Sheerans general wealth, beyond the revenues he has generated and costs he has incurred relative to United States exploitation of Thinking Out Loud. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 149
MEMORANDUM OF LAW in Support re: #147 FOURTH MOTION in Limine to exclude (1) any argument or evidence relating to the Spin Article (as defined in the accompanying papers and annexed to the Zakarin Declaration as Exhibit 1) and the Billboard Article (as defined in the accompanying pape . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 148
DECLARATION of Donald S. Zakarin in Support re: #147 FOURTH MOTION in Limine to exclude (1) any argument or evidence relating to the Spin Article (as defined in the accompanying papers and annexed to the Zakarin Declaration as Exhibit 1) and the Billboard Article (as defined in the accompanying pape. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - Spin Article, #2 Exhibit 2 - Billboard Article).(Goldsmith, Andrew)
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Filing 147
FOURTH MOTION in Limine to exclude (1) any argument or evidence relating to the Spin Article (as defined in the accompanying papers and annexed to the Zakarin Declaration as Exhibit 1) and the Billboard Article (as defined in the accompanying papers and annexed to the Zakarin Declaration as Exhibit 2); and (2) any argument or evidence relating to the liner notes for the Lets Get It On (Deluxe) Album. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 146
MEMORANDUM OF LAW in Support re: #145 THIRD MOTION in Limine to exclude (1) any argument or evidence relating to prior allegations of infringement against Defendants; and (2) any argument or evidence relating to prior settlements of claims asserted against Defendants. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 145
THIRD MOTION in Limine to exclude (1) any argument or evidence relating to prior allegations of infringement against Defendants; and (2) any argument or evidence relating to prior settlements of claims asserted against Defendants. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 144
MEMORANDUM OF LAW in Support re: #142 MOTION to Bifurcate Trial Between Liability and Damages Phases. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 143
DECLARATION of Donald S. Zakarin in Support re: #142 MOTION to Bifurcate Trial Between Liability and Damages Phases.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 142
MOTION to Bifurcate Trial Between Liability and Damages Phases. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 141
MEMO ENDORSEMENT on re: #140 Response in Support of Motion,, filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation. ENDORSEMENT: Defendants may move, with no further prelude, for "bifurcation" of the trial, to the extent that the issues of liability would be tried separately, and a verdict taken, before (if that verdict is for plaintiffs) trial of the separate issues of damages to the same jury. (Signed by Judge Louis L. Stanton on 9/3/2020) (rro)
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Filing 140
LETTER RESPONSE in Support of Motion addressed to Judge Louis L. Stanton from Donald S. Zakarin dated August 21, 2020 re: #137 LETTER MOTION for Conference Seeking Leave to File Motion For an Order Bifurcating Trial Between Liability and Damages Phases Pursuant to Fed. R. Civ. 42(b) addressed to Judge Louis L. Stanton from Donald S. Zakarin dated August 10, 2020. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 139
FIRST REPLY MEMORANDUM OF LAW in Opposition re: #137 LETTER MOTION for Conference Seeking Leave to File Motion For an Order Bifurcating Trial Between Liability and Damages Phases Pursuant to Fed. R. Civ. 42(b) addressed to Judge Louis L. Stanton from Donald S. Zakarin dated August 10, 2020. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 138
ORDER with respect to #126 Motion in Limine: Following in limine rulings 1, 2 and 3 in the March 24, 2020 Opinion and Order, Dr. Stewart is bound by, and shall abide by numbers 1 and 2 of those rulings, with which he is to be madefamiliar before he testifies. In addition, 4. Dr. Stewart shall express no opinion on whether any musical work, or any part of any musical work, is "protected" (by copyright or originality) or is substantially similar to theLet' s Get It On deposit copy. Those are legal conclusions outside his area of expertise. 5. For reasons particular to this case, Dr. Stewart shall not characterize Let's Get It On or a constituent element of it, such as a chord progression or harmonic rhythm, as being "unique," "distinctive," "unusual" or the like. That is because such opinions were not disclosed in his Report, his prior art research was not such as to support them, and there is uncontradicted proof that those elements in this case are common musical techniques. 6. Dr. Stewart may testify to similarities in the vocal melodies, subject to cross-examination on deletions and alterations he made to produce or enhance them. So ordered. (Signed by Judge Louis L. Stanton on 8/18/2020) (ml)
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Filing 137
LETTER MOTION for Conference Seeking Leave to File Motion For an Order Bifurcating Trial Between Liability and Damages Phases Pursuant to Fed. R. Civ. 42(b) addressed to Judge Louis L. Stanton from Donald S. Zakarin dated August 10, 2020. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 136
REPLY MEMORANDUM OF LAW in Support re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 135
DECLARATION of Donald S. Zakarin in Support re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - Smith Decision, #2 Exhibit 2 - Chart of Points of Fact & Law Undisputed in Plaintiffs' Opposition, #3 Exhibit 3 - Deposition Excerpts of Helen McDonald).(Goldsmith, Andrew)
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Filing 134
MEMO ENDORSEMENT on re: #129 LETTER MOTION to Compel Ed Sheeran to Produce: Plaintiffs have had, and let pass, many opportunities to seek court enforcement of this long sought material. Those applications they did make were denied as untimely. Now trial is scheduled for November. Re-opening damages discovery would require preparation of new, different presentations on those matters, with no excuses for not having done it earlier. The application is denied. So Ordered. (Signed by Judge Louis L. Stanton on 7/24/2020) (ml)
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Filing 133
DECLARATION of Alexander Stewart in Opposition re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness.. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit 1a, #2 Exhibit 1b, #3 Exhibit 1c, #4 Exhibit 1d, #5 Exhibit 1e, #6 Exhibit 2, #7 Exhibit 3).(Frank, Patrick)
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Filing 132
DECLARATION of Patrick Ryan Frank in Opposition re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness.. Document filed by Kathryn Townsend Griffin. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three, #4 Exhibit Four, #5 Exhibit Five).(Frank, Patrick)
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Filing 131
FIRST MEMORANDUM OF LAW in Opposition re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness. . Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 130
LETTER RESPONSE in Opposition to Motion addressed to Judge Louis L. Stanton from Donald S. Zakarin dated July 10, 2020 re: #129 LETTER MOTION to Compel Ed Sheeran to Produce addressed to Judge Louis L. Stanton from Patrick R. Frank dated July 9, 2020. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit 1 - December 2017 Letter from Defendants to Plaintiffs, #2 Exhibit 2 - May 2018 Letter from Plaintiffs to Judge Sullivan, #3 Exhibit 3 - May 2018 Letter from Defendants to Judge Sullivan, #4 Exhibit 4 - Order on Intervention Motion, #5 Exhibit 5 - June 2018 Letter from Plaintiffs to Judge Sullivan, #6 Exhibit 6 - June 2018 Letter from Defendants to Judge Sullivan, #7 Exhibit 7 - Transcript of Proceedings dated June 29, 2018, #8 Exhibit 8 - January 2020 Email from Defendants to Plaintiffs).(Goldsmith, Andrew)
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Filing 129
LETTER MOTION to Compel Ed Sheeran to Produce addressed to Judge Louis L. Stanton from Patrick R. Frank dated July 9, 2020. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 128
MEMORANDUM OF LAW in Support re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 127
DECLARATION of Donald S. Zakarin in Support re: #126 SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Ex 1 - Expert Disclosure of Plaintiffs (Stewart Report), #2 Exhibit Ex 2 - Stewart Declaration on Summary Judgment, #3 Exhibit Ex 3 - Stewart Deposition Excerpts, #4 Exhibit Ex 4 - Published Sheet Music for Thinking Out Loud, #5 Exhibit Ex 5 - Excerpts of Guitar Method Books, #6 Exhibit Ex 6 - Screenshot from Berklee College of Music Website, #7 Exhibit Ex 7 - Screenshot from Fender Website, #8 Exhibit Ex 8 - Expert Report of Lawrence Ferrara).(Goldsmith, Andrew)
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Filing 126
SECOND MOTION in Limine to Exclude the Expert Report of Dr. Alexander Stewart and to Exclude Dr. Stewart as a Trial Witness. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC..(Goldsmith, Andrew)
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Filing 125
SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AI Entertainment Holdings LLC, Corporate Parent Warner Music Group Corp. for Atlantic Recording Corporation. Document filed by Atlantic Recording Corporation..(Goldsmith, Andrew)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #123 Proposed Order was reviewed and approved as to form. (km)
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Filing 124
ORDER: COUNSEL having conferred pursuant to the previous Order of this Court, it is ORDERED that: Before close of business on Tuesday, September 15, 2020, the Plaintiffs shall submit a draft pre-trial Order to the Defendants. By twelve o'clock noon on Monday, November 2, 2020, the Parties shall file a joint pre-trial Order in the form prescribed in this Court's standing Orders, together with proposed voir dire questions, proposed jury charges, trial briefs, and proposed verdict forms. A final pre-trial conference will be held on Monday, November 9, 2020, at twelve o'clock noon. Jury selection will begin on Tuesday, November 10, 2020. A jury trial will begin on Thursday, November 12, 2020, at 10:30 a.m., with the anticipated length of five (5) to seven (7) days. No extensions of these deadlines will be allowed except upon a showing of good cause not foreseeable at the date of this Order. (Pretrial Order due by 11/2/2020., Final Pretrial Conference set for 11/9/2020 at 12:00 PM before Judge Louis L. Stanton., Jury Trial set for 11/12/2020 at 10:30 AM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 6/25/2020) (rro) Modified on 6/26/2020 (rro).
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Filing 123
PROPOSED ORDER. Document filed by Kathryn Townsend Griffin. Related Document Number: #102 ..(Frank, Patrick) Proposed Order to be reviewed by Clerk's Office staff.
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MEMORANDUM TO THE PARTIES: Attorneys to suggest schedule for completion of pretrial matters, dates for trial, etc. in the form of the Court's Order dated March 8, 2019 (ECF No. 102). Judge Stanton, 6/10/2020.(ml)
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Filing 122
LETTER MOTION to Adjourn Conference addressed to Judge Louis L. Stanton from Patrick R. Frank dated April 24, 2020. Document filed by Kathryn Townsend Griffin..(Frank, Patrick)
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Filing 121
OPINION & ORDER ON DEFENDANTS' FIRST MOTION IN LIMINE: Defendants first in limine request, "for an order limiting Plaintiffs to comparing Thinking Out Loud with the musical composition Let's Get It On as reflected in the deposit copyfiled with the Copyright Office for that work" is granted; The Gaye sound recording is inadmissible in any way which might confuse the jury into thinking it represents what is protected by copyright. For example, comparisons of elements in Thinking Out Loud which are similar to elements in the Gaye sound recording (but not the Deposit Copy) will not be allowed. To that extent, Defendants' second and third in limine requests are granted; and rulings on whether portions, or the whole Gaye sound recording may be played or otherwise referred to at trial, are deferred until trial. At present it seems those would be barred by Fed. R. Evid. 403, but there may arise circumstances or arguments under which they may be admissible. Counsel are directed to give advance notice to their adversary and the Court before making such submissions. (Signed by Judge Louis L. Stanton on 3/24/2020) (ml)
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Set/Reset Hearings: Status Conference set for 3/19/2020 is adjourned to 4/29/2020 at 03:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml)
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Set/Reset Hearings: Status Conference set for 3/19/2020 at 03:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml)
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Filing 120
MEMO ENDORSEMENT denying without prejudice #109 Motion in Limine. ENDORSEMENT: This in limine motion is denied without prejudice and with leave to renew at the conference referred to in the July 2, 2019 order. (Signed by Judge Louis L. Stanton on 2/12/2020) (va) Modified on 2/14/2020 (va).
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Filing 119
ORDER: After discussion with counsel, all dates affecting the present schedule in this case are vacated, to be reset at a conference to be held within 10 days after the Ninth Circuit's en bane decision in Skidmore v. Led Zeppelin et al., No. 16-56057. So ordered. (Signed by Judge Louis L. Stanton on 7/2/2019) (rro)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held on 7/2/2019. (ml)
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Filing 118
MEMO ENDORSEMENT on re: #117 Suggestion of Death filed by Helen McDonald. ENDORSEMENT: So Ordered. (The Helen Christine Townsend McDonald Trust, dated March 14, 2008 added. Helen McDonald terminated.) (Signed by Judge Louis L. Stanton on 6/14/2019) (rro)
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Filing 117
SUGGESTION OF DEATH upon the record as to Helen McDonald on March 17, 2019 . Document filed by Helen McDonald(Frank, Patrick)
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Set/Reset Hearings: Conference set for 7/19/2019 is moved to 7/2/2019 at 03:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml)
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Filing 116
NOTICE TO COUNSELS: Conference set for 7/19/2019 at 02:30 PM regarding whether this Court should stay this case pending the Ninth Circuit's resolution of Skidmore, in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml)
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Filing 115
RESPONSE in Support of Motion re: #109 FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On. Defendants' Response to Plaintiffs' Notice of Supplemental Authority. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 114
RESPONSE in Opposition to Motion re: #109 FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On. . Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick)
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Filing 113
REPLY MEMORANDUM OF LAW in Support re: #109 FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 112
RESPONSE in Opposition to Motion re: #109 FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On. . Document filed by Kathryn Townsend Griffin. (Frank, Patrick)
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Filing 111
MEMORANDUM OF LAW in Support re: #109 FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 110
DECLARATION of Ilene S. Farkas in Support re: #109 FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On.. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Exhibit 1 - Deposit Copy, #2 Exhibit Exhibit 2 - More Legible Deposit Copy)(Goldsmith, Andrew)
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Filing 109
FIRST MOTION in Limine to preclude, inter alia, Plaintiffs from eliciting testimony or otherwise adducing evidence that compares Thinking Out Loud to elements contained only in the commercially released sound recording of Lets Get It On. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 108
Costs Taxed as to #107 USCA Mandate, USCA Case Number 18-1862-cv. in the amount of $183.80. on 05/16/2019 in favor of Appellees Atlantic Recording Corporation, Edward Christopher Sheeran, and Sony/ATV Music Publishing, LLC. against Structured Asset Sales, LLC, Movant - Appellant. (nd)
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Filing 107
MANDATE of USCA (Certified Copy) as to #53 Notice of Appeal, filed by Structured Asset Sales, LLC. USCA Case Number 18-1862-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/07/2019. (nd)
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Transmission of USCA Mandate to the District Judge re: #107 USCA Mandate,. (nd)
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Filing 106
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 3/8/19 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)
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Filing 105
TRANSCRIPT of Proceedings re: CONFERENCE CORRECTED held on 3/8/2019 before Judge Louis L. Stanton. 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 5/7/2019. Redacted Transcript Deadline set for 5/17/2019. Release of Transcript Restriction set for 7/15/2019.(McGuirk, Kelly)
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Filing 104
FIRST LETTER addressed to Judge Louis L. Stanton from Patrick R. Frank dated 3/27/2019 re: Consolidation. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick)
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Filing 103
NOTICE OF APPEARANCE by Giovanna Maria Marchese on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Marchese, Giovanna)
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Filing 102
ORDER: Counsel having appeared before me at a conference on March 8, 2019, it is ORDERED that: (1) Before close of business on Thursday, August 15, 2019, the plaintiffs shall submit a draft pre-trial order to the defendants; (2) By twelve o'clock noon on Wednesday, September 4, 2019, the parties shall file a joint pre-trial order in the form prescribed in this court's standing orders, together with proposed voir dire questions, proposed jury charges, trial briefs and proposed verdict forms; (3) A final pre-trial conference will be held on Friday, September 6, 2019, at twelve o'clock noon; (4) Jury selection will begin on Tuesday, September 10, 2019; and (5) A jury trial will begin on Wednesday, September 11, 2019, at 10:30 a.m., with the anticipated length of five to seven days. No extensions of these deadlines will be allowed except upon a showing of good cause not foreseeable at the date of this order. Failure to comply with the terms of this order may constitute grounds for denial of requested relief, dismissal of the action or of defenses, the entry of Judgment of default, or such other actions as may be just in the circumstances. ( Pretrial Order due by 9/4/2019., Final Pretrial Conference set for 9/6/2019 at 12:00 PM before Judge Louis L. Stanton., Jury Trial set for 9/11/2019 at 10:30 AM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 3/8/2019) (mro)
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Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held on 3/8/2019. (Court Reporter Andrew Walker) (ml)
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Filing 101
ORDER: A conference will be held on Friday, March 8, 2019, at 2:30 p.m. to set dates for the completion of the consent pre-trial order and trial, and to discuss any other relevant matters. So ordered. (Status Conference set for 3/8/2019 at 02:30 PM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 2/11/2019) (rro)
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Filing 100
ORDER denying #95 Motion for Reconsideration. Defendants' motion for reargument or, in the alternative, certification of an interlocutory appeal (Dkt. No. 95) is denied, and as further set forth in this Order. SO ORDERED. (Signed by Judge Louis L. Stanton on 2/6/2019) (jca)
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Filing 99
REPLY MEMORANDUM OF LAW in Support re: #95 FIRST MOTION for Reconsideration Or, In The Alternative, Certification of An Interlocutory Appeal. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 98
ORDER: At defendants' suggestion, the scheduling conference now set for Friday, February 1, 2019, is adjourned until a date to be set after the pending motion for reargument is decided. (Signed by Judge Louis L. Stanton on 1/29/2019) (ml)
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Filing 97
FIRST REPLY MEMORANDUM OF LAW in Opposition re: #95 FIRST MOTION for Reconsideration Or, In The Alternative, Certification of An Interlocutory Appeal. . Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick)
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Filing 96
FIRST MEMORANDUM OF LAW in Support re: #95 FIRST MOTION for Reconsideration Or, In The Alternative, Certification of An Interlocutory Appeal. . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 95
FIRST MOTION for Reconsideration Or, In The Alternative, Certification of An Interlocutory Appeal. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 94
ORDER: A conference will be held on Friday, February 1, 2019, at 12:00 noon to set dates for the completion of the consent pre-trial order and trial, and to discuss any other relevant matters. (Status Conference set for 2/1/2019 at 12:00 PM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 1/4/2019) (rro)
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Filing 93
OPINION AND ORDER re: #66 FIRST MOTION for Summary Judgment . filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation. The motion for partial summary judgment (Dkt. No. 66) is denied. So ordered. (Signed by Judge Louis L. Stanton on 1/2/2019) (rro)
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NOTICE OF CASE REASSIGNMENT to Judge Louis L. Stanton. Judge Richard J. Sullivan is no longer assigned to the case. (sjo)
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Filing 92
RESPONSE in Support of Motion re: #66 FIRST MOTION for Summary Judgment . Reply In Further Support of Notice of Supplemental Authority. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 91
RESPONSE in Opposition to Motion re: #66 FIRST MOTION for Summary Judgment . . Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick)
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Filing 90
RESPONSE in Support of Motion re: #66 FIRST MOTION for Summary Judgment . Notice of Supplemental Authority. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Skidmore v. Led Zeppelin)(Goldsmith, Andrew)
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Filing 89
REPLY to Response to Motion re: #66 FIRST MOTION for Summary Judgment . Reply to Rule 56.1 Statement of "Additional Facts" Submitted by Plaintiffs. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 88
FIRST REPLY MEMORANDUM OF LAW in Support re: #66 FIRST MOTION for Summary Judgment . . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 87
DECLARATION of Edward Christopher Sheeran in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 86
DECLARATION of Lawrence Ferrara, PhD in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Excerpts of Chord Progression Method Book, #2 Exhibit Demonstratives Alluded to in Reply Ferrara Declaration)(Goldsmith, Andrew)
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Filing 85
DECLARATION of Ilene S. Farkas in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Excerpts of Bowker Treatise, #2 Exhibit Excerpts of 1960 Copyright Study, #3 Exhibit Additional Transcriptions by Dr. Ferrara, provided to Plaintiffs during Expert Discovery, #4 Exhibit Additional Excerpts of Stewart's Deposition, #5 Exhibit Email re: True Love Ways)(Goldsmith, Andrew)
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Filing 84
ORDER granting #83 Letter Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED THAT Defendants may file a reply memorandum of up to fifteen pages. (Signed by Judge Richard J. Sullivan on 9/21/2018) (tro)
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Filing 83
FIRST LETTER MOTION for Leave to File Excess Pages re: Reply Memorandum of Law addressed to Judge Richard J. Sullivan from Ilene S. Farkas dated September 21, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 82
DECLARATION of Patrick R. Frank in Opposition re: #66 FIRST MOTION for Summary Judgment .. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Frank, Patrick)
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Filing 81
DECLARATION of Alexander Stewart in Opposition re: #66 FIRST MOTION for Summary Judgment .. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick)
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Filing 80
FIRST MEMORANDUM OF LAW in Opposition re: #66 FIRST MOTION for Summary Judgment . . Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick)
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Filing 79
PLAINTIFFS' OBJECTIONS AND RESPONSES TO DEFENDANTS' RULE 56.1 STATEMENT re: #66 FIRST MOTION for Summary Judgment .. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick) Modified on 11/28/2018 (ml).
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Filing 78
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT WARNER MUSIC GROUP CORPORATION, d/b/a ASYLUM RECORDS PURSUANT TO FED.R.CIV.P.41(a)(1)(A)(i): PLEASE TAKE NOTICE, that pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i), plaintiffs Kathryn Townsend Griffin. Helen McDonald and the Estate of Cherrigale Townsend, hereby gives notice that the above-captioned action is voluntarily dismissed as against defendant Warner Music Group Corporation, d/b/a Asylum Records. SO ORDERED. Warner Music Group Corporation terminated. (Signed by Judge Richard J. Sullivan on 9/4/2018) (ne)
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Filing 77
MEMO ENDORSEMENT on re: #76 Letter filed by Sony/ATV Music Publishing, LLC, Edward Christopher Sheeran, Atlantic Recording Corporation. ENDORSEMENT: IT IS HEREBY ORDERED THAT Defendants shall file their reply by September 28, 2018. SO ORDERED. (Set Deadlines/Hearing as to #76 Letter, #66 FIRST MOTION for Summary Judgment. Replies due by 9/28/2018.) (Signed by Judge Richard J. Sullivan on 8/20/2018) (ne)
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Filing 76
FIRST LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated August 20, 2018 re: Briefing Schedule. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 75
ORDER granting #74 Letter Motion for Extension of Time to File Response/Reply; granting #74 Letter Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED THAT Plaintiffs' time to file their opposition to Defendants' motion for summary judgment is extended to September 7, 2018. IT IS FURTHER ORDERED THAT Plaintiffs may file a twenty-five page declaration of Dr. Stewart and may file a memorandum of law no longer than thirty pages. The Court extends its best wishes to counsel's mother for a speedy recovery. ( Responses due by 9/7/2018) (Signed by Judge Richard J. Sullivan on 8/17/2018) (mro)
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Filing 74
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #66 FIRST MOTION for Summary Judgment . addressed to Judge Richard J. Sullivan from Patrick R. Frank dated August 17, 2018., FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Richard J. Sullivan from Patrick R. Frank dated August 17, 2018. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick)
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Filing 73
FIRST MEMORANDUM OF LAW in Support re: #66 FIRST MOTION for Summary Judgment . . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 72
RESPONSE in Support of Motion re: #66 FIRST MOTION for Summary Judgment . Rule 56.1 Statement of Undisputed Facts. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 71
DECLARATION of Amy Wadge in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 70
DECLARATION of Jake Gosling in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 69
DECLARATION of Audrey Ashby in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 68
DECLARATION of Lawrence Ferrara, PhD in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 67
DECLARATION of Ilene S. Farkas in Support re: #66 FIRST MOTION for Summary Judgment .. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer, #3 Exhibit Ferrara Report, #4 Exhibit Visual Exhibits to Ferrara Report, #5 Exhibit Audio Exhibits to Ferrara Report, #6 Exhibit Stewart Report, #7 Exhibit Stewart Deposition Excerpts, #8 Exhibit Stewart Transcription of TOL, #9 Exhibit Sheeran Deposition Excerpts, #10 Exhibit McDonald Deposition Excerpts, #11 Exhibit Kathryn Deposition Excerpts, #12 Exhibit Copyright Application & Registration, #13 Exhibit More Legible Copy of LGO Deposit Copy, #14 Exhibit Books Excerpts & Website Screenshot, #15 Exhibit Probate Documents, #16 Exhibit Pre-Motion Conference Transcript)(Goldsmith, Andrew)
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Filing 66
FIRST MOTION for Summary Judgment . Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. Responses due by 8/28/2018 Return Date set for 9/19/2018 at 09:30 AM.(Goldsmith, Andrew)
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Filing 65
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pne)
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Filing 64
ORDER granting #63 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/20/2018) (rro)
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Filing 63
FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Richard J. Sullivan from Ilene S. Farkas dated July 20, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang. Please note that this is a reassignment of the designation only. (jc)
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Filing 62
MEMO ENDORSEMENT on re: (60 in 1:17-cv-05221-RJS) Letter filed by Structured Asset Sales, LLC. ENDORSEMENT: Counsel's request is DENIED. The Court will issue a scheduling order in the related case, 18-cv-5839, once Defendants have been served. (Signed by Judge Richard J. Sullivan on 6/29/2018) (mro)
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Minute Entry for proceedings held before Judge Richard J. Sullivan: Pre-Motion Conference held on 6/29/2018. Patrick Ryan Frank and Keisha Rice present telephonically for Plaintiffs. Donald S. Zakarin and Ilene Susan Farkas present for Defendants. The Court held a premotion conference. As stated on the record, the parties shall file a joint status update letter regarding Plaintiffs' proposed motion to compel no later than July 11, 2018. Defendants shall file their motion for summary judgment by July 27, 2018; Plaintiffs shall respond by August 28, 2018; and Defendants shall reply by September 18, 2018. (Nommensen, Sara)
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Filing 61
FIRST LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated June 29, 2018 re: Letter from Hillel Parness dated June 29, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 60
LETTER addressed to Judge Richard J. Sullivan from Hillel I. Parness dated June 29, 2018 re: Request for Conference. Document filed by Structured Asset Sales, LLC.(Parness, Hillel)
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Filing 59
FIRST LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated June 28, 2018 re: Letter from Hillel Parness. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 58
LETTER addressed to Judge Richard J. Sullivan from Hillel I. Parness dated June 28, 2018 re: Notice of Second Lawsuit. Document filed by Structured Asset Sales, LLC. (Attachments: #1 Exhibit SAS v. Sheeran Complaint)(Parness, Hillel)
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Filing 57
FIRST LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated June 27, 2018 re: Section B of Plaintiffs' Letter dated June 19, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 56
MEMO ENDORSEMENT on re: #51 Reply Memorandum of Law in Opposition to Motion, filed by Helen McDonald, The Estate of Cherrigale Townsend, Kathryn Townsend Griffin. ENDORSEMENT: The Court will hold a premotion conference on the parties' contemplated motions for summary judgement on Friday, June 29, 2018 at 10:00 a.m. In advance of that conference, IT IS HEREBY ORDERED THAT Defendants shall respond in writing to the factual assertions and arguments presented in Part B of this letter no later than Wednesday, June 27, 2018. SO ORDERED. (Pre-Motion Conference set for 6/29/2018 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/25/2018) (ne) Modified on 6/27/2018 (ne).
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Filing 55
ORDER granting #54 Motion. Counsels' request to appear telephonically is granted. IT IS HEREBY ORDERED THAT counsel shall use the following conference line: 1-888-363-4749 access code: 3290725. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/25/2018) (ne)
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Filing 54
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to appear telephonically re: #32 Scheduling Order,, . Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick) Modified on 7/11/2018 (db).
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #53 Notice of Appeal, filed by Structured Asset Sales, LLC were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Appeal. (tp)
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Filing 53
NOTICE OF APPEAL from #48 Order, Set Deadlines/Hearings,,,,. Document filed by Structured Asset Sales, LLC. Filing fee $ 505.00, receipt number 0208-15233196. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Parness, Hillel)
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Filing 52
FIRST LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated June 20, 2018 re: Response to Plaintiffs' Letter Application To Make A Motion To Compel Discovery. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 51
FIRST REPLY MEMORANDUM OF LAW in Opposition re: #49 FIRST LETTER MOTION for Conference re: Defendants' anticipated motion for summary judgment addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated June 15, 2018. . Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick)
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Filing 50
FIRST LETTER MOTION to Compel Edward Christopher Sheeran, Atlantic Records, Sony/ATV Publishing, LLC to produce International Profits/Expert Materials addressed to Judge Richard J. Sullivan from Patrick R. Frank dated 06/15/2018. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick)
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Filing 49
FIRST LETTER MOTION for Conference re: Defendants' anticipated motion for summary judgment addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated June 15, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 48
ORDER: Because SAS's motion to intervene is clearly untimely, the Court deems the motion to be made and denies it. The parties are reminded that expert discovery shall be completed by June 15, 2018, the parties shall file premotion letters, if any, by June 15, 2018, and the Court will conduct a post-discovery conference on June 29, 2018 at 10:00 a.m. ( Expert Discovery due by 6/15/2018., Status Conference set for 6/29/2018 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/11/2018) (mro)
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Filing 47
SECOND LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated May 17, 2018 re: Proposed Intervention of Structured Asset Sales and Response to Letter from Plaintiffs' Counsel. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 46
LETTER addressed to Judge Richard J. Sullivan from Patrick R. Frank dated May 16, 2018 re: Griffin, et.al. v. Sheeran, et.al.. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick)
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Filing 45
FIRST LETTER addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated May 11, 2018 re: Response to Pre-Motion Letter of Proposed Intervenor, Structured Asset Sales, LLC. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 44
NOTICE OF APPEARANCE by Hillel Ira Parness on behalf of Structured Asset Sales, LLC. (Parness, Hillel)
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Filing 43
LETTER addressed to Judge Richard J. Sullivan from Hillel I. Parness dated May 10, 2018 re: Pre-Motion Letter to Intervene as Plaintiff. Document filed by Structured Asset Sales, LLC.(Parness, Hillel)
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Filing 42
ORDER granting #41 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated March 22, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. So ordered. (Deposition due by 4/27/2018). (Signed by Judge Richard J. Sullivan on 3/22/2018) (rjm)
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Filing 41
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard J. Sullivan from Donald S. Zakarin dated March 22, 2018. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Attachments: #1 Text of Proposed Order)(Goldsmith, Andrew)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Complete Discovery. The parties' joint request to extend the deadline for fact discovery to March 28, 2018 is GRANTED. All other deadlines set forth in the Court's October 9, 2018 scheduling order (Doc. No. 32) remain unchanged. (Signed by Judge Richard J. Sullivan on 3/14/2018) (ras) Modified on 5/14/2018 (ras).
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Set/Reset Deadlines: Fact Discovery due by 3/28/2018. (ras)
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Filing 38
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard J. Sullivan from Patrick R. Frank dated 03/13/2018. Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick)
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Mediator Session Held on 1/19/2018 at Offices of Defendant's Counsel.(mf)
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/19/2018, 10:00 AM at the Offices of Defendant's Counsel.(cda)
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Filing 37
ORDER: This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 11/21/2017) (ras) Modified on 1/8/2018 (ras).
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Filing 36
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/21/2017) (ras)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/22/2017. Case to be mediated by February 2018.(cda)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Patrick Ryan Frank to RE-FILE Document #34 Notice of Appearance. ERROR(S): Attorney signature and Attorney filer do not match. (db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Patrick Ryan Frank to RE-FILE Document #33 Notice of Appearance. ERROR(S): Attorney signature and Attorney filer do not match. (db)
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Filing 35
MEDIATION REFERRAL ORDER...IT IS HEREBY ORDERED THAT this case is referred for mediation to the Court-annexed Mediation Program. As stated on the record at the October 6, 2017 conference, the parties anticipate that they will be prepared to mediate by February of 2018. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/20/2017. Mediator Expertise Request due by 10/16/2017. (Signed by Judge Richard J. Sullivan on 10/10/17) (yv)
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Filing 34
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Patrick Ryan Frank on behalf of Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick) Modified on 10/11/2017 (db).
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Filing 33
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Patrick Ryan Frank on behalf of Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend. (Frank, Patrick) Modified on 10/11/2017 (db).
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Filing 32
CASE MANAGEMENT AND SCHEDULING ORDER: All Parties do not consent to disposition of this case by a Magistrate, pursuant to Title 28 of the United States Code, Section 636(c). This case is to be tried by a jury. Deposition due by 3/15/2018. Fact Discovery due by 3/15/2018. Discovery due by 6/15/2018. Status Conference set for 6/29/2018 at 10:00 AM before Judge Richard J. Sullivan. Referral to the Southern District's Mediation Program. Parties have conferred and their present best estimate of the length of trial is five (5) to seven (7) days. (Signed by Judge Richard J. Sullivan on 10/6/2017) (mro)
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Filing 31
Minute Entry for proceedings held before Judge Richard J. Sullivan: Scheduling Conference held on 10/6/2017. Patrick Ryan Frank, Katherine Viker, and Keisha Rice present for Plaintiffs. Ms. Viker and Ms. Rice are respectfully directed to file a notice of appearance in this matter. Illene Susan Farkas and Donald S. Zakarin present for Defendants. The Court set a discovery schedule in this matter, as set forth in the separately docketed order. (Nommensen, Sara)
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Filing 30
FIRST LETTER addressed to Judge Richard J. Sullivan from Ilene S. Farkas dated October 3, 2017 re: Joint-Status Letter. Document filed by Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 29
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Kathryn Townsend Griffin, Helen McDonald, The Estate of Cherrigale Townsend.(Frank, Patrick)
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Filing 28
NOTICE OF APPEARANCE by Donald S. Zakarin on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Zakarin, Donald)
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Filing 27
NOTICE OF APPEARANCE by Ilene Susan Farkas on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Farkas, Ilene)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ilene Susan Farkas to RE-FILE Document #26 Notice of Appearance. ERROR(S): Attorney filer does not match attorney signature. (db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Donald S. Zakarin to RE-FILE Document #24 Notice of Appearance,. ERROR(S): Attorney filer does not match attorney signature. (db)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Ilene Susan Farkas on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Farkas, Ilene) Modified on 9/20/2017 (db).
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Filing 25
NOTICE OF APPEARANCE by Andrew Mark Goldsmith on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Goldsmith, Andrew)
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Filing 24
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Donald S. Zakarin on behalf of Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC. (Zakarin, Donald) Modified on 9/20/2017 (db).
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Filing 23
ANSWER to #1 Complaint,. Document filed by Edward Christopher Sheeran.(Goldsmith, Andrew)
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Filing 22
ANSWER to #1 Complaint,. Document filed by Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 21
ANSWER to #1 Complaint,. Document filed by Atlantic Recording Corporation.(Goldsmith, Andrew)
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Filing 20
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sony Corporation (Japan) for Sony/ATV Music Publishing, LLC. Document filed by Sony/ATV Music Publishing, LLC.(Goldsmith, Andrew)
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Filing 19
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Access Industries, Inc., Corporate Parent Warner Music Group Corp. for Atlantic Recording Corporation. Document filed by Atlantic Recording Corporation.(Goldsmith, Andrew)
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Filing 18
ORDER: IT IS HEREBY ORDERED THAT the initial conference currently scheduled to occur on Friday, October 6, 2017 at 11:30 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York shall instead occur at 11:00 a.m. on the same day. (Initial Conference set for 10/6/2017 at 11:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 9/18/2017) (ap)
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Filing 17
JOINT STIPULATION TO DISMISS CLAIMS THREE (3), FOUR (4), AND FIVE (5) OF PLAINTIFFS' COMPLAINT: COME NOW, the enumerated Plaintiffs and Defendants, collectively, who, by and through their respective counsel(s), and pursuant to the Federal Rules of Civil Procedure, Rule 41(1)(a), proffer the instant joint stipulation to dismiss Counts Three (3), Four (4), and Five (5) of the Plaintiffs' Complaint with the Parties bearing their respective fees and costs attendant hereto. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/15/2017) (ras)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Patrick Frank for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #16 Notice of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km)
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Filing 16
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Warner Music Group Corporation. Document filed by Kathryn Townsend Griffin, The Estate of Cherrigale Townsend, Helen McDonald. (Frank, Patrick) Modified on 8/4/2017 (km).
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CASE ACCEPTED AS RELATED. Create association to 1:16-cv-06309-RJS. Notice of Assignment to follow. (bcu)
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Magistrate Judge Andrew J. Peck is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu)
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NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (bcu)
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Filing 15
ORDER on Motion to Appear Pro Hac Vice granting #9 Motion for Keisha D. Rice to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to appear Pro Hac Vice in the above-captioned case in the United States District Court of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Richard J. Sullivan on 7/24/17) (yv) Modified on 8/10/2017 (yv).
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Filing 14
ORDER ON MOTION TO APPEAR PRO HAC VICE granting #10 Motion for Katherine Lanier Viker to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/24/2017) (mro)
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Filing 13
ORDER ON MOTION TO APPEAR PRO HAC VICE granting #8 Motion for Patrick Ryan Frank to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/24/2017) (mro)
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Filing 12
ORDER: The above-entitled matter has been assigned to my docket. Because three of the four defendants have waived service, pursuant to Federal Rule of Civil Procedure 4(d)(3) their answers are not due until September 18, 2017. Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for an initial conference on Friday, October 6, 2017 at 11:30 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Initial Conference set for 10/6/2017 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 7/24/2017) (mro)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Atlantic Recording Corporation waiver sent on 7/20/2017, answer due 9/18/2017; Edward Christopher Sheeran waiver sent on 7/20/2017, answer due 9/18/2017; Sony/ATV Music Publishing, LLC waiver sent on 7/20/2017, answer due 9/18/2017. Document filed by Kathryn Townsend Griffin; The Estate of Cherrigale Townsend; Helen McDonald. (Frank, Patrick)
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CASE REFERRED TO Judge Richard J. Sullivan as possibly similar to 1:16-cv-06309-RJS. (kl)
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Case Designated ECF. (kl)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (kl)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Patrick Ryan Frank. The following party/parties has been removed from this case: Katherine Lanier Viker, Keisha Dorlisa Rice, Patrick Ryan Frank. The party was added to the case in error. (kl)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patrick Ryan Frank. The party information for the following party/parties has been modified: Sony/ATV Music Publishing, LLC, Kathryn Griffin Townsend, Helen McDonald, Cherrigale Townsend, Edward Christopher Sheeran, Atlantic Recording Corporation, Warner Music Group Corporation, d/b/a Asylum Records. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (kl)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Patrick Ryan Frank. The following case opening statistical information was erroneously selected/entered: Dollar Demand $25,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9999; the County code has been modified to XX Out of State. (kl)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Keisha Dorlisa Rice to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Katherine Lanier Viker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 10
MOTION for Katherine Lanier Viker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Katherine Lanier Viker.(Frank, Patrick)
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Filing 9
MOTION for Keisha Dorlisa Rice to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keisha Dorlisa Rice.(Frank, Patrick)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Patrick Ryan Frank to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 8
MOTION for Patrick Ryan Frank to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patrick Ryan Frank.(Frank, Patrick)
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Patrick Ryan Frank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13883571. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helen McDonald, Cherrigale Townsend, Kathryn Griffin Townsend.(Frank, Patrick) Modified on 7/11/2017 (jc).
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katherine Hiett Viker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13883528. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helen McDonald, Cherrigale Townsend, Kathryn Griffin Townsend.(Frank, Patrick) Modified on 7/11/2017 (jc).
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Keisha Dorlisa Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13883484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Helen McDonald, Cherrigale Townsend, Kathryn Griffin Townsend.(Frank, Patrick) Modified on 7/11/2017 (jc).
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Helen McDonald, Cherrigale Townsend, Kathryn Griffin Townsend.(Frank, Patrick)
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Filing 3
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Frank, Patrick)
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Filing 2
CIVIL COVER SHEET filed. (Frank, Patrick)
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Filing 1
COMPLAINT against Atlantic Recording Corporation, Edward Christopher Sheeran, Sony/ATV Music Publishing, LLC, Warner Music Group Corporation, d/b/a Asylum Records. (Filing Fee $ 400.00, Receipt Number 0208-13883305)Document filed by Kathryn Griffin Townsend, Cherrigale Townsend, Helen McDonald.(Frank, Patrick)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Keisha Dorlisa Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13883484. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) Attorney Affidavit/Declaration is missing - see Local Rule 1.3; and 2) case number is missing from caption on Motion and Proposed Order. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration - attach Proposed Order. (jc)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Katherine Hiett Viker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13883528. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for Patrick Ryan Frank to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13883571. Motion and supporting papers to be reviewed by Clerk's Office staff... The filings are deficient for the following reason(s): 1) Attorney Affidavit/Declaration is missing - see Local Rule 1.3; and 2) case number is missing from captions for motions and proposed orders. Re-file the motions as Motions to Appear Pro Hac Vice - attach the correct signed PDFs - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration for each case - attach Proposed Orders. (jc)
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