May v. Cyrus et al
| Michael May and Flourgon |
| SONY CORP OF AMERICA, Larry Rudolph, RCA Records, Timothy Thomas, Destiny Hope Cyrus, Theron Thomas, Sony Music Holdings Inc., mICHAEL lEN Williams, Sony Music, Michael Len Williams II, Sony Corporation of America, Miley Ray Cyrus, Smiley Miley, Inc., Sony Music Entertainment, Mike Will Made It, Mike Will Made-It and Mike Will |
| Victor G Swift |
| 1:2018cv02238 |
| March 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Lewis A Kaplan |
| Robert W Lehrburger |
| Copyright |
| 28 U.S.C. § 1440 |
| Plaintiff |
Docket Report
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| Filing 78 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 1/3/2020 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (km) |
| Filing 77 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Destiny Hope Cyrus, RCA Records, Larry Rudolph, Smiley Miley, Inc., Sony Corporation of America, Sony Music, Sony Music Entertainment, Sony Music Holdings Inc., Theron Thomas, Timothy Thomas, Michael Len Williams II and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Michael May. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Squillace, JoAnn) |
| Terminate Transcript Deadlines (km) |
Filing 76
ENDORSED LETTER addressed to Magistrate Judge Robert W. Lehrburger from Davis Wright Tremaine dated 12/12/2019 re: request that the deadline to answer Second Amended Complaint be further adjourned. ENDORSEMENT: Granted. SO ORDERED. (Destiny Hope Cyrus answer due 1/31/2020; Larry Rudolph answer due 1/31/2020; Smiley Miley, Inc. answer due 1/31/2020; Sony Music Entertainment answer due 1/31/2020; Theron Thomas answer due 1/31/2020; Timothy Thomas answer due 1/31/2020; Michael Len Williams II answer due 1/31/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 12/12/2019) (rro)
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Filing 75
ORDER: Pursuant to the telephonic conference held on November 14, 2019, Defendants' time to respond to the Complaint is extended to December 14, 2019. (Signed by Magistrate Judge Robert W. Lehrburger on 11/14/2019) (Lehrburger, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 10/15/2019 at 4:30 p.m. (rsh) |
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Filing 74
ORDER: Pursuant to the telephonic conference held on October 15, 2019, Defendants' time to respond is further extended to November 14, 2019. (Signed by Magistrate Judge Robert W. Lehrburger on 10/15/2019) (Giglio, Amanda)
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Filing 73
ORDER granting #72 Letter Motion for Conference. NOTICE AND ORDER OF HEARING: Telephone Conference set October 15, 2019 at 4:30 p.m., before Magistrate Judge Robert W. Lehrburger. Counsel shall call the teleconference line at (888) 398-2342 and enter conference code 9543348. SO ORDERED. Telephone Conference set for 10/15/2019 at 04:30 PM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 10/11/2019) Copies Sent By Chambers. (mml)
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| Filing 72 LETTER MOTION for Conference Telephone Conference addressed to Magistrate Judge Robert W. Lehrburger from JoAnn Squillace dated October 10, 2019. Document filed by Michael May.(Squillace, JoAnn) |
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Filing 71
ORDER granting #70 Letter Motion for Extension of Time to Answer. Granted - deadline to answer is extended to Oct. 14, 2019. SO ORDERED. Destiny Hope Cyrus answer due 10/14/2019; Larry Rudolph answer due 10/14/2019; Smiley Miley, Inc. answer due 10/14/2019; Sony Music Entertainment answer due 10/14/2019; Theron Thomas answer due 10/14/2019; Timothy Thomas answer due 10/14/2019; Michael Len Williams II answer due 10/14/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 9/5/2019) (mml)
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| Filing 70 CONSENT LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, Re: September 23, 2019 Mediation, addressed to Magistrate Judge Robert W. Lehrburger from Meredith I. Santana dated September 5, 2019. Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II.(Santana, Meredith) |
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Filing 69
ORDER: Defendants, with Plaintiffs' consent, have requested to adjourn the deadline, sine die, for Defendants to answer the SAC because the parties have agreed to attempt private mediation. The Court applauds the parties' efforts. At the same time, the Court does not favor open-ended deadlines. Accordingly, Defendants' time to answer is extended to the earlier of (1) two weeks following unsuccessful mediation, or (2) 60 days from the current deadline. Should the parties require additional time, they may apply to the Court. In the meantime, the parties shall proceed expeditiously to schedule, conduct and complete the mediation. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 68 JOINT LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, addressed to Magistrate Judge Robert W. Lehrburger from Marcia B. Paul dated July 10, 2019. Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II.(Paul, Marcia) |
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Filing 67
ORDER granting in part and denying in part #51 Motion to Dismiss. Accordingly, defendants' motion to dismiss the second amended complaint [DI 51] is granted to the extent that plaintiffs claims for statutory damages, attorneys fees, and damages for any infringement occurring prior to March 13, 2015 are dismissed. It is denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/28/2019) (jca)
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| Filing 66 RESPONSE re: #65 Objection to Report and Recommendations, . Document filed by Michael May. (Squillace, JoAnn) |
| Filing 65 OBJECTION to #63 Report and Recommendations of Magistrate Judge Robert W. Lehrburger. Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II. (Paul, Marcia) |
| Filing 64 NOTICE of Charging Lien. Document filed by Victor G Swift. (Swift, Victor) |
| Filing 63 REPORT AND RECOMMENDATION ON MOTION TO DISMISS re: #51 MOTION to Dismiss filed by Michael Len Williams II, Larry Rudolph, Smiley Miley, Inc., Timothy Thomas, Destiny Hope Cyrus, Theron Thomas, Sony Music Entertainment. For the foregoing reasons, I recommend that Defendants' motion to dismiss be GRANTED in part, limiting pre-filing damages to a three-year period, and DENIED in all other respects. The current record suggests several ways in which Defendants may well prevail on the merits, from a determination that the Phrase was not original to May or that May made only trivial changes to a pre-existing strict Patois version of the Phrase, to indisputable proof that Defendants did not copy from May's song but instead adopted the Phrase from one of many other sources, to facts establishing fair use as a matter of law. Those determinations, however, must await summary judgment. The Court has considered the remaining arguments raised by the parties, and to the extent they are not addressed herein, finds them to be without merit. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the court, with extra copies delivered to the Chambers of the Honorable Lewis A. Kaplan, 500 Pearl Street, New York, New York 10007, and to the Chambers of the undersigned, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 2/27/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 2/13/2019) Copies Sent By Chambers. (mml) |
| Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 1/8/19 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) |
| Filing 61 TRANSCRIPT of Proceedings re: argument held on 1/8/2019 before Magistrate Judge Robert W. Lehrburger. 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 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019.(McGuirk, Kelly) |
| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Oral Argument held on 1/8/2019 at 2:00 p.m. (Court Reporter Kristen Carannante present) (rsh) |
| Oral Argument rescheduled for 1/8/2019 at 2:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh) Modified on 12/3/2018 (Landers, Rigoberto). Modified on 12/3/2018 (Landers, Rigoberto). |
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Filing 60
SCHEDULING ORDER: Oral Argument set for 12/5/2018 at 4:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (Signed by Magistrate Judge Robert W. Lehrburger on 11/14/2018) (rsh)
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| Filing 59 REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss . . Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II. (Paul, Marcia) |
| Filing 58 NOTICE OF APPEARANCE by Meredith Ivana Santana on behalf of Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II. (Santana, Meredith) |
| Filing 57 DECLARATION of JOANN SQUILLACE, ESQ. in Opposition re: #51 MOTION to Dismiss .. Document filed by Michael May. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit B)(Squillace, JoAnn) |
| Filing 56 MEMORANDUM OF LAW in Opposition re: #51 MOTION to Dismiss . . Document filed by Michael May. (Squillace, JoAnn) |
| Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Initial Pretrial Conference proceeding held on 7/23/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea) |
| Filing 54 TRANSCRIPT of Proceedings re: Initial Pretrial Conference held on 7/23/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018.(aea) |
| Filing 53 DECLARATION of Lacy H. Koonce, III in Support re: #51 MOTION to Dismiss .. Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF)(Koonce, Lacy) |
| Filing 52 MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss . . Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II. (Paul, Marcia) |
| Filing 51 MOTION to Dismiss . Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II.(Paul, Marcia) |
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Filing 50
ORDER: As per today's conference, discovery is hereby stayed pending determination of Defendants' forthcoming motion to dismiss. The motion shall be filed by August 22, 2018. Plaintiff shall respond by September 21, 2018. Defendants shall reply by October 5, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 7/23/2018) (Lehrburger, Robert)
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| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 7/23/2018 at 11:00 a.m. (rsh) |
| Filing 49 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Michael May.(Squillace, JoAnn) |
| Filing 48 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Destiny Hope Cyrus a.k.a. Miley Ray Cyrus for Smiley Miley, Inc.. Document filed by Smiley Miley, Inc..(Rosenfeld, James) |
| Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sony Corporation (Japan) for Sony Music Entertainment. Document filed by Sony Music Entertainment.(Rosenfeld, James) |
| Filing 46 NOTICE OF APPEARANCE by Lacy Herman Koonce, III on behalf of Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II. (Koonce, Lacy) |
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Filing 45
ORDER terminating #42 Letter Motion for Conference. Having received the parties' letters dated July 6 and 11, 2018, the Court will discuss Defendants' proposed motion to dismiss at the July 23, 2018 conference. The parties are reminded that a proposed case management plan is due no later than July 16, 2018. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 44 NOTICE OF APPEARANCE by Stephen Lloyd Drummond on behalf of Michael May. (Drummond, Stephen) |
| Filing 43 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from JoAnn Squillace dated 07/11/2018 re: #42 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Marcia B. Paul dated 7/6/2018. . Document filed by Michael May. (Squillace, JoAnn) |
| Filing 42 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Marcia B. Paul dated 7/6/2018. Document filed by Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II.(Paul, Marcia) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney JoAnn Squillace Document No. #4 AO 121 Form Copyright - Notice of Submission by Attorney,. The filing is deficient for the following reason(s):. Clerk information to be left blank on pdf.. (jgo) |
| Filing 41 WAIVER OF SERVICE RETURNED EXECUTED. Timothy Thomas waiver sent on 6/7/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
| Filing 40 WAIVER OF SERVICE RETURNED EXECUTED. Theron Thomas waiver sent on 6/7/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
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Filing 39
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigneds, as attorneys of record for their respective parties in the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a co1m11ittee has been appointed, the above entitled action be, and the same hereby is discontinued/withdrawn, without prejudice, as against Defendants SONY CORPORATION OF AMERICA, SONY MUSIC HOLDINGS, INC. f.k.a. SONY MUSIC ENTERTAINMENT, SONY MUSIC and RCA RECORDS (the "Withdrawn Defendants, without costs, expenses, fees or otherwise to the parties as against the other, as further set forth in this Order. IT IS FURTHER STIPULATED AND AGREED, by and between the undersigneds, as attorneys of record for their respective parties in the above entitled action, that SONY MUSIC ENTERTAINMENT and SMILEY MILEY, INC. be named/added/included as Defendants in the within action as of the date of the filing of this Stipulation, and, in furtherance of same, the undersigned counsel and attorneys of record for same SONY MUSIC ENTERTAINMENT and SMILEY MILEY, INC. hereby further stipulate, agree and consent to Plaintiff amending his Complaint to remove the Withdrawn Defendants and to name/add/include SONY MUSIC ENTERTAINMENT and SMILEY MILEY, INC. as Defendants herein and stipulate, agree and consent to the within Stipulation being filed with the Court in furtherance of Plaintiff amending his Complaint to effectuate same. For the avoidance of doubt, Defendants expressly reserve their rights to deny, deny knowledge or information sufficient to form a belief or otherwise answer; to move to dismiss, to strike, for summary judgment, or seek any other form of relief; and/or to respond otherwise. Furthermore, this stipulation is not an admission of liability or to the truth of any or all of the prior or modified allegations in the Complaint, Amended Complaint or Second Amended Complaint, as further set forth in this Order. (Signed by Magistrate Judge Robert W. Lehrburger on 6/7/2018) (mml)
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| Filing 38 WAIVER OF SERVICE RETURNED EXECUTED. Larry Rudolph waiver sent on 6/6/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
| Filing 37 WAIVER OF SERVICE RETURNED EXECUTED. Michael Len Williams II waiver sent on 6/6/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. Destiny Hope Cyrus waiver sent on 6/6/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
| Filing 35 WAIVER OF SERVICE RETURNED EXECUTED. Smiley Miley, Inc. waiver sent on 6/6/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
| Filing 34 WAIVER OF SERVICE RETURNED EXECUTED. Sony Music Entertainment waiver sent on 6/6/2018, answer due 8/6/2018. Document filed by Michael May. (Squillace, JoAnn) |
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Filing 33
SCHEDULING ORDER: Initial Conference set for 7/23/2018 at 11:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburgers model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/6/2018) (rsh)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney JoAnn Squillace. The party information for the following party/parties has been modified: Sony Music Entertainment; Smiley-Miley, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney JoAnn Squillace for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #31 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
| Filing 32 SECOND AMENDED COMPLAINT amending #1 Complaint, #17 Amended Complaint, against Destiny Hope Cyrus, Larry Rudolph, Smiley Miley, Inc., Sony Music Entertainment, Theron Thomas, Timothy Thomas, Michael Len Williams II with JURY DEMAND.Document filed by Michael May. Related document: #1 Complaint, #17 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Squillace, JoAnn) |
| Filing 31 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) RCA Records, Sony Corporation of America, Sony Music, Sony Music Holdings Inc. and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Michael May.(Squillace, JoAnn) Modified on 6/6/2018 (km). |
| Filing 30 NOTICE of Stipulation to Amend Complaint to name and add parties and to withdraw and voluntary dismissal of parties without prejudice and without costs re: #1 Complaint, #17 Amended Complaint,. Document filed by Michael May. (Squillace, JoAnn) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Destiny Hope Cyrus, Larry Rudolph, Theron Thomas, Timothy Thomas, Michael Len Williams II, Sony Music Entertainment, Smiley Miley, Inc. added. Party added pursuant to #1 Complaint, #17 Amended Complaint,.Document filed by Michael May. Related document: #1 Complaint, #17 Amended Complaint,.(Squillace, JoAnn) |
| Filing 29 NOTICE OF APPEARANCE by James Eric Rosenfeld on behalf of Destiny Hope Cyrus. (Rosenfeld, James) |
| Filing 28 NOTICE OF APPEARANCE by Marcia Beth Paul on behalf of Destiny Hope Cyrus. (Paul, Marcia) |
| Filing 27 NOTICE OF APPEARANCE by Willie Edward Gary on behalf of Michael May. (Gary, Willie) |
| Filing 26 NOTICE OF APPEARANCE by Loreal Myrick McDonald on behalf of Michael May. (McDonald, Loreal) |
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #24 Motion for Loreal M. McDonald to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 4/24/2018) (mro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Loreal M. McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14978197. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 24 MOTION for Loreal M. McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14978197. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael May. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Squillace, JoAnn) |
| Filing 23 NOTICE OF APPEARANCE by Victor G. Swift on behalf of Michael May. (Swift, Victor) |
| Filing 22 NOTICE OF APPEARANCE by Larry Alan Strauss on behalf of Michael May. (Strauss, Larry) |
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #20 Motion for Willie E. Gary, Victor Gregory Swift, Larry A. Strauss and Garth Alexander Clarke to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 4/11/2018) (mml)
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| Filing 20 AMENDED MOTION for Willie E. Gary, Victor Gregory Swift, Larry A. Strauss and Garth Alexander Clarke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael May. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Squillace, JoAnn) |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Destiny Hope Cyrus waiver sent on 4/9/2018, answer due 6/8/2018. Document filed by Michael May. (Squillace, JoAnn) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 AMENDED MOTION for Willie E. Gary, Victor Gregory Swift, Larry A. Strauss and Garth Alexander Clarke 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) |
| Filing 18 NOTICE OF APPEARANCE by Carol Nadine Green on behalf of Michael May. (Green, Carol) |
| Filing 17 AMENDED COMPLAINT amending #1 Complaint, against Destiny Hope Cyrus, RCA Records, Larry Rudolph, Sony Corporation of America, Sony Music, Sony Music Holdings Inc., Theron Thomas, Timothy Thomas, Michael Len Williams with JURY DEMAND.Document filed by Michael May. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Squillace, JoAnn) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Destiny Hope Cyrus, RCA Records, Larry Rudolph, Sony Corporation of America, Sony Music, Sony Music Holdings Inc., Theron Thomas, Timothy Thomas, Michael Len Williams. (jgo) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Destiny Hope Cyrus a.k.a. Miley Ray Cyrus, an individual, Theron Thomas, an individual, Timothy Thomas, an individual, Sony Corporation of America, a New York corporation, Sony Music Holdings, Inc. f.k.a. Sony Music Entertainment, a Delaware corporation, Sony Music, a Delaware corporation, RCA Records, a Delaware corporation, Michael Len Williams II a.k.a. Mike Will Made It/Mike Will Made-It/Mike Will, an individual, and Larry Rudolph, an individual, re: #1 Complaint,. Document filed by Michael May. (Squillace, JoAnn) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney JoAnn Squillace to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reasons: defendant party name error ; defendant's name listed on summons must correspond to pleading; 'Sony Music Holdings' is not a party in this case. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Destiny Hope Cyrus a.k.a. Miley Ray Cyrus, an individual, Theron Thomas, an individual, Timothy Thomas, an individual, Sony Corporation of America, a New York corporation, Sony Music Holdings, Inc. f.k.a. Sony Music Entertainment, a Delaware corporation, Sony Music, a Delaware corporation, RCA Records, a Delaware corporation, Michael Len Williams II a.k.a. Mike Will Made It/Mike Will Made-It/Mike Will, an individual, and Larry Rudolph, an individual, re: #1 Complaint,. Document filed by Michael May. (Squillace, JoAnn) Modified on 3/26/2018 (pne). |
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Filing 13
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Lewis A. Kaplan on 3/22/2018) (anc)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney JoAnn Squillace to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant party name errors on summons and caption; defendants name listed on summons must correspond to pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 12 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Destiny Hope Cyrus a.k.a. Miley Ray Cyrus, an individual, Theron Thomas, an individual, Timothy Thomas, an individual, Sony Corporation of America, a New York corporation, Sony Music Holdings, Inc. f.k.a. Sony Music Entertainment, a Delaware corporation, Sony Music, a Delaware corporation, RCA Records, a Delaware corporation, Michael Len Williams II a.k.a. Mike Will Made It/Mike Will Made-It/Mike Will, an individual, and Larry Rudolph, an individual, re: #1 Complaint,. Document filed by Michael May. (Squillace, JoAnn) Modified on 3/23/2018 (vf). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Willie E. Gary, Victor Gregory Swift and Larry A. Strauss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14827068. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael May. (Attachments: #1 Exhibit A, #2 Exhibit B)(Squillace, JoAnn) Modified on 3/19/2018 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Willie E. Gary, Victor Gregory Swift and Larry A. Strauss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14827068. Motion and supporting papers to be reviewed by Clerk's Office staf.. The filing is deficient for the following reason(s): THE AFFIDAVIT/DECLARATION MUST BE WRITTEN BY THE ATTORNEY SEEKING TO APPEAR PRO HAC VICE PURSUANT TO LOCAL RULE 1.3 AND THE CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF FLORIDA.;. 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 Proposed Order.. (ma) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney JoAnn Squillace to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): case caption does not exactly match caption on CM/ECF;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Destiny Hope Cyrus a/k/a Miley Ray Cyrus, et.al., re: #1 Complaint,. Document filed by Michael May. (Squillace, JoAnn) Modified on 3/19/2018 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney JoAnn Squillace to RE-FILE Document No. #9 Request for Issuance of Summons,. The filing is deficient for the following reason(s): case caption party names do not exactly match party names entered on CM/ECF. If all party names do not fit, please use first first Plaintiff or Defendant party name followed by et al;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DESTINY HOPE CYRUS a/ka MILEY RAY CYRUS, THERON THOMAS, TIMOTHY THOMAS, SONY CORP OF AMERICA, SONY MUSIC HOLDINGS, SONY MUSIC, RCA RECORDS, MICHAEL LEN WILLIAMS II, LARRY RUDOLPH, re: #1 Complaint,. Document filed by Michael May. (Squillace, JoAnn) Modified on 3/16/2018 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney JoAnn Squillace to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant party name errors; defendants name listed on summons must correspond to pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 8 CIVIL COVER SHEET filed. (Squillace, JoAnn) |
| Filing 7 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to DESTINY HOPE CYRUS a/ka MILEY RAY CYRUS, THERON THOMAS, TIMOTHY THOMAS, SONY CORP OF AMERICA, SONY MUSIC HOLDINGS, SONY MUSIC, RCA RECORDS, MICHAEL LEN WILLIAMS II, LARRY RUDOLPH, re: #1 Complaint,. Document filed by Michael May. (Squillace, JoAnn) Modified on 3/15/2018 (vf). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney JoAnn Squillace. The party information for the following party/parties has been modified: Destiny Hope Cyrus, RCA Records, Larry Rudolph, SONY CORP OF AMERICA, Sony Music, Sony Music Holdings Inc., Theron Thomas, Timothy Thomas, mICHAEL lEN Williams, Michael May. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted; alias party name was omitted. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney JoAnn Squillace to RE-FILE Document No. #3 Notice (Other),. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney JoAnn Squillace. The following case opening statistical information was erroneously selected/entered: Cause of Action code 17:101; Dollar Demand blank; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1400; the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of U.S. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney JoAnn Squillace to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple Jurisdictions were selected. Choose one, and if Diversity, select only one citizenship of principal parties for the first listed plaintiff and first listed defendant. (pc) |
| Filing 6 NOTICE OF APPEARANCE by JoAnn Squillace on behalf of Michael May. (Squillace, JoAnn) |
| Filing 5 NOTICE OF APPEARANCE by JoAnn Squillace on behalf of Michael May. (Squillace, JoAnn) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Affidavit Affirmation of Service of AO 121 form)(Squillace, JoAnn) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of SUMMONS re: #1 Complaint, #2 Civil Cover Sheet. Document filed by Michael May. (Squillace, JoAnn) Modified on 3/14/2018 (pc). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Squillace, JoAnn) Modified on 3/14/2018 (pc). |
| Filing 1 COMPLAINT against Destiny Hope Cyrus, RCA Records, Larry Rudolph, SONY CORP OF AMERICA, Sony Music, Sony Music Holdings Inc., Theron Thomas, Timothy Thomas, mICHAEL lEN Williams. (Filing Fee $ 400.00, Receipt Number 0208-14806876)Document filed by Michael May. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Squillace, JoAnn) |
| Filing 1 COMPLAINT against Destiny Hope Cyrus, RCA Records, Larry Rudolph, SONY CORP OF AMERICA, Sony Music, Sony Music Holdings Inc., Theron Thomas, Timothy Thomas, mICHAEL lEN Williams. (Filing Fee $ 400.00, Receipt Number 0208-14806876)Document filed by Michael May. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Squillace, JoAnn) |
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