Botha v. Apple, Inc. et al
| Seugne Botha |
| Microsoft, Inc., Spotify, Inc., Shazam Media Services, Inc., Deezer, Inc., CD Universe, Inc., Amazon, Inc., Apple Inc, Google Inc,, Orchard Enterprises NY, Inc., Saavn, LLC, Medianet, Inc., MUSIXMATCH US CORPORATION and Alibaba Group (U.S.) Inc. |
| 1:2018cv06840 |
| July 31, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| James L Cott |
| George B Daniels |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 9/28/2018. (Court Reporter Raquel Robles) (Tam, David) |
| Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/24/2018 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 116 TRANSCRIPT of Proceedings re: Telephone Conference held on 8/24/2018 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/13/2018.(aea) |
Filing 115
ORDER granting #114 Letter Motion to Excuse Microsoft Representative from Personal Attendance at Settlement Conference. The application is granted, with the understanding that the Microsoft representative must be available by telephone for the duration of the conference. The Court notes that the settlement conference is taking place in courtroom 21-D, 500 Pearl Street (not in chambers, as is stated in counsel's letter). (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 114 LETTER MOTION to Continue (re-filed as letter-motion at direction of MJ Cott) addressed to Magistrate Judge James L. Cott from Michelle Choe dated September 13, 2018. Document filed by Microsoft, Inc..(Choe, Michelle) |
| Filing 113 LETTER addressed to Magistrate Judge James L. Cott from Michelle Choe dated September 13, 2018 re: Settlement Conference. Document filed by Microsoft, Inc..(Choe, Michelle) |
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Filing 112
ORDER SCHEDULING SETTLEMENT CONFERENCE: By Order of Reference dated July 31, 2018 (Dkt. No. 95), Judge Daniels referred this case to me for general pretrial supervision, including settlement. The Court held a telephone conference today at which the parties agreed to participate in a settlement conference. Accordingly, the conference will be held before me on September 28, 2018 at 10:00 a.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. On the day of the conference, counsel and their clients should arrive at the Courthouse by 9:45 a.m. in order to give them sufficient time to pass through security to ensure a prompt starting time. ( Settlement Conference set for 9/28/2018 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 8/24/2018) (mro) (Main Document 112 replaced on 9/14/2018) (mro).
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Filing 111
ORDER granting #109 Motion for Simon J. Frankel to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 8/24/2018. (Tam, David) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #109 MOTION for Simon J. Frankel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15488448. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 110 NOTICE OF APPEARANCE by Michelle Young-Eun Choe on behalf of Microsoft, Inc.. (Choe, Michelle) |
| Filing 109 MOTION for Simon J. Frankel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15488448. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Microsoft, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Declaration of Simon J. Frankel)(Frankel, Simon) |
| Filing 108 LETTER addressed to Judge George B. Daniels from Carlos A. Leyva, Esq. dated 08/15/2018 re: Seugne Botha v. Apple Inc. et al., Case No. 1:18-cv-06840 (GBD) (JLC):. Document filed by Seugne Botha.(Leyva, Carlos) |
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Filing 107
ORDER FOR ADMISSION PRO HAC VICE granting #96 Motion for Carlos A. Leyva to Appear Pro Hac Vice; granting #106 Motion for Carlos A. Leyva to Appear Pro Hac Vice. (Signed by Magistrate Judge James L. Cott on 8/10/2018) (kgo)
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| Filing 106 MOTION for Carlos A. Leyva to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Seugne Botha. (Attachments: #1 Exhibit Good Standing FLSC, #2 Exhibit Leyva Affidavit, #3 Exhibit Proposed Order)(Leyva, Carlos) |
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Filing 105
STIPULATION AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, pursuant to Rule 1.4 of the Local Rules for the United States District Courts for the Southern and Eastern Districts of New York, Dennis P. Waggoner of Hill, Ward & Henderson, P.A., hereby withdraws from this action. The withdrawal of counsel is hereby approved. IT IS SO ORDERED. Attorney Dennis Parker Waggoner terminated. (Signed by Magistrate Judge James L. Cott on 8/8/2018) (kgo)
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Filing 104
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 4l(a)(l)(A)(ii), plaintiff Seugne Botha and defendant Alibaba Group (U.S.) Inc. hereby jointly stipulate to the dismissal of plaintiff's claims against Alibaba Group (U.S.) Inc. asserted in this action, with prejudice, and with each party to bear its own attorneys' fees and costs. So Ordered. (Signed by Judge George B. Daniels on 8/8/2018) (js)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #106 MOTION for Carlos A. Leyva 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) |
| Filing 103 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Apple Inc. (Cendali, Dale) |
| Filing 102 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) Alibaba Group (U.S.) Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Alibaba Group (U.S.) Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Friedmann, Jared) Modified on 8/7/2018 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jare Friedmann. RE-FILE Document No. #102 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (Ink Signature) by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (dt) |
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Filing 101
ORDER SCHEDULING CONFERENCE: Telephone Conference set for 8/24/2018 at 03:00 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 8/6/2018) (kgo)
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| Filing 100 LETTER addressed to Judge George B. Daniels from James G. Sammataro dated August 2, 2018 re: The Court's Scheduling Order (D.E. 94) and Courtesy Copies of Pending Motions | Botha v. Apple Inc., et al. | Case No. 1:18-cv-06840 (GBD) (JLC). Document filed by Amazon, Inc., Apple Inc, CD Universe, Inc., Deezer, Inc., Google Inc,, Medianet, Inc., Microsoft, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Shazam Media Services, Inc., Spotify, Inc.. (Attachments: #1 Exhibit Defendants' Motion to Dismiss, #2 Exhibit Shazam's Motion to Dismiss, #3 Exhibit Plaintiff's Opposition to Defendants Motion to Dismiss, #4 Exhibit Plaintiff's Opposition to Shazam's Motion to Dismiss)(Sammataro, James) |
| Filing 99 NOTICE OF APPEARANCE by Jared R. Friedmann on behalf of Alibaba Group (U.S.) Inc.. (Friedmann, Jared) |
| Filing 98 NOTICE OF APPEARANCE by Todd Daniel Larson on behalf of Alibaba Group (U.S.) Inc.. (Larson, Todd) |
| Filing 97 NOTICE OF APPEARANCE by Robert Bruce Rich on behalf of Alibaba Group (U.S.) Inc.. (Rich, Robert) |
| Filing 96 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carlos A. Leyva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15392680. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Seugne Botha. (Attachments: #1 Affidavit Carlos A. Leyva, #2 Exhibit Letter of Good Standing FL, #3 Text of Proposed Order)(Leyva, Carlos) Modified on 8/1/2018 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #96 MOTION for Carlos A. Leyva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15392680. 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;. 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.. (wb) |
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Filing 95
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 Settlement. Referred to Magistrate Judge James L. Cott. (Signed by Judge George B. Daniels on 7/31/2018) (jwh)
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Filing 94
SCHEDULING ORDER: The above-captioned action was transferred to this Court's docket from the Middle District of Florida. (See ECF No. 93.) A status conference will be held on October 11, 2018, at 9:45 a.m. Counsel are directed to submit courtesy copies of any pending motions in accordance with this Court's Individual Rules of Practice. (Status Conference set for 10/11/2018 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/31/2018) (jwh)
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| Filing 93 CASE TRANSFERRED IN from the United States District Court - District of Florida Middle; Case Number: 8:18-cv-01145. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge James L. Cott 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge George B. Daniels. 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. (sjo) |
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Filing 92
ORDER: Defendants' Motion to Transfer Venue to the Southern District of New York (Doc. #73 ) is GRANTED. This case is transferred to the United States District Court for the Southern District of New York. After transfer has been effected, the Clerk shall CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 7/30/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 91 RESPONSE in Opposition re #86 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction and Incorporated Memorandum of Law filed by Seugne Botha. (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 K)(Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 90 RESPONSE in Opposition re #74 MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law filed by Seugne Botha. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit K)(Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 89 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Scott N. Gamertsfelder. scottgrmr@aol.com (SNG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 88 TRANSCRIPT of SCHEDULING CONFERENCE held on July 17, 2018 before Judge Virginia M. Hernandez Covington. Court Reporter/Transcriber Scott N. Gamertsfelder,Telephone number 813.301.5898. 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 or purchased through the Court Reporter. Redaction Request due 8/13/2018, Redacted Transcript Deadline set for 8/23/2018, Release of Transcript Restriction set for 10/22/2018. (SNG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 87 REQUEST for oral argument re #86 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction and Incorporated Memorandum of Law by Shazam Media Services, Inc.. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 86 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction and Incorporated Memorandum of Law by Shazam Media Services, Inc.. (Attachments: #1 Exhibit Exhibit 1-Shazam Takedown Notice from C. Leyva, #2 Exhibit Exhibit 2-Declaration of B. Kerle)(Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] Modified on 7/31/2018 (sjo). |
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Filing 85
ENDORSED ORDER granting Alibaba Group (U.S.) Inc.'s unopposed motion for extension of time to respond to the Amended Complaint. (Doc. #84 ). Alibaba's response to the Amended Complaint is now due August 31, 2018. Signed by Judge Virginia M. Hernandez Covington on 7/19/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 84 Unopposed MOTION for Extension of Time to File Answer re #35 Amended Complaint by Alibaba Group (U.S.) Inc.. (Soto, Edward) [Transferred from Florida Middle on 7/31/2018.] |
| ***PRO HAC VICE FEES paid Microsoft, Inc. (Filing fee $150 receipt number tpa051875.) Related document: #71 Unopposed MOTION for Simon J. Frankel to appear pro hac vice. (ARC) [Transferred from Florida Middle on 7/31/2018.] |
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Filing 83
ORAL ORDER granting #80 Motion for Simon Frankel to Appear Telephonically at the July 17, 2018 Case Management Hearing. Signed by Judge Virginia M. Hernandez Covington on 7/17/2018. (AD) [Transferred from Florida Middle on 7/31/2018.]
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Filing 82
ORAL ORDER denying as moot #71 motion for Simon J. Frankel to appear pro hac vice; denying as moot #78 motion for Jared R. Friedmann to appear pro hac vice; and denying as moot #79 motion for Todd Larson to appear pro hac vice. Signed by Judge Virginia M. Hernandez Covington on 7/17/2018. (AD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 81 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 7/17/2018. Court Reporter: Scott N. Gamertsfelder (AD) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 80 Unopposed MOTION to Appear Telephonically at the July 17, 2018 Case Management Hearing by Microsoft, Inc.. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 79 Unopposed MOTION for Todd Larson to appear pro hac vice by Alibaba Group (U.S.) Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Soto, Edward) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
| Filing 78 Unopposed MOTION for Jared R. Friedmann to appear pro hac vice by Alibaba Group (U.S.) Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Soto, Edward) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
| Filing 77 RESPONSE in Opposition re #73 MOTION to transfer case to the Southern District of New York Venue filed by Seugne Botha. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 76 MOTION for default judgment against MUSIXMATCH US CORPORATION by Seugne Botha. (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)(Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] Modified on 7/31/2018 (sjo). |
| Filing 75 REQUEST for oral argument re #74 MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law, #73 MOTION to transfer case to the Southern District of New York Venue by Amazon, Inc., Apple, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Spotify, Inc.. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 74 MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law by Amazon, Inc., Apple, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Spotify, Inc.. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] Modified on 7/31/2018 (sjo). |
| Filing 73 MOTION to transfer case to the Southern District of New York Venue by Amazon, Inc., Apple, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Spotify, Inc.. (Attachments: #1 Exhibit Exhibit 1-Declaration of John P. Mancini in Support of Google's Motion to Transfer Venue, #2 Exhibit Exhibit 2-Declaration of Tucker McCrady in Support of The Orchard's Motion to Transfer Venue, #3 Exhibit Exhibit 3-Declaration of Quinton Ma in Support of Spotify's Motion to Transfer Venue, #4 Exhibit Exhibit 4-Declaration of Ludovic Pouilly in Support of Deezer's Motion to Transfer Venue, #5 Exhibit Exhibit 5-Declaration of Ali A. Sachedina in Support of Saavn's Motion to Transfer Venue, #6 Exhibit Exhibit 6-Declaration of Mike Drake in Support of Google's Motion to Transfer Venue, #7 Exhibit Exhibit 7-Declaration of Lynn Radliff in Support of Amazon's Motion to Transfer Venue, #8 Exhibit Exhibit 8-Declaration of Jeff Wallace in Support of MediaNet's Motion to Transfer Venue)(Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 72 CERTIFICATE of interested persons and corporate disclosure statement by Microsoft, Inc.. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 71 Unopposed MOTION for Simon J. Frankel to appear pro hac vice by Microsoft, Inc.. (Sammataro, James) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
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Filing 70
ENDORSED ORDER granting Alibaba Group (U.S.) Inc.'s motions for extension of time and to participate by phone at July 17, 2018 Case Management Hearing. (Doc. # #68 , #69 ). Alibaba's response to the Amended Complaint is now due August 1, 2018. Additionally, counsel for Alibaba may appear telephonically at the July 17 hearing. Counsel are directed to call the reserved conference toll free number at 1-888-684-8852. The access code to enter the telephone conference is: 2564072 followed by the # (pound) key. Counsel will then be prompted to enter the participant security code, followed by the # (pound) key. Counsel should contact chambers for the security code. This conference will be activated at 8:30 am so the conference may start promptly at 9:00 am. Counsel is advised to use a landline in a quiet environment during the hearing. Signed by Judge Virginia M. Hernandez Covington on 7/13/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 69 MOTION to Appear Telephonically at July 17, 2018 Case Management Hearing by Alibaba Group (U.S.) Inc.. (Soto, Edward) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 68 Unopposed MOTION for Extension of Time to File Answer re #35 Amended Complaint by Alibaba Group (U.S.) Inc.. (Soto, Edward) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 67 Clerk's ENTRY OF DEFAULT as to MUSIXMATCH US CORPORATION (KMM) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 66 MOTION for entry of clerk's default against MUSIXMATCH US CORPORATION by Seugne Botha. (Attachments: #1 Exhibit 1)(Leyva, Carlos) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
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Filing 65
ORDER granting #63 , #64 motions to appear pro hac vice. Signed by Magistrate Judge Julie S. Sneed on 7/11/2018. (SMC) [Transferred from Florida Middle on 7/31/2018.]
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| ***PRO HAC VICE FEES paid (Filing fee $150 receipt number TPA051749.) Related document: #64 Unopposed MOTION for Allison L. Stillman to appear pro hac vice. (ARC) [Transferred from Florida Middle on 7/31/2018.] |
| ***PRO HAC VICE FEES paid (Filing fee $150 receipt number tpa051749.) Related document: #63 Unopposed MOTION for A. John P. Mancini to appear pro hac vice. (ARC) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 64 Unopposed MOTION for Allison L. Stillman to appear pro hac vice by Google, Inc.. (Sammataro, James) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
| Filing 63 Unopposed MOTION for A. John P. Mancini to appear pro hac vice by Google, Inc.. (Sammataro, James) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
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Filing 62
ENDORSED ORDER: Pursuant to the notice of voluntary dismissal with prejudice (Doc. #61 ), this cause is dismissed with prejudice as to Defendant Napster, Inc. only. The Clerk is directed to terminate Napster, Inc. as a party to this action. The action remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/6/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 61 NOTICE of voluntary dismissal by Seugne Botha (Attachments: #1 Exhibit A)(Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
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Filing 60
ENDORSED ORDER granting in part and denying in part the second motion for enlargement of time to serve their responses to the Amended Complaint. (Doc. #59 ). The moving Defendants' responses are now due July 13, 2018. No further extensions will be granted. Signed by Judge Virginia M. Hernandez Covington on 6/29/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 59 Final MOTION for Extension of Time to File answer to First Amended Complaint by Amazon, Inc., Apple, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Spotify, Inc.. (Sammataro, James) Modified relief and text on 7/2/2018 (KMM). [Transferred from Florida Middle on 7/31/2018.] |
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Filing 58
ENDORSED ORDER granting Defendant Shazam's unopposed motion for extension of time to respond to the Amended Complaint. (Doc. #57 ). Shazam's response is now due July 20, 2018. Further extensions will not be granted. Signed by Judge Virginia M. Hernandez Covington on 6/28/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 57 Unopposed MOTION for Extension of Time to File Shazam Media Services, Inc. Response to Plaintiff's First Amended Complaint by Shazam Media Services, Inc.. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 56 NOTICE of hearing: Case Management Hearing set for July 17, 2018, at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Absent compelling circumstances and leave of Court, Lead Counsel must appear in person at the Case Management Hearing. Lead Counsel must be prepared to discuss the claims and defenses as well as any unique aspects of the case with the Court. This hearing is an investment of the Court's time and presents an opportunity for Counsel to meet the judge presiding over their case as well as present any issues that should be called to the Court's attention.(LAW) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 55 CASE MANAGEMENT REPORT. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 54 NOTICE of pendency of related cases per Local Rule 1.04(d) by Amazon, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Shazam Media Services, Inc., Spotify, Inc.. Related case(s): No (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 53 NOTICE of pendency of related cases per Local Rule 1.04(d) by Apple, Inc.. Related case(s): n (Waggoner, Dennis) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 52 CORPORATE Disclosure Statement by Apple, Inc.. (Waggoner, Dennis) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 51 CERTIFICATE of interested persons and corporate disclosure statement re #50 Certificate of interested persons and corporate disclosure statement by Apple, Inc.. (Waggoner, Dennis) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 50 CERTIFICATE of interested persons and corporate disclosure statement by Amazon, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Orchard Enterprises NY, Inc., Saavn, LLC, Shazam Media Services, Inc., Spotify, Inc. identifying Corporate Parent Shazam Entertainment Limited for Shazam Media Services, Inc.; Corporate Parent Spotify AB, Corporate Parent Spotify Technology S.A. for Spotify, Inc.; Corporate Parent Sony Music Entertainment for Orchard Enterprises NY, Inc.; Corporate Parent The Society of Composers, Authors and Music Publishers of Canada, Corporate Parent Mint USA, Inc. for MediaNet, Inc.; Corporate Parent Saavn Media Pvt., Ltd. for Saavn, LLC; Corporate Parent Deezer S.A. for Deezer, Inc.; Corporate Parent XXVI Holdings Inc., Corporate Parent Alphabet Inc. for Google, Inc... (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 49 RETURN of service executed on 6/20/2018 by Seugne Botha as to Alibaba Group (U.S.) Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 48 RETURN of service executed on 6/20/2018 by Seugne Botha as to Napster, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 47 RETURN of service executed on 6/20/2018 by Seugne Botha as to MUSIXMATCH US CORPORATION. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
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Filing 46
ENDORSED ORDER: Pursuant to the joint stipulation of dismissal with prejudice (Doc. #45 ), this cause is dismissed with prejudice as to Defendant Sony Music Entertainment only. Botha and Sony Music Entertainment shall bear their own attorney's fees and costs. The Clerk is directed to terminate Sony Music Entertainment as a party to this action. The action remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 6/19/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 45 STIPULATION of Dismissal with Prejudice by Sony Music Entertainment. (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 44 SUMMONS issued as to MUSIXMATCH US CORPORATION. (KMM) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 43 SUMMONS issued as to Alibaba Group (U.S.) Inc.. (KMM) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 42 SUMMONS issued as to Napster, Inc.. (KMM) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 41 CERTIFICATE of interested persons and corporate disclosure statement by Seugne Botha. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
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Filing 40
ORDER granting #37 , #38 , #39 Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on 6/11/2018. (SMC) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 39 Unopposed MOTION for Mary C. Mazzello to appear pro hac vice by Apple, Inc.. (Attachments: #1 Exhibit A)(Waggoner, Dennis) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
| Filing 38 Unopposed MOTION for Claudia Ray to appear pro hac vice by Apple, Inc.. (Attachments: #1 Exhibit A)(Waggoner, Dennis) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
| Filing 37 Unopposed MOTION for Dale Cendali to appear pro hac vice by Apple, Inc.. (Attachments: #1 Exhibit A)(Waggoner, Dennis) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 7/31/2018.] |
| Filing 36 Copyright Report sent to Washington. (KMM) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 35 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Seugne Botha. Related document: #1 Complaint filed by Seugne Botha. (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)(Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| ***PRO HAC VICE FEES paid by attorney Mary C. Mazzello, appearing on behalf of Apple, Inc. (Filing fee $150 receipt number tpa51095.). (ARC) [Transferred from Florida Middle on 7/31/2018.] |
| ***PRO HAC VICE FEES paid by attorney Dale Cendali, appearing on behalf of Apple, Inc. (Filing fee $150 receipt number tpa051095.). (ARC) [Transferred from Florida Middle on 7/31/2018.] |
| ***PRO HAC VICE FEES paid by attorney Claudia Ray, appearing on behalf of Apple, Inc. (Filing fee $150 receipt number tpa051095.). (ARC) [Transferred from Florida Middle on 7/31/2018.] |
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Filing 34
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 27, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. The Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 6/6/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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Filing 33
ENDORSED ORDER granting Defendants' unopposed motion for enlargement of time to serve their respective responses to the Complaint. (Doc. #32 ). Responses now due July 9, 2018. Signed by Judge Virginia M. Hernandez Covington on 6/6/2018. (DMD) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 32 Unopposed MOTION for Extension of Time to File answer Complaint by Amazon, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Saavn, LLC, Shazam Media Services, Inc., Sony Music Entertainment, Spotify, Inc., The Orchard Music Company. (Sammataro, James) Modified relief and text on 6/6/2018 (KMM). [Transferred from Florida Middle on 7/31/2018.] |
| Filing 31 NOTICE of Appearance by James G. Sammataro on behalf of Amazon, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Saavn, LLC, Shazam Media Services, Inc., Sony Music Entertainment, Spotify, Inc., The Orchard Music Company (Sammataro, James) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 30 NOTICE of Appearance by Dennis Parker Waggoner on behalf of Apple, Inc. (Waggoner, Dennis) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 29 RETURN of service executed on 5/22/2018 by Seugne Botha as to Microsoft, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 28 RETURN of service executed on 5/22/2018 by Seugne Botha as to Amazon, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 27 RETURN of service executed on 5/25/2018 by Seugne Botha as to MediaNet, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 26 RETURN of service executed on 5/21/2018 by Seugne Botha as to The Orchard Music Company. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 25 RETURN of service executed on 5/15/2018 by Seugne Botha as to Deezer, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 24 RETURN of service executed on 5/16/2018 by Seugne Botha as to Saavn, LLC. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 23 RETURN of service executed on 5/16/2018 by Seugne Botha as to Sony Music Entertainment. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 22 RETURN of service executed on 5/16/2018 by Seugne Botha as to Google, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 21 RETURN of service executed on 5/16/2018 by Seugne Botha as to Shazam Media Services, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 20 RETURN of service executed on 5/15/2018 by Seugne Botha as to Spotify, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 19 RETURN of service executed on 5/17/2018 by Seugne Botha as to Apple, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 18 RETURN of service executed on 5/21/2018 by Seugne Botha as to CD Universe, Inc.. (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 17 NOTICE of pendency of related cases re #15 Related case order and track 2 notice per Local Rule 1.04(d) by Seugne Botha. Related case(s): No (Leyva, Carlos) [Transferred from Florida Middle on 7/31/2018.] |
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Filing 16
ORDER: This matter comes before the Court sua sponte. The Court takes this opportunity to address service of process as required by Federal Rule of Civil Procedure 4. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/14/2018. (SAO) [Transferred from Florida Middle on 7/31/2018.]
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Filing 15
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 5/14/2018. (SAO) [Transferred from Florida Middle on 7/31/2018.]
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| Filing 14 Copyright Report sent to Washington. (Attachments: #1 Exhibit Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Civil Cover Sheet) (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 13 SUMMONS issued as to Saavn, LLC. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 12 SUMMONS issued as to CD Universe, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 11 SUMMONS issued as to MediaNet, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 10 SUMMONS issued as to Shazam Media Services, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 9 SUMMONS issued as to Deezer, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 8 SUMMONS issued as to Microsoft, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 7 SUMMONS issued as to Google, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 6 SUMMONS issued as to Spotify, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 5 SUMMONS issued as to Amazon, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 4 SUMMONS issued as to Apple, Inc. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 3 SUMMONS issued as to The Orchard Music Company. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 2 SUMMONS issued as to Sony Music Entertainment. (DG) [Transferred from Florida Middle on 7/31/2018.] |
| Filing 1 COMPLAINT against Apple, Inc., CD Universe, Inc., Deezer, Inc., Google, Inc., MediaNet, Inc., Microsoft, Inc., Saavn, LLC, Shazam Media Services, Inc., Sony Music Entertainment, Spotify, Inc., The Orchard Music Company with Jury Demand (Filing fee $ 400 receipt number TPA-050543) filed by Seugne Botha. (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 Civil Cover Sheet)(DG) [Transferred from Florida Middle on 7/31/2018.] |
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