Broadcast Music, Inc. et al v. My Image Studios LLC et al
| Broadcast Music, Inc., Windswept Holdings LLC, PWMP Acquisition I LLC, MJ Publishing Trust, Hot-Cha Music Co., Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Elsie Louise Pitts Music, Spirit One Music, House of Fun Music, Inc., Butterman Productions Inc., Unichappel Music Inc., Songs of Universal, Inc. and Unichappell Music Inc. |
| My Image Studios LLC, Walter Edwards, Amilcar Priestley, Taneshia Laird and Carlton Brown |
| 1:2019cv01264 |
| February 8, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Copyright |
| 17 U.S.C. § 101 |
| None |
Docket Report
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Filing 26
ENDORSED LETTER addressed to Judge Valerie E. Caproni from Michael E. Hatchett dated 3/27/2019 re: Adjournment of the pretrial conference. ENDORSEMENT: Application GRANTED. The IPTC is adjourned to April 26, 2019, at 10:00a.m., with the parties' revised joint pre-conference letter and jointly proposed case management plan due no later than April 18, 2019. Defendants My Image Studios, LLC and Walter Edwards must answer or otherwise respond to the Complaint no later than April 9, 2019. SO ORDERED. Walter Edwards answer due 4/9/2019; My Image Studios LLC answer due 4/9/2019. (Initial Conference set for 4/26/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/27/2019) (ne)
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| Filing 25 JOINT LETTER addressed to Judge Valerie E. Caproni from J. Brugh Lower and Sekou Campbell dated March 21, 2019 re: submission in advance of March 29, 2019 Initial Pretrial Conference. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappell Music Inc., Windswept Holdings LLC. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Lower, Jonathon) |
| Civil Case Opening Fee Refunded: for #6 Complaint. Filing fee refunded for Receipt number ANYSDC-16322805, for the following reason(s): duplicate payment. (jom) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE: granting #19 Motion for Sekou Campbell, Esquire to Appear Pro Hac Vice. SO ORDERED.(Signed by Judge Valerie E. Caproni on 3/12/2019) (ama)
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| Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Amilcar Priestley served on 3/8/2019, answer due 3/29/2019. Service was accepted by Carl Jones, Co-Worker. Document filed by Unichappell Music Inc.; Rick's Music, Inc.; Broadcast Music, Inc.; Smooth C Publishing; Windswept Holdings LLC; Elsie Louise Pitts Music; Hot-Cha Music Co.; Red Sea Songs; Songs of Universal, Inc.; Butterman Productions Inc.; PWMP Acquisition I LLC; House of Fun Music, Inc.; MJ Publishing Trust; Spirit One Music. (Lower, Jonathon) |
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Carlton Brown served on 3/8/2019, answer due 3/29/2019. Service was accepted by Carl Jones, Co-Worker. Document filed by Unichappell Music Inc.; Rick's Music, Inc.; Broadcast Music, Inc.; Smooth C Publishing; Windswept Holdings LLC; Elsie Louise Pitts Music; Hot-Cha Music Co.; Red Sea Songs; Songs of Universal, Inc.; Butterman Productions Inc.; PWMP Acquisition I LLC; House of Fun Music, Inc.; MJ Publishing Trust; Spirit One Music. (Lower, Jonathon) |
| Filing 21 SUMMONS RETURNED EXECUTED. Walter Edwards served on 3/8/2019, answer due 3/29/2019. Service was accepted by Carl Jones, Co-Worker. Document filed by Unichappell Music Inc.; Rick's Music, Inc.; Broadcast Music, Inc.; Smooth C Publishing; Windswept Holdings LLC; Elsie Louise Pitts Music; Hot-Cha Music Co.; Red Sea Songs; Songs of Universal, Inc.; Butterman Productions Inc.; PWMP Acquisition I LLC; House of Fun Music, Inc.; MJ Publishing Trust; Spirit One Music. (Lower, Jonathon) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Taneshia Laird waiver sent on 2/27/2019, answer due 4/29/2019. Document filed by Unichappell Music Inc.; Rick's Music, Inc.; Broadcast Music, Inc.; Smooth C Publishing; Windswept Holdings LLC; Elsie Louise Pitts Music; Hot-Cha Music Co.; Red Sea Songs; Songs of Universal, Inc.; Butterman Productions Inc.; PWMP Acquisition I LLC; House of Fun Music, Inc.; MJ Publishing Trust; Spirit One Music. (Lower, Jonathon) |
| Filing 19 FIRST MOTION for Sekou Campbell, Esquire to Appear Pro Hac Vice on behalf of Taneshia Laird. Filing fee $ 200.00, receipt number ANYSDC-16473610. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Taneshia Laird. (Attachments: #1 Exhibit Exhibit A-NJ Cert of Good Standing, #2 Exhibit Exhibit B-PA Cert of Good Standing, #3 Affidavit Exhibit C-Affidavit, #4 Text of Proposed Order Exhibit D-Proposed Order)(Campbell, Sekou) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 FIRST MOTION for Sekou Campbell, Esquire to Appear Pro Hac Vice on behalf of Taneshia Laird. Filing fee $ 200.00, receipt number ANYSDC-16473610. Motion and supporting papers to be reviewed by Clerk's Office staf. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 FIRST MOTION for Sekou Campbell, Esquire to Appear Pro Hac Vice on behalf of Taneshia Laird. Filing fee $ 200.00, receipt number ANYSDC-16473610. Motion and supporting papers to be reviewed by Clerk's Office staf. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint, served. My Image Studios LLC served on 3/4/2019, answer due 3/25/2019. Service was accepted by Sue Zouky, Authorized Agent for the New York Secretary of State. Document filed by Unichappell Music Inc.; Rick's Music, Inc.; Broadcast Music, Inc.; Smooth C Publishing; Windswept Holdings LLC; Elsie Louise Pitts Music; Hot-Cha Music Co.; Red Sea Songs; Songs of Universal, Inc.; Butterman Productions Inc.; PWMP Acquisition I LLC; House of Fun Music, Inc.; MJ Publishing Trust; Spirit One Music. (Lower, Jonathon) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Walter Edwards. (dnh) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Amilcar Priestley. (dnh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Taneshia Laird. (dnh) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Carlton Brown. (dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to My Image Studios LLC. (dnh) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Walter Edwards, re: #6 Complaint,. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappell Music Inc., Windswept Holdings LLC. (Lower, Jonathon) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Amilcar Priestley, re: #6 Complaint,. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappell Music Inc., Windswept Holdings LLC. (Lower, Jonathon) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Taneshia Laird, re: #6 Complaint,. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappell Music Inc., Windswept Holdings LLC. (Lower, Jonathon) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Carlton Brown, re: #6 Complaint,. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappell Music Inc., Windswept Holdings LLC. (Lower, Jonathon) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to My Image Studios LLC d/b/a Mist Harlem, re: #6 Complaint,. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappell Music Inc., Windswept Holdings LLC. (Lower, Jonathon) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on March 29, 2019 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. SO ORDERED. (Initial Conference set for 3/29/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/11/19) (yv)
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| Filing 6 COMPLAINT against Carlton Brown, Walter Edwards, Taneshia Laird, My Image Studios LLC, Amilcar Priestley. Document filed by Unichappell Music Inc., Rick's Music, Inc., Broadcast Music, Inc., Smooth C Publishing, Windswept Holdings LLC, Elsie Louise Pitts Music, Hot-Cha Music Co., Red Sea Songs, Songs of Universal, Inc., Butterman Productions Inc., PWMP Acquisition I LLC, House of Fun Music, Inc., MJ Publishing Trust, Spirit One Music.(Lower, Jonathon) |
| Filing 5 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathon Brugh Lower. The party information for the following party/parties has been modified: Unichappel Music Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathon Brugh Lower to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Due to party modification the wrong filer/filers were selected for the pleading; Unichappel Music Inc.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh) |
| 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Lower, Jonathon) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse Management, LLC, Corporate Parent Primary Wave Holdings, LLC, Corporate Parent Plainfield Specialty Holdings, Inc. for PWMP Acquisition I LLC; Corporate Parent TEGNA, Inc. for Broadcast Music, Inc.; Corporate Parent Warner/Chappell Music, Inc. for Rick's Music, Inc.; Corporate Parent Vivendi SA for Songs of Universal, Inc.; Corporate Parent Bug Music, Inc. for Windswept Holdings LLC; Corporate Parent Warner Music Group Corp. for Unichappel Music Inc.; Corporate Parent Spirit Music Group, Inc. for Spirit One Music. Document filed by Broadcast Music, Inc., Butterman Productions Inc., Elsie Louise Pitts Music, Hot-Cha Music Co., House of Fun Music, Inc., MJ Publishing Trust, PWMP Acquisition I LLC, Red Sea Songs, Rick's Music, Inc., Smooth C Publishing, Songs of Universal, Inc., Spirit One Music, Unichappel Music Inc., Windswept Holdings LLC.(Lower, Jonathon) |
| Filing 2 CIVIL COVER SHEET filed. (Lower, Jonathon) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Carlton Brown, Walter Edwards, Taneshia Laird, My Image Studios LLC, Amilcar Priestley. (Filing Fee $ 400.00, Receipt Number BNYSDC-16322805)Document filed by Unichappel Music Inc., Rick's Music, Inc., Broadcast Music, Inc., Smooth C Publishing, Windswept Holdings LLC, Elsie Louise Pitts Music, Hot-Cha Music Co., Red Sea Songs, Songs of Universal, Inc., Butterman Productions Inc., PWMP Acquisition I LLC, House of Fun Music, Inc., MJ Publishing Trust, Spirit One Music.(Lower, Jonathon) Modified on 2/11/2019 (dnh). |
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