ABKCO Music & Records, Inc. et al v. Coda Publising, Ltd. et al
Plaintiff: Universal Music Corp., Polygram Publishing, Inc., ABKCO Music & Records, Inc., UMG Recordings, Inc., Songs of Universal, Inc., Universal-Songs of Polygram International, Inc. and ABKCO Music, Inc.
Defendant: Vision Films, Inc., Coda Publising, Ltd., Gwilym Michael Davies, Robert Kirk Carruhters and Claire Anne Gambold
Case Number: 1:2019cv11892
Filed: December 30, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order Filing 43 ORDER FOR ADMISSION PRO HAC VICE granting #42 Motion for Jason C. Kravitz to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 2/26/2020) (rro)
February 26, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Jason C. Kravitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18917325. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 25, 2020 Opinion or Order Filing 42 MOTION for Jason C. Kravitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18917325. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold, Vision Films, Inc...(Kravitz, Jason)
February 14, 2020 Opinion or Order Filing 41 MEMO ENDORSEMENT on re: #38 Letter, filed by Coda Publising, Ltd., Robert Kirk Carruhters, Gwilym Michael Davies, Claire Anne Gambold. ENDORSEMENT: The Court is in receipt of Defendants' January 31, 2020 letter seeking an order directing Plaintiffs to file a more definite statement, pursuant to Federal Rule of Civil Procedure 12(e). (Dkt. #34). The Court is also in receipt of Plaintiffs February 7, 2020 letter opposing Defendants' motion (Dkt. #37), and Defendants' January 10, 2020 reply thereto (Dkt. #39). Plaintiffs' complaint alleges that Defendant Coda has created and produced documentary films which contain songs with copyrights owned by Plaintiffs. Plaintiff alleges that Defendant Carruthers is the director of such films and that Carruthers owns Coda with Defendants Gambold and Davies. Plaintiff alleges that Defendant Vision commercially distributes the allegedly infringing films on behalf and as an agent of Coda. Plaintiffs' complaint contains a chart listing the allegedly infringing film, the Amazon link for such film, the release year, director, content, content type, content songwriter or performer, and content owner. (See Dkt. #1). On February 13, 2020, Plaintiffs filed a document containing the copyright registration number for all of the allegedly infringing content in each film. (Dkt. #39). Defendants letter motion also claims that Defendants need a more definite statement to determine whether personal jurisdiction exists over the foreign defendants. (Dkt. #34 at 4). The Court directs Defendants to paragraph 30 of Plaintiffs' complaint which explains Plaintiffs' theory as to why this Court has jurisdiction over Defendants and these claims. The Court has determined that Plaintiffs complaint meets the requirements of Rule 8. Accordingly, Defendants' Rule 12(e) motion is DENIED. (Signed by Judge Katherine Polk Failla on 2/14/2020) (rro)
February 14, 2020 Opinion or Order Filing 40 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..(sj)
February 13, 2020 Opinion or Order Filing 39 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit Exhibit A).(Kramer, Michael)
February 10, 2020 Opinion or Order Filing 38 LETTER addressed to Judge Katherine Polk Failla from Daniel A. Schnapp dated February 10, 2020 re: #37 #34 letter in reply to the correspondence filed by Plaintiffs, dated February 7, 2020.. Document filed by Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold..(Schnapp, Daniel)
February 7, 2020 Opinion or Order Filing 37 LETTER addressed to Judge Katherine Polk Failla from Michael B. Kramer dated February 7, 2020 re: Defendants' Letter Motion for a More Definite Statement. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Attachments: #1 Exhibit Complaint).(Kramer, Michael)
February 4, 2020 Opinion or Order Filing 36 ORDER granting #34 Letter Motion for Discovery. The Court is in receipt of the above January 31, 2020 letter form Defendants (Dkt. #34). Plaintiffs are ORDERED to respond to suchletter on or before February 7, 2020. Defendants time to file a responsive pleading is hereby STAYED until the Court resolves the pending Rule 12(e) motion. (Signed by Judge Katherine Polk Failla on 2/3/2020) (rro)
February 4, 2020 Opinion or Order Filing 35 AFFIDAVIT OF SERVICE of Summons and Complaint,. Vision Films, Inc. served on 1/15/2020, answer due 2/5/2020. Service was accepted by Mike Chan. Document filed by Songs of Universal, Inc.; UMG Recordings, Inc.; Universal Music Corp.; ABKCO Music, Inc.; ABKCO Music & Records, Inc.; Universal-Songs of Polygram International, Inc.; Polygram Publishing, Inc...(Kramer, Michael)
February 4, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 2/7/2020 (rro)
January 31, 2020 Opinion or Order Filing 34 LETTER MOTION for Discovery /request for an Order directing Plaintiffs to file a more definite statement addressed to Judge Katherine Polk Failla from Daniel A. Schnapp dated January 31, 2020. Document filed by Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold, Vision Films, Inc...(Schnapp, Daniel)
January 31, 2020 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Daniel Adam Schnapp on behalf of Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold, Vision Films, Inc...(Schnapp, Daniel)
January 30, 2020 Opinion or Order Filing 32 AFFIDAVIT OF SERVICE of Summons and Complaint,. Claire Anne Gambold served on 1/20/2020, answer due 2/10/2020. Service was accepted by M. Gilbert. Service was made by Mail. Document filed by Songs of Universal, Inc.; UMG Recordings, Inc.; Universal Music Corp.; ABKCO Music, Inc.; ABKCO Music & Records, Inc.; Universal-Songs of Polygram International, Inc.; Polygram Publishing, Inc.. (Kramer, Michael)
January 30, 2020 Opinion or Order Filing 31 AFFIDAVIT OF SERVICE of Summons and Complaint,. Gwilym Michael Davies served on 1/17/2020, answer due 2/7/2020. Service was accepted by D. Digby. Service was made by MAIL. Document filed by Songs of Universal, Inc.; UMG Recordings, Inc.; Universal Music Corp.; ABKCO Music, Inc.; ABKCO Music & Records, Inc.; Universal-Songs of Polygram International, Inc.; Polygram Publishing, Inc.. (Kramer, Michael)
January 30, 2020 Opinion or Order Filing 30 AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert Kirk Carruhters served on 1/17/2020, answer due 2/7/2020. Service was accepted by J. Gilbert. Service was made by MAIL. Document filed by Songs of Universal, Inc.; UMG Recordings, Inc.; Universal Music Corp.; ABKCO Music, Inc.; ABKCO Music & Records, Inc.; Universal-Songs of Polygram International, Inc.; Polygram Publishing, Inc.. (Kramer, Michael)
January 30, 2020 Opinion or Order Filing 29 AFFIDAVIT OF SERVICE of Summons and Complaint,. Coda Publising, Ltd. served on 1/17/2020, answer due 2/7/2020. Service was accepted by A Michelle. Service was made by MAIL. Document filed by Songs of Universal, Inc.; UMG Recordings, Inc.; Universal Music Corp.; ABKCO Music, Inc.; ABKCO Music & Records, Inc.; Universal-Songs of Polygram International, Inc.; Polygram Publishing, Inc.. (Kramer, Michael)
January 14, 2020 Opinion or Order Filing 28 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/25/2020 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/14/2020) (va)
January 7, 2020 Opinion or Order Filing 27 ELECTRONIC SUMMONS ISSUED as to Vision Films, Inc.. (dnh)
January 7, 2020 Opinion or Order Filing 26 ELECTRONIC SUMMONS ISSUED as to Gwilym Michael Davies. (dnh)
January 7, 2020 Opinion or Order Filing 25 ELECTRONIC SUMMONS ISSUED as to Claire Anne Gambold. (dnh)
January 7, 2020 Opinion or Order Filing 24 ELECTRONIC SUMMONS ISSUED as to Coda Publising, Ltd.. (dnh)
January 7, 2020 Opinion or Order Filing 23 ELECTRONIC SUMMONS ISSUED as to Robert Kirk Carruhters. (dnh)
January 6, 2020 Opinion or Order Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Vision Films, Inc., re: #17 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
January 6, 2020 Opinion or Order Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Gwilym Michael Davies, re: #17 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
January 6, 2020 Opinion or Order Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Clare Anne Gambold, re: #17 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
January 6, 2020 Opinion or Order Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Coda Publishing, Ltd., re: #17 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
January 6, 2020 Opinion or Order Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Kirk Carruthers, re: #17 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
January 2, 2020 Opinion or Order Filing 17 COMPLAINT against Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold, Vision Films, Inc.. Document filed by Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., ABKCO Music, Inc., ABKCO Music & Records, Inc., Universal-Songs of Polygram International, Inc., Polygram Publishing, Inc.. (Attachments: #1 Exhibit Exhibit A)(Kramer, Michael)
January 2, 2020 Opinion or Order Filing 16 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold, Vision Films, Inc.. Document filed by Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc., Polygram Publishing, Inc.. (Attachments: #1 Exhibit Exhibit A)(Kramer, Michael) Modified on 1/2/2020 (pne).
January 2, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne)
January 2, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Barrie Kramer to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF attached for the Initial Pleading does not clearly indicate what type of document is being filed (Complaint, Petition, Short Form Complaint, etc.). Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the corrected PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 1/7/2020. (pne)
January 2, 2020 Opinion or Order Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
January 2, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Barrie Kramer to RE-FILE Document No. #16 Complaint,. The filing is deficient for the following reason(s): all filers were not selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)
January 2, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Barrie Kramer to RE-FILE Document No. #13 Request for Issuance of Summons, #15 Request for Issuance of Summons, #11 Request for Issuance of Summons, #12 Request for Issuance of Summons, #14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the summons requests are linked to a pleading that was not accepted by the Court; re-file the summons requests and link them to the correctly filed 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 summons form PDF. (pne)
January 2, 2020 Opinion or Order Case Designated ECF. (pne)
January 2, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Michael Barrie Kramer to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pne)
December 30, 2019 Opinion or Order Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Vision Films, Inc., re: #1 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
December 30, 2019 Opinion or Order Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Gwilym Michael Davies, re: #1 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
December 30, 2019 Opinion or Order Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Clare Anne Gambold, re: #1 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
December 30, 2019 Opinion or Order Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Kirk Carruthers, re: #1 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
December 30, 2019 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Coda Publishing, Ltd., re: #1 Complaint,. Document filed by ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
December 30, 2019 Opinion or Order Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi S.A. for Universal Music Corp.. Document filed by Universal Music Corp..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi S.A. for Songs of Universal, Inc.. Document filed by Songs of Universal, Inc..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi S.A. for Polygram Publishing, Inc.. Document filed by Polygram Publishing, Inc..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi S.A. for Universal-Songs of Polygram International, Inc.. Document filed by Universal-Songs of Polygram International, Inc..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi S.A. for UMG Recordings, Inc.. Document filed by UMG Recordings, Inc..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ABKCO Music & Records, Inc. for ABKCO Music, Inc.. Document filed by ABKCO Music, Inc..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate ABKCO Music, Inc. for ABKCO Music & Records, Inc.. Document filed by ABKCO Music & Records, Inc..(Kramer, Michael)
December 30, 2019 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Peter Thomas Salzler on behalf of ABKCO Music & Records, Inc., ABKCO Music, Inc., Polygram Publishing, Inc., Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., Universal-Songs of Polygram International, Inc.. (Salzler, Peter)
December 30, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Kramer, Michael)
December 30, 2019 Opinion or Order Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against Robert Kirk Carruhters, Coda Publising, Ltd., Gwilym Michael Davies, Claire Anne Gambold, Vision Films, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18385443)Document filed by Songs of Universal, Inc., UMG Recordings, Inc., Universal Music Corp., ABKCO Music, Inc., ABKCO Music & Records, Inc., Universal-Songs of Polygram International, Inc., Polygram Publishing, Inc.. (Attachments: #1 Exhibit Exhibit A)(Kramer, Michael) Modified on 1/2/2020 (pne).

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Plaintiff: Universal Music Corp.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Plaintiff: Polygram Publishing, Inc.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Plaintiff: ABKCO Music & Records, Inc.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Plaintiff: UMG Recordings, Inc.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Plaintiff: Songs of Universal, Inc.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Plaintiff: Universal-Songs of Polygram International, Inc.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Plaintiff: ABKCO Music, Inc.
Represented By: Michael Barrie Kramer
Represented By: Peter Thomas Salzler
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Defendant: Vision Films, Inc.
Represented By: Daniel Adam Schnapp
Represented By: Jason Charles Kravitz
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Defendant: Coda Publising, Ltd.
Represented By: Daniel Adam Schnapp
Represented By: Jason Charles Kravitz
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Defendant: Gwilym Michael Davies
Represented By: Daniel Adam Schnapp
Represented By: Jason Charles Kravitz
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Defendant: Robert Kirk Carruhters
Represented By: Daniel Adam Schnapp
Represented By: Jason Charles Kravitz
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Defendant: Claire Anne Gambold
Represented By: Daniel Adam Schnapp
Represented By: Jason Charles Kravitz
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