Clanton v. UMG Recordings, Inc. et al
| Solomon Clanton |
| UMG Recordings, Inc., Tyler Matthew Carl Williams, Tauheed Epps, Josh Valle, Matthew Jehu Williams, Kiari p/k/a Offset Cephus, Kennon Jackson, Gamebread, LLC, Does 1-20, Kiari Cephus, Does 1 through 20, Keenon Jackson and Matthew Jehu Samuels |
| 1:2020cv05841 |
| July 28, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.
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Filing 40
MEMO ENDORSEMENT on re: #39 Letter filed by Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc.. The request for an extension is GRANTED. SO ORDERED. (Motions due by 9/24/2021.) (Signed by Judge Lewis J. Liman on 8/27/2021) (tg)
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Filing 39
LETTER addressed to Judge Lewis J. Liman from Cynthia S. Arato dated August 27, 2021 re: Clanton v. UMG Recordings, Inc., et al., 1:20-cv-5841-LJL. Document filed by Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc...(Arato, Cynthia)
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Filing 38
CLERK'S JUDGMENT re: #37 Memorandum & Opinion, in favor of Gamebread, LLC, UMG Recordings, Inc., Kiari Cephus, Tauheed Epps against Solomon Clanton. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 16, 2021, the motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 25. In light of the Court's finding that there are no actionable similarities between the two compositions as a matter of law, amendment would be futile and the dismissal of the complaint is with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/17/2021) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 37
OPINION AND ORDER re: #25 MOTION to Dismiss Plaintiff's First Amended Complaint. filed by Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc. For the foregoing reasons, the motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 25. In light of the Court's finding that there are no actionable similarities between the two compositions as a matter of law, amendment would be futile and the dismissal of the complaint is with prejudice. See, e.g., Kaye v. Cartoon Network Inc., 297 F. Supp. 3d 362, 371 (S.D.N.Y. 2017) ("[T]he finding of a lack of substantial similarity turns on the works themselves and not on the artfulness or sufficiency of the pleading."); Thai v. Cayre Grp., Ltd., 726 F. Supp. 2d 323, 338 (S.D.N.Y. 2010) (denying leave to amend where there was no additional substantive information [plaintiff] could offer to cure the deficient pleadings with respect to her... claim"). The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Judge Lewis J. Liman on 8/16/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing 36
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Kiari Cephus, Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc.. (Attachments: #1 Declaration of C. Arato).(Arato, Cynthia)
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Filing 35
ORDER granting Letter re: #34 Extension of Time filed by Tauheed Epps, Gamebread, LLC, Kiari Cephus, UMG Recordings, Inc. Defendants reply to Plaintiff's opposition to the motion to dismiss is due by January 15, 2021. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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Filing 34
LETTER addressed to Judge Lewis J. Liman from Cynthia S. Arato dated December 22, 2020 re: Extension of Time. Document filed by Kiari Cephus, Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc...(Arato, Cynthia)
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Filing 33
MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 32
JOINDER to join re: #25 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Kiari Cephus..(Arato, Cynthia)
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Filing 31
NOTICE OF APPEARANCE by Amelia Courtney Hritz on behalf of Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc...(Hritz, Amelia)
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Filing 30
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Kiari Cephus served on 11/17/2020, answer due 12/8/2020. Service was accepted by Security Guard. Service was made by mail after substituted service was executed. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 29
ORDER: The initial pre-trial conference scheduled for today, November 17, 2020, was cancelled in light of the parties' joint letter. Dkt. No. 28. In their letter, the parties agreed that discovery should be stayed pending the Court's resolution of Defendants' motion to dismiss. Id. The parties' request for a stay of discovery is GRANTED. As requested by the parties, Plaintiffs' brief in opposition will be due December 11, 2020. SO ORDERED. ( Responses due by 12/11/2020) (Signed by Judge Lewis J. Liman on 11/17/2020) (va)
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Filing 28
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Solomon Clanton..(Steger, Michael)
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Filing 27
DECLARATION of Cynthia S. Arato in Support re: #25 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc.. (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, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD, #31 Exhibit Exhibit EE, #32 Exhibit Exhibit FF, #33 Exhibit Exhibit GG, #34 Exhibit Exhibit HH, #35 Exhibit Exhibit II, #36 Exhibit Exhibit JJ, #37 Exhibit Exhibit KK, #38 Exhibit Exhibit LL, #39 Exhibit Exhibit MM, #40 Exhibit Exhibit NN, #41 Exhibit Exhibit OO).(Arato, Cynthia)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc...(Arato, Cynthia)
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Filing 25
MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc...(Arato, Cynthia)
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Filing 24
ELECTRONIC AMENDED SUMMONS ISSUED as to Kiari Cephus, Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc., Josh Valle, Tyler Matthew Carl Williams..(jgo)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Keenon Jackson, Matthew Jehu Samuels..(jgo)
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Filing 22
REQUEST FOR ISSUANCE OF SUMMONS as to KEENON JACKSON p/k/a YG, an individual; MATTHEW JEHU SAMUELS p/k/a Boi-1da, an individual, re: #18 Amended Complaint,. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 21
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to UMG RECORDINGS, INC., a Delaware corporation; GAMEBREAD, LLC, a limited liability company; TAUHEED EPPS p/k/a 2CHAINZ, an individual; KIARI CEPHUS p/k/a OFFSET, an individual; TYLER MATTHEW CARL WILLIAMS p/k/a T-MINUS, an individual; JOSH VALLE, an individual, re: #18 Amended Complaint,. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 20
NOTICE of Consent to File Corrected First Amended Complaint re: #18 Amended Complaint,. Document filed by Solomon Clanton..(Steger, Michael)
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Filing 19
EXHIBIT TO PLEADING re: #18 Amended Complaint,. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 18
FIRST AMENDED COMPLAINT amending #1 Complaint, against Kiari Cephus, Does 1 through 20, Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc., Josh Valle, Tyler Matthew Carl Williams, Keenon Jackson, Matthew Jehu Samuels with JURY DEMAND.Document filed by Solomon Clanton. Related document: #1 Complaint,..(Burroughs, Scott) Modified on 10/9/2020 (gp). Modified on 10/15/2020 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Douglas Steger to RE-FILE re: Document No. #17 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Def Jam Recordings with party text 'a business entity'; all of the parties whom the pleading is against were not selected; the pleading was filed incorrectly on the due date, threfore Court's leave must be granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 17
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Kiari Cephus, Does 1 through 20, Tauheed Epps, Gamebread, LLC, Kennon Jackson, UMG Recordings, Inc., Josh Valle, Matthew Jehu Williams, Tyler Matthew Carl Williams with JURY DEMAND.Document filed by Solomon Clanton. Related document: #1 Complaint,..(Steger, Michael) Modified on 10/8/2020 (jgo).
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Filing 16
NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Tauheed Epps, Gamebread, LLC, UMG Recordings, Inc...(Arato, Cynthia)
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Filing 15
STIPULATION AND ORDER RE FILING OF AMENDED COMPLAINT, IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiff Solomon Clanton and counsel for the Defendants UMG RECORDINGS, INC ("UMG"), GAMEBREAD, LLC, and TAUHEED EPPS p/k/a 2CHAINZ (collectively the "Appearing Defendants") that: (1)Plaintiff may file his First Amended Complaint on or before October 7, 2020; (2)Plaintiff's filing of his First Amended Complaint pursuant to this Stipulation and Order shall not constitute an amended pleading as of right pursuant to Federal Rule of Civil Procedure 15(a)(1), such that Plaintiff will preserve his right to file a further amended complaint as of right, in accordance with Federal Rule of Civil Procedure15(a)(1); (3)The Appearing Defendants shall have until November 10, 2020 to respond to the First Amended Complaint; and (4)The Appearing Defendants waive any and all claims, defenses or objections regarding the sufficiency of service of process upon them. So Ordered. ( Amended Pleadings due by 10/7/2020.) (Signed by Judge Lewis J. Liman on 10/2/20) (yv)
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Filing 14
ORDER granting #13 Letter Motion for Leave to File Document and to Adjourn Conference. The Initial Pretrial Conference is rescheduled to November 17, 2020 at 11:00AM. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf)
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Set/Reset Hearings: Telephonic Initial Conference set for 11/17/2020 at 11:00 AM before Judge Lewis J. Liman. (mf)
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Filing 13
JOINT LETTER MOTION for Leave to File Amended Complaint and to Adjourn Conference addressed to Judge Lewis J. Liman from Michael D. Steger dated October 1, 2020. Document filed by Solomon Clanton. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order).(Steger, Michael)
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Filing 12
CERTIFICATE OF SERVICE of Summons and Complaint,. Kennon Jackson served on 9/10/2020, answer due 10/1/2020. Service was accepted by Brian Cole, Security Guard authorized to accept service. Service was made by mail after substituted service was executed. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. UMG Recordings, Inc. waiver sent on 8/3/2020, answer due 10/2/2020. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Kiari Cephus, Does 1 through 20, Tauheed Epps, Gamebread, LLC, Kennon Jackson, UMG Recordings, Inc., Josh Valle, Matthew Jehu Williams, Tyler Matthew Carl Williams..(dnh)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to UMG RECORDINGS, INC., a Delaware corporation; GAMEBREAD, LLC, a limited liability company; TAUHEED EPPS p/k/a 2CHAINZ, an individual; KENNON JACKSON p/k/a YG, an individual; KIARI CEPHUS p/k/a OFFSET, an individual; TYLER MATTHEW CARL WILLIAMS p/k/a T-MINUS, an individual; JOSH VALLE, an individual; MATTHEW JEHU WILLIAMS, an individual; and DOES 1 THROUGH 20, re: #1 Complaint,. Document filed by Solomon Clanton..(Burroughs, Scott)
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Filing 8
NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Solomon Clanton..(Zaharia, Laura)
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Filing 7
NOTICE OF APPEARANCE by Scott Alan Burroughs on behalf of Solomon Clanton..(Burroughs, Scott)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on October 9, 2020, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Initial Conference set for 10/9/2020 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 8/3/2020) (va)
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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)
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Filing 4
CIVIL COVER SHEET filed..(Steger, Michael)
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Filing 3
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Steger, Michael)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Douglas Steger. The party information for the following party/parties has been modified: Solomon Clanton; UMG Recordings, Inc.; Gamebread, LLC; Tauheed Epps; Kennon Jackson; Kiari p/k/a Offset Cephus; Tyler Matthew Carl Williams; Josh Valle; Matthew Jehu Williams; Does 1-20. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; alias party name was omitted;. (jgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Douglas Steger. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Michael Douglas Steger to RE-FILE Document No. #2 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the PDF attached to the docket entry for the AO 121 Copyright form is not correct; defendant party name on the PDF case caption does not match as it appears on the pleading caption. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (jgo)
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Magistrate Judge Gabriel W. Gorenstein 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 2
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Steger, Michael)
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Filing 1
COMPLAINT against Kiari p/k/a Offset Cephus, Does 1-20, Tauheed Epps, Gamebread, LLC, Kennon Jackson, UMG Recordings, Inc., Josh Valle, Matthew Jehu Williams, Tyler Matthew Carl Williams. (Filing Fee $ 400.00, Receipt Number ANYSDC-20893996)Document filed by Solomon Clanton..(Steger, Michael)
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