11-7 Recording Corp. et al v. Cummings
| 11-7 Recording Corp. d/b/a Better Noise Music, Kovac Media Group, Inc. d/b/a 10th Street Entertainment, Five Nineteen Music Publishing, Inc., 11-7 Recording Corp. a California Corporation doing business as Better Noise Music and Kovac Media Group, Inc. a California Corporation doing business as 10th Street Entertainment |
| Thomas P. Cummings |
| 1:2021cv07074 |
| August 20, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
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Filing 32
STIPULATED INJUNCTION AND ORDER: IT IS HEREBY STIPULATED, AGREED AND ORDERED that: 1. The Court has personal jurisdiction over the parties to this action. The Court has federal question jurisdiction pursuant to 28 U.S.C. 1331 and 1338 over the Copyright Act and Lanham Act claims asserted in the First Amended Complaint, and the Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. 1338(b) and 1367. 2. From now until November 8, 2021, Vext and his agents, employees, attorneys and those in active concert or participation with them, shall not (a) leak, release, or otherwise disseminate any of Better Noise Music's copyrighted sound recordings or music videos, (b) record, perform for the purpose of recording, release, license or otherwise disseminate music to the public or third parties absent Better Noise Music's written consent, or (c) make death threats, threats of violence, or incite others to commit violence against Better Noise Music, members of the band Bad Wolves, or any of its owners, officers, employees, attorneys, agents or other representatives. Nothing in this section is intended to place any limitations on Vext's ability to perform live music, only the dissemination of recorded music. 3. Nothing in this Stipulation shall be construed as an admission or concession of liability by Vext regarding any of the factual allegations or legal arguments made in the First Amended Complaint or the Motion. 4. This Order and Stipulated Injunction shall be effective immediately upon its entry. The Clerk of Court is directed to terminate ECF No. 18. The conference scheduled for today is hereby CANCELED. If the case does not settle at the mediation, the parities shall submit a joint letter within one week of the mediation proposing next steps in the litigation. Motions terminated: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION. filed by 11-7 Recording Corp. (Signed by Judge Jesse M. Furman on 10/18/2021) (rro)
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| Filing 31 PROPOSED STIPULATION AND ORDER. Document filed by 11-7 Recording Corp., Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc...(Frid, Alexander) |
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Filing 30
ORDER: As stated on the record during the teleconference held earlier today: It is hereby ORDERED the parties shall file a proposed stipulated order resolving Plaintiffs' motion for preliminary injunction, see ECF No. 18, no later than October 18, 2021, at 10:00 a.m., if they are able to reach an agreement. If the parties are unable to reach an agreement and do not file a proposed stipulated order by that time, the parties shall appear via telephone on October 18, 2021, at 1:00 p.m. by calling the Court's dedicated conference call line at (888) 363-4749, using access code 542-1540 followed by the pound (#) key. SO ORDERED. ( Telephone Conference set for 10/18/2021 at 01:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 10/12/2021) (vfr)
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Filing 29
MEMO ENDORSEMENT granting #28 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 28. So Ordered. Attorney Michael S. Cryan terminated. (Signed by Judge Jesse M. Furman on 10/12/2021) (js)
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| Filing 28 MOTION for Michael S. Cryan to Withdraw as Attorney . Document filed by Thomas P. Cummings..(Cryan, Michael) |
| Filing 27 NOTICE OF APPEARANCE by Timothy Charles Parlatore on behalf of Thomas P. Cummings..(Parlatore, Timothy) |
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Filing 26
ORDER with respect to #18 Motion for Preliminary Injunction: The Court will hold a telephone conference tomorrow, October 12, 2021, at 4:00 p.m., to address the next steps in this case in light of the motion for a preliminary injunction. Counsel should be prepared to address, among other things, (1) a briefing schedule; (2) whether there is a need for discovery or an evidentiary hearing; (3) whether the motion should be consolidated with the merits; and (4) whether the Court could do anything to facilitate settlement. To access the conference, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for teleconferences described in the Court's Individual Rules and Practices for Civil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (km) |
| Filing 25 PROPOSED ORDER. Document filed by 11-7 Recording Corp.. Related Document Number: #18 ..(Frid, Alexander) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 24 NOTICE of REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF 11-7 RECORDING CORP.S MOTION FOR PRELIMINARY INJUNCTION re: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION.. Document filed by 11-7 Recording Corp...(Frid, Alexander) |
| Filing 23 AFFIDAVIT of A. Sasha Frid in Support re: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION.. Document filed by 11-7 Recording Corp.. (Attachments: #1 Exhibit A to Sasha Affidavit, #2 Exhibit B to Sasha Affidavit, #3 Exhibit C to Sasha Affidavit).(Frid, Alexander) |
| Filing 22 AFFIDAVIT of Steve Kline in Support re: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION.. Document filed by 11-7 Recording Corp.. (Attachments: #1 Exhibit A to Affidavit of Steve Kline, #2 Exhibit B to Affidavit of Steve Kline, #3 Exhibit C to Affidavit of Steve Kline, #4 Exhibit D to Affidavit of Steve Kline, #5 Exhibit E to Affidavit of Steve Kline, #6 Exhibit F to Affidavit of Steve Kline, #7 Exhibit G to Affidavit of Steve Kline, #8 Exhibit H to Affidavit of Steve Kline, #9 Exhibit I to Affidavit of Steve Kline, #10 Exhibit J to Affidavit of Steve Kline).(Frid, Alexander) |
| Filing 21 AFFIDAVIT of Dan Lieblein in Support re: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION.. Document filed by 11-7 Recording Corp.. (Attachments: #1 Affidavit Affidavit of Dan Lieblein).(Frid, Alexander) |
| Filing 20 AFFIDAVIT of Alex Hock in Support re: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION.. Document filed by 11-7 Recording Corp.. (Attachments: #1 Exhibit A to Affidavit of Alex Hock, #2 Exhibit B to Affidavit of Alex Hock).(Frid, Alexander) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION. . Document filed by 11-7 Recording Corp...(Frid, Alexander) |
| Filing 18 MOTION for Preliminary Injunction NOTICE OF MOTION FOR PRELIMINARY INJUNCTION. Document filed by 11-7 Recording Corp...(Frid, Alexander) |
| Filing 17 FIRST AMENDED COMPLAINT amending #1 Complaint, against Thomas P. Cummings with JURY DEMAND.Document filed by 11-7 Recording Corp., Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A to FAC, #2 Exhibit Exhibit B to FAC, #3 Exhibit Exhibit C to FAC).(Frid, Alexander) |
| Filing 16 CERTIFICATE OF SERVICE of Court's Notice of Initial Pretrial Conference; and Honorable Jesse M. Furman's Individual Rules of Civil Practice served on Thomas P. Cummings P/K/A Tommy Vext on September 8, 2021. Service was accepted by Counsel for Defendant - Malcolm S. McNeil; David G. Bayles; Gus N. Paras. Document filed by 11-7 Recording Corp., Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc...(Frid, Alexander) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time. Application GRANTED. Defendant shall answer, move to dismiss, or otherwise respond to the Complaint by October 26, 2021. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED.. (Signed by Judge Jesse M. Furman on 9/9/2021) (kv)
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| Set/Reset Deadlines: Thomas P. Cummings answer due 10/26/2021. Motions due by 10/26/2021. (kv) |
| Filing 14 LETTER MOTION for Extension of Time to move to dismiss, move to strike, answer, or otherwise respond to the Complaint, addressed to Judge Jesse M. Furman from Michael S. Cryan dated 9/8/2021. Document filed by Thomas P. Cummings..(Cryan, Michael) |
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Filing 13
ORDER granting #11 Motion for DAVID W. SCHECTER to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 12
ORDER granting #10 Motion for ALEXANDER SASHA FRID to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for ALEXANDER SASHA FRID to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25006153. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for DAVID W. SCHECTER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25006173. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 11 MOTION for DAVID W. SCHECTER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25006173. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 11-7 Recording Corp., Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc.. (Attachments: #1 Affidavit Affidavit of DWS ISO Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit A to Affidavit of DWS, #3 Text of Proposed Order Order for Admission Pro Hac Vice for DWS).(Schecter, David) |
| Filing 10 MOTION for ALEXANDER SASHA FRID to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25006153. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 11-7 Recording Corp., Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc.. (Attachments: #1 Affidavit Affidavit of ASF ISO Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit A to Affidavit of ASF, #3 Text of Proposed Order Order for Admission Pro Hac Vice for ASF).(Frid, Alexander) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Thomas P. Cummings. (sj) |
| Filing 8 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..(pc) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/1/2021 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/24/2021) (tg) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas P. Cummings, re: #1 Complaint,. Document filed by 11-7 Recording Corp., Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc...(Brody, Lauren) |
| Filing 5 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Brody, Lauren) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Lauren Marie Brody 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren Marie Brody. The party information for the following party/parties has been modified: Thomas P. Cummings,, Kovac Media Group, Inc. d/b/a 10th Street Entertainment, 11-7 Recording Corp. d/b/a Better Noise Music. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted; alias party name was entered incorrectly. (vf) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lauren Marie Brody to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O.440 (Rev. 6/12) Summons in a Civil Case form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 11-7 Recording Corp. d/b/a Better Noise Music, Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc. d/b/a 10th Street Entertainment..(Brody, Lauren) |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas P. Cummings, re: #1 Complaint,. Document filed by 11-7 Recording Corp. d/b/a Better Noise Music, Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc. d/b/a 10th Street Entertainment..(Brody, Lauren) Modified on 8/23/2021 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Brody, Lauren) |
| Filing 1 COMPLAINT against Thomas P. Cummings. (Filing Fee $ 402.00, Receipt Number ANYSDC-24965309)Document filed by 11-7 Recording Corp. d/b/a Better Noise Music, Five Nineteen Music Publishing, Inc., Kovac Media Group, Inc. d/b/a 10th Street Entertainment. (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Exhibit Exhibit B to Complaint, #3 Exhibit Exhibit C to Complaint, #4 Appearance of Counsel, #5 Form AO 121).(Brody, Lauren) |
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