UMG Recordings, Inc. et al v. Internet Archive et al
| UMG Recordings, Inc., Capitol Records, LLC, Concord Bicycle Assets, LLC, CMGI Recorded Music Assets LLC, Sony Music Entertainment and Arista Music |
| Internet Archive, Brewster Kahle, Kahle/Austin Foundation, George Blood and George Blood L.P. |
| 1:2023cv07133 |
| August 11, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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Filing 55
DECLARATION of Wade Leak in Opposition re: #48 MOTION to Transfer Case .. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 54
DECLARATION of Gregg Goldman in Opposition re: #48 MOTION to Transfer Case .. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 53
DECLARATION of Alasdair McMullan in Opposition re: #48 MOTION to Transfer Case .. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 52
DECLARATION of Corey Miller in Opposition re: #48 MOTION to Transfer Case .. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc.. (Attachments: #1 Exhibit 1 - Plts Initial Disclosures, #2 Exhibit 2 - Defs' Initial Disclosures, #3 Exhibit 3 - Def's Initial Disclosures, #4 Exhibit 4 - screenshot, #5 Exhibit 5 - screenshot, #6 Exhibit 6 - webpage, #7 Exhibit 7 - webpage).(Miller, Corey)
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Filing 51
MEMORANDUM OF LAW in Opposition re: #48 MOTION to Transfer Case . . Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 50
DECLARATION of Brewster Kahle in Support re: #48 MOTION to Transfer Case .. Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle, Kahle/Austin Foundation..(Stillman, Allison)
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Filing 49
MEMORANDUM OF LAW in Support re: #48 MOTION to Transfer Case . . Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle, Kahle/Austin Foundation..(Stillman, Allison)
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Filing 48
MOTION to Transfer Case . Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle, Kahle/Austin Foundation..(Stillman, Allison)
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Filing 47
LETTER addressed to Judge Lorna G. Schofield from Allison L. Stillman dated October 4, 2023 re: Pre-Motion Conference Letter for Defendants Internet Archive, Kahle, Blood, and George Blood L.P.'s Anticipated Motion to Dismiss. Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle..(Stillman, Allison)
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Filing 46
LETTER addressed to Judge Lorna G. Schofield from Jessica E. Lanier dated October 4, 2023 re: Pre-Motion Conference Letter for Defendant Khale/Austin Foundation's Anticipated Motion to Dismiss. Document filed by Kahle/Austin Foundation..(Lanier, Jessica)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jessica Elaine Lanier to RE-FILE Document #37 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Jessica E. Lanier dated October 4, 2023. Use the event type Letter found under the event list Other Documents. (db)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Allison Levine Stillman to RE-FILE Document #35 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Allison L. Stillman dated October 4, 2023. Use the event type Letter found under the event list Other Documents. (db)
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Filing 45
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 12/18/2023. Joinder of Parties due by 12/18/2023. Fact Discovery due by 2/15/2024. Expert Discovery due by 4/1/2024. This case is to be tried to a jury. Telephone Conference set for 4/17/2024 at 04:20 PM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Courts calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. Any struck-through dates for which an alternatedeadline has not been designated shall be selected bythe parties. So Ordered. (Signed by Judge Lorna G. Schofield on 10/19/2023) (rro)
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Filing 44
ORDER: ORDERED that Defendants shall file a single transfer motion by November 1, 2023. Plaintiffs shall file a response by November 15, 2023. Defendants shall file a reply by November 21, 2023. All filings shall comply with the Court's Individual Rules, including page limits. It is further ORDERED that the parties shall file a joint letter by November 17, 2023, and every 30 days thereafter, containing the information described in the Court's Individual Rule IV.A.2. A case management plan will issue separately. ( Motions due by 11/1/2023., Responses due by 11/15/2023, Replies due by 11/21/2023.) (Signed by Judge Lorna G. Schofield on 10/13/2023) (rro)
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Filing 43
ORDER granting #42 Motion for Brent Thomas Murphy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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***DELETED NOTICE. Deleted NOTICE REGARDING PRO HAC VICE MOTION. The notice was incorrectly filed in this case. (va)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Brent Thomas Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28422425. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 42
MOTION for Brent Thomas Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28422425. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle. (Attachments: #1 Affidavit /Declaration of Brent T. Murphy in Support of Motion to Appear Pro Hac Vice, #2 Exhibit A: Certificates of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Murphy, Brent)
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Filing 41
NOTICE of Corrected Filings re: #40 Letter, #39 Letter,. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc.. (Attachments: #1 Exhibit Plaintiffs' Response to Internet Archive, Kahle, Blood, and George Blood L.P.s Pre-Motion Letter, #2 Exhibit Plaintiffs Response to the Kahle-Austin Foundations Pre-Motion Letter).(Miller, Corey)
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Filing 40
LETTER addressed to Judge Lorna G. Schofield re: Plaintiffs Response to the Kahle-Austin Foundations Pre-Motion Letter. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 39
LETTER addressed to Judge Lorna G. Schofield re: Plaintiffs' Response to Internet Archive, Kahle, Blood, and George Blood L.P.s Pre-Motion Letter. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 38
PROPOSED CASE MANAGEMENT PLAN. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 37
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Jessica E. Lanier dated October 4, 2023. Document filed by Kahle/Austin Foundation..(Lanier, Jessica) Modified on 10/25/2023 (db).
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Filing 36
NOTICE OF APPEARANCE by Mark Conrad on behalf of Kahle/Austin Foundation..(Conrad, Mark)
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Filing 35
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Allison L. Stillman dated October 4, 2023. Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle. (Stillman, Allison) Modified on 10/25/2023 (db).
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Filing 34
ORDER granting #29 Motion for Mark Russell Conrad to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 33
MEMO ENDORSEMENT on re: #31 Letter, filed by Arista Music, Concord Bicycle Assets, LLC, Capitol Records, LLC, CMGI Recorded Music Assets LLC, Sony Music Entertainment, UMG Recordings, Inc. ENDORSEMENT: The initial pretrial conference scheduled for October 4, 2023, is adjourned to October 18, 2023, at 4:20 P.M. By October 4, 2023, Defendants shall file a pre-motion letter describing their proposed motions to dismiss under FRCP 12. Plaintiff shall respond to that letter by October 11, 2023. All letters shall comply with the Court's Individual Rules, including page limits. Also by October 11, 2023, the parties shall re-file their proposed Case Management Plan with proposed dates for discovery deadlines. Absent compelling circumstances, the Court does not stay discovery pending decision on a motion to dismiss. So Ordered. ( Initial Conference set for 10/18/2023 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/28/2023) (vfr)
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Filing 32
PROPOSED CASE MANAGEMENT PLAN. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 31
JOINT LETTER addressed to Judge Lorna G. Schofield dated September 27, 2023 re: Initial Pretrial Conference. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 30
NOTICE OF APPEARANCE by Jessica Elaine Lanier on behalf of Kahle/Austin Foundation..(Lanier, Jessica)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Mark Russell Conrad to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28304079. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 29
MOTION for Mark Russell Conrad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28304079. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kahle/Austin Foundation. (Attachments: #1 Affidavit of Mark R. Conrad, #2 Proposed Order Text of Proposed Order).(Conrad, Mark)
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Filing 28
ORDER granting #27 Motion for Jessica Elaine Lanier to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Jessica Elaine Lanier 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. (sgz)
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Filing 27
MOTION for Jessica Elaine Lanier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kahle/Austin Foundation. (Attachments: #1 Affidavit of Jessica E. Lanier, #2 Proposed Order Text of Proposed Order).(Lanier, Jessica)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 MOTION for Jessica Elaine Lanier to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number BNYSDC-28271766. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit not notarized pursuant to Local Rule 1.3. 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. (va)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica Elaine Lanier to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number BNYSDC-28271766. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kahle/Austin Foundation. (Attachments: #1 Affidavit of Jessica E. Lanier, #2 Proposed Order Text of Proposed Order).(Lanier, Jessica) Modified on 9/12/2023 (va).
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Filing 25
ORDER granting #20 Motion for Andrew Gass to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 24
ORDER granting in part and denying in part #23 Letter Motion for Extension of Time. Application GRANTED in part and DENIED in part. Defendants shall answer, move or otherwise respond to the Complaint by October 13, 2023. Defendants' request to adjourn the initial pre-trial conference is denied. The conference shall proceed as scheduled on October 4, 2023. The parties shall file their joint materials by September 27, 2023.. (Signed by Judge Lorna G. Schofield on 9/11/2023) (jca)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Andrew Gass to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28263488. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Set/Reset Deadlines: George Blood answer due 10/13/2023; George Blood L.P. answer due 10/13/2023; Internet Archive answer due 10/13/2023; Brewster Kahle answer due 10/13/2023. (jca)
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Filing 23
CONSENT LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond to Plaintiffs' Complaint and for an Adjournment of the Initial Pre-Trial Conference addressed to Judge Lorna G. Schofield from Allison L. Stillman dated September 8, 2023. Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle..(Stillman, Allison)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by George Blood L.P...(Stillman, Allison)
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Filing 21
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Internet Archive..(Stillman, Allison)
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Filing 20
MOTION for Andrew Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28263488. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by George Blood, George Blood L.P., Internet Archive, Brewster Kahle. (Attachments: #1 Affidavit / Declaration of Andrew Gass in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Proposed Order Text of Proposed Order).(Gass, Andrew)
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Filing 19
NOTICE OF APPEARANCE by Dennis Mai on behalf of George Blood, George Blood L.P., Internet Archive, Brewster Kahle..(Mai, Dennis)
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Filing 18
NOTICE OF APPEARANCE by Allison Levine Stillman on behalf of George Blood, George Blood L.P., Internet Archive, Brewster Kahle..(Stillman, Allison)
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Filing 17
CERTIFICATE OF SERVICE of August 15, 2023 Order served on Defendants. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Tinelli, Danae)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint,. Brewster Kahle served on 8/31/2023, answer due 9/21/2023. Document filed by Arista Music; Concord Bicycle Assets, LLC; Capitol Records, LLC; CMGI Recorded Music Assets LLC; UMG Recordings, Inc.; Sony Music Entertainment..(Tinelli, Danae)
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Filing 15
AFFIDAVIT OF SERVICE of Summons and Complaint,. Internet Archive served on 8/24/2023, answer due 9/14/2023. Document filed by Arista Music; Concord Bicycle Assets, LLC; Capitol Records, LLC; CMGI Recorded Music Assets LLC; UMG Recordings, Inc.; Sony Music Entertainment..(Tinelli, Danae)
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Filing 14
AFFIDAVIT OF SERVICE of Summons and Complaint,. Kahle/Austin Foundation served on 8/24/2023, answer due 9/14/2023. Document filed by Arista Music; Concord Bicycle Assets, LLC; Capitol Records, LLC; CMGI Recorded Music Assets LLC; UMG Recordings, Inc.; Sony Music Entertainment..(Tinelli, Danae)
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Filing 13
AFFIDAVIT OF SERVICE of Summons and Complaint,. George Blood served on 8/24/2023, answer due 9/14/2023. Document filed by Arista Music; Concord Bicycle Assets, LLC; Capitol Records, LLC; CMGI Recorded Music Assets LLC; UMG Recordings, Inc.; Sony Music Entertainment..(Tinelli, Danae)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. George Blood L.P. served on 8/24/2023, answer due 9/14/2023. Document filed by Arista Music; Concord Bicycle Assets, LLC; Capitol Records, LLC; CMGI Recorded Music Assets LLC; UMG Recordings, Inc.; Sony Music Entertainment..(Tinelli, Danae)
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #12) AFFIDAVIT OF SERVICE of Summons and Complaint,. George Blood L.P. served on 8/24/2023, answer due 9/14/2023. Document filed by Arista Music; Concord Bicycle Assets, LLC; Capitol Records, LLC; CMGI Recorded Music Assets LLC; UMG Recordings, Inc.; Sony Music Entertainment..(Tinelli, Danae) Modified on 8/30/2023 (kj).
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Filing 10
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. As further set forth by this Order. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. Initial Conference set for 10/4/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/15/2023) (tg)
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Filing 9
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..(jgo)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to George Blood, George Blood L.P., Internet Archive, Brewster Kahle, Kahle/Austin Foundation..(jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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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Magistrate Judge Jennifer Willis 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 7
NOTICE OF APPEARANCE by Danae Tinelli on behalf of Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Tinelli, Danae)
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Filing 6
NOTICE OF APPEARANCE by Corey Michael Sclar Miller on behalf of Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Miller, Corey)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Internet Archive, Brewster Kahle, Kahle/Austin Foundation, George Blood, George Blood L.P.,, re: #1 Complaint,. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc.. (Attachments: #1 Exhibit A - Addresses).(Oppenheim, Matthew)
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Filing 4
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit A - Sound Recordings).(Oppenheim, Matthew)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sony Group Corporation for Arista Music, Sony Music Entertainment; Corporate Parent Universal Music Group N.V. for Capitol Records, LLC, UMG Recordings, Inc.; Corporate Parent Axton Copyrights, LLC for CMGI Recorded Music Assets LLC, Concord Bicycle Assets, LLC. Document filed by Arista Music, CMGI Recorded Music Assets LLC, Capitol Records, LLC, Concord Bicycle Assets, LLC, Sony Music Entertainment, UMG Recordings, Inc...(Oppenheim, Matthew)
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Filing 2
CIVIL COVER SHEET filed..(Oppenheim, Matthew)
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Filing 1
COMPLAINT against George Blood, George Blood L.P., Internet Archive, Brewster Kahle, Kahle/Austin Foundation. (Filing Fee $ 402.00, Receipt Number ANYSDC-28139541)Document filed by Arista Music, Concord Bicycle Assets, LLC, Capitol Records, LLC, CMGI Recorded Music Assets LLC, UMG Recordings, Inc., Sony Music Entertainment. (Attachments: #1 Exhibit A - Sound Recordings).(Oppenheim, Matthew)
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