EDE, LLC et al v. Utopia Music AG et al
| EDE, LLC, R. Eli Ball, Joe A. Sowell III Revocable Trust, Music World Entertainment Group, Marty Kelman, Ronald Lazarov, Stephen Madsen and Claritas Private Credit Fund, I, LP |
| Utopia Music AG and Utopia Music Holdings (US) Inc. |
| 1:2023cv08015 |
| September 11, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Other Statutes: Arbitration |
| 09 U.S.C. § 205 Removal from State Court: Enforcement of Foreign Arbital Awards |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 LETTER addressed to Judge Colleen McMahon from Leo G. Kailas dated November 9, 2023 re: Utopia's refusal to pay LCIA fee. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Kailas, Leo) |
| Filing 31 MEMO ENDORSEMENT: on re: #30 Letter filed by Marty Kelman, Joe A. Sowell III Revocable Trust, Claritas Private Credit Fund, I, LP, Music World Entertainment Group, R. Eli Ball, EDE, LLC, Stephen Madsen, Ronald Lazarov. ENDORSEMENT: There will be not be any oral argument. We will get to work on a decision immediately. (Signed by Judge Colleen McMahon on 11/06/2023) (ama) |
| Filing 30 LETTER addressed to Judge Colleen McMahon from Brett Van Benthysen dated November 3, 2023 re: Response to Court's Memo Endorsement. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 29 MEMO ENDORSEMENT on re: #28 Letter Nonpayment of Arbitration Fees, filed by Marty Kelman, Joe A. Sowell III Revocable Trust, Claritas Private Credit Fund, I, LP, Music World Entertainment Group, R. Eli Ball, EDE, LLC, Stephen Madsen, Ronald Lazarov. ENDORSEMENT : Are you asking me to do something. If so, make a motion. I note one email in the chain says payment is forthcoming. Certainly, if the LCIA dismisses the arbitration, I should hear about THAT. (Signed by Judge Colleen McMahon on 11/2/23) (yv) |
| Filing 28 LETTER addressed to Judge Colleen McMahon from Brett Van Benthysen dated October 30, 2023 re: Nonpayment of Arbitration Fees. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 27 DECLARATION of Brett Van Benthysen in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York .. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group. (Attachments: #1 Exhibit 10 - Music Ally news article about Utopia, #2 Exhibit 11 - Complete Music news article about Utopia, #3 Exhibit 12 - Digital Music News article about Utopia, #4 Exhibit 13 - Email attaching LCIA papers, #5 Exhibit 14 - Email from LCIA to parties, #6 Exhibit 15 - Email to Defendants concerning debt payments, #7 Exhibit 16 - Email to Defendants concerning debt payments, #8 Exhibit 17 - First Amended Complaint in SourceAudio v. Utopia, #9 Exhibit 18 - Letter filed in SourceAudio v. Utopia, #10 Exhibit 19 - Motion to Dismiss filed in SourceAudio v. Utopia).(Van Benthysen, Brett) |
| Filing 26 DECLARATION of R. Eli Ball in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York .. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York . . Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York . . Document filed by Utopia Music Holdings (US) Inc.. (Attachments: #1 Appendix of Unreported Cases).(Lari, Shahzeb) |
| Filing 23 DECLARATION of SHAHZEB LARI in Opposition re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York .. Document filed by Utopia Music Holdings (US) Inc.. (Attachments: #1 Exhibit 1 - State Court Docket).(Lari, Shahzeb) |
| Filing 22 DECLARATION of Brett Van Benthysen in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York .. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 21 MEMORANDUM OF LAW in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York . . Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Kailas, Leo) |
Filing 20
BRIEFING SCHEDULE ON MOTION FOR ATTACHMENT denying as moot #5 Motion to Compel Arbitration. I cannot help but observe that motions for attachments (or other provisional remedies) are rarely meritorious if they are made on a leisurely rather than an emergent schedule. However, having been alerted (by letter, not by order to show cause) to the existence of this motion, I will hear it and dispose of it forthwith. Plaintiffs must file a brief in support of their motion by 5 PM Thursday, October 12, 2023. The Defendants' response to the motion is due by 5 PM on Thursday, October 19, 2023, and reply papers are due by 5 PM on Monday, October 23, 2023. Courtesy copies are to be hand delivered to chambers, in accordance with my Local Rules. The motion at Docket #5 is DENIED as moot insofar as it seeks to compel arbitration and is DENIED insofar as it seeks dismissal of this action. The Clerk should remove the motion from the court's list of open motions. (Signed by Judge Colleen McMahon on 10/10/2023) (jca)
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| Filing 19 LETTER addressed to Judge Colleen McMahon from Brett Van Benthysen dated October 10, 2023 re: Motion for Attachment. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 18 MEMORANDUM OF LAW in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York . . Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Kailas, Leo) |
| Filing 17 REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Compel Arbitration and to Dismiss. . Document filed by Utopia Music Holdings (US) Inc.. (Attachments: #1 Appendix of Unreported Cases).(Lari, Shahzeb) |
| Set/Reset Deadlines: Responses due by 10/19/2023 Replies due by 10/23/2023. (jca) |
| Filing 16 NOTICE OF APPEARANCE by Brett Van Benthysen on behalf of R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Van Benthysen, Brett) |
| Filing 15 DECLARATION of Leo G. Kailas in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York .. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group. (Attachments: #1 Exhibit 6 - May 3, 2023 letter to Utopia, #2 Exhibit 7 - June 23, 2023 email with Utopia, #3 Exhibit 8 - NY Department of State Search Results, #4 Exhibit 9 - July 14, 2023 Plaintiffs' Memorandum of Law).(Kailas, Leo) |
| Filing 14 DECLARATION of R. Eli Ball in Support re: #13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York .. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group. (Attachments: #1 Exhibit 1 - SALE AND PURCHASE AGREEMENT UTOPIA MUSIC AG - LYRIC FINANCIAL LLC, #2 Exhibit 2 - July 13, 2023 Utopia news article, #3 Exhibit 3 - July 17, 2023 Utopia news article, #4 Exhibit 4 - July 24, 2023 Utopia news article, #5 Exhibit 5 - July 26, 2023 Utopia news article).(Kailas, Leo) |
| Filing 13 MOTION for Attachment accruing income streams due to Utopia Music from performing rights organizations, publishing companies, and streaming services located in New York . Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Kailas, Leo) |
| Filing 12 DECLARATION of Leo G. Kailas in Opposition re: #5 MOTION to Compel Arbitration and to Dismiss.. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group. (Attachments: #1 Exhibit 6 - May 3, 2023 letter to Utopia, #2 Exhibit 7 - June 23, 2023 email with Utopia, #3 Exhibit 8 - NY Department of State Search Results, #4 Exhibit 9 - July 14, 2023 Plaintiffs' Memorandum of Law).(Kailas, Leo) |
| Filing 11 DECLARATION of R. Eli Ball in Opposition re: #5 MOTION to Compel Arbitration and to Dismiss.. Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group. (Attachments: #1 Exhibit 1 - SALE AND PURCHASE AGREEMENT UTOPIA MUSIC AG - LYRIC FINANCIAL LLC, #2 Exhibit 2 - July 13, 2023 Utopia news article, #3 Exhibit 3 - July 17, 2023 Utopia news article, #4 Exhibit 4 - July 24, 2023 Utopia news article, #5 Exhibit 5 - July 26, 2023 Utopia news article).(Kailas, Leo) |
| Filing 10 MEMORANDUM OF LAW in Opposition re: #5 MOTION to Compel Arbitration and to Dismiss. . Document filed by R. Eli Ball, Claritas Private Credit Fund, I, LP, EDE, LLC, Joe A. Sowell III Revocable Trust, Marty Kelman, Ronald Lazarov, Stephen Madsen, Music World Entertainment Group..(Kailas, Leo) |
| Filing 9 CERTIFICATE OF SERVICE of Notice of Removal, and accompanying papers, filed on September 11, 2023 served on Reitler Kailas & Rosenblatt LLP on September 12, 2023. Service was made by Electronic Mail. Document filed by Utopia Music Holdings (US) Inc...(Lari, Shahzeb) |
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Filing 8
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:, It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided ( at least two business days before the conference date), the parties must participate in a telephone conference on 11/30/2023 at 11:30 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. ( Initial Conference set for 11/30/2023 at 11:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 9/18/23) (yv)
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| Filing 7 DECLARATION of SHAHZEB LARI in Support re: #5 MOTION to Compel Arbitration and to Dismiss.. Document filed by Utopia Music Holdings (US) Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Lari, Shahzeb) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Compel Arbitration and to Dismiss. . Document filed by Utopia Music Holdings (US) Inc.. (Attachments: #1 Appendix of Unreported Cases).(Lari, Shahzeb) |
| Filing 5 MOTION to Compel Arbitration and to Dismiss. Document filed by Utopia Music Holdings (US) Inc...(Lari, Shahzeb) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shahzeb Lari. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shahzeb Lari. The party information for the following party/parties has been modified: R. ELI BALL; JOE A. SOWELL III REVOCABLE TRUST; MUSIC WORLD ENTERTAINMENT GROUP; MARTY KELMAN; RONALD LAZAROV; STEPHEN MADSEN; CLARITAS PRIVATE CREDIT FUND, I, LP; UTOPIA MUSIC AG; UTOPIA MUSIC HOLDINGS (US) INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Magistrate Judge Valerie Figueredo 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) |
| Case Designated ECF. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UTOPIA MUSIC AG for UTOPIA MUSIC HOLDINGS (US) INC.. Document filed by UTOPIA MUSIC HOLDINGS (US) INC...(Lari, Shahzeb) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by UTOPIA MUSIC AG, UTOPIA MUSIC HOLDINGS (US) INC...(Lari, Shahzeb) Modified on 9/11/2023 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Lari, Shahzeb) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653413/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28268137).Document filed by UTOPIA MUSIC AG, UTOPIA MUSIC HOLDINGS (US) INC.. (Attachments: #1 Exhibit A - Part 1 State Court Filings, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit A - Part 5, #6 Exhibit A - Part 6, #7 Exhibit A - Part 7, #8 Exhibit A - Part 8, #9 Exhibit A - Part 9, #10 Exhibit A - Part 10, #11 Exhibit A - Part 11, #12 Exhibit A - Part 12, #13 Exhibit A - Part 13, #14 Exhibit A - Part 14, #15 Exhibit A - Part 15, #16 Exhibit A - Part 16, #17 Exhibit B - August 23, 2023 Email from State Court with Briefing Schedule).(Lari, Shahzeb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Shahzeb Lari to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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