UMG Recordings, Inc. et al v. Uncharted Labs, Inc. et al
| UMG Recordings, Inc., Warner Records Inc., Warner Records/SIRE Ventures LLC, Atlantic Recording Corporation, Warner Music Inc., Capitol Records, LLC, Arista Records LLC, Rhino Entertainment Company, Arista Music, Warner Records LLC, Sony Music Entertainment and Warner Music International Services Limited |
| Uncharted Labs, Inc., d/b/a Udio.com and John Does 1-10 |
| 1:2024cv04777 |
| June 24, 2024 |
| U.S. District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2025. A more recent docket listing may be available from PACER.
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Filing 38
ORDER REGARDING PRIOR REPRESENTATION: I write to advise the parties that between 1993 and 1998, as a partner of Stroock & Stroock & Lavan, I represented Warner Bros. Inc. and affiliated companies in defense of a class action against the record companies for alleged unpaid royalties. The case is Moore v. AFTRA, 93 Civ. 2358, in the U.S. District Court for the Northern District of Georgia. Within the first five years of becoming a district court judge, I recused myself from cases involving Warner Bros. However, there is no reason at this time why I should recuse myself. I am not biased, nor would there be an appearance of bias. I have had no contact with the company since becoming a judge. If any counsel wishes to lodge an objection, they should do so by addressing the Clerk of Court by August 28, 2024. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/22/2024) (mml)
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Filing 37
SCHEDULING ORDER: An initial pretrial conference was held on August 21, 2024. The parties shall agree to and submit a joint protective order, discovery protocol, and dates for performance of Fed. R. Civ. P. 33 and 34 discovery by September 19, 2024. The parties also shall exchange Fed. R. Civ. P. 26 disclosures. The parties shall appear for the next case management conference on September 26, 2024 at 10:30 a.m. in Courtroom 14D. Finally, by September 24, 2024, at 12:00 p.m., the parties shall jointly submit to the court a list of all counsel expected to appear, their contact information, and a joint agenda for the conference. SO ORDERED. Case Management Conference set for 9/26/2024 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 8/22/2024) (mml)
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| Filing 36 PROPOSED CASE MANAGEMENT PLAN. Document filed by Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(Kaba, Moez) |
| Filing 35 NOTICE OF APPEARANCE by Todd Steven Anten on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Anten, Todd) |
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Filing 34
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #33 Motion for Rajan S. Trehan to Appear Pro Hac Vice. The motion of Rajan S. Trehan for admission to practice pro hac vice in the above-captioned matter is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 8/15/24) (yv)
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| Filing 33 MOTION for Rajan S. Trehan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29751521. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC. (Attachments: #1 Affidavit Declaration of Rajan S. Trehan in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A -Trehan Certificate of Good Standing - CA, #3 Exhibit B - Trehan Certificate of Good Standing - DC, #4 Proposed Order Granting Pro Hac Vice).(Trehan, Rajan) |
| Filing 32 NOTICE OF APPEARANCE by Jonathan Zachary King on behalf of Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(King, Jonathan) |
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Filing 31
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE. The motion of Robert N. Klieger, for admission to practice pro hac vice in the above-captioned matter is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Attorney Robert N. Klieger for Arista Music,Robert N. Klieger for Arista Records LLC,Robert N. Klieger for Atlantic Recording Corporation,Robert N. Klieger for Capitol Records, LLC,Robert N. Klieger for Rhino Entertainment Company,Robert N. Klieger for Sony Music Entertainment,Robert N. Klieger for UMG Recordings, Inc.,Robert N. Klieger for Warner Music Inc.,Robert N. Klieger for Warner Music International Services Limited,Robert N. Klieger for Warner Records Inc.,Robert N. Klieger for Warner Records LLC,Robert N. Klieger for Warner Records/SIRE Ventures LLC admitted Pro Hac Vice.) (Signed by Judge Alvin K. Hellerstein on 8/14/24) (yv)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 MOTION for Robert N. Klieger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. 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.. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Rajan S. Trehan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29751521. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert N. Klieger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC. (Attachments: #1 Affidavit Declaration of Robert N. Klieger in Support of Motion to Admit Counsel Pro Hac Vice, #2 Affidavit A - Klieger Certificate of Good Standing, #3 Proposed Order Granting Pro Hac Vice).(Klieger, Robert) Modified on 8/14/2024 (rju). |
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Filing 29
SCHEDULING ORDER : The parties are hereby ordered to appear for an initial pretrial conference on August 21, 2024 at 11 a.m. in Courtroom 14D at 500 Pearl Street. The parties shall jointly submit a proposed case management plan by August 19, 2024. Finally, no later than August 19, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. (Initial Conference set for 8/21/2024 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/7/24) (yv)
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Filing 28
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #20 Motion for Brittany N. Lovejoy to Appear Pro Hac Vice. The motion of Brittany N. Lovejoy for admission to practice pro hac vice in the above-captioned matter is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 8/7/24) (yv)
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Filing 27
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #19 Motion for Andrew M. Gass to Appear Pro Hac Vice. The motion of Andrew M. Gass for admission to practice pro hac vice in the above-captioned matter is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 8/7/24) (yv)
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| Filing 26 ANSWER to #9 Complaint,. Document filed by Uncharted Labs, Inc., d/b/a Udio.com..(Feldman, Steven) |
| Filing 25 NOTICE OF APPEARANCE by Jessica Anne Rose on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Rose, Jessica) |
| Filing 24 NOTICE OF APPEARANCE by Andrew H. Schapiro on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Schapiro, Andrew) |
| Filing 23 NOTICE OF APPEARANCE by Alex Spiro on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Spiro, Alex) |
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Filing 22
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: WHEREAS, no scheduling order is in place and no other case deadlines have been entered; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the Parties, that: 1. Udio shall answer or otherwise respond to Plaintiffs' Complaint by August 1, 2024. 2. If Udio moves to dismiss by August 1, 2024, Plaintiffs may have an extension of two weeks to file an opposition, due on August 29, 2024. 3. Udio may have an extension of one week to file a reply to such opposition, due on September 12, 2024. 4. This stipulation is without prejudice to any and all defenses Udio may assert in this action, and without prejudice to any and all claims Plaintiffs may assert in this action. 5. This stipulation does not otherwise affect or amend any other case deadlines or prevent any party from seeking any appropriate relief including, without limitation, expedited discovery. SO ORDERED. Motions terminated: #21 JOINT LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Alvin K. Hellerstein from Steven N. Feldman dated July 10, 2024. filed by Uncharted Labs, Inc., d/b/a Udio.com. Uncharted Labs, Inc., d/b/a Udio.com answer due 8/1/2024. (Signed by Judge Alvin K. Hellerstein on 7/11/2024) (sgz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Brittany N. Lovejoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29588332. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Andrew M. Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29588262. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 21 JOINT LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Alvin K. Hellerstein from Steven N. Feldman dated July 10, 2024. Document filed by Uncharted Labs, Inc., d/b/a Udio.com. (Attachments: #1 Proposed Order / Stipulation and [Proposed] Order Extending Time to Respond to Complaint).(Feldman, Steven) |
| Filing 20 MOTION for Brittany N. Lovejoy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29588332. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Uncharted Labs, Inc., d/b/a Udio.com. (Attachments: #1 Affidavit / Declaration of Brittany N. Lovejoy in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Lovejoy, Brittany) |
| Filing 19 MOTION for Andrew M. Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29588262. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Uncharted Labs, Inc., d/b/a Udio.com. (Attachments: #1 Affidavit / Declaration of Andrew M. Gass in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Gass, Andrew) |
| Filing 18 NOTICE OF APPEARANCE by Nathan Edmund Taylor on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Taylor, Nathan) |
| Filing 17 NOTICE OF APPEARANCE by Sarang Damle on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Damle, Sarang) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Uncharted Labs, Inc., d/b/a Udio.com..(Feldman, Steven) |
| Filing 15 NOTICE OF APPEARANCE by Steven Nathaniel Feldman on behalf of Uncharted Labs, Inc., d/b/a Udio.com..(Feldman, Steven) |
| Filing 14 AFFIDAVIT OF SERVICE. Uncharted Labs, Inc., d/b/a Udio.com served on 6/27/2024, answer due 7/18/2024. Service was accepted by Teresa Grandison, Authorized Agent. Document filed by Atlantic Recording Corporation; Warner Records LLC; Sony Music Entertainment; Rhino Entertainment Company; Warner Music International Services Limited; Warner Records/SIRE Ventures LLC; Capitol Records, LLC; Warner Music Inc.; Arista Music; UMG Recordings, Inc.; Warner Records Inc. ; Arista Records LLC..(Kaba, Moez) |
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Filing 13
ORDER granting #12 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/27/2024) (mml)
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| Filing 12 LETTER MOTION for Leave to File Physical Exhibit to Complaint (Exhibit C - Thumb Drive) addressed to Judge Alvin K. Hellerstein from Moez M. Kaba dated 06/26/2024. Document filed by Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(Kaba, Moez) |
| Filing 11 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. (vf) |
| Filing 10 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).(Kaba, Moez) |
| Filing 9 COMPLAINT against John Does 1-10, Uncharted Labs, Inc., d/b/a Udio.com. Document filed by Atlantic Recording Corporation, Warner Records LLC, Sony Music Entertainment, Rhino Entertainment Company, Warner Music International Services Limited, Warner Records/SIRE Ventures LLC, Capitol Records, LLC, Warner Music Inc., Arista Music, UMG Recordings, Inc., Warner Records Inc., Arista Records LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kaba, Moez) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Uncharted Labs, Inc., d/b/a Udio.com. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Moez M. Kaba to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Moez M. Kaba to RE-FILE Document No. #5 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; Do not use the sample form. 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. (vf) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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 Designated ECF. (vf) |
| Filing 7 NOTICE OF APPEARANCE by Mariah Rivera on behalf of Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(Rivera, Mariah) |
| Filing 6 NOTICE OF APPEARANCE by Alexander Perry on behalf of Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(Perry, Alexander) |
| Filing 5 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).(Kaba, Moez) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Uncharted Labs, Inc., d/b/a Udio.com, re: #1 Complaint,,. Document filed by Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(Kaba, Moez) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Warner Music Group Corp. for Atlantic Recording Corporation, Rhino Entertainment Company, Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC; Corporate Parent Universal Music Group N.V. for Capitol Records, LLC, UMG Recordings, Inc.; Corporate Parent Sony Group Corporation for Arista Music, Arista Records LLC, Sony Music Entertainment. Document filed by Arista Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, Rhino Entertainment Company, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Inc., Warner Music International Services Limited, Warner Records Inc., Warner Records LLC, Warner Records/SIRE Ventures LLC..(Kaba, Moez) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Kaba, Moez) Modified on 6/25/2024 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-29520884)Document filed by Atlantic Recording Corporation, Warner Records LLC, Sony Music Entertainment, Rhino Entertainment Company, Warner Music International Services Limited, Warner Records/SIRE Ventures LLC, Capitol Records, LLC, Warner Music Inc., Arista Music, UMG Recordings, Inc., Warner Records Inc., Arista Records LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Kaba, Moez) Modified on 6/25/2024 (vf). |
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