Heat Wave Recording, LLC v. Bluewater Recordings, Inc. et al
Plaintiff: Heat Wave Recording, LLC
Defendant: Bluewater Recordings, Inc., Bobby Tomlinson, Charles Wallert, Pandora Media, LLC, Audio and Video Labs, Inc. and Spotify USA, Inc.
Case Number: 5:2022cv00137
Filed: April 8, 2022
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 501 Copyright Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2022 Opinion or Order Filing 16 ORDER denying #14 Motion for Entry of Default. Signed by Peter A. Moore, Jr., Clerk of Court on 6/3/2022. (Sellers, N.)
June 3, 2022 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #14 MOTION for Entry of Default as to Defendant Charles Wallert. (Sellers, N.)
May 9, 2022 Filing 15 AMENDED COMPLAINT against Audio and Video Labs, Inc., Bluewater Recordings, Inc., Bobby Tomlinson, Charles Wallert, filed by Heat Wave Recording, LLC. (Attachments: #1 Exhibit Copyright Registration, #2 Exhibit Copyright Registration) (Eldreth, Anthony)
May 9, 2022 Filing 14 MOTION for Entry of Default as to Defendant Charles Wallert filed by Heat Wave Recording, LLC. (Eldreth, Anthony)
April 26, 2022 Filing 13 Notice of Appearance filed by Mark R. Sigmon on behalf of Bluewater Recordings, Inc., Bobby Tomlinson. (Sigmon, Mark)
April 26, 2022 Filing 12 Waiver of Service Returned Executed filed by Heat Wave Recording, LLC. Bobby Tomlinson waiver sent on 4/26/2022, answer due 6/25/2022. (Eldreth, Anthony)
April 26, 2022 Filing 11 Waiver of Service Returned Executed filed by Heat Wave Recording, LLC. Bluewater Recordings, Inc. waiver sent on 4/26/2022, answer due 6/25/2022. (Eldreth, Anthony)
April 26, 2022 Filing 10 Notice of Voluntary Dismissal filed by Heat Wave Recording, LLC as to Spotify USA, Inc. and Pandora Media, LLC. (Eldreth, Anthony)
April 23, 2022 Filing 9 Affidavit of Service for Complaint and Summons filed by Heat Wave Recording, LLC served on Charles Wallert on 04/15/2022. (Eldreth, Anthony)
April 23, 2022 Filing 8 Affidavit of Service filed by Heat Wave Recording, LLC served on Spotify USA, Inc. on 04/15/2022. (Eldreth, Anthony)
April 23, 2022 Filing 7 Affidavit of Service filed by Heat Wave Recording, LLC served on Pandora Media, LLC on 04/15/2022. (Eldreth, Anthony)
April 23, 2022 Filing 6 Affidavit of Service filed by Heat Wave Recording, LLC served on Audio and Video Labs, Inc.. (Eldreth, Anthony)
April 20, 2022 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.)
April 13, 2022 Filing 5 Financial Disclosure Statement by Heat Wave Recording, LLC (Eldreth, Anthony)
April 13, 2022 Filing 4 Notice of Appearance filed by Anthony Justin Eldreth on behalf of Heat Wave Recording, LLC. (Eldreth, Anthony)
April 11, 2022 Filing 3 Summons Issued as to Audio and Video Labs, Inc., Bluewater Recordings, Inc., Pandora Media, LLC, Spotify USA, Inc., Bobby Tomlinson, Charles Wallert. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
April 11, 2022 Filing 2 COPYRIGHT REPORT: Copy of report and complaint forwarded to Register of Copyrights, U.S. Copyright Office, 101 Independence Ave. S.E., Washington, D.C. 20559-6000 via US Mail on April 11, 2022. (Rudd, D.)
April 11, 2022 Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit" is not a sufficient description). No further action is needed. (Rudd, D.)
April 11, 2022 Notice to Counsel regarding: [1-1] Civil Cover Sheet, [1-2] Proposed Summons, [1-3] Proposed Summons, [1-4] Proposed Summons, [1-5] Proposed Summons, [1-6] Proposed Summons, [1-7] Proposed Summons. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the civil cover sheet and the proposed summonses) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
April 11, 2022 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
April 11, 2022 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Heat Wave Recording, LLC. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
April 8, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0417-6510907.), filed by Heat Wave Recording, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Exhibit- Copyright Registration SR-914-265 for a Group of Works Published on the Same Album, #9 Exhibit- Copyright Registration SR-914-267 for a Group of Works Published on the Same Album) (Eldreth, Anthony) Modified on 4/11/2022 to describe exhibits. (Rudd, D.) (Attachments 1, 2, 3, 4, 5, 6 and 7 flattened and replaced on 4/11/2022) (Edwards, S.).

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Plaintiff: Heat Wave Recording, LLC
Represented By: Anthony Justin Eldreth
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Defendant: Bluewater Recordings, Inc.
Represented By: Mark R. Sigmon
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Defendant: Bobby Tomlinson
Represented By: Mark R. Sigmon
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Defendant: Charles Wallert
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Defendant: Pandora Media, LLC
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Defendant: Audio and Video Labs, Inc.
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Defendant: Spotify USA, Inc.
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