Varry White Music et al v. Banana Joe's of Akron, Inc. et al
Varry White Music, Loc'd Out Music, Controversy Music, WB Music Corp., Sons of K'Oss Music, Inc., Universal-Polygram International Publishing, Inc., Hudson Jordan Music, Famous Music Corporation and Jobete Music Co.,Inc. |
Banana Joe's of Akron, Inc. |
EX VW, Inc., Bleu Disque Music Co., Inc., Webo Girl Publishing, Inc., Brenda Richie Complaint Publishing and Sweet City Records Inc. |
Jon B. Field |
5:2001cv01074 |
May 3, 2001 |
US District Court for the Northern District of Ohio |
David D Dowd |
Copyright |
17 U.S.C. § 101 Copyright Infringement |
None |
Docket Report
This docket was last retrieved on March 15, 2004. A more recent docket listing may be available from PACER.
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Filing 76 Judgment Satisfaction filed by all plaintiffs. (Steiner, Eric) |
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Filing 74 Opposition (Related Motion(s) #73 ) to Plaintiffs? Motion for Reconsideration of the Court?s November 12, 2002, Order Assessing Jury Costs Against Plaintiffs, filed by all defendants. (Attachments: #1 Exhibit Declaration in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Reconsideration)(Moser, Jr., Jack) Modified text on 11/21/2002 (M, J). |
Filing 73 Motion for reconsideration of the Court's November 12, 2002 Order Assessing Jury Costs Against Plaintiffs (Related Document(s) #71 , #72 ), filed by all plaintiffs. (Attachments: #1 Exhibit A: Wilcox Declaration#2 Exhibit B: Steiner Declaration#3 Proposed Order)(Steiner, Eric) Modified text and document link on 11/18/2002 (M, J). |
Filing 72 Financial Transaction in the amount of $1,061.43 paid by Eric J. Steiner counsel for plaintiffs regarding jury costs. (Related documents(s) #71 ) (M, J) |
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Filing 70 Final Judgment Upon Consent and Notice of Case Dismissal, signed on 11/12/2002. Judge David D. Dowd, Jr. (M, J) |
Pursuant to Clerk's Office Operational Memorandum 97-3 ; Copy of complaint, final decision and docket sheet mailed on 11/12/2002 to Register of Copyrights, Copyright Office, Library of Congress, Washington, D.C. (Related documents(s) #1 , #70 ) (M, J) |
Filing 69 Motion in limine to preclude Defendants from introducing or attempting to introduce any evidence of authorization to publicly perform the copyrighted songs in question, filed by all plaintiffs. (Attachments: #1 Proposed Order)(Steiner, Eric) Modified text on 11/6/2002 (M, J). |
Filing 68 Trial Brief filed by all plaintiffs. (Attachments: #1 Exhibit A: Proposed Voir Dire Questions#2 Exhibit B: Proposed Supplemental Jury Instructions)(Steiner, Eric) |
Filing 67 Attorney Appearance by Terry M. Brennan filed by on behalf of all plaintiffs. (Brennan, Terry) |
Filing 66 Trial Brief filed by all defendants. (Moser, Jr., Jack) |
Filing 65 Trial Order scheduling case on a standby basis for the two-week period beginning 11/12/2002. Judge David D. Dowd, Jr. (M, D) |
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Filing 63 Reply (Related Motion(s) #59 ) Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment and Dismissal of Defendants' Counterclaims filed by all plaintiffs. (Attachments: #1 Exhibit A#2 Exhibit B#3 Affidavit Pursuant to Local Rule 7.1(g))(Steiner, Eric) Modified adding text on 8/6/02 (S, S). |
Filing 62 Opposition (Related Motion(s) #59 ) to Plaintiffs' Motion for Partial Summary Judgment and Dismissal of Defendants' Counterclaims, filed by Banana Joe's of Akron, Inc., Jon B. Field. (Attachments: #1 Memorandum in Support#2 Exhibit A#3 Exhibit A-1#4 Exhibit A-2#5 Exhibit A-3#6 Exhibit A-4#7 Exhibit A-5#8 Exhibit A-6#9 Exhibit A-7#10 Exhibit A-8#11 Exhibit A-9#12 Exhibit 10#13 Exhibit A-11#14 Exhibit B#15 Exhibit C)(P, G) Modified text on 7/31/2002 (P, G). |
Filing 61 Declaration of Untimely Filing due to technical difficulties, (Related document #62 ), filed by Banana Joes' of Akron, Inc. and Jon B. Field. (P, G) |
Filing 60 Exhibits in Support of Motion for Partial Summary Judgment and Dismissal of Defendants' Counterclaims (Exhibits 1-5 consisting of 199 pages on file in the Clerk's Office), filed by all plaintiffs. (Related document(s) #59 ) (P, G) |
Filing 59 Motion for partial summary judgment and dismissal of defendants' counterclaims filed by all plaintiffs. (Attachments: #1 Brief in Support of Plaintiffs' Motion for Partial Summary Judgment and Dismissal of Defendants' Counterclaims)(Steiner, Eric) |
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Filing 56 Response (Related Motion(s) #51 )(Related Document #52 ) Memorandum to Defendants' Letter to the Court and in Opposition to Defendants' Motion to Enlarge Time, filed by all plaintiffs. (Steiner, Eric) Modified on 7/2/2002 to create link (P, G). |
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Filing 54 Motion for leave to file memorandum in support of partial motion for summary judgment in excess of page limitations filed by all plaintiffs. (Attachments: #1 Proposed Order)(Steiner, Eric) Modified on 7/1/02 (S, S). |
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Filing 52 Letter to Judge Dowd regarding discovery dispute between the parties, filed by Banana Joe's of Akron, Inc.. (Attachments: #1 Exhibit A-First Set of Interrogatories and Production of Documents#2 Exhibit B-Responses to Defendants' First Set of Interrogatories#3 Exhibit C-Second Set of Interrogatories and Production of Documents#4 Exhibit D-Responses to Defendants' Second Set of Interrogatories#5 Exhibit E-Letter Requesting Further Response to Interrogatories#6 Exhibit F-Second Letter Requesting Further Response to Interrogatories)(Related document(s) #50 ) (P, G) |
Filing 51 Motion for extension of time within which to comply with this Court's Case Scheduling order of 3/25/02 (to be reasonably recalculated), filed by Banana Joe's of Akron, Inc.. (Attachments: #1 Memorandum in Support)(Related document(s) #50 ) (P, G) |
Filing 50 Declaration of Untimely Filing of letter to Judge Dowd regarding discovery dispute and motion to enlarge time within which to comply with the Court's scheduling order, (Related Documents #51 , #52 ) filed by Banana Joe's of Akron, Inc.. (P, G) |
Filing 49 Answer to Defendants' Amended Counterclaims filed by all plaintiffs. (Related document(s) #41 ) (Steiner, Eric) |
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Filing 47 Joint Motion for extension of time to complete discovery and file dispositive motions with memorandum in support, filed by all plaintiffs. (Attachments: #1 Proposed Order)(Related document(s) #43 ) (Steiner, Eric) Modified text on 3/21/2002 (P, G). |
Filing 46 Joint Proposed Stipulation to Extend Discovery and Dispositive Motion Deadlines filed by all parties. (Related document(s) #43 ) (Steiner, Eric)FILING ERROR SEE DOCUMENT #47(P, G). |
Filing 45 Minutes of proceedings before Magistrate Judge James S. Gallas; Telephone status conference held; Depositions tentatively scheduled for 3/26/2002; Plaintiffs advise that with extension of discovery to 5/24/2002, the discovery issue for requested telephone conference is now moot and there appears to be no need for motion to compel; Defendant's counsel assured the court that required depositions would be concluded before close of discovery. (Related documents(s) #39 , #44 ) (P, J) |
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Filing 41 Amended Answer to plaintiffs' amended complaint, Amended Counterclaim against plaintiffs Bleu Disque Music Co., Inc., Brenda Richie Complaint Publishing, Controversy Music, EX VW, Inc., Famous Music Corporation, Hudson Jordan Music, Jobete Music Co.,Inc., Loc'd Out Music, Sons of K'Oss Music, Inc., Sweet City Records Inc., Universal-Polygram International Publishing, Inc., Varry White Music, WB Music Corp., Webo Girl Publishing, Inc.(Related document #29 ), filed by Banana Joe's of Akron, Inc., Jon B. Field. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q)(M, D) Modified on 3/13/2002 to create link(P, G). |
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Filing 39 Motion for conference/hearing pursuant to Local Civil Rule 37.1 filed by all plaintiffs. (Steiner, Eric) |
Filing 38 Motion for extension of time of 60 days from 3/22/02 within which to comply with the Court's Case Scheduling Order, filed by all defendants. (Attachments: #1 Proposed Order)(Related document(s) #20 ) (P, G) |
Filing 37 Opposition (Related Motion(s) #36 , #35 ) Memorandum to: (1) Defendants' Motion for Leave to Amend Answer and Counterclaim; and (2) Defendants' Motion for Leave to Implead ASCAP as a Third Party Defendant filed by all plaintiffs. (Attachments: #1 Exhibit A)(Steiner, Eric) Modified text to remove duplicate wording on 2/21/2002 (L, T). |
Filing 36 Motion for leave to file Third Party Complaint Impleading Third Party Defendants The American Society of Composers, Authors, and Publishers (ASCAP), and its Agents and/or Servants Thereunder, filed by Banana Joe's of Akron, Inc., Jon B. Field. (Attachments: #1 Memorandum in Support#2 Letter to Attorney Jack Moser#3 Third Party Complaint#4 Exhibit A#5 Exhibit B 1-9#6 Exhibit C-Letter#7 Exhibit D-Amended Complaint#8 Exhibit E-1-13#9 Exhibit F-Agreement between Anthony T. Smith DBA and Loc D Out Music#10 Exhibit G-1-5#11 Exhibit H-1-5#12 Exhibit I-1-5#13 Exhibit J-1-5#14 Exhibit K-1-4 agreement between Universal Polygraph International Publishing Company#15 Exhibit L-1-5#16 Exhibit M-1-4 agreement between Kristin Hudson and Montell Jordan, Partners#17 Exhibit N-1-5#18 Exhibit O-1-5#19 Exhibit P-1-5#20 Exhibit Q-1-5#21 Proposed Order)(P, G) |
Filing 35 Motion for leave to Amend Answer and Counterclaim against Plaintiffs, Varry White Music, et.al., and file Instanter, filed by Banana Joe's of Akron, Inc.. (Attachments: #1 Affidavit #2 Amended Answer and Amended Counterclaim#3 Exhibit A#4 Exhibit B#5 Exhibit C#6 Exhibit D#7 Exhibit E#8 Exhibit F#9 Exhibit G#10 Exhibit H#11 Exhibit I#12 Exhibit J#13 Exhibit K#14 Exhibit L#15 Exhibit M#16 Exhibit N#17 Exhibit O#18 Exhibit P#19 Exhibit Q#20 Proposed Order)(P, G) |
Filing 34 Answer to Counterclaim of Defendants (Related Doc #32 ) filed by all plaintiffs. (Wilcox, Deborah) |
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Filing 32 Answer to Amended Complaint (Related Doc #29 ), Counterclaim against Bleu Disque Music Co., Inc., Brenda Richie Complaint Publishing, Controversy Music, EX VW, Inc., Famous Music Corporation, Hudson Jordan Music, Jobete Music Co.,Inc., Loc'd Out Music, Sons of K'Oss Music, Inc., Sweet City Records Inc., Universal-Polygram International Publishing, Inc., Varry White Music, WB Music Corp., Webo Girl Publishing, Inc. filed by Banana Joe's of Akron, Inc., Jon B. Field. (Attachments: #1 Exhibit A)(P, G) |
Filing 31 Opposition (Related Motion(s) #25 ) to plaintiff's motion to strike defendants' defenses and counterclaims filed by Banana Joe's of Akron, Inc., Jon B. Field. (Attachments: #1 Memorandum in support)(K, Chr) |
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Filing 29 Amended complaint against Banana Joe's of Akron, Inc., Jon B. Field. Filed by Varry White Music, Bleu Disque Music Co., Inc., Brenda Richie Complaint Publishing, Controversy Music, EX VW, Inc., Famous Music Corporation, Hudson Jordan Music, Jobete Music Co.,Inc., Loc'd Out Music, Sons of K'Oss Music, Inc., Sweet City Records Inc., Universal-Polygram International Publishing, Inc., WB Music Corp., Webo Girl Publishing, Inc.. (Attachments: #1 Schedule A)(K, Chr) Modified text on 11/29/2001 (L, T). |
Filing 28 Motion for leave to file instanter, opposition to Plaintiff's Motion to Strike Defenses and Dismiss Defendants' Counterclaims, filed by Banana Joe's of Akron, Inc.. (Attachments: #1 Motion in opposition to Plaintiff's motion to strike defense and dismiss Counterclaims instanter#2 Affidavit Pursuant to Local Civil Rule 7.1(g)#3 Proposed Order)(Related document(s) #25 ) (P, G) |
Filing 27 Marginal entry order entered on 11/26/2001 Granting plaintiffs' motion for leave to amend complaint and file instanter. (Related Doc #26 ) Judge David D. Dowd, Jr. (K, Chr) |
Filing 26 Motion for leave to Amend Complaint and File Instanter filed by all plaintiffs. (Attachments: #1 Letter from Investigator#2 Amended Complaint#3 Schedule A to Amended Complaint)(Steiner, Eric) Modified text on 11/26/2001 (P, G). |
Filing 25 Motion to dismiss Defendants' Counterclaims and to Strike Defendants' Defenses filed by all plaintiffs. (Attachments: #1 Brief in Support of Plaintiffs' Motion to Strike Defendants' Defenses and Dismiss Defendants' Counterclaims#2 Affidavit pursuant to Local Civil Rule 7.1(g))(Related document(s) #14 ) (Steiner, Eric) |
Filing 24 Attorney Appearance as additional counsel of record by Eric J. Steiner filed by on behalf of all plaintiffs. (Steiner, Eric) |
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Filing 22 Stipulated Motion for extension of time until 10/30/2001 to answer counterclaim filed by all plaintiffs. (Yang, Rosanne) Modified text on 9/26/2001 (P, G). |
Filing 21 Notice of Service of responses to plaintiffs' requests for production of documents, upon plaintiffs' counsel on 9/20/2001, filed by Banana Joe's of Akron, Inc., Jon B. Field. (M, J) |
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Filing 19 Response (Related Motion(s) #18 ) to Defendants' Motion to Amend Case Scheduling Order and Joint Stipulation to Amendment filed by all plaintiffs. (Yang, Rosanne) Modified text on 9/19/2001 (P, G). |
Filing 18 Motion for order amending case scheduling order as to discovery deadline and track assignment with memorandum in support, filed by Banana Joe's of Akron, Inc., Jon B. Field. (Attachments: #1 Proposed Order)(Related document(s) #12 ) (P, G) Modified text on 9/13/2001 (P, G). |
Filing 17 Notice of Service of defendants' responses to plaintiffs' requests for admissions and plaintiffs' first set of interrogatories, filed by Banana Joe's of Akron, Inc., Jon B. Field. (P, G) |
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Filing 15 Stipulated Motion for extension of time to answer counterclaim filed by all plaintiffs. (Yang, Rosanne) |
Filing 14 Amended Answer to complaint, Counterclaim against all plaintiffs filed by all defendants. (Attachments: #1 Exhibit A)(Related document(s) #1 ) (P, G) |
Filing 13 Trial Order scheduling a bench trial for 12/10/01, on a stand-by basis, for a period of two weeks in the Courtroom of the Honorable David D. Dowd, Jr., United States District Judge, Federal Building, United States Courthouse, 2 South Main Street, Akron, Ohio. Judge David D. Dowd, Jr.(K, Chr) |
Filing 12 Case Management Conference Order that discovery is due by 9/28/2001; Parties to be Joined and pleading amendments due by 8/24/2001; Track: Expedited; Dispositive Motions due by 10/12/2001, with responses due 10/26/01 and replies due 11/2/01; Bench trial set for 12/10/2001 at 08:30 AM in Courtroom 442. Judge David D. Dowd, Jr. (K, Chr) |
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Filing 10 Motion to attend by telephone the Case Management Conference scheduled 7/23/01 filed by Rosanne T. Yang on behalf of all plaintiffs. (Yang, Rosanne) Modified text on 7/10/2001 (R, J A). |
Filing 9 Joint Report of Parties Planning Meeting filed by Rosanne T. Yang on behalf of all parties. (Yang, Rosanne) |
Filing 8 Letter to Defendants' Counsel Regarding Scheduling of 26(f) Planning Conference filed by all plaintiffs.(Yang, Rosanne) |
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Filing 6 Answer to Complaint (Related Doc #1 ) filed by Banana Joe's of Akron, Inc., Jon B. Field.(M, J) |
Filing 5 Return of Service Executed upon Jon B. Field and Bananna Joe's of Akron by certified mail on 5/15/01 filed by all plaintiffs.(K, V) |
Filing 4 Notice of Placement of case in the CM/ECF Docketing System .(B, BA) |
Filing 3 Case Information Statement (Standard Track) filed by Barry White Music, Bleu Disque Music Co., Inc., Brenda Richie Complaint Publishing, Controversy Music, EX VW, Inc., Famous Music Corporation, Hudson Jordan Music, Jobete Music Co.,Inc., Loc'd Out Music, Sons of K'Oss Music, Inc., Sweet City Records Inc., Universal-Polygram International Publishing, Inc., WB Music Corp., Webo Girl Publishing, Inc..(B, BA) |
Filing 2 Random Assignment of Magistrate Judge Gallas .(B, BA) |
Filing 1 Complaint (2 summons and Magistrate Consent Forms issued) against Banana Joe's of Akron, Inc., Jon B. Field. filed by Barry White Music, Bleu Disque Music Co., Inc., Brenda Richie Complaint Publishing, Controversy Music, EX VW, Inc., Famous Music Corporation, Hudson Jordan Music, Jobete Music Co.,Inc., Loc'd Out Music, Sons of K'Oss Music, Inc., Sweet City Records Inc., Universal-Polygram International Publishing, Inc., WB Music Corp., Webo Girl Publishing, Inc.. Filing fee collected, receipt #625308. (Attachments: #1 Schedule A#2 Civil Cover Sheet)(B, BA) |
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