Freeplay Music, LLC v. Dave Arbogast Buick-GMC, Inc.
Plaintiff: Freeplay Music, LLC
Defendant: Dave Arbogast Buick-GMC, Inc.
Case Number: 3:2017cv00042
Filed: February 9, 2017
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MIAMI
Presiding Judge: Walter H Rice
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2020 Opinion or Order Filing 76 ORDER OF DISMISSAL; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 1/31/2020. (srb)
January 31, 2020 ***Civil Case Terminated. (srb)
January 28, 2020 Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Settlement Teleconference held on 1/28/2020. The case has settled. (rp)
January 23, 2020 Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Mediation held on 1/23/2020; the matter is continued in progress; Status Teleconference set for Tuesday, 1/28/2020, at 10:30 AM before Magistrate Judge Sharon L. Ovington; Counsel are instructed to call 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 012820. (rp) Modified text on 1/24/2020 (rp).
November 21, 2019 Opinion or Order Filing 75 ORDER FOR COURT-CONDUCTED MEDIATION: Mediation Hearing set for 1/23/2020 at 10:00 AM in Federal Building 200 W Second St 5th Floor, Room 523, Dayton OH 45402 before Magistrate Judge Sharon L. Ovington. Signed by Magistrate Judge Sharon L. Ovington on 11/20/2019. (srb)
November 20, 2019 Minute Entry for proceedings held before Magistrate Judge Sharon L. Ovington: Scheduling Teleconference held on 11/20/2019. (rp)
November 14, 2019 Opinion or Order NOTATION ORDER: Telephone Conference set for 11/20/2019 03:00 PM before Magistrate Judge Sharon L. Ovington. NOTICE OF TELECONFERENCE INSTRUCTIONS: PLEASE CALL 1-888-684-8852. The ACCESS CODE is 6641708. The SECURITY CODE is 112019. If you have any questions, please call Rose Plummer at 937-512-1570. Signed by Magistrate Judge Sharon L. Ovington on 11-14-19. (mcm)
November 1, 2019 Opinion or Order Filing 74 ORDER OF REFERENCE- Pursuant to 28 U.S.C. 636(b)(l)(A), (B), and (C), and 636(b)(3), the above-captioned action is hereby referred to United States Magistrate Judge Sharon L. Ovington, ADR Coordinator, for purposes of conducting a mediation. Signed by Judge Walter H. Rice on 10/30/19. (kma)
October 30, 2019 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/30/2019, (Jury Trial re-set for 3/9/2020 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice.). This case will be referred for mediation. (Court Reporter: Debra Futrell) (tp)
October 28, 2019 Opinion or Order NOTATION ORDER sustaining #71 Motion for Leave to Appear Pro Hac Vice of Christopher Bakes. Signed by Judge Walter H. Rice on 10/28/2019. (tp)
October 24, 2019 Opinion or Order NOTATION ORDER sustaining #70 Motion for Leave to Appear Pro Hac Vice of William Mauke III. Signed by Judge Walter H. Rice on 10/24/2019. (tp)
October 23, 2019 Filing 73 RULE 26(f) REPORT [Joint Amended Rule 26(f) Report of Parties] by Plaintiff Freeplay Music, LLC. (Peirsol, Marissa)
October 23, 2019 Filing 72 NOTICE of Appearance by Marissa Anne Peirsol for Plaintiff Freeplay Music, LLC (Peirsol, Marissa)
October 23, 2019 Filing 71 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7167804) of Christopher Bakes by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Kennedy, Katherine)
October 23, 2019 Filing 70 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7167777) of William Mauke by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Kennedy, Katherine)
October 21, 2019 Opinion or Order NOTATION ORDER granting #69 Motion for Leave to Appear Pro Hac Vice of Jeffrey H. Kass. Signed by Judge Walter H. Rice on 10/21/2019. (jmb)
October 18, 2019 Filing 69 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7161190) of Jeffrey H.. Kass by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing for Jeffrey Kass, #2 Text of Proposed Order Proposed Order Granting Pro Hac Vice) (Kennedy, Katherine)
September 24, 2019 Filing 68 DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR FOR REFERRAL OF ISSUES TO REGISTER OF COPYRIGHTS (DOC. #52 ); SUSTAINING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON LIABILITY FOR COPYRIGHT INFRINGEMENT (DOC. #53 ); PARTIES TO FILE JOINT AMENDED RULE 26(f) REPORT BY OCTOBER 23, 2019; SCHEDULING CONFERENCE SET FOR OCTOBER 30, 2019. Signed by Judge Walter H. Rice on 9/24/2019. (srb)
May 7, 2019 Filing 67 NOTICE by Plaintiff Freeplay Music, LLC Notice of Withdrawal as Co-Counsel (Hilsheimer, Lauren)
November 20, 2018 Opinion or Order NOTATION ORDER overruling #65 Plaintiff's Motion to Strike Defendant's Opposition Brief. Signed by Judge Walter H. Rice on 11/20/2018. (tp)
November 20, 2018 Opinion or Order NOTATION ORDER sustaining #63 Motion to Seal Exhibits "C" and "G" to the Declaration of Robert M. Collins in Support of Defendant's Motion for Summary Judgment. Signed by Judge Walter H. Rice on 11/20/2018. (tp)
November 19, 2018 Filing 66 REPLY to Response to Motion re #53 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment on Liability for Copyright Infringement Plaintiff's Reply in Support of its Motion for Summary Judgment on Liability for Copyright Infringement and Memorandum in Support of its Motion to Strike Defendant's Opposition Brief filed by Plaintiff Freeplay Music, LLC. (Warshavsky, Oren)
November 19, 2018 Filing 65 MOTION to Strike #56 Response in Opposition to Motion, Plaintiff's Motion to Strike Defendant's Opposition Brief by Plaintiff Freeplay Music, LLC. (Warshavsky, Oren)
November 19, 2018 Filing 64 RESPONSE in Opposition re #53 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment on Liability for Copyright Infringement filed by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Declaration of Katherine L. Kennedy, #2 Exhibit Declaration of David Novotny) (Kennedy, Katherine)
November 19, 2018 Filing 63 MOTION to Seal Document #52 MOTION for Summary Judgment by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Supplemental Declaration, #2 Text of Proposed Order) (Kennedy, Katherine)
October 29, 2018 Opinion or Order NOTATION ORDER sustaining #62 Motion for Extension of Time to File Reply in Support of Its Motion for Summary Judgment by Defendant Dave Arbogast Buick-GMC, Inc. New date requested 11/19/2018. Signed by Judge Walter H. Rice on 10/29/2018. (tp)
October 26, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/26/2018 with plaintiff counsel. Counsel to contact the Court next week. (Court Reporter: Debra Futrell) (tp)
October 23, 2018 Filing 62 MOTION for Extension of Time New date requested 11/19/2018. to File Reply in Support of Its Motion for Summary Judgment by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Text of Proposed Order) (Kennedy, Katherine)
October 22, 2018 Opinion or Order Filing 61 ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT ON LIABILITY FOR COPYRIGHT INFRINGEMENT - Having considered Plaintiffs Motion for an Extension of Time to File a Reply in Support of its Motion for Summary Judgment on Liability for Copyright Infringement, and for good cause shown, Plaintiff shall have until and including November 19, 2018 to submit a reply for this Court's consideration. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 10/22/2018. (srb)
October 22, 2018 Filing 60 MOTION for Extension of Time New date requested 11/19/2018. Plaintiff's Motion for an Extension of Time to File a Reply in Support of its Motion for Summary Judgment on Liability for Copyright Infringement by Plaintiff Freeplay Music, LLC. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Plaintiff's Motion for an Extension of Time to File a Reply in Support of its Motion for Summary Judgment on Liability for Copyright Infringement) (Hilsheimer, Lauren)
October 15, 2018 Filing 59 AFFIDAVIT in Opposition re #52 MOTION for Summary Judgment Michelle Usitalo Declaration in Support of Plaintiff's Opposition filed by Plaintiff Freeplay Music, LLC. (Attachments: #1 Exhibit Exhibit 1 to Usitalo Declaration, #2 Exhibit Exhibit 2 to Usitalo Declaration, #3 Exhibit Exhibit 3 to Usitalo Declaration, #4 Exhibit Exhibit 4 to Usitalo Declaration, #5 Exhibit Exhibit 5 to Usitalo Declaration, #6 Exhibit Exhibit 6 to Usitalo Declaration, #7 Exhibit Exhibit 7 to Usitalo Declaration) (Warshavsky, Oren)
October 15, 2018 Filing 58 AFFIDAVIT in Opposition re #52 MOTION for Summary Judgment Scott Schreer Declaration in Support of Plaintiff's Opposition filed by Plaintiff Freeplay Music, LLC. (Warshavsky, Oren)
October 15, 2018 Filing 57 RESPONSE in Opposition re #52 MOTION for Summary Judgment filed by Plaintiff Freeplay Music, LLC. (Warshavsky, Oren)
October 15, 2018 Filing 56 RESPONSE in Opposition re #53 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment on Liability for Copyright Infringement filed by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit) (Kennedy, Katherine)
October 15, 2018 Opinion or Order NOTATION ORDER sustaining #55 Motion for Leave to File Excess Pages. Signed by Judge Walter H. Rice on 10/15/2018. (tp)
October 12, 2018 Filing 55 MOTION for Leave to File Excess Pages by Plaintiff Freeplay Music, LLC. (Attachments: #1 Text of Proposed Order) (Hilsheimer, Lauren)
September 27, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/26/2018, (Telephone Conference set for 10/2/2018 05:15 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
September 26, 2018 Opinion or Order Filing 54 ORDER - The discovery phase of this case has ended. No discovery motion or other matter referred to the undersigned Judicial Officer remains pending. The Clerk of Courts is directed to note in the record that: (1) referral of this case to the undersigned Judicial Officer has expired; and (2) no motion or other matter in this case remains pending before the undersigned Judicial Officer. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 9/26/2018. (srb)
September 24, 2018 Filing 53 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment on Liability for Copyright Infringement by Plaintiff Freeplay Music, LLC. (Attachments: #1 Supplement Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment on Liability for Copyright Infringement, #2 Affidavit Declaration of Michelle Usitalo in Support of Plaintiff's Motion for Summary Judgment on Liability for Copyright Infringement, #3 Exhibit Exhibit 1 to Declaration of Michelle Usitalo, #4 Exhibit Exhibit 2A to Declaration of Michelle Usitalo, #5 Exhibit Exhibit 2B to Declaration of Michelle Usitalo, #6 Exhibit Exhibit 3 to Declaration of Michelle Usitalo, #7 Exhibit Exhibit 4 to Declaration of Michelle Usitalo, #8 Exhibit Exhibit 5 to Declaration of Michelle Usitalo, #9 Exhibit Exhibit 6 to Declaration of Michelle Usitalo, #10 Exhibit Exhibit 7 to Declaration of Michelle Usitalo, #11 Exhibit Exhibit 8 to Declaration of Michelle Usitalo, #12 Exhibit Exhibit 9 to Declaration of Michelle Usitalo, #13 Exhibit Exhibit 10 to Declaration of Michelle Usitalo, #14 Exhibit Exhibit 11 to Declaration of Michelle Usitalo, #15 Exhibit Exhibit 12 to Declaration of Michelle Usitalo, #16 Exhibit Exhibit 13 to Declaration of Michelle Usitalo, #17 Exhibit Exhibit 14 to Declaration of Michelle Usitalo, #18 Exhibit Exhibit 15 to Declaration of Michelle Usitalo, #19 Exhibit Exhibit 16 to Declaration of Michelle Usitalo, #20 Exhibit Exhibit 17 to Declaration of Michelle Usitalo, #21 Exhibit Exhibit 18 to Declaration of Michelle Usitalo, #22 Exhibit Exhibit 19 to Declaration of Michelle Usitalo, #23 Exhibit Exhibit 20 to Declaration of Michelle Usitalo, #24 Exhibit Exhibit 21 to Declaration of Michelle Usitalo, #25 Exhibit Exhibit 22 to Declaration of Michelle Usitalo, #26 Exhibit Exhibit 23 to Declaration of Michelle Usitalo, #27 Exhibit Exhibit 24 to Declaration of Michelle Usitalo, #28 Exhibit Exhibit 25 to Declaration of Michelle Usitalo, #29 Exhibit Exhibit 26 to Declaration of Michelle Usitalo, #30 Exhibit Exhibit 27 to Declaration of Michelle Usitalo, #31 Exhibit Exhibit 28 to Declaration of Michelle Usitalo, #32 Affidavit Declaration of Jessie Kuhn) (Warshavsky, Oren)
September 24, 2018 Filing 52 MOTION for Summary Judgment by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Affidavit Declaration of Arbogast, #2 Affidavit Declaration of Novotny, #3 Affidavit Declaration of Robert Collins, #4 Affidavit Declaration of Katherine Kennedy) (Kennedy, Katherine) (Additional attachment(s) added on 11/20/2018: #5 Sealed Exhibit C (Docket No. 52-3, P. 25-249), #6 Sealed Exhibit G (Docket No. 52-3, P. 277-327)) (srb). (Attachment 3 replaced on 11/20/2018) (jg).
September 20, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 9/20/2018. (Court Reporter: Debra Futrell) (tp)
August 13, 2018 Set/Reset Deadlines: Cross-Motions for Summary Judgment due by 9/24/2018. (jmb)
August 10, 2018 Opinion or Order Filing 51 SCHEDULING ORDER FOR SUBMISSION OF CROSS MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Walter H. Rice on 8/10/2018. (srb)
July 30, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Mediation held on 7/30/2018. (tp)
June 5, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 6/5/2018, (Mediation Hearing set for 7/30/2018 at 09:30 AM in Courtroom 1 - Dayton before Judge Walter H. Rice.). Mediation statements due by close of business 7/25/2018. (Court Reporter: Debra Futrell) (tp)
June 4, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 6/1/2018, (Telephone Scheduling Conference set for 6/5/2018 05:00 PM before Judge Walter H. Rice.). Call in instructions have been provided. (Court Reporter: Debra Futrell) (tp)
June 1, 2018 Opinion or Order Filing 50 ORDER OVERRULING AS MOOT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #17 ); STAYING ALL DISCOVERY PENDING MEDIATION, THE DATE OF WHICH WILL BE SET DURING A CONFERENCE CALL TO BE HELD ON JUNE 5, 2018. Signed by Judge Walter H. Rice on 6/1/18. (kma)
May 17, 2018 Filing 49 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT'S MOTION FOR ADDITIONAL DISCOVERY (DOC. #44 ); CONFERENCE CALL SET - Defendant's Motion for Additional Discovery, Doc. #44, is SUSTAINED IN PART and OVERRULED IN PART. If it so chooses, Defendant--at its own expense-may depose Scott Schreer within the next 45 days, on the content of his phone conversations with the composers concerning their Declarations. Otherwise, Defendant's Motion for Additional Discovery is OVERRULED in its entirety. Given the amount of discovery that has already taken place, and the strong likelihood that additional discovery will be insufficient to rebut the presumption of ownership that arises from the copyright registrations, the Court finds that no additional discovery is warranted at this time.A follow-up conference call will be held on June 1, 2018, at 9:30 a.m. to discuss the pending Motion for Judgment on the Pleadings, to set a new trial date and to explore alternative dispute resolution options. Signed by Judge Walter H. Rice on 5/17/18. (kma)
May 3, 2018 NOTICE: The Final Pretrial Conference previously set for 5/8/2018 at 5:00 PM and the Trial previously set for 5/21/2018 will be re-set. (tp)
May 2, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 5/1/2018. Decision to be filed by the Court. (Court Reporter: Debra Futrell) (tp)
April 3, 2018 Opinion or Order Filing 48 DECISION AND ORDER SUSTAINING PLAINTIFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATIONS (DOC. #46 ); ORDER DIRECTING PLAINTIFF TO SUBMIT TO DEFENDANT AND TOTHE COURT ALL NON-PRIVILEGED COMMUNICATIONS RELATED TO DECLARATIONS OF COMPOSERS; CONFERENCE CALL SET- Plaintiff is DIRECTED to produce copies of all non-privileged written communications between Freeplay and the composers, related to all Declarations that were filed in support of its Memorandum in Opposition to Defendant's Motion to Reopen Discovery. Plaintiff shall email these to Defendant's counsel, with a copy to the Court (at rice chambers@ohsd.uscourts.gov), by close of business on April 10, 2018. A follow-up conference call will be held on April 26, 2018, at 4:00 p.m., to discuss what additional discovery is needed on the question of copyright ownership and which party should pay for it. Signed by Judge Walter H. Rice on 4/3/18. (kma)
March 23, 2018 Filing 47 REPLY to Response to Motion re #44 MOTION Reopen Discovery re Notice of Corrective Docket Entry, filed by Defendant Dave Arbogast Buick-GMC, Inc.. (Kennedy, Katherine)
March 23, 2018 Filing 46 MOTION for Leave to File Plaintiff's Motion for Leave to File Supplemental Declarations to its Memorandum of Law in Support of Plaintiff's Opposition to Defendant's Motion for Additional Depositions by Plaintiff Freeplay Music, LLC. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Philip Garrod, #2 Exhibit Exhibit 2 - Declaration of Reed Hays, #3 Text of Proposed Order [Proposed] Order Granting Plaintiff's Motion for Leave to File Supplemental Declarations) (Hilsheimer, Lauren)
March 20, 2018 Filing 45 RESPONSE in Opposition re #44 MOTION Reopen Discovery re Notice of Corrective Docket Entry, Memorandum of Law in Support of Plaintiff's Opposition to Defendant's Motion for Additional Depositions filed by Plaintiff Freeplay Music, LLC. (Attachments: #1 Exhibit Exhibit 1 - Index of Declarations) (Hilsheimer, Lauren)
March 20, 2018 Filing 44 MOTION Reopen Discovery re Notice of Corrective Docket Entry, by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order) (Kennedy, Katherine)
March 20, 2018 Notice of Correction re 42 Brief: Counsel filed incorrectly as 'Brief'. Counsel is directed to refile as ' Motion for Miscellaneous Relief' and text in what type of Motion it is being filed. Miscellaneous Motion is located under Civil, Motions and Related Filings, Motions, Motion for Miscellaneous Relief. Counsel should link the filing back to the original filing 42 . (kma)
March 20, 2018 Notice of Correction re 43 Brief : Counsel incorrectly filed as 'Brief'. Counsel is directed to refile correctly as ' Response in Opposition to Motion.' Counsel can find this event under Civil, Motions and Related Filings, Responses and Replies, Response in Opposition to Motion. Counsel should also link the Motion back to the original filing 43 . (kma)
February 27, 2018 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 2/27/2018. Simultaneous memoranda along with requested deposition transcript due by close of business 3/19/2018. (Court Reporter: Debra Futrell) (tp)
February 22, 2018 Opinion or Order NOTATION ORDER finding as moot #22 Defendant's Motion for Modification of Preliminary Pretrial Conference Order, as need to revise scheduling order (Document #13 ) will be discussed during 2/27/2018 status conference. Signed by Judge Walter H. Rice on 02/22/2018. (tp)
January 30, 2018 Set/Reset Hearings: Telephone Status Conference re-set for 2/27/2018 04:30 PM before Judge Walter H. Rice. Counsel shall call 1-888-684-8852 to participate in the telephone conference with Judge Walter H. Rice. The conference access code is 2854360 and the security code is 121217. (tp)
December 22, 2017 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/22/2017, (Telephone Status Conference set for 2/9/2018 04:30 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
December 13, 2017 Opinion or Order Filing 41 ORDER - Upon Consent Motion for Expedited Briefing Schedule and Hearing for Defendant's Motion for Modification of the Preliminary Pretrial Conference Order, for good cause shown and the Court being otherwise sufficiently advised, it is hereby ordered as follows. The Consent Motion for Expedited Briefing Schedule and Hearing for Defendant's Motion for Modification of the Preliminary Pretrial Conference Order is hereby GRANTED. Signed by Judge Walter H. Rice on 12/12/17, nunc pro tunc 11/7/17. (pb)
December 12, 2017 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/12/2017. Matters are stayed pending 12/22/2017 conference call. (Court Reporter: Debra Futrell) (tp)
December 8, 2017 NOTICE: Telephone Status Conference re-set for 12/12/2017 03:30 PM before Judge Walter H. Rice. The Telephone Status Conference for 12/08/2017 is canceled. (tp)
December 4, 2017 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 12/4/2017, (Telephone Status Conference set for 12/8/2017 05:00 PM before Judge Walter H. Rice.). (Court Reporter: Debra Futrell) (tp)
November 27, 2017 Opinion or Order Filing 40 STIPULATED PROTECTIVE ORDER re #39 . Signed by Judge Walter H. Rice on 11/27/17. (kma)
November 21, 2017 Filing 39 Joint MOTION for Protective Order Joint Motion for Entry of Proposed Stipulated Protective Order by Plaintiff Freeplay Music, LLC. (Attachments: #1 Text of Proposed Order [Proposed] Stipulated Protective Order) (Hilsheimer, Lauren)
November 21, 2017 NOTICE OF TELEPHONE CONFERENCE: Telephone Conference set for 12/4/2017 04:15 PM before Judge Walter H. Rice. (tp)
November 20, 2017 Opinion or Order NOTATION ORDER sustaining #37 Motion for Leave to Appear Pro Hac Vice of Robert Michael Collins. Signed by Judge Walter H. Rice on 11/20/2017. (tp)
November 17, 2017 Filing 38 RESPONSE to Motion re #22 MOTION Preliminary Pretrial Conference Order re #13 Preliminary Pretrial Order,,, Memorandum in Support of Plaintiff's Opposition to Defendant's Motion for Modification filed by Plaintiff Freeplay Music, LLC. (Attachments: #1 Exhibit A) (Hilsheimer, Lauren)
November 16, 2017 Filing 37 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6208757) of Robert Michael Collins by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Kennedy, Katherine)
November 15, 2017 Filing 36 NOTICE to Take Deposition of Tunesat, LLC by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit) (Kennedy, Katherine)
November 15, 2017 Filing 35 NOTICE to Take Deposition of FPM Holding Corp. by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit) (Kennedy, Katherine)
November 13, 2017 Opinion or Order Filing 34 NOTATION ORDER: For good cause shown, Plaintiff's motion for leave to file a sur-reply (doc. #33 ) is GRANTED. Plaintiff's sur-reply (doc. [33-1]) is hereby deemed filed as of 11/10/2017. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 11/13/2017. (dm)
November 10, 2017 Filing 33 MOTION for Leave to File Plaintiff's Motion for Leave to File Sur-Reply, or in the Alternative to Strike Defendant's Reply by Plaintiff Freeplay Music, LLC. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Sur-Reply to Defendant's Reply Memorandum in Support of Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) and for Sanctions Pursuant to 28 U.S.C. 1927 and the Court's Inherent Authority) (Hilsheimer, Lauren)
November 8, 2017 Filing 32 NOTICE by Defendant Dave Arbogast Buick-GMC, Inc. of Service of Subpoena for Testimony (Attachments: #1 Exhibit) (Kennedy, Katherine)
November 8, 2017 Notice of Correction re: #28 Notice (Other), #27 Notice (Other) - This document was uploaded as a fillable form and information is removable. Counsel is directed to PDF any future fillable forms prior to docketing. (srb)
November 7, 2017 Filing 31 Witness List by Plaintiff Freeplay Music, LLC. (Bertke, Melissa)
November 7, 2017 Filing 30 Consent MOTION to Expedite BRIEFING SCHEDULE AND by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Text of Proposed Order) (Kennedy, Katherine)
November 6, 2017 Filing 29 NOTICE to Take Deposition of Scott Schreer by Defendant Dave Arbogast Buick-GMC, Inc.. (Kennedy, Katherine)
November 6, 2017 Filing 28 NOTICE by Defendant Dave Arbogast Buick-GMC, Inc. of Service of Subpoena Duces Tecum upon Tunesat, LLC (Attachments: #1 Exhibit, #2 Exhibit) (Kennedy, Katherine)
November 6, 2017 Filing 27 NOTICE by Defendant Dave Arbogast Buick-GMC, Inc. of Service of Subpoena Duces Tecum upon FPM Holding Corp (Attachments: #1 Exhibit, #2 Exhibit) (Kennedy, Katherine)
November 6, 2017 Filing 26 NOTICE to Take Deposition of Freeplain Rule 30(b)6 by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit) (Kennedy, Katherine)
November 6, 2017 Filing 25 NOTICE to Take Deposition of Tyler Davis by Defendant Dave Arbogast Buick-GMC, Inc.. (Kennedy, Katherine)
November 6, 2017 Filing 24 NOTICE to Take Deposition of Jordan Davis by Defendant Dave Arbogast Buick-GMC, Inc.. (Kennedy, Katherine)
November 6, 2017 Filing 23 NOTICE to Take Deposition of Chris Woods by Defendant Dave Arbogast Buick-GMC, Inc.. (Kennedy, Katherine)
November 3, 2017 Filing 22 MOTION Preliminary Pretrial Conference Order re #13 Preliminary Pretrial Order,,, by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order) (Kennedy, Katherine)
November 2, 2017 Filing 21 NOTICE of Appearance by Lauren Marie Hilsheimer for Plaintiff Freeplay Music, LLC (Hilsheimer, Lauren)
October 30, 2017 Filing 20 REPLY to Response to Motion re #17 MOTION for Judgment on the Pleadings filed by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Kennedy, Katherine)
October 19, 2017 Opinion or Order NOTATION ORDER sustaining #18 Motion for Leave to Appear Pro Hac Vice of Kennedy, Katherine. Signed by Judge Walter H. Rice on 10/19/2017. (tp)
October 16, 2017 Filing 19 RESPONSE in Opposition re #17 MOTION for Judgment on the Pleadings filed by Plaintiff Freeplay Music, LLC. (Attachments: #1 Affidavit Declaration of Scott Schreer, #2 Affidavit Declaration of Michelle Usitalo, #3 Exhibit Exhibits 1-10, #4 Exhibit Exhibits 11-19, #5 Exhibit Exhibits 20-29) (Bertke, Melissa)
October 16, 2017 Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6163868) of Sugar by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Kennedy, Katherine)
October 3, 2017 Filing 17 MOTION for Judgment on the Pleadings by Defendant Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Supplement Memorandum in Support, #2 Supplement Declaration of Bryan Sugar, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Text of Proposed Order Proposed Order) (Kennedy, Katherine)
October 2, 2017 Filing 16 NOTICE of Appearance by Katherine Lynn Kennedy for Defendant Dave Arbogast Buick-GMC, Inc. (Kennedy, Katherine)
October 2, 2017 Filing 15 NOTICE of Substitution of Counsel - Thomas G. Cardelli substituting foras to Defendant Dave Arbogast Buick-GMC, Inc.. (Cardelli, Thomas)
October 2, 2017 Minute Entry for proceedings held before Judge Walter H. Rice: Telephone Conference held on 10/2/2017. (Court Reporter: Debra Futrell) (tp)
September 21, 2017 Opinion or Order Filing 14 ORDER OF RECUSAL. Magistrate Judge Michael R. Merz recused. Case reassigned to Magistrate Judge Michael J. Newman for all further proceedings. Signed by Magistrate Judge Michael R. Merz on 9/21/17. (kma)
September 20, 2017 Opinion or Order Filing 13 PRELIMINARY PRETRIAL CONFERENCE ORDER: Case is referred to Magistrate Judge Michael R. Merz Motions directed to pleadings due by 10/3/2017. Amended Pleadings due by 10/3/2017. Lay Witness due by 11/7/2017. Plaintiff Primary Expert due by 10/16/2017. Plaintiff Rebuttal Expert due by 11/13/2017. Defendant Primary Expert due by 10/16/2017. Defendant Rebuttal Expert due by 11/13/2017. Discovery due by 12/22/2017. Status Conference set for 1/2/2018 05:00 PM by Teleconference before Judge Walter H. Rice. Proposed Final Pretrial Order due by 5/1/2018. Final Pretrial Conference set for 5/8/2018 05:00 PM by Teleconference before Judge Walter H. Rice. Exhibit Submission for Trial or Hearing due by 5/4/2018. Jury Trial set for 5/21/2018 09:00 AM in Courtroom 1 - Dayton before Judge Walter H. Rice. Signed by Judge Walter H. Rice on 9/20/2017. (pb)
September 19, 2017 Set/Reset Hearings: Telephone Scheduling Conference set for 10/2/2017 03:30 PM before Judge Walter H. Rice. (tp)
September 18, 2017 Opinion or Order NOTATION ORDER sustaining #12 Motion for Leave to Appear Pro Hac Vice of Jason T. Newman. Signed by Judge Walter H. Rice on 09/18/2017. (tp)
September 15, 2017 Filing 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6123668) of Jason T. Newman by Defendant Dave Arbogast Buick-GMC, Inc.. (Cardelli, Thomas)
June 27, 2017 Minute Entry for proceedings held : Telephone Conference held on 6/27/2017. Scheduling Order to be filed shortly. (tp)
June 22, 2017 Opinion or Order NOTATION ORDER sustaining #10 Motion for Leave to Appear Pro Hac Vice of Anthony F. Caffrey, III. Signed by Judge Walter H. Rice on 06/22/2017. (tp)
June 20, 2017 Filing 11 RULE 26(f) REPORT of the Parties by Plaintiff Freeplay Music, LLC. (Bertke, Melissa)
June 20, 2017 Filing 10 First MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6005060) of Anthony F. Caffrey III by Defendant Dave Arbogast Buick-GMC, Inc.. (Cardelli, Thomas)
May 23, 2017 NOTICE: Telephone Conference set for 6/27/2017 04:15 PM before Judge Walter H. Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, Tisha Parker, at 937-512-1501, immediately, to include the additional attorneys in the Preliminary Pretrial Telephone Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (tp)
May 22, 2017 Filing 9 ANSWER to #1 Complaint with Jury Demand filed by All Defendants. (Attachments: #1 Notice of Defense Counsel, #2 Certificate of Mailing) (Cardelli, Thomas)
May 22, 2017 Filing 8 ANSWER to #1 Complaint with Jury Demand filed by All Defendants. (Attachments: #1 Appearance of Defense counsel, #2 Certificate of Mailing) (Cardelli, Thomas)
April 24, 2017 Opinion or Order NOTATION ORDER sustaining #5 Motion for Leave to Appear Pro Hac Vice of Oren Warshavsky. Signed by Judge Walter H. Rice on 04-24-17. (tp)
April 24, 2017 Opinion or Order NOTATION ORDER sustaining #7 Motion for Leave to Appear Pro Hac Vice of Tatiana Markel. Signed by Judge Walter H. Rice on 04-24-17. (tp)
April 24, 2017 Opinion or Order NOTATION ORDER sustaining #6 Motion for Leave to Appear Pro Hac Vice of Michelle R. Usitalo. Signed by Judge Walter H. Rice on 4-24-17. (tp)
April 20, 2017 Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5926152) of Tatiana Markel by Plaintiff Freeplay Music, LLC. (Attachments: #1 Certificate of Good Standing) (Bertke, Melissa)
April 20, 2017 Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5926145) of Michelle R. Usitalo by Plaintiff Freeplay Music, LLC. (Attachments: #1 Certificate of Good Standing) (Bertke, Melissa)
April 20, 2017 Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5926111) of Oren Warshavsky by Plaintiff Freeplay Music, LLC. (Attachments: #1 Certificate of Good Standing) (Bertke, Melissa)
April 20, 2017 Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. (Bertke, Melissa)
February 10, 2017 If case is referred it will be assigned to Magistrate Judge Michael R. Merz. (jmb)
February 9, 2017 Filing 3 NOTICE by Plaintiff Freeplay Music, LLC AO 121 Form Notification of Filing of an Action Regarding a Copyright (Bertke, Melissa)
February 9, 2017 Filing 2 Corporate Disclosure Statement by Plaintiff Freeplay Music, LLC. (Bertke, Melissa)
February 9, 2017 Filing 1 COMPLAINT with JURY DEMAND against Dave Arbogast Buick-GMC, Inc. ( Filing fee $ 400 paid - receipt number: 0648-5835575), filed by Freeplay Music, LLC. (Attachments: #1 Civil Cover Sheet) (Bertke, Melissa)

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Plaintiff: Freeplay Music, LLC
Represented By: Michelle R. Usitalo
Represented By: Marissa Anne Peirsol
Represented By: Melissa D Bertke
Represented By: Tatiana Markel
Represented By: Oren J. Warshavsky
Represented By: Lauren Marie Hilsheimer
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Defendant: Dave Arbogast Buick-GMC, Inc.
Represented By: Jason T. Newman
Represented By: Jeffrey H. Kass
Represented By: Christopher J. Bakes
Represented By: Katherine Lynn Kennedy
Represented By: William W. Mauke, III
Represented By: Anthony F. Caffrey, III
Represented By: Robert Michael Collins
Represented By: Bryan P. Sugar
Represented By: Thomas G. Cardelli
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