MARINO v. USHER
Plaintiff: DANIEL V. MARINO
Defendant: TERRY STEVEN LEWIS, EMI MUSIC PUBLISHING, INC., WARNER-TAMERLINE PUBLISHING CORP., UR-IV MUSIC, INC., SONY MUSIC ENTERTAINMENT, BYSTROM ENTERTAINMENT, SONY MUSIC HOLDINGS, INC., ISSIAH AVILA, JR, EMI APRIL MUSIC, INC., DEFENDERS OF MUSIC, DANTE E BARTON, BOBBY ROSS AVILA, JR, JAMES SAMUEL HARRIS, III, EMI BLACKWOOD MUSIC, INC., USHER, FLYTE TYME TUNES, SUBLIME BASEMENT TUNEZ, MARK PITTS, IN2N ENTERTAINMENT GROUP, LLC., WILLIAM C GUICE, DESTRO MUSIC PRODUCTIONS, INC. and TOMMY VAN DELL
Case Number: 2:2011cv06811
Filed: October 28, 2011
Court: US District Court for the Eastern District of Pennsylvania
Office: Philadelphia Office
County: Philadelphia
Presiding Judge: PAUL S DIAMOND
Nature of Suit: Property Rights: Copyright
Cause of Action: 17:101
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 11, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2017 Opinion or Order Filing 244 ORDER of USCA THAT JUDGMENT OF THE DISTRICT COURT ENTERED ON 5/1/15 IS HEREBY AFFIRMED.(rf, )
February 8, 2017 Opinion or Order Filing 243 ORDER of USCA THAT JUDGMENT ENTERED ON 5/1/15 IS HEREBY AFFIRMED. (rf, )
August 9, 2016 Filing 242 NOTICE of Withdrawal of Appearance by FRANCIS MALOFIY on behalf of DANIEL V. MARINO(MALOFIY, FRANCIS)
August 8, 2016 Filing 241 NOTICE of Appearance by ALFRED JOSEPH FLUEHR on behalf of DANIEL V. MARINO with Certificate of Service(FLUEHR, ALFRED)
January 20, 2016 Filing 240 CERTIFIED COPY OF ORDER FROM USCA THAT ABOVE CAPTIONED CASE IS HEREBY DISMISSED FOR FAILURE TO TIMELY PROSECUTE INSOFAR AS APPELLANT FAILED TO FILE BRIEF AND APPENDIX AS DIRECTED. (rf, )
June 12, 2015 NOTICE of Docketing Record on Appeal from USCA re #238 Notice of Appeal filed by DANIEL V. MARINO. USCA Case Number 15-2359 (rf, )
May 29, 2015 USCA Appeal Fees received $ 505 receipt number PPE121805 re #238 Notice of Appeal filed by DANIEL V. MARINO (rf, )
May 29, 2015 Filing 239 Clerk's Notice to USCA re #238 Notice of Appeal (rf, )
May 29, 2015 Filing 238 NOTICE OF APPEAL as to #155 Order (Memorandum and/or Opinion),,,,, #235 Order, Terminate Deadlines and Hearings,, #195 Order, Terminate Deadlines and Hearings,,,, #152 Memorandum and/or Opinion, #234 Order, Terminate Deadlines and Hearings,, #221 Judgment, #42 Order, Terminate Deadlines and Hearings, #181 Order, Terminate Deadlines and Hearings,, #97 Order, Terminate Deadlines and Hearings,, #48 Order, Terminate Deadlines and Hearings, #153 Order (Memorandum and/or Opinion), Terminate Deadlines and Hearings,,,,,, #75 Order, Terminate Deadlines and Hearings,,,, #194 Order, Terminate Deadlines and Hearings,,,, #154 Memorandum and/or Opinion, #172 Order, Terminate Deadlines and Hearings, #82 Order, Terminate Deadlines and Hearings,, #229 Judgment, Terminate Deadlines and Hearings,,,, by DANIEL V. MARINO. Copies to Judge, Clerk USCA, Appeals Clerk (Attachments: #1 Exhibit 1 - Final Judgment Order and Memo (Doc. Nos. 235, 234), #2 Exhibit 2 - Order Awarding Costs and Fees to Defs. Usher and IN2N (Doc. No. 229), #3 Exhibit 3 - Order Granting Summary Judgment for Def. Van Dell (Doc. No. 221), #4 Exhibit 4 - Order Granting Defs.Request for Fees and Costs (Doc. No. 195), #5 Exhibit 5 - Order Dismissing Copyright Claims Against Def. Guice (Doc. No. 194), #6 Exhibit 6 - Order Denying Plaintiff's Motion to Strike Defs. Request for Costs and Fees (Doc. No. 181), #7 Exhibit 7 - Order Denying Plaintiff's Motion to Amend/Correct Regarding State and Equitable Claims (Doc. No. 172), #8 Exhibit 8 - Order and Memo. Entering Judgment for Defs. Usher and IN2N (Doc. Nos. 155, 154), #9 Exhibit 9 - Order and Memo. Opening Default on Def. Guice (Doc. No. 153, 152), #10 Exhibit 10 - Order Granting Def. Motion to Strike Portions of Einhorn Expert Report (Doc. No. 97), #11 Exhibit 11 - Order Denying Plaintiff's Disco. Requests as Moot (Doc. No. 82), #12 Exhibit 12 - Order Granting Defs. Partial Motion for Judgment on Pleadings (Doc. No. 75), #13 Exhibit 13 - Order Dismissing Count V (Accounting) (Doc. No. 48), #14 Exhibit 14 - Order Dismissing Count IV (Constructive Trust) (Doc. No. 42))(MALOFIY, FRANCIS) Modified on 6/1/2015 (nd, ).
May 27, 2015 NOTICE of Docketing Record on Appeal from USCA re #236 Notice of Appeal, filed by DANIEL V. MARINO. USCA Case Number 15-2270 (jl, )
May 19, 2015 USCA Appeal Fees received $ 505 receipt number PPE121349 re #236 Notice of Appeal, filed by DANIEL V. MARINO (rf, )
May 19, 2015 Filing 237 Clerk's Notice to USCA re #236 Notice of Appeal, : (rf, )
May 19, 2015 Filing 236 NOTICE OF APPEAL as to #235 Order, #152 Memorandum and/or Opinion, #188 Order, #126 Order, #153 Order (Memorandum and/or Opinion), #191 Order, #200 Order, by DANIEL V. MARINO. Copies to Judge, Clerk USCA, Appeals Clerk. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-1, #6 Exhibit E-2, #7 Exhibit F)(STRETTON, SAMUEL) Modified on 5/20/2015 (md).
May 1, 2015 Filing 235 JUDGMENT IS ENTERED IN FAVOR OF DANTE BARTON AND DESTRO MUSIC PRODUCTIONS, INC. AND AGAINST PLAINTIFF AS TO COUNTS I, II AND III OF THE AMENDED COMPLAINT. COUNTS VI, VIII, IX, X, XI, XII, XIII AND XIV OF THE AMENDED COMPLAINT ARE DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/30/15. 5/1/15 ENTERED AND COPIES EMAILED.(rf, )
May 1, 2015 Opinion or Order Filing 234 ORDER THAT AN APPROPRIATE JUDGMENT ENTERING SUMMARY JUDGMENT FOR THE REMAINING DEFENDANTS ON COUNTS I, II AND III AND DISMISSING THE REMAINING COUNTS WITHOUT PREJUDICE FOLLOWS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/30/15. 5/1/15 ENTERED AND COPIES EMAILED.(rf, )
April 10, 2015 Filing 233 Memorandum in Opposition to Doc. No. 230 re #102 MOTION for Summary Judgment filed by DANIEL V. MARINO. (Attachments: #1 Exhibit 1-4, #2 Exhibit 4-7, #3 Exhibit 7-10, #4 Exhibit 10-15, #5 Exhibit 15-16, #6 Exhibit 17-30, #7 Exhibit 31 (Part 1), #8 Exhibit 31 (Part 2), #9 Exhibit 31 (Part 3), #10 Exhibit 31 (Part 4), #11 Exhibit 31 (Part 5), #12 Exhibit 31 (Part 6) - 33)(MALOFIY, FRANCIS)
April 2, 2015 Opinion or Order Filing 232 ORDER THAT DEADLINE FOR PLAINTIFF FILING ANY BRIEF IN OPPOSITION TO MY OPENING THE DEFAULT JUDGMENT AGAINST DANTE BARTON AND DESTRO MUSIC PRODUCTIONS AND ENTERING SUMMARY JUDGMENT (DOC. 23) IS EXTENDED UNTIL 4/10/15.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/1/15. 4/2/15 ENTERED AND COPIES EMAILED.(rf, )
April 1, 2015 Filing 231 Letter to the Honorable Paul S. Diamond from Francis Malofiy. (rf, )
March 26, 2015 Opinion or Order Filing 230 ORDER THAT PLAINTIFF IS ADVISED PURSUANT TO RULE 56(f) THAT I AM CONSIDERING OPENING THE DEFAULT JUDGMENT AGAINST DEFENDANTS DANTE BARTON AND DESTRO MUSIC PRODUCTIONS ON COUNT 1 (DIRECT COPYRIGHT INFRINGEMENT), COUNT II (CONTRIBUTORY COPYRIGHT INFRINGEMENT) AND COUNT III (VICARIOUS COPYRIGHT INFRINGEMENT) AND ENTERING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS BASED ON MY PREVIOUS ORDERS GRANTING SUMMARY JUDGMENT ON THESE SAME COUNTS FOR OTHER DEFENDANTS (DOCS. 154, 194, 221). IF PLAINTIFF OPPOSES ENTRY OF JUDGMENT AS TO THESE COUNTS, HE SHALL FILE ANY BRIEF IN OPPOSITIOON NO LATER THAN 4/3/15.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/25/15. 3/26/15 ENTERED AND COPIES EMAILED.(rf, )
March 25, 2015 Filing 229 JUDGMENT in favor of IN2N ENTERTAINMENT GROUP, LLC. in the amount of $37,549.99 and against DANIEL V. MARINO; in favor of BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER, WARNER-TAMERLINE PUBLISHING CORP., BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, JAMES SAMUEL HARRIS, III, MARK PITTS, TERRY STEVEN LEWIS in the amount of $73,338.61 andagainst DANIEL V. MARINO. MOTION FOR ATTORNEYS FEES AND COSTS (DOC. 177) IS GRANTED IN PART.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/25/15. 3/26/15 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
March 17, 2015 Filing 228 PLAINTIFFS RESPONSE TO DEFENDANTS SUPPLEMENTAL BRIEF ON ABILITY OF PLAINTIFF TO PAY COSTS AND FEES, EXHIBITS, CERTIFICATE OF SERVICE by DANIEL V. MARINO. (Attachments: #1 Exhibit EXHIBIT 1 PART 1, #2 Exhibit EXHIBIT 1 PART 2, #3 Exhibit EXHIBIT 1 PART 3, #4 Exhibit EXHIBIT 2, #5 Exhibit EXHIBIT 3 PART 1, #6 Exhibit EXHIBIT 3 PART 2, #7 Exhibit EXHIBIT 3 PART 3, #8 Exhibit EXHIBIT 3 PART 4, #9 Exhibit EXHIBIT 3 PART 5, #10 Exhibit EXHBIT 3 PART 6, #11 Exhibit EXHIBIT 3 PART 7, #12 Exhibit EXHIBIT 3 PART 8, #13 Exhibit EXHIBIT 3 PART 9, #14 Exhibit EXHIBIT 3 PART 10, #15 Exhibit EXHIBIT 3 PART 11, #16 Exhibit EXHIBIT 3 PART 12, #17 Exhibit EXHIBIT 3 PART 13, #18 Exhibit EXHIBIT 3 PART 14, #19 Exhibit EXHIBIT 3 PART 15, #20 Exhibit EXHIBIT 3 PART 16, #21 Exhibit EXHIBIT 3 PART 17, #22 Exhibit EXHIBIT 3 PART 18, #23 Exhibit EXHIBIT 3 PART 19) (rf, )
March 17, 2015 Filing 227 REPLY to Response to Motion re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505, #176 MOTION for Attorney Fees filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (OLESH, MATTHEW)
March 17, 2015 Filing 226 Memorandum in Support re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505, #176 MOTION for Attorney Fees filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Second Supplemental Declarations of Mark S. Lee and Lance S. Rogers, #2 Second Supplemental Declaration of Jonathan D. Davis, #3 Ex. A to Second Supp. Davis Decl., #4 Ex. B to Second Supp. Davis Decl. (Part 1), #5 Ex. B to Second Supp. Davis Decl. (Part 2), #6 Ex. B to Second Supp. Davis Decl. (Part 3), #7 Ex. B to Second Supp. Davis Decl. (Part 4), #8 Ex. C to Second Supp. Davis Decl., #9 Ex. D to Second Supp. Davis Decl. (Part 1), #10 Ex. D to Second Supp. Davis Decl. (Part 2), #11 Ex. E to Second Supp. Davis Decl., #12 Ex. F to Second Supp. Davis Decl., #13 Ex. G to Second Supp. Davis Decl., #14 Ex. H to Second Supp. Davis Decl., #15 Ex. I to Second Supp. Davis Decl., #16 Ex. J to Second Supp. Davis Decl., #17 Ex. K to Second Supp. Davis Decl. (Part 1), #18 Ex. K to Second Supp. Davis Decl. (Part 2), #19 Ex. K to Second Supp. Davis Decl. (Part 3), #20 Ex. K to Second Supp. Davis Decl. (Part 4), #21 Certificate of Service)(OLESH, MATTHEW)
March 11, 2015 Opinion or Order Filing 225 ORDER THAT PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER (DOC. NO. #224 ), IS DENIED. THE PARTIES SHALL REFILE DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR COSTS, PLAINTIFF'S RESPONSE, AND DEFENDANT'S REPLY ON THE PUBLIC DOCKET NO LATER THAN 3/17/2015. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/10/2015.3/11/2015 ENTERED AND COPIES E-MAILED.(amas)
February 20, 2015 Filing 224 First MOTION to Seal ***Refiled Pursuant to the Court's Instructions*** filed by DANIEL V. MARINO.Certificate of Service.(MALOFIY, FRANCIS)
February 19, 2015 Filing 223 DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S REVISED MOTION FOR A PROTECTIVE ORDER (FILED UNDER SEAL) (rf, )
February 11, 2015 Filing 222 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS MOTION FOR COSTS (FILED UNDER SEAL)(rf, )
February 10, 2015 Filing 221 JUDGMENT in favor of TOMMY VAN DELL and against DANIEL V. MARINO. CLERK SHALL MARK DEFENDANT TOMMY VAN DELL AS TERMINATED FROM THIS ACTION.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/10/15. 2/11/15 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
February 5, 2015 Opinion or Order Filing 220 ORDER THAT PLAINTIFFS MOTION FOR A PROTECTIVE ORDER (DOC. 215) IS DENIED WITHOUT PREJUDICE. FURTHER ORDERED THAT PLAINTIFF SHALL SUBMIT BY 2/12/15 A MEMORANDUM CONSISTENT WITH THE ORDER. DEFENDANTS MAY RESPOND BY 2/19/15.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/5/15. 2/5/15 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, E-MAILED.(rf, )
February 4, 2015 Filing 219 RESPONSE in Opposition re #215 First MOTION for Protective Order filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(OLESH, MATTHEW)
January 28, 2015 Set/Reset Deadlines as to #215 First MOTION for Protective Order . RESPONSES DUE BY 2/4/2015. (rf, )
January 28, 2015 Opinion or Order Filing 218 ORDER THAT PLAINTIFF SHALL RESPOND TO DEFENDANTS SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR COSTS (DOC. 216) AND DEFENDANTS SHALL RESPOND TO PLAINTIFFS MOTION FOR PROTECTIVE (DOC. 215) ORDER BY 2/4/15. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/28/15. 1/28/15 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, EMAILED(rf, )
January 26, 2015 Filing 217 CERTIFICATE OF SERVICE by IN2N ENTERTAINMENT GROUP, LLC. (FILED UNDER SEAL)(rf, )
January 23, 2015 Filing 216 Declaration of Jonathan D. Davis, Supplemental Declaration of Mark S. Lee and Lance Rogers in Support of Motion for Costs and Supplemental Memorandum of Law in Further Support of Defendants' Motion for Costs.(FILED UNDER SEAL) (mbh, )
January 16, 2015 Filing 215 First MOTION for Protective Order filed by DANIEL V. MARINO.Memorandum of Law, Verification, Certificate of Service.(MALOFIY, FRANCIS)
January 15, 2015 Filing 214 NOTICE of Appearance by SUSANNE WHERRY on behalf of IN2N ENTERTAINMENT GROUP, LLC. (WHERRY, SUSANNE)
January 14, 2015 Opinion or Order Filing 213 ORDER THAT THE DEADLINE FOR THE DEFENDANTS TO SUBMIT THEIR JOINT BRIEF ADDRESSING PLAINTIFFS ABILITY TO PAY FEES AND COSTS IS EXTENDED TO 1/23/15. PLAINTIFF MAY FILE HIS RESPONSE BY 1/30/15.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/14/15. 1/14/15 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
January 13, 2015 Opinion or Order Filing 212 ORDER THAT PARTIES BRIEFS AND EXHIBITS RELATED TO DEFENDANTS MOTIONS FOR ATTORNEY FEES (DOC. 176, 177) SHALL BE FILED UNDER SEAL PENDING PLAINTIFF FILING A MOTION FOR A PROTECTIVE ORDER.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/13/15. 1/13/15 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
January 13, 2015 Filing 211 Letter to the Honorable Paul S. Diamond from Lance Rogers (rf, )
January 13, 2015 Filing 210 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
December 11, 2014 Opinion or Order Filing 209 ORDER THAT DEFENDANTS TIME TO DEPOSE PLAINTIFF IS EXTENDED TO 12/20/14. THE DEADLINE FOR THE PARTIES TO SUBMIT ANY ADDITIONAL BRIEFING ON THE SUBJECT OF PLAINTIFFS ABILITY TO PAY FEES AND COSTS IS EXTENDED TO 1/16/15.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/10/14. 12/11/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
November 28, 2014 Filing 208 Praecipe to Correct Docket Text and Attach Exhibits 31 & 32 to Plaintiff's Brief in Opposition to Grant of Summary Judgment for Defendant Thomas van Dell by DANIEL V. MARINO. (Attachments: #1 Exhibit 31 - Part 1, #2 Exhibit 31 - Part 2, #3 Exhibit 31 - Part 3, #4 Exhibit 31 - Part 4, #5 Exhibit 31 - Part 5, #6 Exhibit 31 - Part 6 & Exhibit 32)(MALOFIY, FRANCIS)
November 26, 2014 Filing 207 Memorandum in Opposition re #167 MOTION to Amend/Correct #155 Order (Memorandum and/or Opinion),,,,, ***Opposition to Van Dell Summary Judgment*** filed by DANIEL V. MARINO. (Attachments: #1 Exhibit Index, #2 Exhibits 1-4, #3 Exhibits 4-7, #4 Exhibits 7-10, #5 Exhibits 10-15, #6 Exhibits 15-16, #7 Exhibits 17-30)(MALOFIY, FRANCIS)
November 26, 2014 Opinion or Order Filing 206 ORDER of USCA THAT MATTER IS HEREBY DISMISSED PURSUANT TO FED.R.APP.P.42(b) WITHOUT COSTS TO EITHER PARTY. (rf, )
November 14, 2014 DISCOVERY DUE BY 12/12/2014. (rf, )
November 14, 2014 Opinion or Order Filing 205 ORDER THAT PLAINTIFFS TIME TO RESPOND TO DEFENDANTS INTERROGATORIES IS EXTENDED TO 11/21/14. PLAINTIFFS TIME TO PRODUCE DOCUMENTS AND OTHERWISE RESPOND TO DEFEDANTS REQUESTS FOR PRODUCTION IS EXTENDED TO 11/21/14. DEFENDANTS TIME TO DEPOSE PLAINTIFF OR TO PURSUE ADDITIONAL DISCOVERY PURSUANT TO MY 11/3/14 ORDER IS EXTENDED TO 12/12/14. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/14/14. 11/14/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
November 14, 2014 NOTICE of Docketing Record on Appeal from USCA re #196 Notice of Appeal filed by DANIEL V. MARINO. USCA Case Number 14-4408 (rf, )
November 14, 2014 Filing 204 STIPULATION by IN2N ENTERTAINMENT GROUP, LLC for Extension of Time. (ROGERS, LANCE) (FILED IN ERROR BY ATTY) Modified on 11/17/2014 (md).
November 13, 2014 Opinion or Order Filing 203 ORDER THAT PLAINTIFF IS ADVISED PURSUANT TO RULE 56(f) THAT I AM CONSIDERING ENTERING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT TOMMY VAN DELL, WHO IS PROCEEDING, PRO SE, ON COUNT I (DIRECT COPYRIGHT INFRINGEMENT) AND COUNT III (VICARIOUS COPYRIGHT INFRINGEMENT) BASED ON MY PREVIOUS ORDER GRANTING SUMMARY JUDGMENT ON THESE SAME COUNTS FOR OTHER DEFENDANTS. (DOC. 154, 194) PLAINTIFF SHALL FILE A BRIEF IN OPPOSITION NO LATER THAN 11/26/14 IF HE OPPOSES ENTRY OF JUDGMENT AS TO THESE COUNTS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/13/14. 11/13/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
November 11, 2014 Filing 202 Correct Docket Text and Attach Exhibits to Plaintiffs Brief in Opposition to Grant of Summary Judgment for Defendant Guice on Plaintiffs Breach of Contract Claims (Doc. No. 201) by DANIEL V. MARINO. (Attachments: #1 Exhibit Index, #2 Exhibits 1-4, #3 Exhibits 4-7, #4 Exhibits 7-10, #5 Exhibits 10-15, #6 Exhibits 15-28, #7 Exhibits 29-30)(MALOFIY, FRANCIS)
November 10, 2014 Filing 201 Memorandum in Opposition re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505 filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
November 6, 2014 Opinion or Order Filing 200 ORDER THAT MR. MALOFIYS MOTION TO VACATE (DOC. 199) IS GRANTED. UNLESS MR. MALOFIY OBTAINS A STAY FROM THE COURT OF APPEALS, HE SHALL PAY $28,266.54 IN SANCTIONS AS SET OUT IN MY 8/28/14 ORDER BY 11/20/14. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/6/14. 11/6/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, ) (Main Document 200 replaced on 11/7/2014) (rf, ).
November 5, 2014 Filing 199 MOTION to Vacate #198 Order, Terminate Deadlines and Hearings,, filed by DANIEL V. MARINO.Memorandum, Certificate of Service. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(STRETTON, SAMUEL)
November 5, 2014 USCA Appeal Fees received $ 505 receipt number PPE110846 re #196 Notice of Appeal filed by DANIEL V. MARINO (rf, )
November 5, 2014 Opinion or Order Filing 198 ORDER THAT DEFENDANTS SHALL INFORM THE COURT BY 11/6/14 AT 5:00PM WHETHER MR. MALOFIY HAS COMPLIED WITH MY 10/23/14 ORDER BY PAYING THE SANCTIONS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/5/14. 11/6/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
November 4, 2014 Filing 197 Clerk's Notice to USCA re #196 Notice of Appeal : (rf, )
November 4, 2014 Filing 196 NOTICE OF APPEAL as to #193 Order, Terminate Deadlines and Hearings,, by DANIEL V. MARINO. Filing fee $ 505. Copies to Judge, Clerk USCA, Appeals Clerk and (Attachments: #1 Exhibit A)(STRETTON, SAMUEL)
November 3, 2014 Opinion or Order Filing 195 ORDER THAT MOTIONS FOR ATTORNEYS FEES AND COSTS IS GRANTED. FURTHER ORDERED THAT PLAINTIFF SHALL SUBMIT TO INTERROGTORY, DOCUMENT AND DEPOSITION DISCOVERY REGARDING HIS ABILITY TO PAY THESE FEES AND COSTS. THAT DISCOVERY SHALL BE COMPLETED IN 30 DAYS. IF THE PARTIES CANNOT AGREE UPON A DISCOVERY SCHEDULE, THEY SHALL NOTIFY ME IMMEDIATELY. THE PARTIES SHALL SUBMIT TO ME BY 12/17/14 ANY ADDITIONAL BRIEFING ON THE SUBJECT OF PLAINTIFFS ABILITY TO PAY FEES AND COSTS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/3/14. 11/3/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
October 27, 2014 Opinion or Order Filing 194 ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF WILLIAM GUICE AND AGAINST PLAINTIFF AS TO COUNTS I, II AND III. FURTHER ORDERED THAT PLAINTIFF IS ADVISED, PURSUANT TO RULE 56(f) THAT I AM ALSO CONSIDERING ENTERING SUMMARY JUDGMENT IN MR. GUICE'S FAVOR ON PLAINTIFFS REMAINING CLAIMS FOR BREACH OF SONGWRITING AGREEMENT (COUNT VI) AND BREACH OF PUBLISHING AGREEMENT (COUNT VIII). PLAINTIFF SHALL FILE A BRIEF IN OPPOSITION NO LATER THAN 11/10/14 IS HE OPPOSES ENTRY OF JUDGMENT AS TO THE COUNTS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/27/14. 10/28/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
October 23, 2014 Opinion or Order Filing 193 ORDER THAT MOTION OF FRANCIS MALOFIY TO STAY THE PAYMENT FOR SANCTIONS UNTIL HIS APPEALS ARE COMPLETED (DOC. 192) IS DENIED AS OUTLINED HEREIN.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/23/14. 10/23/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
October 20, 2014 Filing 192 MOTION to Stay re #191 Order, Terminate Deadlines and Hearings Payment for Sanctions Until Appeals are Completed filed by DANIEL V. MARINO.Memorandum, Certificate of Service. (Attachments: #1 Proposed Order, #2 Exhibit A)(STRETTON, SAMUEL)
September 9, 2014 Opinion or Order Filing 191 ORDER THAT MR. MALOFIY SHALL WITHIN 45 DAYS PAY THE FEES AND COSTS AS SET OUT IN THE 8/28/14 ORDER (DOC. 188) AS OUTLINED HEREIN.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/9/14. 9/9/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
September 8, 2014 Filing 190 Letter to the Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
September 5, 2014 Filing 189 Letter to the Honorable Paul S. Diamond from Samuel C. Stretton (rf, )
August 28, 2014 Opinion or Order Filing 188 ORDER THAT FOLLOWING FEES AND COSTS ARE RESONABLE AND COMPENSABLE AS TO IN2N IN THE AMOUNT OF $8,558.16 AND AS TO THE SONY DEFENDANTS IN THE AMOUNT OF $19,708.38, AS OUTLINED HEREIN. FURTHER ORDERED THAT MR. MALOFIY SHALL SUBMIT TO INTERROGATORY, DOCUMENT AND DEPOSITION DISCOVERY REGARDING HIS ABILITY TO PAY THESE FEES AND COSTS AS OUTLINED HEREIN.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/28/14. 8/29/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
August 18, 2014 Filing 187 REPLY to Response to Motion re #176 MOTION for Attorney Fees filed by IN2N ENTERTAINMENT GROUP, LLC.. (Attachments: #1 Certificate of Service)(ROGERS, LANCE)
August 18, 2014 Filing 186 Declaration re #185 Reply to Response to Motion,, Supplemental Declaration of Jonathan D. Davis by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Exhibit A)(OLESH, MATTHEW)
August 18, 2014 Filing 185 REPLY to Response to Motion re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505 filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (OLESH, MATTHEW)
August 5, 2014 Filing 184 NOTICE of Change of Address by JONATHAN D. DAVIS(DAVIS, JONATHAN)
August 2, 2014 Filing 183 PRAECIPE to Attach Verification and Exhibit to Plaintiff's Omnibus Response in Opposition to Defendants' Motions for Costs and Fees by DANIEL V. MARINO. (MALOFIY, FRANCIS) Modified on 8/4/2014 (md).
August 1, 2014 Filing 182 RESPONSE in Opposition re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505, #176 MOTION for Attorney Fees ***OMNIBUS RESPONSE*** filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
July 18, 2014 Set/Reset Deadlines as to #176 MOTION for Attorney Fees , #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505. RESPONSES DUE BY 8/1/2014. (rf, )
July 18, 2014 Opinion or Order Filing 181 ORDER THAT PLAINTIFFS MOTION TO STRIKE AND TO STAY IS DENIED. PLAINITFFS MOTION FOR AN EXTENSION OF TIME IS GRANTED. PLAINTIFF SHALL FILE HIS RESPONSE TO MOVING DEFENDANTS MOTIONS (DOC. 176,177) NO LATER THAN 8/1/14.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/17/14. 7/18/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
July 16, 2014 Filing 180 First MOTION to Strike #179 Declaration,, #178 Declaration,, #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505, #176 MOTION for Attorney Fees , First MOTION to Stay re #178 Declaration,, #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505, #179 Declaration,, #176 MOTION for Attorney Fees , First MOTION for Extension of Time to File Response/Reply as to #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505, #176 MOTION for Attorney Fees filed by DANIEL V. MARINO.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Text of Alternative Proposed Order)(MALOFIY, FRANCIS)
July 11, 2014 Filing 179 Declaration re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505 of Michael Eidel by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (OLESH, MATTHEW)
July 11, 2014 Filing 178 Declaration re #177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505 of Jonathan D. Davis by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit A (Part 3), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(OLESH, MATTHEW)
July 11, 2014 Filing 177 MOTION for Attorney Fees Under Fed. R. Civ. P. 54 and 17 U.S.C. 505 filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Memorandum, Certificate of Service. (Attachments: #1 Proposed Order, #2 Memorandum of Law)(OLESH, MATTHEW)
July 11, 2014 Filing 176 MOTION for Attorney Fees filed by IN2N ENTERTAINMENT GROUP, LLC..Memorandum of Law, Declaration, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum Memorandum of Law, #3 Declarations of Mark Lee & Lance Rogers, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Certificate of Service)(ROGERS, LANCE)
June 25, 2014 Filing 175 REPLY to Response to Motion re #105 Joint MOTION for Sanctions by Moving Defendants Response to Answer to Petition for Reasonable Attorneys' Fees, Costs, and Expenses Arising from Attorney Francis Malofiy's Misconduct filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B)(OLESH, MATTHEW)
June 25, 2014 NOTICE of Docketing Record on Appeal from USCA re #168 Notice of Appeal,, filed by DANIEL V. MARINO. USCA Case Number 14-3081 (ems)
June 25, 2014 Filing 174 REPLY to Response to Motion re #105 Joint MOTION for Sanctions by Moving Defendants Reply in Support of Petition for Fees filed by IN2N ENTERTAINMENT GROUP, LLC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Certificate of Service)(ROGERS, LANCE)
June 25, 2014 Opinion or Order Filing 173 ORDER THAT PLAINTIFFS MOTION TO STRIKE DEFENDANTS' LETTER BRIEF (DOC. 171) IS DENIED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/24/14. 6/25/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
June 25, 2014 Opinion or Order Filing 172 ORDER THAT PLAINTIFFS MOTION TO AMEND/CORRECT (DOC. 167) IS DENIED AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/24/14. 6/25/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
June 24, 2014 Filing 171 First MOTION to Strike #170 Letter Brief of Defendants Improperly Submitted in Response to Plaintiff's Motion to Correct Clerical Error filed by DANIEL V. MARINO.Memorandum, Certificate of Service.(MALOFIY, FRANCIS)
June 23, 2014 Filing 170 Letter to the Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
June 20, 2014 Filing 169 Clerk's Notice to USCA re #168 Notice of Appeal,, : (rf, )
June 20, 2014 USCA Appeal Fees received $ 505 receipt number PPE103130 re #168 Notice of Appeal,, filed by DANIEL V. MARINO (rf, )
June 20, 2014 Filing 168 NOTICE OF APPEAL as to #155 Order (Memorandum and/or Opinion),,,,, #152 Memorandum and/or Opinion, #75 Order, Terminate Deadlines and Hearings,,,, #157 Order, Terminate Deadlines and Hearings, #154 Memorandum and/or Opinion, #82 Order, Terminate Deadlines and Hearings,, #42 Order, Terminate Deadlines and Hearings, #97 Order, Terminate Deadlines and Hearings,, #126 Order, Terminate Deadlines and Hearings,,,, #48 Order, Terminate Deadlines and Hearings, #153 Order (Memorandum and/or Opinion), Terminate Deadlines and Hearings,,,,,, by DANIEL V. MARINO. Copies to Judge, Clerk USCA, Appeals Clerk, Certificate of Service. (MALOFIY, FRANCIS) Modified on 6/23/2014 (nd). *MAILED TO PRO SE DEFENDANT & UNREPS*
June 18, 2014 Filing 167 MOTION to Amend/Correct #155 Order (Memorandum and/or Opinion),,,,, filed by DANIEL V. MARINO.Plaintiff's Motion to Correct Clerical Error Pursuant to FRCP 60(a).(MALOFIY, FRANCIS)
June 18, 2014 Filing 166 Response in Opposition re #162 Application/Petition,, by DANIEL V. MARINO. (STRETTON, SAMUEL)
June 18, 2014 Filing 165 Response in Oppositoin re #161 Application/Petition, by DANIEL V. MARINO. (STRETTON, SAMUEL)
June 12, 2014 Filing 164 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
June 6, 2014 Filing 163 Defendant's Response to Request for Review of Plaintiff re #102 MOTION for Summary Judgment filed by DANIEL V. MARINO. (Attachments: #1 Exhibit EXHIBIT LIST, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(MALOFIY, FRANCIS)
June 4, 2014 Filing 162 PETITION For Reasonable Attorneys' Fees, Costs, And Expenses Arising From Attorney Francis Malofiy's Misconduct by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP. (Attachments: #1 Exhibit A, #2 Exhibit B)(OLESH, MATTHEW) Modified on 6/5/2014 (md).
June 4, 2014 Filing 161 PETITION for Attorneys' Fees, Costs & Expenses by IN2N ENTERTAINMENT GROUP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(ROGERS, LANCE) Modified on 6/5/2014 (md).
May 28, 2014 Filing 160 Letter to the Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
May 28, 2014 Filing 159 Letter to the Honorable Paul S Diamond from Francis Malofiy (rf, )
May 28, 2014 Opinion or Order Filing 158 ORDER THAT DEFENDANTS LETTER REQUEST FOR AN EXTENSION OF TIME (5/27/14 LETTER) IS GRANTED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/28/14. 5/28/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
May 27, 2014 Opinion or Order Filing 157 ORDER THAT PLAINTIFFS MOTION FOR CLARIFICATION (DOC. 156) IS DENIED AS OUTLINED HEREIN.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/27/14. 5/27/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
May 27, 2014 Filing 156 First MOTION for Clarification on Whether Judgment is Final and Appealable filed by DANIEL V. MARINO.Plaintiff's Motion for Clarification on Whether Judgment is Final and Appealable, Memorandum, and Certificate of Service. (Attachments: #1 Exhibit 1 - Email Chain Between Plaintiff's Counsel and Defense Counsel)(MALOFIY, FRANCIS)
May 21, 2014 Filing 155 MEMORANDUM AND ORDER THAT MOTION FOR SUMMARY JUDGMENT (DOC. 102) FILED BY BOBBY ROSS AVILA, JR., ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRI MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC, USHER TERRY RAYMOND IV AND WARNER TAMERLANE CORP. IS GRANTED. THE MOTION FOR JOINDER IN SUMMARY JUDGMENT (DOC. 103) FILED BY IN2N ENTERTAINMENT GROUP, INC. IS GRANTED. SUMMARY JUDGMENT IS ENTERED IN FAVOR OF MOVING DEFENDANTS AND AGAINST PLAINTIFF AS TO COUNTS I & III. JUDGMENT IS ENTERED IN FAVOR OF BOBBY ROSS AVILA, JR., ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRI MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC, USHER TERRY RAYMOND IV AND WARNER TAMERLANE CORP & IN2N ENTERTAINMENT GROUP, INC. AND AGAINST PLAINTIFF AS TO ALL PLAINTIFFS CLAIMS AGAINST THEM. PURSUANT TO RULE 56(f) PLAINTIFF IS ADVISED THAT I AM CONSIDERING ENTERING SUMMARY JUDGMENT IN FAVOR OF WILLIAM GUICE AS TO COUNTS I,II & III. PLAINTIFF SHALL FILE A BRIEF IN OPPOSITION NO LATER THAN 6/6/14 IF HE OPPOSES ENTRY OF JUDGMENT AS TO THESE COUNTS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/21/14. 5/21/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
May 21, 2014 Filing 154 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/21/14. 5/21/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
May 21, 2014 Filing 153 MEMORANDUM AND ORDER THAT DEFENDANTS REQUEST FOR INCREASED ATTORNEYS FEES, COSTS AND EXPENSES ARISING FROM THE SECOND DAY OF WILLIAM GUICE'S DEPOSITION IS GRANTED. DEFENDANTS REASONABLE ATTORNEYS FEES, COSTS AND EXPENSES ARE TO BE TAXED TO MR. MALOFIY. DEFENDANTS SHALL SUBMIT A PETITION, SETTING FORTH AN ITEMIZATION OF THEIR CLAIM FOR ATTORNEYS FEES, COSTS AND EXPENSES, INCLUDING THE NECESSARY FACTUAL SUPPORT, ON OR BEFORE 6/4/14. PLAINTIFF MAY FILE AN OPPOSITION ON OR BEFORE 6/18/14. DEFENDANTS MAY FILE A REPLY ON OR BEFORE 6/25/14. THE DEFAULT JUDGMENT ENTERED AGAINST WILLIAM GUICE IS HEREBY OPENED. WILLIAM GUICE'S AFFIDAVIT DATED 2/28/12 IS STRICKEN. THE 5/2/13 DEPOSITION OF WILLIAM GUICE FROM LINE 9:6 THROUGH LINE 150:4 IS STRICKEN, AS OUTLINED HEREIN.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/21/14. 5/21/14 ENTERED AND COPIES MAILED TO VAN DELL, EMAILED.(rf, )
May 21, 2014 Filing 152 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/21/14. 5/21/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED(rf, )
March 25, 2014 Filing 151 Letter to the Honorable Paul S. Diamond from Jonathan D. Davis. (rf, )
March 18, 2014 Filing 150 Memorandum of Law and Findings of Fact in reference to the sanctions hearing re #105 Joint MOTION for Sanctions by Moving Defendants on behalf of Francis Malofiy filed by DANIEL V. MARINO. (Attachments: #1 Exhibits)(STRETTON, SAMUEL)
March 4, 2014 Filing 149 PRAECIPE to Supplement the Record by DANIEL V. MARINO. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3) (STRETTON, SAMUEL) Modified on 3/4/2014 (nd).
February 28, 2014 Filing 148 Proposed Findings of Fact and Conclusions of Law by IN2N ENTERTAINMENT GROUP, LLC.. (Attachments: #1 Supplement Signature page for Defendant van Dell, #2 Certificate of Service)(ROGERS, LANCE)
February 25, 2014 Filing 147 TRANSCRIPT of Sanctions Hearing Proceedings held on 1/28/14 before Judge DIAMOND. Court Reporter: D. TAYLOR.. (rf, )
January 29, 2014 Filing 146 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Hearing Day 2 held on 1/28/14. Court Reporter: M. SCARENGELLI. (rf, )
January 29, 2014 Filing 145 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Hearing-Day 1 held on 1/6/14. Court Reporter: M. SCARENGELLI. (rf, )
January 28, 2014 Opinion or Order Filing 144 ORDER THAT RESPONDENT FRANCIS MALOFIYS FINDINGS OF FACT AND CONCLUSIONS OF LAW (DOC. 141) ARE STRICKEN WITHOUT PREJUDICE AS PREMATURE. RESPONDENT SHALL INFORM THE COURT NO LATER THAN 1/31/14 AT 5:00PM WHETHER HE INTENDS TO INTRODUCE INTO THE RECORD HIS PHONE LOGS. MOVING DEFENDANTS NO LATER THAN 2/28/14 AT 5:00PM SHALL SUBMIT THEIR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MAY SUBMIT ANY SUPPLEMENTAL ARGUMENT. RESPONDENT SHALL RESPOND NO LATER THAN 3/21/14 AT 5:00PM.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/28/14. 1/28/14 ENTERED AND COPIES MAILED TO VAN DELL, E-MAILED.(rf, )
January 24, 2014 Opinion or Order Filing 143 ORDER THAT RESPONDENT FRANCIS MALOFIY'S UNOPPOSED MOTION FOR CONTINUANCE (DOC. 137) IS GRANTED. MOTION HEARING SET FOR 1/28/2014 01:30 PM.SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/23/14. 1/24/14 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, E-MAILED.(rf, )
January 23, 2014 Filing 142 Letter to the Honorable Paul S. Diamond from Lance Rogers (rf, )
January 21, 2014 Filing 141 Memorandum of Law in Opposition to Defendants' Motion for Sanctions and Findings of Fact in Reference to the Sanctions Hearing on behalf of Francis Malofiy, Esquire re #105 Joint MOTION for Sanctions by Moving Defendants filed by DANIEL V. MARINO. (STRETTON, SAMUEL) *STRICKEN FROM THE RECORD PER COURT ORDER OF 1/28/14, DOC. 144*
January 17, 2014 Filing 140 Letter to the Honorable Paul S. Diamond from Bruce L. Castor, Jr. (rf, )
January 16, 2014 Filing 139 TRANSCRIPT of Proceedings held on 1/6/14 before Judge DIAMOND. Court Reporter: KATIE FURPHY. SANCTIONS HEARING (jl, )
January 15, 2014 Opinion or Order Filing 138 ORDER THAT THE CLERK OF COURTS SHALL SEND ECF NOTICES TO SAMUEL C. STRETTON COUNSEL OF RECORD FOR MR. MALOFIY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/14/14. 1/15/14 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, E-MAILED. *EMAILED TO STRETTON*(rf, )
January 13, 2014 Filing 137 MOTION to Continue the Hearing Scheduled for January 24, 2014 on Defendants' Motion for Sanctions filed by DANIEL V. MARINO.Memorandum; Certificate of Service. (Attachments: #1 Proposed Order)(STRETTON, SAMUEL)
January 8, 2014 Opinion or Order Filing 136 ORDER TAHT PARTIES SHALL APPEAR BEFORE ME FOR A CONTINUATION OF THE HEARING ON THE DEFENDANTS MOTION FOR SANCTIONS ON 1/24/2014 11:00 AM. FURTHER ORDERED THAT THE PARTIES SHALL FILE ANY SUPPLEMENTAL BRIEFING NO LATER THAN 3:00PM ON 1/21/14. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/7/14. 1/9/14 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, E-MAILED.(rf, )
December 30, 2013 Filing 135 Letter to the Honorable Paul S. Diamond from Samuel C. Stretton (rf, )
December 30, 2013 Opinion or Order Filing 134 ORDER THAT SHOW CAUSE HEARING SET FOR 1/3/2014 09:15 AM AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/30/13. 12/30/13 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, E-MAILED.(rf, )
December 17, 2013 Filing 133 NOTICE of Appearance by SAMUEL C. STRETTON on behalf of DANIEL V. MARINO with Certificate of Service(STRETTON, SAMUEL)
December 11, 2013 Opinion or Order Filing 132 ORDER THAT DEFENDANTS LETTER (DOC. 131) ALL DEADLINES IN THIS CASE ARE STAYED PENDING RESOLUTION OF SUMMARY JUDGMENT.SIGNED BY HONORABLE LEGROME D. DAVIS ON 12/10/13. 12/11/13 ENTERED AND COPIES MAILED TO PRO SE VAN DELL, E-MAILED.(rf, )
December 6, 2013 Filing 131 Letter to the Honorable Paul S. Diamond from Michael Eidel (rf, )
December 5, 2013 Filing 130 Letter to the Honorable Paul S. Diamond from Lance Rogers (rf, )
November 27, 2013 Filing 129 REPLY to Response to Motion re #102 MOTION for Summary Judgment Further Reply Memorandum of Law in Support of the Moving Defendants' Motion for Summary Judgment filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Declaration, #2 Exhibit EE)(OLESH, MATTHEW)
November 20, 2013 Filing 128 RESPONSE in Support re #102 MOTION for Summary Judgment filed by IN2N ENTERTAINMENT GROUP, LLC.. (Attachments: #1 Certificate of Service) (ROGERS, LANCE) Modified on 11/20/2013 (nd).
November 20, 2013 Filing 127 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. re #114 Reply to Response to Motion of Errata (Attachments: #1 Certificate of Service)(ROGERS, LANCE)
November 19, 2013 SHOW CAUSE HEARING SET FOR 1/3/2014 10:30 AM BEFORE HONORABLE PAUL S. DIAMOND. (rf, )
November 19, 2013 Opinion or Order Filing 126 ORDER THAT DEFENDANTS MOTION FOR SANCTIONS IS DENIED IN PART. THE PARTIES SHALL APPEAR BEFORE ME ON 1/3/14 AT 10:30AM FOR A HEARING TO DETERMINE WHETHER I SHOULD IMPOSE SANCTIONS ON ATTORNEY MALOFIY. IT APPEARS THAT THE TESTIMONY OF BOTH MR. GUICE WILL BE NECESSARY AT THE 1/3/14 HEARING. ACCORDINGLY, DEFENDANTS MAY SUBPOENA MR. GUICE TO THE HEARING AND PROVIDE HIM WITH TRANSPORTATION. FROM COLORADO TO PHILADELPHIA, PENNSYLVANIA AND LODGING, IF NECESSARY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/19/13. 11/20/13 ENTERED AND COPIES MAILED TO PRO SE DEFENDANT VAN DELL, E-MAILED.(rf, )
November 14, 2013 Opinion or Order Filing 125 ORDER THAT DEFENDANTS REQUESTS TO STRIKE PLAINTIFFS SURREPLY (DOC. 122, 124) IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/14/13. 11/14/13 ENTERED AND COPIES MAILED TO PRO DEFENDANT VAN DELL, E-MAILED (rf, )
November 13, 2013 Filing 124 Letter to the Honorable Paul S. Diamond from Lance Rogers, exhibits (rf, )
November 12, 2013 Filing 123 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
November 12, 2013 Filing 122 Letter to the Honorable Paul S. Diamond from Michael Eidel. (rf, )
November 11, 2013 Filing 121 RESPONSE in Opposition re #105 Joint MOTION for Sanctions by Moving Defendants *** Sur-Reply *** filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
November 10, 2013 Filing 120 RESPONSE in Opposition re #103 Joinder in Co-Defendants Motion for Summary Judgment, #102 MOTION for Summary Judgment Plaintiff's Sur-Reply in Opposition filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
November 5, 2013 Filing 119 REPLY to Response to Motion re #105 Joint MOTION for Sanctions by Moving Defendants filed by IN2N ENTERTAINMENT GROUP, LLC.. (Attachments: #1 Exhibit Exhibit L, #2 Exhibit Exhibit M, #3 Exhibit Exhibit N, #4 Certificate of Service Certificate of Service)(ROGERS, LANCE)
October 31, 2013 Filing 118 PRAECIPE to Attach Exhibits to Plaintiffs Response in Opposition to Defendants Joint Motion for Sanctions re #105 Joint MOTION for Sanctions by Moving Defendants filed by DANIEL V. MARINO, Certificate of Service. (Attachments: #1 Exhibit Depositions 1 of 3, #2 Exhibit Depositions 2 of 3, #3 Exhibit Depositiion 3 of 3)(MALOFIY, FRANCIS) Modified on 11/4/2013 (md).
October 31, 2013 Filing 117 RESPONSE in Opposition re #105 Joint MOTION for Sanctions by Moving Defendants Who are Cry Babies filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
October 31, 2013 Filing 116 RESPONSE in Support re #102 MOTION for Summary Judgment filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (Attachments: #1 Declaration, #2 Exhibit AA, #3 Exhibit BB, #4 Exhibit CC, #5 Exhibit DD, #6 Certificate of Service)(EIDEL, MICHAEL)
October 30, 2013 Filing 115 Letter to Honorable Paul Diamond from Michael Eidel. (rf, )
October 29, 2013 Filing 114 REPLY to Response to Motion re #102 MOTION for Summary Judgment filed by IN2N ENTERTAINMENT GROUP, LLC.. (Attachments: #1 Certificate of Service)(ROGERS, LANCE)
October 25, 2013 Filing 113 Letter to the Honorable Paul S. Diamond from Michael Eidel (rf, )
October 24, 2013 Filing 112 NOTICE of Errata by DANIEL V. MARINO re #110 Response in Opposition to Motion, #102 MOTION for Summary Judgment, #109 Response in Opposition to Motion, Certificate of Service. (MALOFIY, FRANCIS) Modified on 10/25/2013 (md).
October 24, 2013 Filing 110 PRAECIPE to Attach Exhibits to Plaintiff's Omnibus Answer in Opposition to the Motions for Summary Judgment re #103 Joinder in Co-Defendants Motion for Summary Judgment, #102 MOTION for Summary Judgment filed by DANIEL V. MARINO, Certificate of Service. (Attachments: #1 Appendix, #2 Exhibit)(MALOFIY, FRANCIS) Modified on 10/25/2013 (md).
October 23, 2013 Opinion or Order Filing 111 SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 2/4/2014 10:00 AM; MOTION IN LIMINE DUE BY 1/14/2014., PLAINTIFF PRETRIAL MEMO DUE BY 1/14/2014., DEFENDANT PRETRIAL MEMO DUE BY 1/14/2014., TRIAL DATE SET FOR 2/11/2014 09:30 AM.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/23/13. 10/24/13 ENTERED AND COPIES MAILED TO PRO SE DEFENDANT VAN DELL, E-MAILED.(rf, )
October 21, 2013 Filing 109 Omnibus ANSWER in Opposition re #103 Joinder in Co-Defendants Motion for Summary Judgment, #102 MOTION for Summary Judgment filed by DANIEL V. MARINO. Memorandum, Certificate of Service. (MALOFIY, FRANCIS) Modified on 10/22/2013 (lisad, ).
October 21, 2013 Filing 108 NOTICE of Errata by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP. re #102 MOTION for Summary Judgment . Certificate of Service. (OLESH, MATTHEW) Modified on 10/22/2013 (lisad, ).
October 17, 2013 Filing 107 Letter to the Honorable Paul S. Diamond from Michael Eidel, exhibits (rf, )
October 10, 2013 Opinion or Order Filing 106 ORDER THAT PLAINTIFF'S COUNSEL SHALL RESPOND TO DEFENDANTS' MOTION FOR SANCTIONS NO LATER THAN 10/31/2013.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/2013. 10/10/2013 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kp, )
October 8, 2013 Filing 105 Joint MOTION for Sanctions by Moving Defendants filed by IN2N ENTERTAINMENT GROUP, LLC..Memorandum of Law, Certificate of Service. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. D, #4 Exhibit Ex. E, #5 Exhibit Ex. F, #6 Exhibit Ex. G, #7 Exhibit Ex. H, #8 Exhibit Ex. I, #9 Exhibit Ex. J, #10 Exhibit Ex. K, #11 Certificate of Service Certificate of Service)(ROGERS, LANCE)
October 8, 2013 Filing 104 NOTICE of Appearance by BRUCE L CASTOR, JR on behalf of IN2N ENTERTAINMENT GROUP, LLC. with Certificate of Service (Attachments: #1 Certificate of Service)(CASTOR, BRUCE)
October 2, 2013 COPY OF AN ORDER DATED 9/20/13, MAILED TO TOMMY VAN DELL, RETURNED AS UNDELIVERABLE ON 10/2/13 (rf, )
September 30, 2013 Filing 103 Joinder in Co-Defendants Motion for Summary Judgment filed by IN2N ENTERTAINMENT GROUP, LLC..Memorandum of Law. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Certificate of Service Certificate of Service) (ROGERS, LANCE) Modified on 10/1/2013 (nd, ).
September 30, 2013 Filing 102 MOTION for Summary Judgment filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Memorandum of Law, Declaration, Certificate of Service. (Attachments: #1 Proposed Order, #2 Memorandum of Law, #3 Declaration of Jonathan D. Davis, #4 Exhibit A to Davis Decl., #5 Exhibit B to Davis Decl., #6 Exhibit C to Davis Decl., #7 Exhibit D to Davis Decl., #8 Exhibit E to Davis Decl., #9 Exhibit F to Davis Decl., #10 Exhibit G to Davis Decl., #11 Exhibit H to Davis Decl., #12 Exhibit I to Davis Decl., #13 Exhibit J to Davis Decl., #14 Exhibit K to Davis Decl. (Part 1), #15 Exhibit K to Davis Decl. (Part 2), #16 Exhibit L to Davis Decl., #17 Exhibit M to Davis Decl., #18 Exhibit N to Davis Decl., #19 Exhibit O to Davis Decl., #20 Exhibit P to Davis Decl., #21 Exhibit Q to Davis Decl., #22 Exhibit R to Davis Decl., #23 Exhibit S to Davis Decl., #24 Exhibit T to Davis Decl., #25 Exhibit U to Davis Decl., #26 Exhibit V to Davis Decl., #27 Exhibit W to Davis Decl., #28 Exhibit X to Davis Decl., #29 Exhibit Y to Davis Decl., #30 Exhibit Z to Davis Decl.)(OLESH, MATTHEW)
September 23, 2013 Opinion or Order Filing 101 ORDER THAT THE DEPOSITION OF JOHNNY WRIGHT SHALL TAKE PLACE IN NEW YORK, NEW YORK ON OCTOBER 2, 2013.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/20/13. 9/24/13 ENTERED AND COPIES MAILED TO VAN DELL, UNREPS & E-MAILED.(rf, )
September 20, 2013 Filing 100 Letter to the Honorable Paul S. Diamond from Michael Eidel (rf, )
September 16, 2013 COPY OF AN ORDER DATED 9/10/13 MAILED TO TOMMY VAN DELL, RETURNED AS UNDELIVERABLE ON 9/16/13 (rf, )
September 10, 2013 Filing 99 Letter to the Honorable Paul S. Diamond from Michael Eidel, with Exhibits (Attachments: #1 Exhibit)(rf, )
September 10, 2013 Opinion or Order Filing 98 ORDER THAT DISCOVERY DEADLINE SHALL BE EXTENDED TO 10/2/13 FOR THE LIMITED PURPOSE OF DEPOSING DEFENDANTS EXPERT JOHNNY WRIGHT. DEFENDANTS REQUEST TO ADD THE EXPERT REPORT OF PAUL GELUSO IS DENIED. DEFENDANTS REQUEST TO STRIKE PORTIONS OF BRIAN BRICKLINS TESTIMONY IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/10/13. 9/11/13 ENTERED AND COPIES MAILED TO COUNSEL, PRO SE DEFENDANT VAN DELL, UNREPS, E-MAILED.(rf, )
August 1, 2013 Copy of Order dated 7/22/13 and envelope returned from the U.S. Postal Service addressed to TOMMY VAN DELL for the following reason: NOT DELIVERABLE AS ADDRESSED. (jl, )
July 31, 2013 Opinion or Order Filing 97 ORDER THAT MOVING DEFENDANTS MOTION TO STRIKE (DOCS 90 & 91) ARE GRANTED AS FOLLOWS: THOSE PORTIONS OF MICHAEL EINHORNS EXPORT REPORT THAT WOULD BE OFFERED ONLY TO PROVE DAMAGES BEFORE 10/28/08 ARE HERBEY STRICKEN. MOVING DEFENDANTS MOTION TO EXCLUDE MICHAEL EINHORNS TESTIMONY IS GRANTED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/31/13. 7/31/13 ENTERED AND COPIES MAILED TO COUNSEL & UNREPS, E-MAILED.(rf, )
July 29, 2013 Filing 96 REPLY Memorandum of Law in Further Support re #90 MOTION to Strike Those Parts of Michael A. Einhorn's July 12, 2013 Expert Report Violating the Court's April 24, 2013 Order and to Limit His Testimony filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP. Certificate of Service. (Attachments: #1 Declaration of Thomas A. Pardo)(OLESH, MATTHEW) Modified on 7/30/2013 (lisad, ).
July 29, 2013 Filing 95 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
July 26, 2013 Filing 94 RESPONSE in Opposition re #90 MOTION to Strike Those Parts of Michael A. Einhorn's July 12, 2013 Expert Report Violating the Court's April 24, 2013 Order and to Limit His Testimony filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
July 22, 2013 Opinion or Order Filing 93 ORDER THAT PLAINTIFF SHALL RESPOND TO DEFENDANTS' MOTION TO STRIKE PARTS OF MICHAEL A. EINHORN'S 7/12/2013 EXPERT REPORT BY 12:00 P.M. ON 7/26/2013. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/22/2013. 7/23/2013 ENTERED AND COPIES E-MAILED; AND MAILED TO PRO SE AND UNREP. (ems)
July 22, 2013 Filing 92 Letter from Michael Eidel dated 7/22/2013 re: Certain Facts. (ems)
July 22, 2013 Filing 91 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. of Joinder in Motion to Strike (Attachments: #1 Certificate of Service)(ROGERS, LANCE)
July 22, 2013 Copy of Order dated 7/15/2013 and envelope returned from the U.S. Postal Service addressed to TOMMY VAN DELL for the following reason: Returned to Sender. Not Deliverable as Addressed. Unable to Forward. (ems)
July 19, 2013 Filing 90 MOTION to Strike Those Parts of Michael A. Einhorn's July 12, 2013 Expert Report Violating the Court's April 24, 2013 Order and to Limit His Testimony filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Memorandum of Law, Declaration of Michael Eidel, Certificate of Service. (Attachments: #1 Proposed Order, #2 Memorandum of Law, #3 Declaration of Michael Eidel)(OLESH, MATTHEW)
July 15, 2013 Filing 89 Letter to the Honorable Paul S. Diamond from Michael Eidel (rf, )
July 15, 2013 Opinion or Order Filing 88 ORDER THAT DEFENDANTS SHALL FILE THEIR EXPERTS RESPONSE AND ALL RELATED DISCLOSURES BY 8/5/13. PLAINTIFF SHALL FILE ANY REBUTTAL EXPERT REPORTS AND RELATED DISCLOSURES BY 8/26/13. EXPERT DISCOVERY AND DEPOSITIONS DUE BY 9/18/2013.SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/15/13. 7/15/13 ENTERED AND COPIES MAILED TO COUNSEL & UNREPS, E-MAILED.(rf, )
June 12, 2013 Filing 87 Letter from MICHAEL EIDEL RE: DISCOVERY DEMANDS (uh, )
June 12, 2013 Filing 86 Letter from Francis Malofiy, Esq RE: DISCOVERY RELATED ISSUES AND MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (uh, )
June 12, 2013 Filing 85 Letter from MICHAEL EIDEL RE: PLAINTIFF'S DISCOVERY REQUESTS (uh, )
June 12, 2013 Filing 84 Letter from MICHAEL EIDEL RE: PLAINTIFF'S LETTER (uh, )
June 12, 2013 Filing 83 Letter from Francis Malofiy, Esq RE: DISCOVERY RELATED ISSUES (uh, )
June 12, 2013 Opinion or Order Filing 82 ORDER THAT PLAINTIFFS REQUEST TO COMPEL THE PRODUCTION OF DOCUMENTS IS DENIED AS MOOT. FURTHER ORDERED THAT DEFENDANT'S REQUEST TO QUASH PLAINTIFF THIRD PARTY SUBPOENAS IS DENIED AS STATED WITHOUT PREJUDICE.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/12/13. 6/12/13 ENTERED AND COPIES MAILED TO COUNSEL & UNREPS, E-MAILED.(rf, )
May 29, 2013 Opinion or Order Filing 81 ORDER THAT PLAINTIFFS OBJECTIONS TO WILLIAM GUICE'S DEPOSITION ARE OVERRULED. THE DEADLINE FOR MR GUICE'S DEPOSITION IS EXTENDED UNTIL 6/7/13. IF MR. GUICE IS WILLING TO CONTINUE HIS DEPOSITION WITHOUT COUNSEL, HE MAY DO SO. ALL OTHER DISCOVEYR DEADLINES REMAIN UNCHANGED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/28/13. 5/29/13 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, E-MAILED.(rf, )
May 29, 2013 Filing 80 Letter to the Honorable Paul S. Diamond from Michael Eidel (rf, )
May 29, 2013 Filing 79 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
May 9, 2013 Opinion or Order Filing 78 ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 12/11/2013 10:00 AM; EXPERT DISCOVERY DUE BY 9/13/2013., MOTIONS DUE BY 9/30/2013., MOTION IN LIMINE DUE BY 11/12/2013., MOTION FOR SUMMARY JUDGMENT DUE BY 9/30/2013., PLAINTIFF PRETRIAL MEMO DUE BY 11/12/2013., DEFENDANT PRETRIAL MEMO DUE BY 11/12/2013., TRIAL DATE SET FOR 12/17/2013 09:30 AM; MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE ON ABOUT 6/14/13.SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/8/13. 5/9/13 ENTERED AND COPIES MAILED TO UNREPS, COUNSEL & E-MAILED.(rf, )
May 9, 2013 Filing 77 Letter to the Honorable Paul S. Diamond from Michael Eidel. (rf, )
May 3, 2013 Opinion or Order Filing 76 ORDER THAT DEADLINE FOR WILLIAM GUICES DEPOSITION IS EXTENDED UNTIL 5/31/13 SO MR. GUICE CAN RETAIN COUNSEL.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 5/3/13. 5/3/13 ENTERED AND COPIES MAILED TO UNREPS, COUNSEL & E-MAILED.(rf, )
April 24, 2013 Opinion or Order Filing 75 ORDER THAT DEFENDANTS MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS IS GRANTED. PLAINTIFFS CLAIMS FOR COPYRIGHT INFRINGEMENT DAMAGES AND PROFITS UNDER COUNTS I AND III AGAINST MOVING DEFENDANTS THAT ACCURED BEFORE 10/28/08 ARE DISMISSED. PLAINTIFFS DEMANDS FOR PUNITIVE AND EXEMPLARY DAMAGES UNDER COUNTS I AND III AND AGAINST MOVING DEFENDANTS ARE STRICKEN FROM THE AMENDED COMPLAINT AND FROM THIS ACTION. THIS ORDER IS WITHOUT PREJUDICE TO PLAINTIFFS RIGHT TO SEEK TO AMEND HIS AMENDED COMPLAINT.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/24/13. 4/24/13 ENTERED AND COPIES MAILED UNREPS, COUNSEL & E-MAILED.(rf, )
April 4, 2013 Filing 74 Letter to Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
April 3, 2013 Filing 73 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
April 3, 2013 Opinion or Order Filing 72 ORDER THAT DEFENDANTS SHALL MAKE THEMSELVES AVAILABLE FOR DEPOSITION AT A MUTUALLY CONVENIENT LOCATION. THE FOLLOWING DEPOSITIONS SHALL BE COMPLETED NO LATER THAN THE CLOSE OF BUSINESS 4/19/13: USHER TERRY RAYMOND IV; TOMMY VAN DELL; THE CORPORATE DESIGNEE OF IN2N ENTERTAINMENT GROUP, LLC; BOBBY ROSS AVILA, JR; ISSIAH AVILA JR; THE CORPORATE DESIGNEE OF SUBLIME BASEMENT TUNEZ; THE CORPORATE DESIGNEE OF DEFENDERS OF MUSIC; JAMES SAMUEL HARRIS III; TERRY STEVEN LEWIS; THE CORPORATE DESIGNEE OF FLYTE TYMES TUNES; THE CORPORATE DESIGNEE FOR SONY MUSIC ENTERTAINMENT; MARK PITTS; THE CORPORATE DESIGNEE FOR BYSTROM ENTERTAINMENT; THE CORPORATE DESIGNEE FOR EMI APRIL MUSIC, INC; CORPORATE DESIGNEE FOR EMI BLACKWOOD MUSIC, INC.; CORPORATE DESIGNEE FOR WARNER-TAMERLINE PUBLISHING CORP; AND CORPORATE DESIGNEE FOR UR-IV MUSIC, INC. IF THE PARTIES CANNOT AGREE ON A LOCATION, THE DEPOSITIONS SHALL TAKE PLACE IN UNITED STATES DISTRICT COURT, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA. COURTROOM 6-B.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/3/13. 4/3/13 ENTERED AND COPIES MAILED TO UNREPS, COUNSEL & E-MAILED.(rf, )
April 3, 2013 Filing 71 Letter to Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
April 3, 2013 Filing 70 Letter to the Honorable Paul S. Diamond from Francis Malofiy (rf, )
March 25, 2013 Filing 69 Letter to Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
March 22, 2013 MOTIONS DUE BY 8/30/2013. (rf, )
March 21, 2013 Opinion or Order Filing 68 ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 11/6/2013 10:00 AM; EXPERT DISCOVERY DUE BY 8/9/2013., MOTION IN LIMINE DUE BY 10/11/2013., MOTION FOR SUMMARY JUDGMENT DUE BY 8/30/2013., PLAINTIFF PRETRIAL MEMO DUE BY 10/10/2013., DEFENDANT PRETRIAL MEMO DUE BY 10/10/2013., TRIAL DATE SET FOR 11/12/2013 09:30 AM. PLAINTIFF HAS UNTIL 1/22/13 TO FILE A SECOND AMENDED COMPLAINT. MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE ON OR ABOUT 5/15/13. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/21/13. 3/22/13 ENTERED AND COPIES MAILED TO UNREPS, COUNSEL & E-MAILED.(rf, )
March 20, 2013 Filing 67 First MOTION for Extension of Time to Complete Discovery *** UNCONTESTED *** filed by DANIEL V. MARINO.Uncontested Certificate; Certificate of Service.(MALOFIY, FRANCIS)
February 20, 2013 Filing 66 REPLY to Response to Motion re #63 MOTION for Judgment on the Pleadings filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. Certificate of Service. (OLESH, MATTHEW) Modified on 2/21/2013 (ahf, ).
February 7, 2013 Filing 65 RESPONSE in Opposition re #63 MOTION for Judgment on the Pleadings filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
January 24, 2013 Filing 64 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. of Joinder in Motion for Judgment on the Pleadings (ROGERS, LANCE)
January 24, 2013 Filing 63 MOTION for Judgment on the Pleadings filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(OLESH, MATTHEW)
January 23, 2013 Copy of Scheduling Order dated 1/9/2013 and envelope returned from the U.S. Postal Service addressed to TOMMY VAN DELL for the following reason: NOT DELIVERABLE. (stwe, )
January 9, 2013 Opinion or Order Filing 62 ORDER THAT DEFENDANTS MOTION FOR RECONSIDERATION (DOC. 45) IS DENIED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/8/13. 1/9/13 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, EMAILED.(rf, )
January 9, 2013 Opinion or Order Filing 61 ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 9/25/2013 10:00 AM; AMENDED PLEADINGS DUE BY 1/22/2013., EXPERT DISCOVERY DUE BY 7/10/2013., DISPOSITIVE MOTIONS DUE BY 7/31/2013., MOTION IN LIMINE DUE BY 9/11/2013., MOTION FOR SUMMARY JUDGMENT DUE BY 7/31/2013., PLAINTIFF PRETRIAL MEMO DUE BY 9/10/2013., DEFENDANT PRETRIAL MEMO DUE BY 9/10/2013., TRIAL DATE SET FOR 10/1/2013 09:30 AM; MATTER IS REFERRED TO MAGISTRATE JUDGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE ON OR ABOUT 4/15/13. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/8/13. 1/9/13 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, E-MAILED.(rf, ) Modified on 1/14/2013 (afm, ).
January 9, 2013 Filing 60 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Pretrial Conference held on 1/8/13. (rf, )
January 7, 2013 Filing 59 Report Of Rule 26(f) Conference and Discovery Plan Reflecting Parties' Respective Positions by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (OLESH, MATTHEW)
December 18, 2012 Filing 58 Statement re: Counsel to attend Conference via Telephone by IN2N ENTERTAINMENT GROUP, LLC.. (ROGERS, LANCE) \
December 6, 2012 Opinion or Order Filing 57 ORDER THAT RULE 16 CONFERENCE SET FOR 1/8/2013 09:30 AM AS OUTLINED HEREINSIGNED BY HONORABLE PAUL S. DIAMOND ON 12/6/12. 12/6/12 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, E-MAILED.(rf, )
November 2, 2012 Filing 56 Plaintiff's Response to Defendant Tommy Van Dell's Affirmative Defenses ANSWER to Complaint by DANIEL V. MARINO.(MALOFIY, FRANCIS)
November 2, 2012 Filing 55 Plaintiff's Response to Defendant IN2N's Affirmative Defenses ANSWER to #49 Answer to Amended Complaint, Crossclaim,,,, by DANIEL V. MARINO.(MALOFIY, FRANCIS)
November 1, 2012 Filing 54 ANSWER to #49 Answer to Amended Complaint, Crossclaim,,,, by DANIEL V. MARINO.(MALOFIY, FRANCIS)
October 26, 2012 COPY OF A NOTICE DATED 10/19/12 MAILED TO TOMMY VAN DELL, RETURNED AS UNDELIVERABLE ON 10/26/12 (rf, )
October 25, 2012 Filing 53 NOTICE of Hearing: SCHEDULING CONFERENCE RESCHEDULED TO 1/8/2013 02:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(cj, )
October 23, 2012 Filing 52 RESPONSE in Opposition re #45 MOTION for Reconsideration re #42 Order, Terminate Deadlines and Hearings filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
October 19, 2012 Filing 51 NOTICE of Hearing: SCHEDULING CONFERENCE RESCHEDULED TO 11/6/2012 09:30 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(cj, )
October 18, 2012 Opinion or Order ORDER DATED 10/10/12 MAILED TO TOMMY VAN DELL, RETURNED AS UNDELIVERABLE ON 10/18/12 (rf, )
October 16, 2012 Filing 50 ANSWER to #2 Amended Complaint,, IN2N ENTERTAINMENT GROUP'S ANSWER TO AMENDED COMPLAINT by IN2N ENTERTAINMENT GROUP, LLC..(LEE, MARK)
October 16, 2012 Filing 49 ANSWER to #2 Amended Complaint,, with Defenses, CROSSCLAIM against DANTE E BARTON, DESTRO MUSIC PRODUCTIONS, INC., WILLIAM C GUICE by USHER(A/K/A USHER TERRY RAYMOND IV), UR-IV MUSIC, INC., TERRY STEVEN LEWIS, EMI BLACKWOOD MUSIC, INC., BOBBY ROSS AVILA, JR, DEFENDERS OF MUSIC, JAMES SAMUEL HARRIS, III, BYSTROM ENTERTAINMENT, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, WARNER-TAMERLINE PUBLISHING CORP., EMI APRIL MUSIC, INC., MARK PITTS, FLYTE TYME TUNES, ISSIAH AVILA, JR.(OLESH, MATTHEW)
October 10, 2012 Opinion or Order Filing 48 ORDER THAT COUNT V OF PLAINTIFFS AMENDED COMPLAINT (DOC. 2) IS DISMISSED FOR THE SAME REASONS STATED IN MY 9/25/12 (DOC. 42).. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/10/12. 10/10/12 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL E-MAILED.(rf, )
October 9, 2012 Opinion or Order Filing 47 ORDER THAT DEFENDANTS HAVE UNTIL 10/16/12 TO ANSWER PLAINTIFFS AMENDED COMPLAINT.. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/5/12. 10/10/12 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, E-MAILED.(rf, )
October 9, 2012 Filing 46 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. re #45 MOTION for Reconsideration re #42 Order, Terminate Deadlines and Hearings NOTICE OF JOINDER IN MOTION FOR RECONSIDERATION (LEE, MARK)
October 9, 2012 Filing 45 MOTION for Reconsideration re #42 Order, Terminate Deadlines and Hearings filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(OLESH, MATTHEW)
October 5, 2012 Filing 44 LETTER RE: for an Extension of Time to Answer Amended Complaint by IN2N ENTERTAINMENT GROUP, LLC. (ROGERS, LANCE) Modified on 10/9/2012 (nd).
October 4, 2012 Filing 43 LETTER Request to Extend Time to Answer Amended Complaint by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (OLESH, MATTHEW) Modified on 10/5/2012 (nd, ).
September 25, 2012 Opinion or Order Filing 42 ORDER THAT COUNT IV OF THE COMPLAINT IS DISMISSED. FURTHER ORDERED THAT DEFENDANTS MOTION TO DISMISS IS OTHERWISE DENIED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/25/12. 9/25/12 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, EMAILED.(rf, )
September 7, 2012 Filing 41 Letter to the Honorable Paul S. Diamond from Matthew Olesh (rf, )
September 7, 2012 Filing 40 Letter to the Honorable Paul S. Diamond from Francis Malofiy. (rf, )
September 7, 2012 Filing 39 NOTICE of Hearing: SCHEDULING CONFERENCE RESCHEDULED TO 10/24/2012 09:30 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(cj, )
September 7, 2012 Filing 38 NOTICE of Hearing: SCHEDULING CONFERENCE RESCHEDULED TO 9/27/2012 02:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(cj, )
September 4, 2012 Filing 37 Letter to the Honorable Paul S. Diamond from Francis Malofiy, with Exhibits (rf, )
August 27, 2012 Filing 36 NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 9/24/2012 09:30 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(cj, )
August 3, 2012 Filing 35 Letter to the Honorable Paul S. Diamond from Jonathan D. Davis (rf, )
July 31, 2012 Filing 34 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Sur-Reply to Moving Defendants' Reply - 12(b)(6) filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
July 3, 2012 Filing 33 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. of Joinder in Memorandum of Law in Support of Defendants' Motion to Dismiss (Attachments: #1 Certificate of Service)(ROGERS, LANCE)
July 3, 2012 Filing 32 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP.. (OLESH, MATTHEW)
June 14, 2012 Default Entered (rf, ) Modified on 5/22/2014 (afm, ).(OPENED PER ORDER #153 )
June 14, 2012 DEFAULT BY WILLIAM C GUICE FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (rf, ) Modified on 5/22/2014 (afm, ). (OPENED PER ORDER #153 )
June 14, 2012 Filing 31 REQUEST for Entry of Default on Defendant WILLIAM C. GUICE filed by DANIEL V. MARINO, Certificate of Service.(MALOFIY, FRANCIS) Modified on 6/15/2012 (nd).
June 11, 2012 Filing 30 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Affidavits & Exhibits filed by DANIEL V. MARINO. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(MALOFIY, FRANCIS)
June 11, 2012 Filing 29 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DANIEL V. MARINO. (MALOFIY, FRANCIS)
April 23, 2012 Copy of Order dated 4/12/2012 and envelope returned from the U.S. Postal Service addressed to TOMMY VAN DELL for the following reason: Returned to Sender. Unable to Forward. (ems)
April 17, 2012 Copy of Order dated 4/10/2012 and envelope returned from the U.S. Postal Service addressed to TOMMY VAN DELL for the following reason: Returned to Sender. Unable to Forward. (ems)
April 12, 2012 Opinion or Order Filing 28 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF MARK S. LEE IS GRANTED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/11/12. 4/13/12 ENTERED AND COPIES MAILED TO UNREPS, EMAILED. (rf, ) 4/17/12 COPIES MAILED TO PRO SE AND ATTORNEYS. Modified on 4/17/2012 (td, ).
April 10, 2012 Opinion or Order Filing 27 STIPULATION AND ORDER THAT IN2N HEREBY EXTENDS PLAINTIFF TIME TO RESPOND TO IN2N'S ANSWER, MOTION OR OTHERWISE RESPOND TO THE PLEADINGS BY 60 DAYS AFTER SERVICE OF SUCH ANSWER, MOTION OR OTHER RESPONSE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/9/12. 4/11/12 ENTERED AND COPIES MAILED TO UNREPS, PRO SE, COUNSEL , E-MAILED AND FAXED BY CHAMBERS.(mbh, )
March 28, 2012 Opinion or Order Filing 26 STIPULATION AND ORDER THAT VAN DELL EXTENDS PLAINTIFF TIME TO RESPOND TO VAN DELLS ANSWER, MOTION OR OTHER RESPONSE TO THE PLEADINGS 60 DAYS AFTER SERVICE OF SUCH ANSWER, MOTION OR OTHER RESPONSE., ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/28/12. 3/29/12 ENTERED AND COPIES MAILED TO UNREPS & COUNSEL, E-MAILED.(rf, )
March 26, 2012 Filing 25 ANSWER to #2 Amended Complaint,, by TOMMY VAN DELL.(rf, ) Modified on 3/28/2012 (rf, )., AFFIRMATIVE DEFENSES
March 26, 2012 Filing 24 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Notice of Joinder in Motion to Dismiss Amended Complaint (Attachments: #1 Certificate of Service)(ROGERS, LANCE)
March 26, 2012 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI APRIL MUSIC, INC., EMI BLACKWOOD MUSIC, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC ENTERTAINMENT, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Memorandum of Law, Declaration, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order, #3 Declaration of Jonathan D. Davis, #4 Exhibit A to Declaration of Jonathan D. Davis, #5 Exhibit B to Declaration of Jonathan D. Davis, #6 Exhibit C to Declaration of Jonathan D. Davis, #7 Exhibit D to Declaration of Jonathan D. Davis, #8 Exhibit E to Declaration of Jonathan D. Davis, #9 Exhibit F to Declaration of Jonathan D. Davis, #10 Exhibit G to Declaration of Jonathan D. Davis, #11 Exhibit H to Declaration of Jonathan D. Davis, #12 Exhibit I to Declaration of Jonathan D. Davis, #13 Exhibit J to Declaration of Jonathan D. Davis, #14 Exhibit K to Declaration of Jonathan D. Davis)(OLESH, MATTHEW)
March 15, 2012 Disclosure Statement Form pursuant to FRCP 7.1 by IN2N ENTERTAINMENT GROUP, LLC. (SEE PAPER NO. 21 FOR PDF; FILED INCORRECTLY BY ATTORNEY).(ahf, )
March 15, 2012 Filing 22 Application for Pro Hac Vice Of Mark S. Lee filed by IN2N ENTERTAINMENT GROUP, LLC. Sponsor's Statement and Certificate of Service.(ROGERS, LANCE) Modified on 3/16/2012 (ahf, ). (PPE059741-$40)
March 15, 2012 Filing 21 NOTICE by IN2N ENTERTAINMENT GROUP, LLC. Disclosure Statement (ROGERS, LANCE)
March 15, 2012 Filing 20 NOTICE of Appearance by LANCE ROGERS on behalf of IN2N ENTERTAINMENT GROUP, LLC. (ROGERS, LANCE)
March 6, 2012 Filing 19 Disclosure Statement Form pursuant to FRCP 7.1 including WMG Acquisition Corp., WMG Holdings Corp., Warner Music Group Corp. with Certificate of Service by WARNER-TAMERLINE PUBLISHING CORP..(OLESH, MATTHEW)
March 2, 2012 Filing 18 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by BYSTROM ENTERTAINMENT.(OLESH, MATTHEW)
March 2, 2012 Filing 17 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by DEFENDERS OF MUSIC.(OLESH, MATTHEW)
March 2, 2012 Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by FLYTE TYME TUNES.(OLESH, MATTHEW)
March 2, 2012 Filing 15 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by SUBLIME BASEMENT TUNEZ.(OLESH, MATTHEW)
March 2, 2012 Filing 14 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by UR-IV MUSIC, INC..(OLESH, MATTHEW)
March 2, 2012 Filing 13 Disclosure Statement Form pursuant to FRCP 7.1 including CGI Private Equity LP LLC, Citigroup, Inc. with Certificate of Service by EMI APRIL MUSIC, INC..(OLESH, MATTHEW)
March 2, 2012 Filing 12 Disclosure Statement Form pursuant to FRCP 7.1 including CGI Private Equity LP LLC, Citigroup, Inc. with Certificate of Service by EMI BLACKWOOD MUSIC, INC..(OLESH, MATTHEW)
March 2, 2012 Filing 11 Disclosure Statement Form pursuant to FRCP 7.1 including Sony Corporation with Certificate of Service by SONY MUSIC ENTERTAINMENT.(OLESH, MATTHEW)
February 21, 2012 Opinion or Order Filing 10 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF DEREK A. WILLIAMS IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/21/12. 2/22/12 ENTERED AND COPIES MAILED TO UNREPS AND COUNSEL, E-MAILED.(rf, )
February 21, 2012 Opinion or Order Filing 9 ORDER THAT APPLICATION OF JONATHAN D. DAVIS TO PRACTICE PRO HACE VICE IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/21/12. 2/22/12 ENTERED AND COPIES MAILED TO UNREPS AND COUNSEL, E-MAILED.(rf, )
February 17, 2012 Opinion or Order Filing 8 STIPULATION AND ORDER THAT SONY MUSIC ENTERTAIMENT BE SUBSTITUTED AND REPLACE SONY MUSIC AS A DEFENDANT. THAT EMI PARTIES SHALL SUBSTITUE AND REPLACE EMI AS DEFENDNATS. DEFENDANTS USER, SME, THE EMI PARTIES, WARNER-TAMERLANE, UR-IV, BRYSTROM, PITTS, I. AVILA, B. AVILA, HARRIS, LEWIS, DEFENDERS OF MUSIC, FLYTE TYME AND SUBLIME BASEMENT HAVE UNTIL 3/26/12 TO ANSWER, MOVE OR OTHERWISE PLEAD TO PLAINTIFFS COMPLAINT, ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/17/12. 2/21/12 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(rf, )
February 17, 2012 Filing 7 MOTION for Pro Hac Vice of Derek A. Williams, Esquire filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI MUSIC PUBLISHING, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC HOLDINGS, INC., SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Certificate of Service.(OLESH, MATTHEW) (PPE058266-$40)
February 17, 2012 Filing 6 MOTION for Pro Hac Vice of Jonathan D. Davis, Esquire filed by BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI MUSIC PUBLISHING, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC HOLDINGS, INC., SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP..Certificate of Service.(OLESH, MATTHEW) (PPE058266-$40)
February 16, 2012 Filing 5 NOTICE of Appearance by MATTHEW S. OLESH on behalf of BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI MUSIC PUBLISHING, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC HOLDINGS, INC., SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP. with Certificate of Service(OLESH, MATTHEW)
February 16, 2012 Filing 4 NOTICE of Appearance by MICHAEL EIDEL on behalf of BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, EMI MUSIC PUBLISHING, INC., FLYTE TYME TUNES, JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC HOLDINGS, INC., SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), WARNER-TAMERLINE PUBLISHING CORP. with Certificate of Service(EIDEL, MICHAEL)
February 1, 2012 Default Entered (rf, )
February 1, 2012 DEFAULT BY DANTE E BARTON, DESTRO MUSIC PRODUCTIONS, INC. FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (rf, )
February 1, 2012 Filing 3 First Request for Entry of Default Against Dante E. Barton and Destro Music Productions, Inc. filed by DANIEL V. MARINO.Proof of Service & Certificate of Service. (MALOFIY, FRANCIS) Modified on 2/2/2012 (nd).
November 17, 2011 19 Summons Issued as to BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, DANTE E BARTON, BYSTROM ENTERTAINMENT, DEFENDERS OF MUSIC, DESTRO MUSIC PRODUCTIONS, INC., EMI MUSIC PUBLISHING, INC., FLYTE TYME TUNES, WILLIAM C GUICE, JAMES SAMUEL HARRIS, III, IN2N ENTERTAINMENT GROUP, LLC., TERRY STEVEN LEWIS, MARK PITTS, SONY MUSIC HOLDINGS, INC., SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., USHER(A/K/A USHER TERRY RAYMOND IV), USHER(ETAL), TOMMY VAN DELL, WARNER-TAMERLINE PUBLISHING CORP.. forwarded to Plaintiffs Counsel on 11/18/11 (rf, )
November 17, 2011 Filing 2 AMENDED COMPLAINT against USHER, SONY MUSIC HOLDINGS, INC., EMI MUSIC PUBLISHING, INC., JAMES SAMUEL HARRIS, III, TERRY STEVEN LEWIS, BOBBY ROSS AVILA, JR, ISSIAH AVILA, JR, WILLIAM C GUICE, DANTE E BARTON, DESTRO MUSIC PRODUCTIONS, INC., DEFENDERS OF MUSIC, FLYTE TYME TUNES, SUBLIME BASEMENT TUNEZ, UR-IV MUSIC, INC., WARNER-TAMERLINE PUBLISHING CORP., MARK PITTS, BYSTROM ENTERTAINMENT, TOMMY VAN DELL, IN2N ENTERTAINMENT GROUP, LLC. EXHIBITS, AUDIO EXHIBITS FILED IN HARD COPY, VERIFICATION, filed by DANIEL V. MARINO., (rf, ) (Additional attachment(s) added on 11/21/2011: #1 EXHIBITS) (rf, ).
October 28, 2011 DEMAND for Trial by Jury by DANIEL V. MARINO. (mima, )
October 28, 2011 Summons Issued as to USHER. One Forwarded To: Counsel on November 1, 2011 (mima, )
October 28, 2011 Filing 1 COMPLAINT against USHER ( Filing fee $ 350 receipt number 052355.), filed by DANIEL V. MARINO. (Attachments: #1 Civil Cover Sheet)(mima, )

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Search for this case: MARINO v. USHER
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Defendant: TERRY STEVEN LEWIS
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: EMI MUSIC PUBLISHING, INC.
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: WARNER-TAMERLINE PUBLISHING CORP.
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: UR-IV MUSIC, INC.
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: SONY MUSIC ENTERTAINMENT
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: BYSTROM ENTERTAINMENT
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: SONY MUSIC HOLDINGS, INC.
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: ISSIAH AVILA, JR
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: EMI APRIL MUSIC, INC.
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: DEFENDERS OF MUSIC
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: DANTE E BARTON
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Defendant: BOBBY ROSS AVILA, JR
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: JAMES SAMUEL HARRIS, III
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: EMI BLACKWOOD MUSIC, INC.
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: USHER
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: FLYTE TYME TUNES
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: SUBLIME BASEMENT TUNEZ
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: MARK PITTS
Represented By: JONATHAN D. DAVIS
Represented By: DEREK A. WILLIAMS
Represented By: MATTHEW S. OLESH
Represented By: MICHAEL EIDEL
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Defendant: IN2N ENTERTAINMENT GROUP, LLC.
Represented By: LANCE ROGERS
Represented By: BRUCE L CASTOR, JR.
Represented By: SUSANNE WHERRY
Represented By: MARK S. LEE
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Defendant: WILLIAM C GUICE
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Defendant: DESTRO MUSIC PRODUCTIONS, INC.
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Defendant: TOMMY VAN DELL
Represented By: BRAD A. RUBENS
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Plaintiff: DANIEL V. MARINO
Represented By: ALFRED JOSEPH FLUEHR
Represented By: SAMUEL C. STRETTON
Represented By: FRANCIS MALOFIY
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