HIGH OFF LIFE, LLC v. FREEBANDZ PRODUCTIONS, LLC et al
| HIGH OFF LIFE, LLC |
| FREEBANDZ PRODUCTIONS, LLC and SONY MUSIC HOLDINGS, INC. |
| 2:2020cv01556 |
| October 15, 2020 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| W Scott Hardy |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
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Filing 57
NOTIFICATION of Decision sent to Commissioner of Patents and Trademarks re 56 Order, Terminate Civil Case. (Attachments: #1 Docket Sheet, #2 Order approving Stipulation of Dismissal) (ctb)
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Filing 56
ORDER approving #55 Order and Stipulation of Dismissal with Prejudice. The Clerk of Court shall mark this CASE CLOSED. Signed by Judge W. Scott Hardy on 1/3/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas)
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Filing 55
Proposed Order and Stipulation of Dismissal with Prejudice by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC.. (Rose, David)
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Filing 54
ORDER indicating that, Plaintiff High Off Life, LLC shall pay the outstanding balance of the Mediator's fee forthwith, but no later than 30 days of the date of this Order. Further, the Court reserves judgment on whether the parties fully satisfied their obligations to participate in the ADR process in good faith and puts the parties on notice that they may be required to participate in another ADR proceeding with a neutral to be selected from the roster of approved neutrals maintained by the United States District Court for the Western District of Pennsylvania. See Order for further details. Signed by Judge W. Scott Hardy on 11/18/2022. (kas)
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Filing 53
RESPONSE TO ORDER TO SHOW CAUSE re #52 Order, filed by HIGH OFF LIFE, LLC. (Attachments: #1 Exhibit A (7/19/2023 email re retainer) (Dietrich, Thomas)
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Filing 52
ORDER indicating that, upon consideration of the Court Appointed Neutral's Notice to Court of Non Payment (Docket No. #51 ), Plaintiff High Off Life, LLC shall show cause why it should not be compelled to pay the outstanding balance of the Mediator's fee. Plaintiff shall file its response on or before 9/23/2022 and is limited to no more than five pages. Additionally, Defendants' response to the Neutral's Notice, if any, shall be filed on or before 9/23/2022 and is limited to no more than five pages. See Order for further details. Signed by Judge W. Scott Hardy on 9/16/2022. (kas)
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Filing 51
NOTICE to Court of Non Payment by LESLIE LOTT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lott, Leslie)
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Filing 50
Errata re #49 Protective Order Reason for Correction: Incorrect Document. (Attachments: #1 Attachment A) (kas)
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Filing 49
PROTECTIVE ORDER Signed by Judge W. Scott Hardy on 8/15/2022. (Attachments: #1 Attachment A) (kas) Document removed from Public View and Refiled as an Errata at #50 Modified on 8/26/2022 (jma).
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Filing 48
STIPULATED PROTECTIVE ORDER by HIGH OFF LIFE, LLC. (Attachments: #1 Proposed Protective Order) (Dietrich, Thomas)
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Filing 47
REPORT of Early Neutral Evaluation Case has not resolved. LESLIE LOTT terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed #here or at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 7/20/2022. (Lott, Leslie)
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Filing 46
ORDER REFERRING CASE to Mediation. Leslie J. Lott is appointed as mediator. The ADR conference(s) shall be concluded by 7/29/2022 unless extended by further Order of Court. See Order for further details. Signed by Judge W. Scott Hardy on 7/15/2022. (kas)
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Filing 45
STIPULATION selecting ADR process by HIGH OFF LIFE, LLC. (Dietrich, Thomas)
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Filing 44
ORDER indicating that the parties shall file an amended Stipulation Selecting ADR Process by 7/20/2022. Signed by Judge W. Scott Hardy on 7/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas)
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Filing 43
Errata re #42 Stipulation Selecting ADR process by HIGH OFF LIFE, LLC. Reason for Correction: Electronic signatures. (Dietrich, Thomas)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #42 Stipulation Selecting ADR process. ERROR: Signature on document and filer do not match. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (lar)
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Filing 42
STIPULATION selecting ADR process by HIGH OFF LIFE, LLC. (Dietrich, Thomas) Modified on 6/1/2022 to remove from public view. Stipulation refiled as Errata at #43 . (lar).
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Filing 41
Errata re #40 Case Management Order. Reason for Correction: Year of status conf. corrected to be 2023. (dms)
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Filing 40
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 5/11/2022; Joinder of Parties due by 5/20/2022; Amended Pleadings due by 6/10/2022. Fact Discovery to be completed by 2/17/2023. Expert Discovery to be completed by 6/19/2023. Plaintiff's Expert Reports due by 3/20/2023; Defendants' Expert Reports due by 4/18/2023; Plaintiff's Expert Depositions to be completed by 5/18/23; Defendants' Expert Depositions to be completed by 6/19/2023. A telephonic Status Conference is set for 2/22/2023 at 1:00 PM EST before Judge W. Scott Hardy. AT&T Conferencing Information for all telephonic conferences held before Judge Hardy can be found at Docket No. #7 . See attached Order for further details. Signed by Judge W. Scott Hardy on 05/17/2022. (dms) Modified on 5/18/2022 to remove from public view. Order refiled as Errata at #41 (lar).
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Filing 39
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. See attached Order. Signed by Judge W. Scott Hardy on 05/17/2022. (dms)
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Filing 38
Minute Entry for proceedings held before Judge W. Scott Hardy: A telephonic Initial Case Management Conference was held on 5/17/2022. The Parties are to file an ADR Stipulation pursuant to Local Rule 16.2 and in accordance with the Court's ADR Policies and Procedures no later than 05/31/22. Upon the filing of the Stipulation of Selecting an ADR Process, the Court will enter an Order Referring the Case to Mediation. Appropriate Orders to follow. (Court Reporter: None) (dms)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #36 Proposed Discovery Plan. ERROR: Wrong event selected. CORRECTION: Re-docketed as REPORT of Rule 26(f) Planning Meeting at #37 . This message is for informational purposes only. (lar)
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Filing 37
REPORT of Rule 26(f) Planning Meeting, filed by HIGH OFF LIFE, LLC. (lar)
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Filing 36
PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by HIGH OFF LIFE, LLC. (Dietrich, Thomas) Modified on 5/11/2022 to remove from public view. Redocketed Rule 26(f) at #37 (lar).
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Filing 35
Disclosure Statement identifying None as corporate parent or other affiliate, by SONY MUSIC HOLDINGS, INC.. (lar)
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Filing 34
Disclosure Statement identifying None as corporate parent or other affiliate, by FREEBANDZ PRODUCTIONS, LLC. (lar)
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Filing 33
LOCAL RULE 7.1 CERTIFICATE by SONY MUSIC HOLDINGS, INC. . (Rose, David) Modified on 4/20/2022 to remove from public view. Disclosure Statement refiled at #35 (lar).
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Filing 32
LOCAL RULE 7.1 CERTIFICATE by FREEBANDZ PRODUCTIONS, LLC . (Rose, David) Modified on 4/20/2022 to remove from public view. Disclosure Statement refiled at #34 (lar).
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #33 Local Rule 7.1 Certificate, #32 Local Rule 7.1 Certificate. ERROR: Wrong event selected. CORRECTION: Re-docketed as Disclosure Statement at #34 and #35 . This message is for informational purposes only. (lar)
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Filing 31
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER:A telephonic Initial Case Management Conference is set for 5/17/2022 at 01:30 PM before Judge W. Scott Hardy. The Parties' Rule 26 Meeting Report and Stipulation Selecting an ADR Process are due by 5/10/2022. AT&T Conferencing Information for all telephonic conferences held before Judge Hardy can be found at Docket No. #7 . See attached Order for further details. Signed by Judge W. Scott Hardy on 04/14/2022. (dms)
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Filing 30
ANSWER to #1 Complaint, by SONY MUSIC HOLDINGS, INC.. (Rose, David)
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Filing 29
ORDER granting #26 Motion for Joanne J. Liu to Appear Pro Hac Vice. Signed by Judge W. Scott Hardy on 4/14/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas)
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Filing 28
ANSWER to #1 Complaint, by FREEBANDZ PRODUCTIONS, LLC. (Rose, David)
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Filing 27
Errata re #26 Motion to Appear Pro Hac Vice by SONY MUSIC HOLDINGS, INC.. Reason for Correction: filing certificate of good standing. (Liu, Joanne)
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Filing 26
MOTION for attorney Joanne J. Liu to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7053467) by SONY MUSIC HOLDINGS, INC.. (Attachments: #1 Affidavit of Joanne Liu, #2 Proposed Order) (Liu, Joanne) Modified on 4/14/2022. Certificate of Good Standing was filed as an Errata at #27 (lar).
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #30 Answer to Complaint, #28 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 4/21/2022. (lar)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #26 Motion to Appear Pro Hac Vice. ERROR: Certificate of Good Standing not submitted. CORRECTION: Attorney advised to file the Certificate of Good Standing, using the Errata event and attach the document. (lar)
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Filing 25
ORDER indicating that Defendants' Answer to #1 Plaintiff's Complaint is due by 4/14/22. Signed by Judge W. Scott Hardy on 3/31/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kw)
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Filing 24
ORDER denying #19 Defendants' Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6). See Order for further details. Signed by Judge W. Scott Hardy on 3/30/22. (kw)
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Filing 23
MEMORANDUM OPINION indicating that #19 Defendants' Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) is denied. See Memorandum Opinion for further details. Signed by Judge W. Scott Hardy on 3/30/22. (kw)
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Filing 22
REPLY BRIEF re #19 Motion to Dismiss for Failure to State a Claim filed by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC. (Dickson, Cecilia)
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Filing 21
BRIEF in Opposition re #19 Motion to Dismiss for Failure to State a Claim filed by HIGH OFF LIFE, LLC. (Attachments: #1 Affidavit of Stephen McArthur and Exhibits A-B) (Dietrich, Thomas)
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Filing 20
BRIEF in Support re #19 Motion to Dismiss for Failure to State a Claim filed by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC. (Dickson, Cecilia)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC. (Attachments: #1 Exhibit Declaration of David Rose, #2 Exhibit A, #3 Proposed Order) (Dickson, Cecilia)
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Filing 18
ORDER granting #16 Motion for Dyan Finguerra-DuCharme to Appear Pro Hac Vice. Signed by Judge W. Scott Hardy on 12/3/20. (kas)
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Filing 17
ORDER granting #15 Motion for David C. Rose to Appear Pro Hac Vice. Signed by Judge W. Scott Hardy on 12/3/20. (kas)
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Filing 16
MOTION for attorney Dyan Finguerra-DuCharme to Appear Pro Hac Vice, (Filing fee $70, Receipt # CPAWDC-6123975) by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC.. (Attachments: #1 Affidavit Dyan Finguerra-DuCharme, #2 Exhibit Certificate of Good Standing, #3 Certificate of Service, #4 Proposed Order) (Finguerra-DuCharme, Dyan)
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Filing 15
MOTION for attorney David C. Rose to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6122969) by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC.. (Attachments: #1 Affidavit D.C.Rose, #2 Exhibit Certificate of Good Standing, #3 Certificate of Service, #4 Proposed Order) (Rose, David)
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Filing 14
ORDER granting #12 Uncontested Motion for an Extension of Time to Answer. Defendants' response to Plaintiff's Complaint is now due on or before 1/4/21. Signed by Judge W. Scott Hardy on 11/12/20. (kas)
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Filing 13
NOTICE of Appearance by Kent E. Baldauf, Jr on behalf of FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC.. (Baldauf, Kent)
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Filing 12
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, filed by HIGH OFF LIFE, LLC by FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC.. (Attachments: #1 Proposed Order) (Dickson, Cecilia)
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Filing 11
ORDER granting #9 Motion for Thomas E. Dietrich to Appear Pro Hac Vice. Signed by Judge W. Scott Hardy on 11/5/20. (kas)
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Filing 10
ORDER granting #8 Motion for Stephen C. McArthur to Appear Pro Hac Vice. Signed by Judge W. Scott Hardy on 11/5/20. (kas)
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Filing 9
MOTION for attorney Thomas E. Dietrich to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6056156) by HIGH OFF LIFE, LLC. (Attachments: #1 Affidavit, #2 Proposed Order) (Dietrich, Thomas)
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Filing 8
MOTION for attorney Stephen C. McArthur to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6056008) by HIGH OFF LIFE, LLC. (Attachments: #1 Affidavit, #2 Proposed Order) (McArthur, Stephen)
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Filing 7
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this document. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (dms)
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Filing 6
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) Report, which includes the Stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dms)
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Filing 5
Disclosure Statement identifying None as corporate parent or other affiliate, by HIGH OFF LIFE, LLC. (Middleman, Ray)
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Filing 4
ORDER REASSIGNING CASE. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 10/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
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W. Scott Hardy added. (mao)
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Filing 3
PATENT/TRADEMARK DOCUMENTS ISSUED. (Attachments: #1 COMPLAINT) (jd)
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Filing 2
Summons Issued as to FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC. (Attachments: #1 Summons) (jd)
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Filing 1
COMPLAINT against FREEBANDZ PRODUCTIONS, LLC, SONY MUSIC HOLDINGS, INC. (Filing fee, including Administrative fee, $400, receipt number APAWDC-5999190), filed by HIGH OFF LIFE, LLC. (Attachments: #1 Civil Cover Sheet) (jd)
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