Ithier et al v. Aponte et al
| Rafael Ithier, EGC Corp a/k/a El Gran Combo, EGC Corp. and El Gran Combo |
| JANE DOE, Insurance Company ABC, Mary Roe, Richard Roe, CARLOS JUAN APONTE, LEGAL CONJUGAL PARTNERSHIP, Legal Conjugal Partnership Aponte-Doe, Company XYZ, Legal Conjugal Partnership Doe-Roe, Charlie Aponte, ABC Insurance Company and Richard Doe |
| 3:2019cv02053 |
| November 8, 2019 |
| US District Court for the District of Puerto Rico |
| Jay A Garcia-Gregory |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 42 NOTICE OF APPEAL as to #41 Judgment, 40 Order Adopting Report and Recommendation, Order on Motion for Summary Judgment, by Carlos Juan Aponte. Filing fee $505, receipt number BPRDC-7964074.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf (Hernandez-Mayoral, Jose) Modified on 10/26/2022 to edit text (gav). |
| Filing 41 DECLARATORY JUDGMENT in favor of Plaintiff. Signed by Judge Jay A. Garcia-Gregory on 9/30/2022. (MQ) |
Filing 40
ORDER adopting #37 Report and Recommendation; denying #20 Defendant's Motion for Summary Judgment; granting #23 Plaintiff's Motion for Summary Judgment. After considering Defendant's Objection, Docket No. #39 , and conducting a de novo review of the record, the Court finds that the R&R is supported by both the facts and the law. In his objection, Defendant argues that the Magistrate Judge misconstrued his argument, which is that El Gran Combo as a band is entitled to the royalties as a featured artist and that the band refers to its members, not the owner. In support of this argument, Defendant cites an email from the Senior Corporate Paralegal at Sound Exchange, Docket No. 24-22, and argues that "[w]here Congress has entrusted rulemaking and administrative authority to an agency, courts normally accord the agency particular deference in respect to the interpretation of regulations promulgated under that authority," S. Shore Hosp., Inc. v. Thompson, 308 F.3d 91, 97 (1st Cir. 2002) (cleaned up). However, the email is not dispositive because it is not an official interpretation of Sound Exchange, but merely the opinion of an employee. Moreover, the statute does not grant rulemaking authority to an agency, but merely charges "a nonprofit collective designated by the Copyright Royalty Judges [i.e. Sound Exchange] to distribute receipts from the licensing of transmissions." 17 U.S.C. 114(g)(2). El Gran Combo, organized as a corporation, is a distinct legal entity that employs the musicians that compose the band. As the group most prominently featured on the sound recordings, the corporation is entitled to collect royalties as the featured artist and Plaintiff is the sole owner of that corporation. Accordingly, the Court ADOPTS the Magistrate Judge's R&R, denies Defendant's Motion for Summary Judgment, and grants Plaintiff's Motion for Summary Judgment. Declaratory Judgment shall be entered accordingly. Signed by Judge Jay A. Garcia-Gregory on 9/30/2022. (MQ)
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| Filing 39 OBJECTION to Report and Recommendation filed by Carlos Juan Aponte Re: #37 Report and Recommendation, filed by Carlos Juan Aponte. (Hernandez-Mayoral, Jose) |
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Filing 38
SCHEDULING ORDER/CASE MANAGEMENT ORDER. The Court hereby shortens the following deadline: Objections to the Report and Recommendation, Docket No. #37 , are now due by 9/29/2022. Signed by Judge Jay A. Garcia-Gregory on 9/20/2022. (ERC)
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| Filing 37 REPORT AND RECOMMENDATION re #20 MOTION for Summary Judgment filed by Carlos Juan Aponte, #23 MOTION for Summary Judgment filed by Rafael Ithier, EGC Corp. Objections to R&R due by 10/3/2022. Signed by US Magistrate Judge Giselle Lopez-Soler on September 19, 2022. (Lopez-Soler, Giselle) |
| NOTICE of Docket Text Modification by Deputy Clerk re: 35 Memorandum of the Clerk,. ***VACATED AS PER ORDER AT D.E. #36*** (gav) |
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Filing 36
ORDER VACATING and SETTING ASIDE 35 Memorandum of the Clerk. The #20 MOTION for Summary Judgment and #23 CROSS MOTION for Summary Judgment are hereby reassigned to U.S. Magistrate Judge Giselle Lopez-Soler for a Report and Recommendation. Signed by Judge Jay A. Garcia-Gregory on 8/9/2022. (MQ)
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| Filing 35 ***VACATED AS PER ORDER AT D.E. #36*** MEMORANDUM OF THE CLERK: By Order of Judge Jay A. Garcia-Gregory (Docket No. 34), the #20 MOTION for Summary Judgment and #23 CROSS MOTION for Summary Judgment have been randomly referred within the Case Assignment System to Magistrate Marcos E. Lopez for a Report and Recommendation. Signed by Clerk on 06/02/2022. (ft) Modified on 8/10/2022 (gav). |
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Filing 34
ORDER REFERRING MOTIONS to a U.S. Magistrate Judge for a Report and Recommendation: #20 MOTION for Summary Judgment and #23 CROSS MOTION for Summary Judgment. Signed by Judge Jay A. Garcia-Gregory on 6/2/2022. (ERC)
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Filing 33
ORDER noted #30 Motion In Compliance. Signed by Judge Jay A. Garcia-Gregory on 6/2/2022. (ERC)
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| Filing 32 RESPONSE in Opposition to Statement of Uncontroverted Facts filed by Carlos Juan Aponte Re: #24 Statement filed by EGC Corp. filed by Carlos Juan Aponte. (Attachments: #1 Exhibit A IRS Handbook)(Hernandez-Mayoral, Jose) Modified on 4/13/2022 to edit text and remove italics (gav). |
| Filing 31 RESPONSE in Opposition to Cross Motion for Summary Judgment filed by All Defendants Re: #23 Memorandum in Opposition, filed by Rafael Ithier, EGC Corp. filed by All Defendants. (Hernandez-Mayoral, Jose) Modified on 4/13/2022 to remove italics (gav). |
| Filing 30 Motion In Compliance Order filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 4/20/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 2-2, #2 Exhibit 2-3)(Sueiro-Del-Valle, Roberto) Modified on 4/7/2022 to remove italics (gav). |
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Filing 29
ORDER granting #22 MOTION for Extension of Time until March 24, 2022 to File Response/Reply. Signed by Judge Jay A. Garcia-Gregory on 4/5/2022. (ERC)
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Filing 28
SCHEDULING ORDER/CASE MANAGEMENT ORDER. In light of the pending Motion for Summary Judgment, Docket No. 20, the Court hereby vacates sine die the following dates and deadlines: (i) JOINT Pretrial Memorandum due by 4/8/2022; (ii) Pretrial/Settlement Conference set for 4/18/2022; and (iii) Jury Trial set for 5/2/2022. Signed by Judge Jay A. Garcia-Gregory on 4/5/2022. (ERC)
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Filing 27
ORDER granting #26 Second MOTION for extension of time until April 10, 2022; and granting #25 MOTION for Leave to File Spanish language documents and Extension of Time to File Certified Translation. Signed by Judge Jay A. Garcia-Gregory on 4/5/2022. (ERC)
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| Filing 26 Second MOTION for extension of time until April 10, 2022 filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 4/18/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) |
| Filing 25 MOTION for Leave to File Spanish language documents and Extension of Time to File Certified Translation filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 4/4/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) Modified on 3/22/2022 to remove italics (gav). |
| Filing 24 STATEMENT of Uncontested Facts filed by EGC Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 1-2, #3 Exhibit 2, #4 Exhibit 2-1, #5 Exhibit 2-2, #6 Exhibit 2-3, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5-1, #10 Exhibit 5-2, #11 Exhibit 6-1, #12 Exhibit 6-2, #13 Exhibit 6-3, #14 Exhibit 6-4, #15 Exhibit 6-5, #16 Exhibit 6-6, #17 Exhibit 7, #18 Exhibit 8-1, #19 Exhibit 8-2, #20 Exhibit 8-3, #21 Exhibit 9, #22 Exhibit 10, #23 Exhibit 11) (Sueiro-Del-Valle, Roberto) Modified on 3/22/2022 to remove italics (gav). |
| Filing 23 MEMORANDUM in Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment filed by All Plaintiffs Re: #20 MOTION for Summary Judgment filed by Carlos Juan Aponte filed by All Plaintiffs. (Sueiro-Del-Valle, Roberto) Modified on 3/22/2022 to remove italics (gav). Modified on 6/2/2022 modify event to a pending document (gav). |
| Filing 22 MOTION for Extension of Time until March 24, 2022 to File Response/Reply filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 3/22/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) |
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Filing 21
ORDER granting #19 Motion for extension of time. Signed by Judge Jay A. Garcia-Gregory on 3/7/2022. (ERC)
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| Filing 20 MOTION for Summary Judgment filed by Jose A. Hernandez-Mayoral on behalf of Carlos Juan Aponte Suggestions in Opposition to Summary Judgment due by 3/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Appendix Statement of Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hernandez-Mayoral, Jose) |
| Filing 19 MOTION for extension of time until February 28, 2022 filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 2/14/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) |
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Filing 18
ORDER granting #17 Motion for extension of time. Conclusion of Discovery now due by 1/31/2022. Signed by Judge Jay A. Garcia-Gregory on 1/20/2022. (ERC)
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| Filing 17 MOTION for extension of time until January 31, 2022 filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 12/8/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) |
| Filing 16 NOTICE of Appearance by Jose A. Hernandez-Mayoral on behalf of Carlos Juan Aponte (Hernandez-Mayoral, Jose) |
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Filing 15
SCHEDULING ORDER/CASE MANAGEMENT ORDER. The Court hereby sets the deadlines established in the attached Order. Amended Pleadings due by 7/1/2021. Conclusion of Discovery due by 11/30/2021. Dispositive Motions due by 2/28/2022. JOINT Pretrial Memorandum due by 4/8/2022. Pretrial/Settlement Conference set for 4/18/2022 03:00 PM in Old San Juan Courtroom before Judge Jay A. Garcia-Gregory. Jury Trial set for 5/2/2022 10:00 AM in Old San Juan Courtroom before Judge Jay A. Garcia-Gregory. Signed by Judge Jay A. Garcia-Gregory on 7/28/2021. (ERC)
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| Filing 14 INITIAL SCHEDULING CONFERENCE MEMORANDUM by All Plaintiffs, Carlos Juan Aponte . (Sueiro-Del-Valle, Roberto) Modified on 5/3/2021 to add filer (ab). |
| Filing 13 ANSWER to #10 Answer to Complaint, Counterclaim filed by Roberto Sueiro-Del-Valle on behalf of Counter Defendants EGC Corp., Rafael Ithier, Plaintiffs EGC Corp., Rafael Ithier.(Sueiro-Del-Valle, Roberto) |
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Filing 12
SCHEDULING ORDER/CASE MANAGEMENT ORDER. JOINT Initial Scheduling Memorandum Filing due by 5/3/2021. The Parties shall refer to the attached Order for additional instructions. Signed by Judge Jay A. Garcia-Gregory on 4/19/2021. (ERC)
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Filing 11
ORDER granting #9 MOTION for Extension of Time to File Answer re: #1 Complaint. Signed by Judge Jay A. Garcia-Gregory on 4/12/2021. (ERC)
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| Filing 10 ANSWER to #1 Complaint, , COUNTERCLAIM against EGC Corp., Rafael Ithier filed by Patricia Rivera-MacMurray on behalf of Carlos Aponte .(Rivera-MacMurray, Patricia) Modified on 4/9/2021 edit text as to filer (gav). |
| Filing 9 MOTION for Extension of Time to File Answer re: #1 Complaint, filed by Rafael Ithier, EGC Corp. filed by Patricia Rivera-MacMurray on behalf of Carlos Juan Aponte Responses due by 4/16/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #1 ) (Rivera-MacMurray, Patricia) |
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Filing 8
ORDER denying Defendants' #6 Motion to Dismiss for Lack of Jurisdiction for the reasons stated in Plaintiffs' #7 RESPONSE in Opposition to Motion to Dismiss. Signed by Judge Jay A. Garcia-Gregory on 3/12/2021. (ERC)
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| Filing 7 RESPONSE in Opposition to Motion to Dismiss filed by All Plaintiffs Re: #6 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by Carlos Juan Aponte filed by All Plaintiffs. (Sueiro-Del-Valle, Roberto) |
| Filing 6 MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by Patricia Rivera-MacMurray on behalf of Carlos Juan Aponte Responses due by 1/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Rivera-MacMurray, Patricia) |
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Filing 5
ORDER re Plaintiff's #4 Motion Submitting Proof of Service of Summons: Noted. Signed by Judge Jay A. Garcia-Gregory on 12/4/2019. (JG)
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| Filing 4 MOTION Submitting Proof of Service of Summons filed by Roberto Sueiro-Del-Valle on behalf of EGC Corp. Responses due by 12/18/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Sueiro-Del-Valle, Roberto) |
| Filing 3 Summons Issued as to Carlos Juan Aponte, Jane Doe, Legal Conjugal Partnership Aponte-Doe (Attachments: #1 Summons) (arg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Jay A. Garcia-Gregory (arg) |
| Filing 1 COMPLAINT "Declaratory Judgment" against All Defendants ( Filing fee $400 receipt number 0104-6676037.), filed by EGC Corp. Rafael Ithier. Service due by 2/6/2020, (Attachments: #1 Civil Cover Sheet CIVIL COVER, #2 Category Sheet CATEGORY SHEET, #3 Summons Carlos Juan Aponte-Cruz, #4 Summons Carlos Juan Aponte-Cruz LCP, #5 Summons Jane Doe and LCP)(Sueiro-Del-Valle, Roberto) Modified on 11/12/2019 to correct caps (mcm). |
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