House of Bryant Publications, L.L.C. v. A&E Television Networks Featured Case

Plaintiffs claim A&E used short clip of "Rocky Top" synchronized in a television program, despite plaintiff's refusal to grant a license. Defense claims the clip is only 12 seconds long and is background to a football game filled with ambient noise.

Plaintiff: House of Bryant Publications, L.L.C.
Defendant: A&E Television Networks
Case Number: 3:2009cv00502
Filed: June 3, 2009
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Davidson
Presiding Judge: E. Clifton Knowles
Presiding Judge: Aleta A. Trauger
Nature of Suit: Plaintiff
Cause of Action: 17:0101 Copyright Infringement
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2010 Filing 41 Final judgment is hereby entered for purposes of Rule 58 and/or Rule 79 (a) of the Federal Rules of Civil Procedure on 02/22/2010 by AB. (ab)
February 22, 2010 Opinion or Order Filing 40 STIPULATION AND AGREED ORDER OF DISMISSAL WITH PREJUDICE: It therefore appears to the Court that this action has been compromised and settled, withno finding or admission of liability, and that the action between the Parties should be dismissed with prejudice. Accordingly, for good cause shown, it is ORDERED that this action is DISMISSED with prejudice. Signed by District Judge Aleta A. Trauger on 02/22/2010. (ab)
February 19, 2010 Filing 39 STIPULATION of Dismissal With Prejudice by A&E Television Networks. (Hubbard, Heather)
January 21, 2010 Opinion or Order Filing 36 ORDER: The court has been notified that this case has settled. It is hereby ORDERED that a stipulation of dismissal or other settlement document shall be filed within 20 days of the entry of this Order. Signed by District Judge Aleta A. Trauger on 01/21/2010. (ab)
December 22, 2009 Opinion or Order Filing 35 ORDER: A Settlement Conference is set for 1/21/2010 10:00 AM before Senior Judge Thomas Wiseman. Signed by Senior Judge Thomas Wiseman on 12/22/2009. (ab)
December 4, 2009 Filing 34 JOINT MEDIATION REPORT by House of Bryant Publications, L.L.C., A&E Television Networks(Harvey, Robb) Modified text on 12/7/2009 (ab).
December 1, 2009 Opinion or Order Filing 33 INITIAL CASE MANAGEMENT ORDER: Discovery due by 8/13/2010; Dispositive Motions due by 2/1/2011. Signed by District Judge Aleta A. Trauger on 12/01/09. (ab)
November 30, 2009 Filing 32 PROPOSED CASE MANAGEMENT ORDER filed by House of Bryant Publications, L.L.C., A&E Television Networks. (Harvey, Robb)
November 24, 2009 Opinion or Order Filing 31 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 5/31/2011 09:00 AM in Courtroom 873 with the Final Pretrial Conference set for 5/27/2011 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger; Proposed Pretrial Order due by 5/24/2011; Motions in limine due by 05/13/2011. Signed by District Judge Aleta A. Trauger on 11/24/09. (ab)
November 24, 2009 Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 11/24/2009. Joint mediation report 12/7/09 and second Joint mediation report by 12/15/10. Discovery ddl 8/13/10, pltf's disclose experts 7/23/10, depos 9/1/10, deft's disclose experts 10/1/10, depos 11/15/10, pltfs rebuttal 12/7/10, depos 1/15/11, dispositive motion ddl 2/1/11, responses 25 days, optional reply 15 days. (Court Reporter none.) (bb-j)
November 24, 2009 Bar status of Atty Motzny of TN verified as active this date. (ab)
November 23, 2009 Filing 30 PROPOSED CASE MANAGEMENT ORDER filed by House of Bryant Publications, L.L.C.. (Motzny, Thomas)
November 23, 2009 Filing 29 NOTICE of Appearance by Thomas J. Motzny on behalf of House of Bryant Publications, L.L.C. (Motzny, Thomas)
November 20, 2009 Opinion or Order Filing 28 ORDER granting 27 motion for deft AETN's corporate representative to be permitted to attend the ICMC and via telephone. Signed by District Judge Aleta A. Trauger on 11/20/09. (af)
November 20, 2009 Filing 27 MOTION for Defendant AETNs Corporate Representative to Be Permitted to Attend Initial Case Management Conference by Telephone by A&E Television Networks. (Hubbard, Heather)
November 18, 2009 Opinion or Order Filing 26 ORDER granting 25 Motion to Continue Initial Case Management Conference. Reset for 11/24/09 at 11:00 am. Signed by District Judge Aleta A. Trauger on 11/18/09. (ab)
November 17, 2009 Filing 25 Joint MOTION to Continue Initial Case Management Conference by House of Bryant Publications, L.L.C.. (Busch, Richard)
November 16, 2009 Filing 24 ANSWER to 1 Complaint by A&E Television Networks.(Harvey, Robb)
October 30, 2009 Opinion or Order Filing 23 ORDER : For the reasons expressed in the accompanying Memorandum, the defendant's 5 Request for Judicial Notice in Support of its Motion to Dismiss is GRANTED to the extent that the court considered the materials requested by the defendant, and the defendant's 6 Motion to Dismiss for Failure to State a Claim is DENIED. It is further ORDERED that the defendant shall file an Answer by November 16, 2009, and the initial case management conference shall be held on November 23, 2009 at 3:30 p.m. Signed by District Judge Aleta A. Trauger on 10/30/09. (ab)
October 30, 2009 Filing 22 MEMORANDUM of the Court signed by District Judge Aleta A. Trauger on 10/30/09. (ab)
September 22, 2009 Filing 21 REPLY to Response to Motion re 6 MOTION to Dismiss for failure to state a claim filed by A&E Television Networks. (Attachments: # 1 Supplement Cases)(Harvey, Robb)
September 22, 2009 Filing 20 DECLARATION of Records Custodian filed by A&E Television Networks re: 19 Reply to Response to Motion. (Harvey, Robb)
September 22, 2009 Filing 19 REPLY to Response to Motion re 5 MOTION for judicial notice filed by A&E Television Networks. (Harvey, Robb)
September 3, 2009 Filing 18 DECLARATION of Richard S. Busch filed by House of Bryant Publications, L.L.C. re: 16 Objections, 17 Response in Opposition to Motion. (Attachments: # 1 Exhibit Ex A-- AETN website, # 2 Exhibit Ex B- HOB letter)(Busch, Richard)
September 3, 2009 Filing 17 RESPONSE in Opposition re 6 MOTION to Dismiss for failure to state a claim filed by House of Bryant Publications, L.L.C.. (Attachments: # 1 Appendix Case law, # 2 Appendix Case law)(Busch, Richard)
September 3, 2009 Filing 16 OBJECTIONS filed by House of Bryant Publications, L.L.C. re 5 Motion for Judicial Notice. (Attachments: # 1 Appendix Case law)(Busch, Richard) Modified text on 9/4/2009 (ab).
August 25, 2009 Opinion or Order Filing 15 ORDER granting 13 Motion for Extension of Time to File Response re 6 MOTION to Dismiss, extension to 09/03/09. Signed by District Judge Aleta A. Trauger on 08/25/09. (ab)
August 24, 2009 Filing 14 NOTICE by A&E Television Networks re 7 Memorandum in Support (Attachments: # 1 Exhibit Correction to Memorandum of Law in Support of Motion to Dismiss)(Harvey, Robb)
August 21, 2009 Filing 13 Joint MOTION for Extension of Time to File Response/Reply by House of Bryant Publications, L.L.C.. (Busch, Richard)
August 13, 2009 Received manual filing of 2 DVDs and 1 CD per 9 Order. (ab)
August 13, 2009 Filing 12 CORPORATE DISCLOSURE STATEMENT filed by A&E Television Networks. (Harvey, Robb)
August 13, 2009 Filing 11 DECLARATION of Robb S. Harvey filed by A&E Television Networks re: 5 MOTION for judicial notice. (Harvey, Robb)
August 13, 2009 Filing 10 NOTICE of Filing by A&E Television Networks re 5 MOTION for judicial notice Manual Exhibits A, A-1, and C (Harvey, Robb)
August 13, 2009 Opinion or Order Filing 9 ORDER granting 4 Motion for Leave to Manually File Two DVDS and CD. Signed by District Judge Aleta A. Trauger on 08/13/09. (ab)
August 13, 2009 Opinion or Order Filing 8 ORDER : Given the pendency of 6 Motion to Dismiss, it is hereby ORDERED that the initial case management conference scheduled for August 17, 2009 is CONTINUED, to be reset, if appropriate, after disposition of this motion. Signed by District Judge Aleta A. Trauger on 08/13/09. (ab)
August 11, 2009 Bar status of Atty Hubbard of TN verified as active this date. (ab)
August 11, 2009 Filing 7 MEMORANDUM in Support of 6 MOTION to Dismiss for failure to state a claim filed by A&E Television Networks. (Attachments: # 1 Supplement Unpublished Case - Payne, # 2 Supplement Unpublished Case - Phoenix Hill)(Harvey, Robb)
August 11, 2009 Filing 6 MOTION to Dismiss for failure to state a claim by A&E Television Networks. (Harvey, Robb)
August 11, 2009 Filing 5 MOTION for judicial notice by A&E Television Networks. (Attachments: # 1 Supplement Unpublished Case, # 2 Supplement Unpublished Case, # 3 Supplement Unpublished Case, # 4 Supplement Unpublished Case, # 5 Exhibit B - Rocky Top Sheet Music)(Harvey, Robb)
August 11, 2009 Filing 4 MOTION for Leave to file manually two DVDs and one CD by A&E Television Networks. (Harvey, Robb)
June 16, 2009 Filing 3 WAIVER OF SERVICE Returned Executed by House of Bryant Publications, L.L.C.. A&E Television Networks waiver sent on 6/12/2009. (Busch, Richard)
June 3, 2009 Bar status for atty Richard Steven Busch of TN verified as active this date. (rd)
June 3, 2009 Filing 2 NOTICE of Initial Case Management Conference set for Monday, 8/17/2009 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (rd)
June 3, 2009 Filing 1 COMPLAINT against A&E Television Networks, filed by House of Bryant Publications, L.L.C. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(rd)

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Plaintiff: House of Bryant Publications, L.L.C.
Represented By: Richard S. Busch
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Defendant: A&E Television Networks
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