Miller v. Hurst et al
| Jack Victor Miller |
| Kenneth Hurst, Tedd Graves, Nita Miller Graves, Russell Sims, Sims Records, Lovingood Music, English Music and Lillibeth Music |
| 3:2017cv00791 |
| May 3, 2017 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Aleta A. Trauger |
| Copyrights |
| 17 U.S.C. ยง 0101 |
| Plaintiff |
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Filing
175
MEMORANDUM and ORDER: The plaintiffs Second Emergency Motion 167 is GRANTED IN PART AND DENIED IN PART. Further efforts to enforce the judgment are STAYED for twenty-one days, to allow plaintiff time to secure a bond. The plaintiff is advised tha t a list of bonding companies authorized to serve as surety on bonds filed in the Federal Courts may be found at: https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html. Signed by District Judge Aleta A. Trauger on 7/1/2021. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing
158
MEMORANDUM OPINION AND ORDER OF THE COURT: The plaintiff's first Motion for Reconsideration and Rule 60(b)(2) Motion 154 and 157 are DENIED, insofar as they seek reconsideration of the court's previous determination that the Hurst de fendants are a prevailing party in this litigation and, as such, entitled to attorney's fees under the Copyright Act. The Hurst defendants' Motion for Attorney's Fees 145 is GRANTED IN PART AND DENIED IN PART. The court finds that a fee award is warranted, but the amount sought, $17,400, is not reasonable under the circumstances presented. The court awards a reasonable fee in the amount of $5,250. Signed by District Judge Aleta A. Trauger on 5/7/2021. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing
152
MEMORANDUM and ORDER: The Graves defendants' Motion for Attorney's Fees (Doc. No. 146 ) is GRANTED IN PART, and the court AWARDS fees in their favor and against the plaintiff in the amount of $32,400. The court DEFERS ruling on the Hurst defendants Motion for Attorney's Fees. (Doc. No. 145 .) Counsel for the Hurst defendants is DIRECTED to file a declaration or affidavit that complies with Local Rule 54.01(c) within FOURTEEN days of entry of this Order. The plaintiff s hall have FOURTEEN days after that filing to submit a brief response addressed to the reasonableness of the fees sought. Signed by District Judge Aleta A. Trauger on 3/8/2021. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing
143
ORDER: The plaintiff's Objections 137 to the Report and Recommendation ("R&R") 132 recommending dismissal of this case are OVERRULED. The court ACCEPTS the R&R with the modifications incorporated in the Memorandum accompanying this Order. Defendants Nita Miller Graves, Tedd Graves, and Lovingood Publishing Company's Motion to Dismiss Plaintiff's Verified Second Amended Complaint 123 is GRANTED; the alternative Motion for Summary Judgment incorporated in the same document is DENIED AS MOOT; and the duplicate motion 124 is TERMINATED AS MOOT. Defendants Kenneth "Kenny" Hurst, and Lillibeth Music's Motion to Join the other defendants' motion to dismiss is GRANTED. All claims agains t all defendants are DISMISSED. The plaintiff's copyright infringement claims are DISMISSED WITHOUT PREJUDICE, and all other claims are DISMISSED WITH PREJUDICE. The plaintiff's Motion for Temporary Injunction 120 is DENIED AS MOOT. The request for appointment of counsel for defendants Russell Sims, Sims Records, and English Music 83 submitted by Sims' wife, Holly Holstead, is DENIED AS MOOT. Signed by District Judge Aleta A. Trauger on 9/28/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing
132
REPORT AND RECOMMENDATION: It is respectfully RECOMMENDED that: Defendants' motions to dismiss (DE 123 , 128 ) be GRANTED. Defendants' motion for summary judgment (DE 124 ) be DENIED AS MOOT without any further action, as it merely du plicates Defendants' motion to dismiss. Plaintiff's motion for a preliminary injunction (DE 120 ) be DENIED. Signed by Magistrate Judge Barbara D. Holmes on 7/9/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing
85
ORDER denying as moot 35 Motion to Join Claims and denying 58 Motion to Amend/Correct. Signed by District Judge Aleta A. Trauger on 8/23/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Filing
57
ORDER: The plaintiff's Motion to Request Extension of Time to File Response to R&R and Defendant's Motion to Dismiss Plaintiff's First Amended Complaint or for Abstention (Docket No. 52 ) is DENIED IN PART, to the extent that the plaintiff seeks an extension of time to file objections to the pending Report and Recommendation (Docket No. 48 ). The remaining part of this motion to extend the deadline to respond to the pending Motion to Dismiss is fo r the magistrate judge to rule upon. The Report and Recommendation filed by the magistrate judge on February 16, 2018 (Docket No. 48 ) is ACCEPTED. For the reasons expressed therein, it is hereby ORDERED that the defendants' Joint Motio n to Remand or to Strike (Docket No. 38 ) is GRANTED, and to the extent that the plaintiff has removed state claims from the Chancery Court for Rutherford County, Tennessee, they are hereby REMANDED back to that court. Signed by District Judge Aleta A. Trauger on 3/12/18. (xc:Pro se party by regular mail. Copy mailed to Rutherford County Chancery Clerk ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
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