Eight Mile Style LLC and Martin Affiliated LLC alleges that they never authorized Universal to license Eminem's music to Apple for resale on the iTunes Music Store.
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Date Filed
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Docket Text
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| July 30, 2007 |
1
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COMPLAINT filed by Eight Mile Style, LLC, Martin Affiliated, LLC against Apple Computer, Incorporated, Receipt No: 560226 - Fee: $ 350. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation # 6 Document Continuation) (PPau) (Entered:
07/31/2007)
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| July 30, 2007 |
2
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Copyright Report Sent To Washington (PPau) (Entered: July 31, 2007)
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| July 30, 2007 |
3
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Eight Mile Style, LLC, Martin Affiliated, LLC (PPau) (Entered: July 31, 2007)
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| July 31, 2007 |
4
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FIRST AMENDED STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Eight Mile Style, LLC, Martin Affiliated, LLC (DHam) (Entered: August 1, 2007)
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| July 31, 2007 |
5
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NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Norman C. Ankers re 4 Statement of Disclosure of Corporate Affiliations (DHam) (Entered: August 1, 2007)
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| August 1, 2007 |
6
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NOTICE of Appearance by Brian D. Wassom on behalf of all plaintiffs. (Wassom, Brian) (Entered: August 1, 2007)
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| August 8, 2007 |
7
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NOTICE of Appearance by Richard S. Busch on behalf of all plaintiffs. (Busch, Richard) (Entered: August 8, 2007)
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| September 7, 2007 |
8
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STIPULATED ORDER PERMITTING INTERVENTION AND EXTENDING TIME TO RESPOND TO PLAINTIFFS' 1 COMPLAINT: Responses due by 9/14/2007 - Signed by
Honorable Anna Diggs Taylor. (JCur) (Entered: September 7, 2007)
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| September 14, 2007 |
9
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ANSWER to Complaint with Affirmative Defenses by all defendants. (Quick, Daniel) (Entered: September 14, 2007)
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| September 14, 2007 |
10
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Apple Computer, Incorporated (Quick, Daniel) (Entered: September 14, 2007)
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| September 21, 2007 |
11
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MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF by all defendants. (Attachments: # 1 # 2 # 3 #
4 # 5 # 6 # 7 # 8 #
9 # 10 # 11 # 12) (Quick, Daniel) (Entered: September 21, 2007)
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| September 26, 2007 |
12
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EXHIBIT Attached to re 11 MOTION to Transfer Case DEFENDANTS' MOTION
TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF by all defendants (Attachments: # 1 Exhibit A: Article regarding Eight Mile
Style dated August 11, 2002# 2 Exhibit B: First Amended Complaint for Breach of Contract; Declaratory Judgment, Jury Demand#
3 Exhibit C: Michigan Dept. of Consumer and Industry Services Fiing Endorsement of Eight Mile Styles, LLC filed March 10,
2000# 4 Exhibit D: Michigan Dept. of Labor & Economic Growth Bureau of Commercial Services Annual Statement for Martin
Affiliated LLC# 5 Exhibit E: Michigan Dept. of Consumer and Industry Services Filing Endorsement of Eight Mile Style, LLC
filed December 8, 2000# 6 Exhibit F: Michigan Dept. of Consumer and Industry Services Filing Endorsement of Martin Affiliated,
LLC filed September 4, 2002# 7 Exhibit G: Complaint and Demand for Trial by Jury filed February 20, 2004# 8 Exhibit H: Letter to Paul Rosenberg dated March 9, 1998# 9 Exhibit I:
Letter to Marshall B. Mathers, III, dated July 2, 2003# 10 Exhibit J: Table C-5 U.S. District Courts - Median Time Intervals
From Filing to Disposition of Civil Cases Ending September 30, 2006# 11 Exhibit K: Table C-5 U.S. District Courts - Median
Time Intervals From Filing to Disposition of Civil Cases Ending September 30, 2005) (Quick, Daniel) (Entered: September 26, 2007)
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| October 9, 2007 |
13
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RESPONSE to 11 MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE
AND BRIEF IN SUPPORT THEREOF filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits #
2 Exhibit 1 - Declaration of Richards S. Busch# 3 Exhibit 2 -
USDC for the Eastern District of Michigan Complaint# 4 Exhibit 3 - USDC for the Central District of California Complaint#
Exhibit 4 - 10/16/07 Removed and placed under seal Excerpts of Mastertone License Agreement# 6 Exhibit 5 - Excerpts of 2006
Annual State of the Court Message# 7 Exhibit 7 - 2007 Annual State of the Court Message) (Ankers, Norman) Modified on
10/17/2007 (Teets, A.). (Entered: October 9, 2007)
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| October 17, 2007 |
14
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STIPULATION AND ORDER removing Exhibit 4 from the docket and placing it under seal re 13 Response to Motion,, Signed by Honorable Anna Diggs Taylor. (ATee) (Entered:
10/17/2007)
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| October 19, 2007 |
15
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REPLY to Response re 11 MOTION to Transfer Case DEFENDANTS' MOTION TO
TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF filed by all defendants. (Attachments: # 1 Index of Exhibits to Defendants'
Reply Brief in Support of Motion to Transfer Venue# 2 Exhibit A Defendants' Answer to Complaint# 3 Exhibit B Filed Under Seal) (Quick, Daniel) (Entered: October 19, 2007)
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| October 22, 2007 |
16
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EXHIBIT B Filed Under Seal Attached to Defendants' Reply Brief in Support of Motion to Transfer Venue (JCre) (Entered: October 23, 2007)
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| November 7, 2007 |
17
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NOTICE of hearing on 11 MOTION to Transfer Case DEFENDANTS' MOTION TO
TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF. Motion Hearing set for 12/10/2007 09:00 AM before Honorable Anna Diggs Taylor. (MCar, ) (Entered:
11/07/2007)
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| November 15, 2007 |
18
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NOTICE of Appearance by Kelly M. Klaus on behalf of Aftermath Records d/b/a Aftermath Entertainment, Apple Inc.. (Klaus, Kelly) (Entered: November 15, 2007)
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| December 10, 2007 |
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Minute Entry - Motion Hearing held on 12/10/2007 re 11 MOTION to Transfer Case
filed by Apple Computer, Incorporated - before Honorable Anna Diggs Taylor. Disposition: DENIED (order to be presented) (Court Reporter Leann Lizza 313-965-7510) (JCur) (Entered:
12/11/2007)
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| December 19, 2007 |
19
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ORDER Denying Defendants' 11 Motion to Transfer Venue. Signed by Honorable Anna
Diggs Taylor. (JCur) (Entered: December 19, 2007)
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| January 8, 2008 |
20
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PROPOSED SCHEDULING ORDER: Final Pretrial Conference set for 9/18/2008 09:30 AM before Honorable Anna Diggs Taylor, Settlement
Conference set for 9/18/2008 09:30 AM before Honorable Anna Diggs Taylor, Bench Trial set for 10/14/2008 09:00 AM before Honorable Anna Diggs
Taylor, Dispositive Motion Cut-off set for 7/16/2008, Discovery due by 5/16/2008 Signed by Honorable Anna Diggs
Taylor. (Refer to image for additional dates) (JCur) (Entered: January 8, 2008)
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| February 20, 2008 |
21
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NOTICE of Appearance by Howard Hertz on behalf of Eight Mile Style, LLC, Martin Affiliated, LLC. (Hertz, Howard) (Entered: February 20, 2008)
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| February 20, 2008 |
22
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NOTICE of Appearance by Jay G. Yasso on behalf of Eight Mile Style, LLC, Martin Affiliated, LLC. (Yasso, Jay) (Entered: February 20, 2008)
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| February 21, 2008 |
23
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NOTICE of Withdrawal of Attorney Norman C. Ankers by Eight Mile Style, LLC, Martin Affiliated, LLC. (Ankers, Norman) (Entered: February 21, 2008)
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| February 21, 2008 |
24
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NOTICE of Withdrawal of Attorney Brian D. Wassom by Eight Mile Style, LLC, Martin Affiliated, LLC. (Wassom, Brian) (Entered: February 21, 2008)
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| February 21, 2008 |
25
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NOTICE of Withdrawal of Attorney Michael A. Lisi by Eight Mile Style, LLC, Martin Affiliated, LLC. (Lisi, Michael) (Entered: February 21, 2008)
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| February 26, 2008 |
26
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MOTION for New Trial Date by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, #
2 Exhibit 1 - Declaration of Richard S. Busch, # 3 Exhibit A -
Motion to Continue Trial, # 4 Exhibit B - Order, # 5 Exhibit C -
Plaintiff Bridgeport Music's Inc. Motion to Reset Trial, # 6 Exhibit D - Order, # 7 Exhibit E - Proposed Scheduling Order, # 8 Exhibit F - Memoradum of
Points and Authorities in Support of Plaintiffs' Motion to Reset Trial Date) (Hertz, Howard) (Entered: February 26, 2008)
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| March 11, 2008 |
27
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RESPONSE to 26 MOTION for New Trial Date filed by Aftermath Records,
Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A) (Quick, Daniel) (Entered: March 11, 2008)
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| March 17, 2008 |
28
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ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 26 MOTION for New
Trial Date filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Signed by Honorable Anna Diggs Taylor. (JCur) (Entered: March 17, 2008)
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| March 20, 2008 |
29
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REPLY to Response re 26 MOTION for New Trial Date filed by Eight Mile
Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit Herschel Fink, Esq. Correspondence Regarding Withdrawal of
Attorneys Ankers and Honigman, # 2 Exhibit Howard King, Esq. Correspondence Regarding Withdrawal of Attorneys Ankers and
Honigman) (Hertz, Howard) (Entered: March 20, 2008)
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| March 21, 2008 |
30
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NOTICE of hearing on 26 MOTION for New Trial Date. Resolved/Unresolved Issues due by 4/1/2008, Motion Hearing set for 4/3/2008 02:00 PM before Honorable Donald A Scheer. (MLan) (Entered:
03/21/2008)
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| March 31, 2008 |
31
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STATEMENT of Resolved and Unresolved Issues by Eight Mile Style, LLC, Martin Affiliated, LLC (Yasso, Jay) (Entered: March 31, 2008)
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| April 3, 2008 |
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Minute Entry -Motion Hearing held on 4/3/2008 re 26 MOTION for New Trial
Date filed by Eight Mile Style, LLC, Martin Affiliated, LLC before Magistrate Judge Donald A Scheer. Disposition: Motion Granted. (Tape #DAS 4/3/08) (MLan) (Entered: April 3, 2008)
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| April 14, 2008 |
32
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ORDER RESCHEDULING FINAL PRETRIAL/SETTLEMENT CONFERENCE AND TRIAL DATES: (Final Pretrial Conference set for 10/16/2008 09:30 AM before District Judge Anna Diggs
Taylor, Settlement Conference set for 10/16/2008 09:30 AM before District Judge Anna Diggs Taylor, Bench Trial set for
11/10/2008 09:00 AM before District Judge Anna Diggs Taylor) Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: April 14, 2008)
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| April 29, 2008 |
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STIPULATION AND ORDER TO AMEND THE SCHEDULING ORDER: Discovery due by 6/2/2008, Dispositive Motion Cut-off set for
8/4/2008. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: April 29, 2008)
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| May 2, 2008 |
33
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MOTION to Compel Discovery by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, #
2 Exhibit A - Apple's Responses and Objections to Plaintiffs' First Set of Interrogatories, # 3 Exhibit B - Apple Inc's Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents, # 4 Exhibit C - Aftermath Records' Responses and objections to Plaintiffs' First Set of Interrogatories, # 5 Exhibit D - Aftermath Records' Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents) (Hertz,
Howard) (Entered: May 2, 2008)
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| May 5, 2008 |
34
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MOTION for Summary Judgment by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of
Exhibits, # 2 Exhibit Exhibit 1 Plaintiff Eight Mile ?Style, LLC's Responses to Defendants' First Set of Interrogatories and
Schedule 1 dated March 21, 2008, # 3 Exhibit Exhibit 2 - Plaintiff Martin Affiliated LLC's Responses to Defendants' First Set
of Interrogatories and Schedule 1 dated March 21, 2008, # 4 Exhibit Exhibit 3 - Plaintiffs' Opposition to Motion to Transfer
Venue Filed on October 9, 2007, # 5 Exhibit Excerpts from Sidney Shemel & M. William Krasilovksy, This Business of Mucic
(5th Ed. 1985), # 6 Exhibit Exhibit 5 - Excerpts from Donald S. Passman, All You Need to Know About the Music Business (6th
Ec. 2006), # 7 Exhibit Exhibit 6 - Reinhardt v. Wal-Mart Stores, Inc., No 07 Civ. 8233 (SAS), 2008 WL 1781232 (S.D.N.Y. Apr.
18, 2008), # 8 Exhibit Exhibit 7 - First Amended Complaint filed in F.B.T. Productions, LLC and Em2M, LLC v. Aftermath Records
et al., Case No. CV-07-03314 PSG (C.D. Cal.), # 9 Exhibit Exhibit 8, In the Matter of Mechanical and Digital Phonorecord
Delivery Rate Adjustment Proceeding, Docket No. RF 2006-1 (Oct. 16, 2006) ("Copyright Office Decision"), # 10 Exhibit Exhibit
9 - Declaration of Rand Hoffman in Support of Defendants' Motion for Summary Judgment, Including Exhibits A through D (FILED UNDER SEAL), # 11 Exhibit Exhibit 10 - Declaration of Wenchan Wang in Support of Defendants' Motion for Summary Judgment, Including Exhibits E
through G (FILED UNDER SEAL)) (Quick, Daniel) (Entered: May 5, 2008)
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| May 7, 2008 |
35
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STIPULATED PROTECTIVE ORDER. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: May 7, 2008)
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| May 9, 2008 |
36
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ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 33 MOTION to Compel
Discovery filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: May 9, 2008)
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| May 9, 2008 |
37
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NOTICE of hearing on 33 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 5/30/2008. Motion Hearing set for 6/3/2008 02:00 PM before Magistrate Judge Donald A Scheer. (MLan)
(Entered: May 9, 2008)
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| May 9, 2008 |
38
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MOTION to Bifurcate Damages Discovery and Trial by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, Plaintiff's First Set of Requests for Production of
Documents dated February 12, 2008, # 3 Exhibit Exhibit 2, Plaintiff Eight
Mile Style, LLC's Responses to the Defendants' First Set of Requests for Production of Documents dated March 21, 2008, # 4 Exhibit Exhibit 3, Plaintiff Martin Affiliated, LLC's Responses to Defendants'
First Requests for Production of Documents dated March 21, 2008, # 5
Exhibit Plaintiff Eight Mile Style, LLC's Responses to Defendants' First Set of Interrogatories and Schedule 1 dated March 21, 2008, # 6 Exhibit Plaintiff Martin Affiliated, LLC's Responses to Defendants' First Set
of Interrogatories and Schedule 1 dated March 21, 2008, # 7 Exhibit
Exhibit 6, Declaration of Kimberly Encinas, # 8 Exhibit Exhibit 7,
Declaration of Charles Ciongoli) (Quick, Daniel) (Entered: May 9, 2008)
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