Eight Mile Style, LLC et al v. Apple Computer, Incorporated

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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Plaintiffs:Eight Mile Style, LLC and Martin Affiliated, LLC
Defendants:Apple Computer, Incorporated and Aftermath Records
 
Case Number:2:2007cv13164
Filed:July 30, 2007
 
Court:Michigan Eastern District Court
Office:Detroit Office [ Court Info ]
County:Oakland
Presiding Judge: Anna Diggs Taylor
Referring Judge: Donald A Scheer
 
Nature of Suit:Intellectual Property - Copyrights
Cause:No cause code entered
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
July 30, 2007 1 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)
July 30, 2007 2 Copyright Report Sent To Washington (PPau) (Entered: July 31, 2007)
July 30, 2007 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Eight Mile Style, LLC, Martin Affiliated, LLC (PPau) (Entered: July 31, 2007)
July 31, 2007 4 FIRST AMENDED STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Eight Mile Style, LLC, Martin Affiliated, LLC (DHam) (Entered: August 1, 2007)
July 31, 2007 5 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)
August 1, 2007 6 NOTICE of Appearance by Brian D. Wassom on behalf of all plaintiffs. (Wassom, Brian) (Entered: August 1, 2007)
August 8, 2007 7 NOTICE of Appearance by Richard S. Busch on behalf of all plaintiffs. (Busch, Richard) (Entered: August 8, 2007)
September 7, 2007 8 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)
September 14, 2007 9 ANSWER to Complaint with Affirmative Defenses by all defendants. (Quick, Daniel) (Entered: September 14, 2007)
September 14, 2007 10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Apple Computer, Incorporated (Quick, Daniel) (Entered: September 14, 2007)
September 21, 2007 11 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)
September 26, 2007 12 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)
October 9, 2007 13 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)
October 17, 2007 14 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)
October 19, 2007 15 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)
October 22, 2007 16 EXHIBIT B Filed Under Seal Attached to Defendants' Reply Brief in Support of Motion to Transfer Venue (JCre) (Entered: October 23, 2007)
November 7, 2007 17 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)
November 15, 2007 18 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)
December 10, 2007 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)
December 19, 2007 19 ORDER Denying Defendants' 11 Motion to Transfer Venue. Signed by Honorable Anna Diggs Taylor. (JCur) (Entered: December 19, 2007)
January 8, 2008 20 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)
February 20, 2008 21 NOTICE of Appearance by Howard Hertz on behalf of Eight Mile Style, LLC, Martin Affiliated, LLC. (Hertz, Howard) (Entered: February 20, 2008)
February 20, 2008 22 NOTICE of Appearance by Jay G. Yasso on behalf of Eight Mile Style, LLC, Martin Affiliated, LLC. (Yasso, Jay) (Entered: February 20, 2008)
February 21, 2008 23 NOTICE of Withdrawal of Attorney Norman C. Ankers by Eight Mile Style, LLC, Martin Affiliated, LLC. (Ankers, Norman) (Entered: February 21, 2008)
February 21, 2008 24 NOTICE of Withdrawal of Attorney Brian D. Wassom by Eight Mile Style, LLC, Martin Affiliated, LLC. (Wassom, Brian) (Entered: February 21, 2008)
February 21, 2008 25 NOTICE of Withdrawal of Attorney Michael A. Lisi by Eight Mile Style, LLC, Martin Affiliated, LLC. (Lisi, Michael) (Entered: February 21, 2008)
February 26, 2008 26 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)
March 11, 2008 27 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)
March 17, 2008 28 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)
March 20, 2008 29 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)
March 21, 2008 30 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)
March 31, 2008 31 STATEMENT of Resolved and Unresolved Issues by Eight Mile Style, LLC, Martin Affiliated, LLC (Yasso, Jay) (Entered: March 31, 2008)
April 3, 2008 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)
April 14, 2008 32 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)
April 29, 2008 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)
May 2, 2008 33 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)
May 5, 2008 34 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)
May 7, 2008 35 STIPULATED PROTECTIVE ORDER. Signed by District Judge Anna Diggs Taylor. (JCur) (Entered: May 7, 2008)
May 9, 2008 36 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)
May 9, 2008 37 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)
May 9, 2008 38 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)
Docket Report Last Checked: May 11, 2008 08:49:34 PDT
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Plaintiff: Eight Mile Style, LLC
Represented By: Jay G. Yasso, Howard Hertz, Richard S. Busch
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Plaintiff: Martin Affiliated, LLC
Represented By: Jay G. Yasso, Howard Hertz, Richard S. Busch
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Defendant: Apple Computer, Incorporated
Represented By: Kelly M. Klaus, Daniel D. Quick
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Defendant: Aftermath Records
Represented By: Kelly M. Klaus, Daniel D. Quick
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