EMI April Music, Inc. et al v. Electronic Arts, Inc.

Plaintiffs EMI April Music Inc., EMI Blackwood Music Inc., EMI Unart Catalog Inc. and EMI Virgin Songs, Inc. alleged that defendant Electronic Arts Inc. infringed on plaintiffs' rights in numerous musical compositions by incorporating them in EA Madden 2004, EA NHL 2004, EA NASCAR Thunder 2004, EA Tiger Woods PGA Tour 2004, EA NBA Live 2004, EA MVP Baseball 2004 and EA Fight Night 2004.
Plaintiffs:EMI April Music, Inc., EMI Blackwood Music, Inc., EMI Unart Catalog, Inc. and EMI Virgin Songs, Inc.
Defendants:Electronic Arts, Inc.
 
Case Number:1:2004cv03065
Filed:April 21, 2004
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:NewYork
 
Nature of Suit:Intellectual Property - Copyrights
Cause:17:101 Copyright Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Date Filed

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Docket Text

April 21, 2004 1 COMPLAINT against Electronic Arts, Inc.. (Filing Fee $ 150.00, Receipt Number 506420)Document filed by EMI April Music, Inc., EMI Blackwood Music, Inc., EMI Unart Catalog, Inc., EMI Virgin Songs, Inc..(gf, ) Additional attachment(s) added on 4/22/2004 (gf, ). Additional attachment(s) added on 4/22/2004 (gf, ). (Entered: April 22, 2004)
April 21, 2004   SUMMONS ISSUED as to Electronic Arts, Inc.. (gf, ) (Entered: April 22, 2004)
April 21, 2004 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by EMI April Music, Inc., EMI Blackwood Music, Inc., EMI Unart Catalog, Inc., EMI Virgin Songs, Inc..(gf, ) Additional attachment(s) added on 4/22/2004 (gf, ). (Entered: April 22, 2004)
April 21, 2004   Magistrate Judge Theodore H. Katz is so designated. (gf, ) (Entered: April 22, 2004)
April 21, 2004   Case Designated ECF. (gf, ) (Entered: April 22, 2004)
April 26, 2004 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. Electronic Arts, Inc. served on 4/21/2004, answer due 5/11/2004. Service was accepted by African American female, approx. 5'8 and 150 lbs., a person of suitable age and discretion, who identified herself only as "Sharice". Document filed by EMI April Music, Inc. ; EMI Blackwood Music, Inc. ; EMI Unart Catalog, Inc. ; EMI Virgin Songs, Inc.. (Clarick, Gregory) (Entered: April 26, 2004)
April 27, 2004   ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) affidavit of service by Manatt, Phelps, etal., was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu) (Entered: April 27, 2004)
May 24, 2004 4 STIPULATION AND ORDER. Defendant's time to answer the plaintiffs' complaint in this action is extended by 30 days. Accordingly, defendant will file its answer to plaintiff's complaint on or before 6/10/04. Defendant acknowledges that it will not file any dispositive motion in lieu of an answer (Signed by Judge Loretta A. Preska on 5/20/04) (yv, ) (Entered: May 24, 2004)
June 2, 2004 5 AMENDED COMPLAINT amending 1 Complaint, against Electronic Arts, Inc. Document filed by EMI April Music, Inc., EMI Blackwood Music, Inc., EMI Unart Catalog, Inc., EMI Virgin Songs, Inc. Related document: 1 Complaint, filed by EMI Blackwood Music, Inc., EMI April Music, Inc., EMI Virgin Songs, Inc., EMI Unart Catalog, Inc.(yv, ) (Entered: June 3, 2004)
June 2, 2004   Set Answer Due Date re: 5 Amended Complaint, as to Electronic Arts, Inc. answer due on 6/14/2004. (yv, ) (Entered: June 3, 2004)
June 3, 2004 6 AFFIDAVIT OF SERVICE of Amended Complaint served on Dale M. Cendali, Esq. of O'Melveny & Myers LLP, attorneys for defendant, Electronic Arts Inc. on 06/02/2004. Service was accepted by left with "Randy" at messenger center of 7 Times Square which is where O'Melveny & Myers LLP is located. Document filed by EMI April Music, Inc., EMI Blackwood Music, Inc., EMI Unart Catalog, Inc., EMI Virgin Songs, Inc.. (Youn, Monica) (Entered: June 3, 2004)
June 25, 2004 7 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Electronic Arts, Inc..(Schmitt, Johanna) (Entered: June 25, 2004)
June 25, 2004 8 ANSWER to Amended Complaint. Document filed by Electronic Arts, Inc.. Related document: 5 Amended Complaint, filed by EMI Blackwood Music, Inc., EMI April Music, Inc., EMI Virgin Songs, Inc., EMI Unart Catalog, Inc..(Schmitt, Johanna) (Entered: June 25, 2004)
June 29, 2004 9 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/27/2004 10:30 AM before Judge Loretta A. Preska in Courtroom 12A at the U.S. Courthouse, 500 Pearl Street. (Signed by Judge Loretta A. Preska on 6/28/04) (db, ) (Entered: June 30, 2004)
July 19, 2004 10 ENDORSED LETTER addressed to Judge Preska from Dale Cendali dated 7/13/04 re: request to reschedule the initial pre-trial conference. Application granted. Initial Conference set for 7/22/2004 at 09:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 7/15/04) (yv, ) (Entered: July 19, 2004)
July 22, 2004 11 ENDORSED LETTER addressed to Judge Preska from Gregory A. Clarick dated 7/21/04 re: request that the Court adjourn the initial pretrial conference. The 7/22 conference is adjourned to 9/8/2004 at 09:00 AM. Counsel are reminded that adjournments should be sought in a timely manner so that the time slot is not wasted. (Signed by Judge Loretta A. Preska on 7/21/04) (yv, ) (Entered: July 22, 2004)
September 14, 2004 12 ENDORSED LETTER addressed to Judge Preska from Dale Cendali dated 8/16/04 re: request that the Court bifurcate the liability and damages phases of this litigation, including discovery. Plaintiff shall respond by letter (faxed to the Court) no later than 9/7 at 3:00 p.m. (Signed by Judge Loretta A. Preska on 8/27/04) (yv, ) (Entered: September 14, 2004)
June 27, 2005 13 JUDGMENT #05,1253 ON OFFER AND ACCEPTANCE in favor of plaintiffs against Electronic Arts, Inc. in the amount of $ 115,000.00. (Signed by Judge Loretta A. Preska on 6/21/05) (ml, ) (Entered: 06/30/2005)
Docket Report Last Checked: November 29, 2007 15:59:22 PST
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Plaintiff: EMI April Music, Inc.
Represented By: L. Peter Parcher, Gregory A. Clarick, Monica Y. Youn
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Plaintiff: EMI Blackwood Music, Inc.
Represented By: Gregory A. Clarick, L. Peter Parcher, Monica Y. Youn
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Plaintiff: EMI Unart Catalog, Inc.
Represented By: Gregory A. Clarick, L. Peter Parcher, Monica Y. Youn
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Plaintiff: EMI Virgin Songs, Inc.
Represented By: Monica Y. Youn, Gregory A. Clarick, L. Peter Parcher
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Defendant: Electronic Arts, Inc.
Represented By: Johanna Schmitt
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