Plaintiff Richard Reinhardt (p/k/a Richie Ramone) alleges that Defendants Wal-Mart Stores, Inc., Apple, Inc., RealNetworks, Inc., Taco Tunes, Inc., Ramones Productions, Inc., Estate of John Cummings, Herzog & Strauss and Ira Herzog infringed on Plaintiff's copyright to six songs he authored while a member of The Ramones. Plaintiff alleges that he never licensed or authorized the use of his compositions in any digital formats.
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Date Filed
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Docket Text
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| September 21, 2007 |
1
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COMPLAINT against Estate of John Cummings, Herzog & Strauss, Ira Herzog, Wal-mart Stores, Inc., Apple, Inc., RealNetworks, Inc., Taco Tunes, Inc., Ramones Productions, Inc.. (Filing
Fee $ 350.00, Receipt Number 627724)Document filed by Richard Reinhardt.(mbe) (Entered: September 24, 2007)
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| September 21, 2007 |
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SUMMONS ISSUED as to Estate of John Cummings, Herzog & Strauss, Ira Herzog, Wal-mart Stores, Inc., Apple, Inc., RealNetworks, Inc., Taco Tunes, Inc., Ramones Productions, Inc.. (mbe)
(Entered: September 24, 2007)
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| September 21, 2007 |
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Magistrate Judge Gabriel W. Gorenstein is so designated. (mbe) (Entered: September 24, 2007)
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| September 21, 2007 |
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Case Designated ECF. (mbe) (Entered: September 24, 2007)
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| October 18, 2007 |
2
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ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/20/2007 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed
by Judge Shira A. Scheindlin on 10/17/2007) (jar) (Entered: October 18, 2007)
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| November 1, 2007 |
3
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ORDER: Counsel are directed to appear at the United States Couthouse, 500 Pearl Street, New York, Courtroom 15C, on November 27 at 4:00 p.m., for the initial pretrial conference. So
Ordered. (Signed by Judge Shira A. Scheindlin on 11/1/07) (js) (Entered: November 2, 2007)
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| January 9, 2008 |
4
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AMENDED COMPLAINT amending 1 Complaint against Estate of John Cummings, Herzog & Strauss, Ira Herzog, Wal-mart Stores, Inc., Apple, Inc., RealNetworks, Inc., Taco Tunes, Inc., Ramones
Productions, Inc. Document filed by Richard Reinhardt. Related document: 1 Complaint filed by Richard Reinhardt.(db) (db). (Entered: January 14, 2008)
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| January 9, 2008 |
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeff Sanders for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and
Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 4 Amended Complaint to: case_openings@nysd.uscourts.gov. (db) (Entered: January 14, 2008)
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| January 18, 2008 |
5
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FIRST MOTION to Dismiss the Complaint. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Ramones Productions, Inc.. Responses due by 2/19/2008(Levy,
Stewart) (Entered: January 18, 2008)
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| January 18, 2008 |
6
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AFFIDAVIT of Stewart L. Levy in Support re: 5 FIRST MOTION to Dismiss the
Complaint.. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions, Inc.. (Attachments: # 1 Exhibit Exhibits A through C, # 2 Exhibit Exhibits D through E, #
3 Exhibit Exhibit F)(Levy, Stewart) (Entered: January 18, 2008)
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| January 18, 2008 |
7
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MEMORANDUM OF LAW in Support re: 5 FIRST MOTION to Dismiss the
Complaint.. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions, Inc.. (Levy, Stewart) (Entered: January 18, 2008)
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| January 22, 2008 |
8
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JOINDER to join re: 5 FIRST MOTION to Dismiss the Complaint.. Document
filed by Wal-mart Stores, Inc., Apple, Inc., RealNetworks, Inc..(Arato, Cynthia) (Entered: January 22, 2008)
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| February 19, 2008 |
9
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MEMORANDUM OF LAW in Opposition re: 5 FIRST MOTION to Dismiss the
Complaint.. Document filed by Richard Reinhardt. (Sanders, Jeff) (Entered: February 19, 2008)
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| February 20, 2008 |
10
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MEMORANDUM OF LAW in Opposition re: 5 FIRST MOTION to Dismiss the
Complaint. CORRECTED TABLE OF AUTHORITIES. Document filed by Richard Reinhardt. (Sanders, Jeff) (Entered: February 20, 2008)
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| March 5, 2008 |
11
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FIRST REPLY MEMORANDUM OF LAW in Support re: 5 FIRST MOTION to Dismiss the
Complaint.. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions, Inc.. (Levy, Stewart) (Entered: March 5, 2008)
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| April 18, 2008 |
12
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OPINION AND ORDER #95993 granting re: 5 FIRST MOTION to Dismiss the Complaint,
filed by Ira Herzog, Ramones Productions, Inc., Herzog & Strauss, Estate of John Cummings. The Clerk of the Court is directed to close this motion (No. 5 on the docket) and this case.
(Signed by Judge Shira A. Sheindlin on 4/18/08) Copies sent by chambers.(cd). (Entered: April 18, 2008)
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| April 18, 2008 |
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Transmission to Judgments and Orders Clerk. Transmitted re: 12 Memorandum &
Opinion, to the Judgments and Orders Clerk. (cd) (Entered: April 18, 2008)
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| April 18, 2008 |
13
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CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 18, 2008, defendants motion to dismiss is granted; accordingly, the case is closed. (Signed by J.
Michael McMahon, clerk on 4/18/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: April 18, 2008)
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| May 2, 2008 |
14
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MOTION for Attorney Fees Pursuant to 17 U.S.C. Section 505. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions,
Inc..(Levy, Stewart) (Entered: May 2, 2008)
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| May 2, 2008 |
15
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DECLARATION of Stewart L. Levy in Support re: 14 MOTION for Attorney Fees
Pursuant to 17 U.S.C. Section 505.. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions, Inc.. (Levy, Stewart)
(Entered: May 2, 2008)
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| May 2, 2008 |
16
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MEMORANDUM OF LAW in Support re: 14 MOTION for Attorney Fees Pursuant to 17
U.S.C. Section 505.. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions, Inc.. (Levy, Stewart) (Entered: May 2, 2008)
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| May 2, 2008 |
17
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JOINDER to join re: 14 MOTION for Attorney Fees Pursuant to 17 U.S.C.
Section 505.. Document filed by Wal-mart Stores, Inc., RealNetworks, Inc.. (Attachments: # 1 Declaration of Cynthia S.
Arato in Support of Joinder of Defendants Wal-Mart Stores, Inc. and Real Networks, Inc. to Defendants' Application for Attorneys' Fees Pursuant to 17 USC 505, # 2 Exhibit A to the Arato Declaration in Support, # 3 Certificate of
Service)(Arato, Cynthia) (Entered: May 2, 2008)
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| May 9, 2008 |
18
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NOTICE OF APPEAL from 13 Clerk's Judgment, 12 Memorandum & Opinion. Document filed by Richard Reinhardt. Filing fee $ 455.00,
receipt number E 650291. (tp) (Entered: May 12, 2008)
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| May 12, 2008 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 18 Notice of Appeal. (tp) (Entered: May 12, 2008)
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| May 12, 2008 |
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Transmission of Notice of Appeal to the District Judge re: 18 Notice of Appeal.
(tp) (Entered: May 12, 2008)
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| May 12, 2008 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 4 Amended Complaint, filed by Richard Reinhardt, 2 Order for Initial Pretrial Conference, 5 FIRST MOTION to Dismiss the Complaint. filed by Ira Herzog, Ramones
Productions, Inc., Herzog & Strauss, Estate of John Cummings, 16 Memorandum
of Law in Support of Motion filed by Ira Herzog, Ramones Productions, Inc., Herzog & Strauss, Estate of John Cummings, Taco Tunes, Inc., 10 Memorandum of Law in Opposition to Motion filed by Richard Reinhardt, 6 Affidavit in Support of Motion, filed by Ira Herzog, Ramones Productions, Inc., Herzog
& Strauss, Estate of John Cummings, Taco Tunes, Inc., 7 Memorandum of Law in
Support of Motion filed by Ira Herzog, Ramones Productions, Inc., Herzog & Strauss, Estate of John Cummings, Taco Tunes, Inc., 13 Clerk's Judgment, 8 Joinder filed by Apple, Inc., Wal-mart Stores, Inc., RealNetworks, Inc., 3 Order for Initial Pretrial Conference, 14 MOTION for Attorney Fees Pursuant to 17 U.S.C. Section 505. filed by Ira
Herzog, Ramones Productions, Inc., Herzog & Strauss, Estate of John Cummings, Taco Tunes, Inc., 17 Joinder, filed by Wal-mart Stores, Inc., RealNetworks, Inc., 11 Reply Memorandum of Law in Support of Motion filed by Ira Herzog, Ramones
Productions, Inc., Herzog & Strauss, Estate of John Cummings, Taco Tunes, Inc., 15 Declaration in Support of Motion, filed by Ira Herzog, Ramones Productions, Inc.,
Herzog & Strauss, Estate of John Cummings, Taco Tunes, Inc., 9 Memorandum of
Law in Opposition to Motion filed by Richard Reinhardt, 12 Memorandum &
Opinion, 18 Notice of Appeal filed by Richard Reinhardt were transmitted to the
U.S. Court of Appeals. (tp) (Entered: May 12, 2008)
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| May 28, 2008 |
19
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FIRST MEMORANDUM OF LAW in Opposition re: 14 MOTION for Attorney Fees
Pursuant to 17 U.S.C. Section 505.. Document filed by Richard Reinhardt. (Sanders, Jeff) (Entered: May 28, 2008)
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| June 6, 2008 |
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REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Attorney Fees Pursuant
to 17 U.S.C. Section 505.. Document filed by Estate of John Cummings, Herzog & Strauss, Ira Herzog, Taco Tunes, Inc., Ramones Productions, Inc.. (Levy, Stewart) (Entered:
06/06/2008)
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| June 6, 2008 |
21
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DECLARATION of Cynthia S. Arato in Support re: 14 MOTION for Attorney Fees
Pursuant to 17 U.S.C. Section 505.. Document filed by Wal-mart Stores, Inc., RealNetworks, Inc.. (Attachments: # 1
Exhibit A)(Arato, Cynthia) (Entered: June 6, 2008)
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| July 10, 2008 |
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MEMORANDUM OPINION AND ORDER #96236 re: 14 MOTION for Attorney Fees Pursuant to
17 U.S.C. Section 505, denying and the parties shall bear their own costs. The Clerk of the Court is directed to close the motion (document no. 14) (Signed by Judge Shira A. Scheindlin on
7/10/08) (cd) (Entered: July 10, 2008)
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