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Date Filed
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#
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Docket Text
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| November 9, 2007 |
1
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COMPLAINT against MP3TUNES, LLC, Michael Robertson. (Filing Fee $ 350.00, Receipt Number 632338)Document filed by Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music
Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Music
Inc., EMI Virgin Songs, Inc., Michael Robertson, Caroline Records, Inc., EMI Christian Music Group, Inc., Priority Records LLC. (Attachments: # 1 # 2 # 3)(jpo) (Entered: November 14, 2007)
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| November 9, 2007 |
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SUMMONS ISSUED as to MP3TUNES, LLC, Michael Robertson. (jpo) (Entered: November 14, 2007)
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| November 9, 2007 |
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Magistrate Judge Frank Maas is so designated. (jpo) (Entered: November 14, 2007)
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| November 9, 2007 |
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Case Designated ECF. (jpo) (Entered: November 14, 2007)
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| November 9, 2007 |
2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Caroline Records, Inc. ; EMI Christian Music Group, Inc. ; Priority Records LLC ; Virgin Records America, Inc. ; Beechwood Music
Corp.; Colgems-EMI Music Inc. ; EMI April Music Inc. ; EMI Blackwood Music ; EMI Full Keel Music ; EMI Golden Torch Music Corp. ; EMI Longtitude Music ; EMI Virgin Music, Inc. ; EMI
Virgin Songs, Inc. as Corporate Parent. Document filed by Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full
Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Music Inc., EMI Virgin Songs, Inc., Caroline Records, Inc., EMI
Christian Music Group, Inc., Priority Records LLC.(jpo) (Entered: November 14, 2007)
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| November 16, 2007 |
3
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AFFIDAVIT OF SERVICE of Summons and Complaint,,. MP3TUNES, LLC served on 11/9/2007, answer due 11/29/2007. Service was accepted by Emily Richards, President of MP3Tunes, LLC. Document
filed by Virgin Records America, Inc.; Beechwood Music Corp.; Colgems-EMI Music Inc.; EMI April Music Inc.; EMI Blackwood Music; EMI Full Keel Music; EMI Golden Torch Music Corp.; Capitol
Records, Inc.; EMI Longtitude Music; EMI Virgin Music, Inc.; EMI Virgin Songs, Inc.; Caroline Records, Inc.; EMI Christian Music Group, Inc.; Priority Records LLC. (Bart, Andrew)
(Entered: November 16, 2007)
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| November 16, 2007 |
4
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AFFIDAVIT OF SERVICE of Summons and Complaint,,. Michael Robertson served on 11/13/2007, answer due 12/3/2007. Service was accepted by Michael Robertson. Document filed by Virgin Records
America, Inc.; Beechwood Music Corp.; Colgems-EMI Music Inc.; EMI April Music Inc.; EMI Blackwood Music; EMI Full Keel Music; EMI Golden Torch Music Corp.; Capitol Records, Inc.; EMI
Longtitude Music; EMI Virgin Music, Inc.; EMI Virgin Songs, Inc.; Caroline Records, Inc.; EMI Christian Music Group, Inc.; Priority Records LLC. (Bart, Andrew) (Entered: November 16, 2007)
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| November 21, 2007 |
5
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MOTION for Brian Hauck to Appear Pro Hac Vice for plaintiffs. Document filed by Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI
Blackwood Music, EMI Full Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Songs, Inc., Caroline Records, Inc.,
EMI Christian Music Group, Inc., Priority Records LLC. Proposed Order attached.(db) (Entered: November 27, 2007)
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| November 21, 2007 |
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CASHIERS OFFICE REMARK on 5 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 11/21/07, Receipt Number 634168.
(db) (Entered: November 27, 2007)
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| November 27, 2007 |
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CASHIERS OFFICE REMARK on 5 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 11/21/2007, Receipt Number 634168.
(jd) (Entered: November 27, 2007)
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| December 3, 2007 |
6
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ENDORSED LETTER addressed to Judge William H. Pauley from Gregory P. Gulia dated 11/21/2007 re: We request the deadline to answer otherwise respond to the complaint in the action pending
before this Court be extended through and until January 2007. ENDORSEMENT: Application Granted. SO ORDERED. The parties are directed to appear for a conference December 4, 2007 at 11:00
a.m. The Court will resolve the matter at the conference. The time to respond to the pleading will be decided at the conference. (Signed by Judge William H. Pauley, III on 11/30/2007)
(jmi) (Entered: December 3, 2007)
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| December 3, 2007 |
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Set/Reset Hearings: Status Conference set for 12/4/2007 at 11:00 AM before Judge William H. Pauley III. (jmi) (Entered: December 3, 2007)
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| December 4, 2007 |
7
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ORDER granting 5 Motion for Brian Hauck to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 11/3/2007) (jmi)
(Entered: December 4, 2007)
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| December 4, 2007 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 7 Order on Motion to Appear Pro Hac Vice, to the Attorney
Admissions Clerk for updating of Attorney Information. (jmi) (Entered: December 4, 2007)
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| December 5, 2007 |
8
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ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/20/2007 at 04:30 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed
by Judge William H. Pauley, III on 12/4/2007) Copies Mailed By Chambers.(jmi) (Entered: December 5, 2007)
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| December 5, 2007 |
9
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ORDER Defendants' application to extend the time to answer is granted. The time to answer and a discovery schedule will be set at initial pre-trial conference on December 20, 2007 at 4:30
p.m. The parties are directed to meet and confer in preparation for the conference, at which time Defendants shall inform Plaintiffs if they intend to file a motion to dismiss. SO
ORDERED.( Initial Pretrial Conference set for 12/20/2007 at 04:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/5/2007) (jmi) (Entered: December 5, 2007)
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| December 26, 2007 |
10
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SCHEDULING ORDER NO. 1: Defendants shall file and serve their Motion to Dismiss due by 2/15/2008. Responses due by 3/14/2008. Replies due by 3/25/2008. Oral Argument set for 4/18/2008 at
10:15 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 12/20/07) (tro) (Entered: December 26, 2007)
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| January 15, 2008 |
11
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TRANSCRIPT of proceedings held on 12/4/07 before Judge William H. Pauley, III. (ja) (Entered: January 22, 2008)
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| January 31, 2008 |
12
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MOTION for Edward Maurice Cramp to Appear Pro Hac Vice on behalf of Defendants. Document filed by MP3TUNES, LLC, Michael Robertson.(ae) (Entered: February 5, 2008)
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| January 31, 2008 |
13
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MOTION for Michelle Ann Hon to Appear Pro Hac Vice. Document filed by MP3TUNES, LLC, Michael Robertson.(jco) (Entered: February 7, 2008)
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| February 8, 2008 |
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CASHIERS OFFICE REMARK on 13 Motion to Appear Pro Hac Vice, 12
Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 01/31/2008, Receipt Number 640184. (jd) (Entered: February 8, 2008)
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| February 14, 2008 |
14
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ORDER granting 13 Motion for Michelle Ann Hon, Esq. to Appear Pro Hac Vice as to Defendants. (Signed by Judge William H.
Pauley, III on 2/12/08) (ae) (Entered: February 14, 2008)
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| February 14, 2008 |
15
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ENDORSED LETTER addressed to Judge William H. Pauley III from Gregory P. Gulia dated 2/5/08 re: Defendants MP3tunes and Michael Roberts request that the Court enter an order extending the
time for them to file their motion to dismiss until 14 days after the S.D.C.A. rules on the motion to dismiss currently pending there. ENDORSEMENT: The Court will hold a conference on
2/15/08 at 10:30 a.m. ( Pretrial Conference set for 2/15/2008 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/14/08) (ae) (Entered:
02/14/2008)
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| February 14, 2008 |
16
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ORDER granting 12 Motion for Edward Maurice Cramp to Appear Pro Hac Vice for Defendants. (Signed by Judge William H. Pauley,
III on 2/12/08) (ae) (Entered: February 14, 2008)
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| February 15, 2008 |
17
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STIPULATED PROTECTIVE ORDER; regarding procedures to be followed that shall govern the handling of confidential information. (Signed by Judge William H. Pauley, III on 2/13/08) (pl)
(Entered: February 15, 2008)
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| February 19, 2008 |
18
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SCHEDULING ORDER No. 2: Motions due by 2/22/2008. Responses due by 3/21/2008 Replies due by 4/1/2008. Oral Argument set for 5/2/2008 at 11:00 AM before Judge William H. Pauley III.
(Signed by Judge William H. Pauley, III on 2/15/08) (js) (Entered: February 19, 2008)
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| February 20, 2008 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 16 Order on Motion to Appear Pro Hac Vice, 14 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (ae) (Entered:
02/20/2008)
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| February 22, 2008 |
19
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MOTION to Dismiss or Transfer. Document filed by MP3TUNES, LLC, Michael Robertson.(Gulia, Gregory) (Entered: February 22, 2008)
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| February 23, 2008 |
20
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MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC, Michael Robertson.
(Gulia, Gregory) (Entered: February 23, 2008)
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| February 23, 2008 |
21
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DECLARATION of Michael Robertson in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC,
Michael Robertson. (Gulia, Gregory) (Entered: February 23, 2008)
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| February 23, 2008 |
22
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DECLARATION of Michelle Hon in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC, Michael
Robertson. (Gulia, Gregory) (Entered: February 23, 2008)
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| March 7, 2008 |
23
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MP3TUNES, LLC, Michael Robertson. (Attachments: # 1 Certificate of Service)(Gulia, Gregory) (Entered: March 7, 2008)
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| March 18, 2008 |
24
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SCHEDULING ORDER NO. 3: Counsel for the parties having informed the Court of certain discovery disputes in this case, this Court will hold a conference on 3/19/2008 at 03:00 PM before
Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/13/08) (tro) (Entered: March 19, 2008)
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| March 23, 2008 |
25
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SCHEDULING ORDER NO. 4: Defendants are directed to provide the names and addresses of officers, directors, and owners of the entities listed in Defendants' Amended Response to Plaintiffs'
Interrogatory Request No. 1, to the extent they have such information. Defendants are directed to produce documents responsive to Plaintiffs' Document Request Nos. 1, 15, and 17.
Defendant are directed to produce documents related to Michael Robertson's role in the creation of MP3tunes' business plan and technical structure and design of its websites. Plaintiffs
may attempt to extract documents and/or information from Defendants' computer system that is responsive to Plaintiffs' Documents Request No. 7, unless it is disruptive to Defendants'
business. Plaintiff shall file and serve their opposition to the motion to dismiss by 4/18/2008. Defendants shall file and serve their reply on the motion by 5/2/2008. This Court will
hold Oral Argument on 5/23/2008 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/21/08) (tro) (Entered: March 24, 2008)
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| April 14, 2008 |
26
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ENDORSED LETTER addressed to Judge William H. Pauley from Edward M. Cramp and Andrew H. Bart dated 4/3/08 re: Pursuant to Local Rule 37.2, the parties request the Court's guidance in
resolving the deposition dispute. ENDORSEMENT: The Court will hold a telephone conference on 4/7/08 at 6:15 p.m. SO ORDERED., ( Telephone Conference set for 4/7/2008 at 06:15 PM before
Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/14/08) (db) (Entered: April 15, 2008)
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| April 18, 2008 |
27
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NOTICE of of Change in Party's Name. Document filed by Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full
Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Songs, Inc., Caroline Records, Inc., EMI Christian Music Group,
Inc., Priority Records LLC. (Bart, Andrew) (Entered: April 18, 2008)
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| April 18, 2008 |
28
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MEMORANDUM OF LAW in Opposition re: 19 MOTION to Dismiss or Transfer.. Document filed by Virgin Records America, Inc.,
Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music,
EMI Virgin Music, Inc., EMI Virgin Songs, Inc., Caroline Records, Inc., EMI Christian Music Group, Inc., Priority Records LLC. (Bart, Andrew) (Entered: April 18, 2008)
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| April 18, 2008 |
29
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DECLARATION of Andrew H. Bart in Opposition re: 19 MOTION to Dismiss or Transfer.. Document filed by Virgin Records
America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI
Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Songs, Inc., Caroline Records, Inc., EMI Christian Music Group, Inc., Priority Records LLC. (Attachments: # 1 Exhibit 1 - 12, # 2 Exhibit 13 - 19, # 3 Exhibit 20 - 21, # 4 Exhibit 22, # 5 Exhibit 23 - 24, # 6 Exhibit 25 - 32, # 7 Exhibit Certificate of Service)(Bart, Andrew) (Entered: April 18, 2008)
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| May 1, 2008 |
35
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery
Dispute and Social Security. Referred to Magistrate Judge Frank Maas. (Signed by Judge William H. Pauley, III on 4/25/08) (ae) (Entered: May 5, 2008)
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| May 2, 2008 |
31
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DECLARATION of Michelle A. Hon in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC,
Michael Robertson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, #
3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gulia, Gregory) (Entered: May 2, 2008)
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| May 2, 2008 |
32
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DECLARATION of Emily Richards in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC,
Michael Robertson. (Gulia, Gregory) (Entered: May 2, 2008)
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| May 2, 2008 |
33
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REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC, Michael
Robertson. (Gulia, Gregory) (Entered: May 2, 2008)
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| May 2, 2008 |
34
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DECLARATION of Michael Robertson in Support re: 19 MOTION to Dismiss or Transfer.. Document filed by MP3TUNES, LLC,
Michael Robertson. (Gulia, Gregory) (Entered: May 2, 2008)
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| May 13, 2008 |
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Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery conference held on 5/13/2008. (cd) (Entered: June 9, 2008)
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| May 15, 2008 |
39
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ORDER, Pursuant to the conference held earlier today, it is hereby ORDERED that within ten days, MP3TUNES shall create a complete copy of (a) its Subversion source code repository and (b)
any other non-third-party source code on its servers, which copy shall be securely maintained at the offices of Duane Morris L.L.P. pending the completion of jurisdictional discovery.
This ruling is without prejudice to plaintiffs' right to make an application to Judge Pauley regarding further jurisdictional discovery. (Signed by Magistrate Judge Frank Maas on 5/13/08)
Copies Mailed By Chambers.(mme) (Entered: May 15, 2008)
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| May 19, 2008 |
40
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ENDORSED LETTER addressed to Judge William H. Pauley from Edward M. Cramp dated 5/2/2008 re: : Requesting a pre-motion conference to obtain leave to file a Motion to strike. ENDORSEMENT:
Application denied. The Court will address the application at the oral argument on May 23, 2008 (Signed by Judge William H. Pauley, III on 5/19/2008) (jpo) (Entered: May 20, 2008)
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| May 20, 2008 |
41
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ENDORSED LETTER addressed to Judge William H. Pauley from Michelle A. Hon dated 5/16/2008 re: Requesting that the Court reschedule the hearing on MP3tunes' motion to dismiss currently
calendared for May 23, 2008. ENDORSEMENT: Application granted. The oral argument is adjourned to May 30, 2008 at 12:00 p.m. (Signed by Judge William H. Pauley, III on 5/19/2008) (jpo)
(Entered: May 21, 2008)
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| May 27, 2008 |
42
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NOTICE OF CHANGE OF ADDRESS by Brian Hauck on behalf of Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full
Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Songs, Inc., Caroline Records, Inc., EMI Christian Music Group,
Inc., Priority Records LLC. New Address: JENNER & BLOCK LLP, 1099 New York Avenue, NW, Suite 900, Washington, DC, 20001 202-639-6000. (Hauck, Brian) (Entered: May 27, 2008)
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| July 7, 2008 |
43
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TRANSCRIPT of proceedings held on 6/03/08 before Judge William H. Pauley, III. (ama) (Entered: July 7, 2008)
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| July 7, 2008 |
44
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TRANSCRIPT of proceedings held on 6/03/08 before Judge William H. Pauley, III. (ama) (Entered: July 7, 2008)
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| August 12, 2008 |
45
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to
Magistrate Judge Frank Maas. (Signed by Judge William H. Pauley, III on 8/11/08) (js) (Entered: August 12, 2008)
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| August 12, 2008 |
46
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ENDORSED LETTER: addressed to Judge William H. Pauley from Michelle Hon dated 8/7/08 re: MP3tunes seeks leave to file a motion seeking relief from designation of Carmony's deposition
transcript as confidential. ENDORSEMENT: This matter has been referred to me by Judge Pauley. I see no need for formal briefing. Instead, Mr. Carmony is directed to send me (and all
counsel) a letter explaining why the material he has designated as confidential should be treated in that manner. Any such letter is to be sent to me by no later than August 22, 2008. If
plaintiffs counsel wishes to take a portion, its counsel should submit a letter by the same date Ms.Hon is directed is directed to serve a copy of this memo endorsement to Mr. Carmony by
e-mail and first class mail by no later than August 14, 2008. So Ordered. (Signed by Magistrate Judge Frank Maas on 8/12/08) (js) (Entered: August 13, 2008)
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| August 15, 2008 |
47
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CERTIFICATE OF SERVICE of Order August 13, 2008 served on Kevin Carmony on August 13, 2008. Service was made by Mail. Document filed by MP3TUNES, LLC, Michael Robertson. (Cramp, Edward)
(Entered: August 15, 2008)
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| September 29, 2008 |
48
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MEMORANDUM AND ORDER denying 19 Motion to Dismiss. For the foregoing reasons, Defendant Michael Robertson's motion to dismiss
is granted, and Defendant MP3tunes' motion to dismiss or to transfer the action to the Southern District of California is denied. This Court with hold a status conference on October 17,
2008 at 10:00 a.m. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/29/2008) (tve) (Entered: September 29, 2008)
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| September 29, 2008 |
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Set/Reset Hearings: Status Conference set for 10/17/2008 at 10:00 AM before Judge William H. Pauley III. (tve) (Entered: September 29, 2008)
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| September 29, 2008 |
49
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DISCOVERY ORDER: In sum, MP3's request for a pre-motion conference is denied without prejudice to its later renewal, as is its application to set aside Mr. Carmony's confidentiality
designations. (Signed by Magistrate Judge Frank Maas on 9/29/08) Copies Mailed By Chambers.(tro) (Entered: September 30, 2008)
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