Domino Recording Company, Inc. et al v. Interscope Geffen A & M Records et al
| Domino Recording Company, Inc. and Independiente LTD |
| Interscope Geffen A & M Records, William B. Rose, Brian P. Carroll, Ron Thal, Paul Huge, Robin Fink, Bryan Mantia, Thomas E. Stinson, Darren A. Reed and Christopher Pitman |
| 1:2009cv08400 |
| October 2, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| George B. Daniels |
| Plaintiff |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 50 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Thomas P. Griesa is no longer assigned to the case. (pgu) |
| Filing 49 NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge J. Paul Oetken is no longer assigned to the case. (pgu) |
Filing 48
ORDER: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that the parties in this case shall submit a joint letter to the Court updating the Court on the status of the case no later than October 18, 2011. The status letter should address the following subjects:1. A brief statement of the nature of the case and the principal defenses thereto; 2. A statement of all existing deadlines, due dates and/or cut-off dates; 3. A brief description of any motions which have been made and decided and a confirmation that there are no pending motions and no pending appeals;4. A statement describing the status of any discovery in the case;5.A statement describing the status of any settlement discussions. It is FURTHER ORDERED that the parties appear on November 2011 at 11 :30 am in Courtroom l5D, United States District Court, 500 Pearl Street, New York, NY 10007, for a status conference. The conference previously scheduled for October 18, 2011 is hereby adjourned. Unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer. SO ORDERED.( Status Conference set for 11/2/2011 at 11:30 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 10/07/2011) (ama)
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| Filing 47 NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge George B. Daniels is no longer assigned to the case. (sjo) |
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Filing 46
REVISED SCHEDULING ORDER: Upon consent of the parties, it is hereby Ordered that the Revised Scheduling Order is hereby further revised as follows: Liability Discovery due by 10/10/2011 and Expert Discovery due by 12/26/2011. Status Conference set for 10/18/2011 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 8/9/2011) (ft)
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| Filing 45 ENDORSED LETTER addressed to Judge George B. Daniels from Andrew H. Bart dated 8/8/2011. Both counsels request an adjournment of the status conference scheduled for 8/16/2011 and an extension of the Discovery deadline. ENDORSEMENT: The conference is adjourned to October 18, 2011 at 9:30 a.m. (Status Conference set for 10/18/2011 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/9/2011) (ft) |
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Filing 44
SCHEDULING ORDER:Expert Discovery due by 10/26/2011, all liability discovery to be completed by 8/10/11. Dispositive motions on liability, if any, to be served no later than 11/23/11. Status Conference set for 8/16/2011 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/6/11) (cd)
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Filing 43
REVISED SCHEDULING ORDER: All Expert Discovery due by 8/26/2011. Dispositive motions on liability, if any, to be served no later than September 23, 2011. A status conference will be held on June 14, 2011 at 9:30 a.m. Additional relief as set forth in this Order. (Signed by Judge George B. Daniels on 4/13/11) (pl)
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| Filing 42 ENDORSED LETTER addressed to Judge George B. Daniels from Andrew H. Bart dated 2/14/2011 re: Requesting an adjournment of the status conference currently scheduled for February 15, 2011 at 9:30 am, and an extension of the deadline to complete liability discovery which is currently February 25, 2011. ENDORSEMENT: The conference is adjourned to April 19, 2011 at 9:30 am. (Signed by Judge George B. Daniels on 2/14/2011) (jpo) |
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Filing 41
REVISED SCHEDULING ORDER: Discovery due by 6/17/2011. Status Conference set for 4/19/2011 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 2/14/2011) (jpo) Modified on 2/17/2011 (jpo).
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Filing 40
ENDORSED LETTER addressed to Judge George B. Daniels from Carletta F. Higginson, dated 12/14/2010, re: I write on behalf of all parties to respectfully request an adjournment of the status conference, which is scheduled to take place on December 16, 2010 at 9:30 a.m., and an extension of the deadline to complete liability discovery, which is currently December 31, 2010. The parties have been engaged in liability discovery. However, due to the location and other professional commitments of the witnesses involved in this case (foreign nationals and professional musicians currently on tour), the parties will not be able to complete the remaining liability discovery by the current deadline. The parties agreed that it would be appropriate to request an extension of liability discovery through February 25, 2011 and an adjournment of the December 16 status conference to Tuesday, February 15, 2011 or some other time that is convenient to the Court. We respectfully submit a Revised Scheduling Order to that effect and jointly request that Your Honor so order the Revised Scheduling Order. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/15/2010) (Deadlines were set with REVISED SCHEDULING ORDER) (lnl)
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Filing 39
REVISED SCHEDULING ORDER: Upon consent of the parties, it is hereby Ordered that the Revised Scheduling Order is hereby further revised as follows: 1. All liability discovery to be completed no later than February 25, 2010. 2. Expert reports on liability issues and disclosure of expert testimony in conformance to the requirements of Fed. R. Civ. P. 26(a)(2)(B) by the party bearing the burden on an issue must occur by March 24, 2011. Identification of rebuttal experts and disclosure of their expert testimony must occur by April 14, 2011. 3. All expert discovery must be complete by May 9, 2011. 4. Dispositive motions on liability, if any, to be served no later than June 6, 2011. 5. All damages discovery shall be deferred until the determination of summary judgment on liability. In the event that Plaintiffs prevail on liability, such discovery shall occur following the determination of summary judgment and before trial. 6. A status conference will be held on February 15, 2010 at 9:30 a.m. Discovery due by 5/9/2011. Status Conference set for 2/15/2011 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels, Not dated) (lnl) Modified on 1/3/2011 (lnl).
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| ***DELETED DOCUMENT. Deleted document number 39 REVISED SCHEDULING ORDER. The document was incorrectly filed in this case. (ae) |
| Filing 38 ENDORSED LETTER addressed to Judge George B. Daniels from Carletta F. Higginson dated 11/9/2010 re: Requesting an adjournment of the status conference currently scheduled for November 10, 2010, and an extension of the deadline to complete liability discovery, which is currently November 29, 2010. ENDORSEMENT: The conference is adjourned to December 16, 2010 at 9:30 am. (Signed by Judge George B. Daniels on 11/10/2010) (jpo) |
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Filing 37
PROPOSED ORDER: GOOD CAUSE HAVING BEEN SHOWN, the stipulation of the Parties, herein stipulated to, is made an Order of the Court and effective as of, ______, 2010. (Signed by Judge George B. Daniels on 10/19/10) (laq)
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Filing 36
ENDORSED LETTER addressed to Judge George B. Daniels from Carletta F. Higginson dated 10/5/2010 re: I write on behalf of all parties to respectfully request an adjournment of the status conference, which is scheduled to take place on October 7, 2010 at 9:00 a.m., and an extension of the deadline to complete liability discovery, which is currently October 29, 2010. The parties have been engaged in liability discovery. Accordingly, the parties agreed that it would be appropriate to request an extension of liability discovery through the end of November, 2010 and an adjournment of the October 7th status conference to Friday, November 12, 2010 or some other time that is convenient to the Court. ENDORSEMENT: The conference is adjourned to November 10, 2010 at 9:30 a.m. SO ORDERED. ( Status Conference set for 11/10/2010 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/5/2010) (jmi)
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Filing 35
REVISED SCHEDULING ORDER. All liability discovery to be completed no later than November 29, 2010. Expert reports on liability issues and disclosure of expert testimony in conformance to the requirements of Rule 26(a)(2)(B) Fed. R. Civ. P. by the party bearing the burden on an issue must occur by December 27, 2010. Identification of rebuttal experts and disclosure of their expert testimony must occur by January 17, 2011. All expert discovery must be complete by February 14, 2011. Dispositive motions on liability, if any, to be served no later than March 11, 2011. All damages discovery shall be deferred until the determination of summary judgment on liability. In the event that Plaintiffs prevail on liability, such discovery shall occur following the determination of summary judgment and before trial. A status conference will be held on November 10, 2010 at 9:30 a.m. Discovery due by 2/14/2011. Status Conference set for 11/10/2010 at 9:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 10/5/10) (rjm)
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| Filing 34 ANSWER to Complaint. Document filed by Brian P. Carroll, Robin Fink, Paul Huge, Interscope Geffen A & M Records, Bryan Mantia, Christopher Pitman, Darren A. Reed, William B. Rose, Thomas E. Stinson, Ron Thal.(Bart, Andrew) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Vivendi, S.A. as Corporate Parent. Document filed by Interscope Geffen A & M Records.(Bart, Andrew) |
| Filing 32 TRANSCRIPT of proceedings held on 7/22/2010 before Judge George B. Daniels. (jw) |
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Filing 31
SCHEDULING ORDER: No additional parties may be joined after 9/13/10; any motions to amend pleadings shall be filed no later than 9/13/10; all liability discovery is to be completed no later than 10/29/10; all expert discovery must be completed by 1/14/11; dispositive motions on liability, if any, are to be served no later than 2/11/11; a status conference will be held on 10/7/10. (Signed by Judge George B. Daniels on 7/22/10) (sac)
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Filing 30
MEMORANDUM DECISION and ORDER denying 9 Motion to Dismiss. Accordingly, the allegations contained in the Complaint are sufficient to put all Defendants on notice of Plaintiffs' copyright infringement claims. Defendants' motion to dismiss is denied. (Signed by Judge George B. Daniels on 7/22/2010) (jmi) Modified on 8/5/2010 (jmi).
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| Filing 29 TRANSCRIPT of proceedings held on May 18, 2010 12:10 p.m. before Judge George B. Daniels. (ajc) |
| Filing 28 ENDORSED LETTER addressed to Judge George B. Daniels from Andrew H. Bart dated 5/14/2010 re: Counsel for Defendants request a change of time for the initial conference which is scheduled to take place on 5/18/2010 at 9:30 a.m. until sometime during the afternoon of that same day. ENDORSEMENT: The conference is adjourned to May 18, 2010 at 12:00 noon. (Initial Conference set for 5/18/2010 at 12:00 PM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/17/2010) (tro) |
| Filing 27 NOTICE OF CHANGE OF ADDRESS by Brian D. Caplan on behalf of all plaintiffs. New Address: Caplan & Ross, LLP, 270 Madison Avenue, 13th Floor, New York, New York, 10016, (212)973-2376. (Caplan, Brian) |
| Filing 26 NOTICE OF CHANGE OF ADDRESS by Jonathan James Ross on behalf of all plaintiffs. New Address: Caplan & Ross LLP, 270 Madison Avenue, 13th Floor, New York, New York, 10016, (212)973-2376. (Ross, Jonathan) |
| Filing 25 ENDORSED LETTER addressed to Judge George B. Daniels from Andrew H. Bart dated 4/29/10 re: counsel requests a brief adjournment of the initial conference which is scheduled to take place on May 6, 2010 at 9:45 a.m. ENDORSEMENT: The conference is adjourned to May 18, 2010 at 9:30 a.m. (Initial Conference set for 5/18/2010 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/3/10) (djc) |
| Filing 24 JOINDER to join re: 9 MOTION to Dismiss the Complaint Pursuant to Rules 8(A)(2) and 12(B)(6). /Joinder by the Band Member Defendants to the Motion to Dismiss the Complaint by Defendant Interscope Geffen A&M Records, Inc.. Document filed by Ron Thal, Paul Huge, Robin Fink, Bryan Mantia, Thomas E. Stinson, Darren A. Reed, Christopher Pitman, Interscope Geffen A & M Records, William B. Rose, Brian P. Carroll.(Bart, Andrew) |
| Filing 23 NOTICE OF APPEARANCE by Carletta Flora Higginson on behalf of Ron Thal, Paul Huge, Robin Fink, Bryan Mantia, Thomas E. Stinson, Darren A. Reed, Christopher Pitman, William B. Rose, Brian P. Carroll (Higginson, Carletta) |
| Filing 22 NOTICE OF APPEARANCE by Andrew Harrison Bart on behalf of Ron Thal, Paul Huge, Robin Fink, Bryan Mantia, Thomas E. Stinson, Darren A. Reed, Christopher Pitman, William B. Rose, Brian P. Carroll (Bart, Andrew) |
| Filing 21 ENDORSED LETTER addressed to George B. Daniels from Andrew H. Bart dated 4/9/10 re: we respectfully request that the April 13 initial conference be rescheduled to the week of May 3, 2010 to allow us additional time to sort out the representation issues so that we can appear on behalf of all defendants. ENDORSEMENT: the conference is adjourned to May 6, 2010 at 9:45 a.m. (Signed by Judge George B. Daniels on 4/13/10) (pl) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss the Complaint Pursuant to Rules 8(A)(2) and 12(B)(6).. Document filed by Interscope Geffen A & M Records. (Bart, Andrew) |
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Filing 18
STIPULATION AND ORDER AND AGREED by and between tbe undersigned counsel of record that the time within which defendant Interscope Geffen A&M Records, a division of UMG Recordings, Inc., may serve reply papers, if any, in further support of its Motion to dismiss the complaint in the above-captioned action is hereby extended through and including March 29, 2010. IT IS FURTHER STIPULATED that facsimile signatures on tbis stipulation shall have the same force and effect as original signatures and that this stipulation may be executed in counterparts. SO ORDERED. ( Motions due by 3/29/2010.) (Signed by Judge George B. Daniels on 3/15/2010) (jmi)
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| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Ron Thal waiver sent on 3/3/2010, answer due 5/3/2010; Paul Huge waiver sent on 3/3/2010, answer due 5/3/2010; Bryan Mantia waiver sent on 3/3/2010, answer due 5/3/2010; Thomas E. Stinson waiver sent on 3/3/2010, answer due 5/3/2010; Darren A. Reed waiver sent on 3/3/2010, answer due 5/3/2010; William B. Rose waiver sent on 3/3/2010, answer due 5/3/2010; Brian P. Carroll waiver sent on 3/3/2010, answer due 5/3/2010. Document filed by Domino Recording Company, Inc.; Independiente LTD. (Ross, Jonathan) |
| Filing 16 AFFIDAVIT OF SERVICE. Robin Fink served on 2/2/2010, answer due 2/23/2010. Service was accepted by Robin Finck. Document filed by Domino Recording Company, Inc.; Independiente LTD. (Ross, Jonathan) |
| Filing 15 MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss the Complaint Pursuant to Rules 8(A)(2) and 12(B)(6).. Document filed by Domino Recording Company, Inc., Independiente LTD. (Ross, Jonathan) |
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Filing 14
STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that plaintiffs time to serve and file its opposition papers to Defendant's motion to dismiss the complaint is hereby extended to March 1, 2010. Defendant's time to serve and file papers its motion to dismiss the complaint is hereby extended through and including March 15, 2010. (Signed by Judge George B. Daniels on 2/17/2010) (jpo)
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Filing 13
ENDORSED LETTER addressed to Judge George B. Daniels from Jonathan J. Ross dated 2/8/2010 re: Counsel for plaintiffs writes on consent of all parties to request an adjournment of the initial conference currently scheduled for 2/9/2010 at 9:45 a.m. ENDORSEMENT: SO ORDERED. The conference is adjourned to 4/13/2010 at 9:45 a.m. (Signed by Judge George B. Daniels on 2/8/2010) (tve)
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Filing 12
ENDORSED LETTER addressed to Judge George B. Daniels from Jonathan J. Ross dated 1/29/2010 re: Counsel for plaintiff writes to request an additional 30 days to serve the remaining Defendants in this action. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 2/1/2010) (tve)
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| Filing 11 DECLARATION of Andrew H. Bart, Esq. in Support re: 9 MOTION to Dismiss the Complaint Pursuant to Rules 8(A)(2) and 12(B)(6).. Document filed by Interscope Geffen A & M Records. (Bart, Andrew) |
| Filing 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss the Complaint Pursuant to Rules 8(A)(2) and 12(B)(6).. Document filed by Interscope Geffen A & M Records. (Bart, Andrew) |
| Filing 9 MOTION to Dismiss the Complaint Pursuant to Rules 8(A)(2) and 12(B)(6). Document filed by Interscope Geffen A & M Records.(Bart, Andrew) |
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Filing 8
STIPULATION AND ORDER by and between the undersigned counsel of record that the time within which defendant sued herein as Interscope Geffen A&M Records, a division of UMG Recordings, Inc. may answer, move or otherwise respond to Plaintiffs' complaint in this action is extended through and including January 29, 2010; and IT IS FURTHER STIPULATED that facsimile signatures on this stipulation shall have the same force and effect as original signatures and that this stipulation may be executed in counterparts. Interscope Geffen A & M Records answer due 1/29/2010. (Signed by Judge George B. Daniels on 1/14/2010) (jmi)
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| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Christopher Pitman waiver sent on 1/5/2010, answer due 3/8/2010. Document filed by Domino Recording Company, Inc.; Independiente LTD. (Ross, Jonathan) |
| Filing 6 STIPULATION: The time for Interscope Geffen A & M Records to answer, move or otherwise respond to Plaintiffs' complaint in this action is extended through and including 12/24/09. (Signed by Judge George B. Daniels on 11/30/09) (tro) |
| Filing 5 NOTICE OF APPEARANCE by Andrew Harrison Bart on behalf of Interscope Geffen A & M Records (Bart, Andrew) |
| Filing 4 AFFIDAVIT OF SERVICE. Interscope Geffen A & M Records served on 11/12/2009, answer due 12/2/2009. Service was accepted by Aixa Flores c/o CT Corporation Systems. Document filed by Domino Recording Company, Inc.; Independiente LTD. (Ross, Jonathan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Independiente LTD.(ama) (ama). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Domino Recording Company, Inc.(ama) (ama). |
| Filing 1 COMPLAINT against Ron Thal, Paul Huge, Robin Fink, Bryan Mantia, Thomas E. Stinson, Darren A. Reed, Christopher Pitman, Interscope Geffen A & M Records, William B. Rose, Brian P. Carroll. (Filing Fee $ 350.00, Receipt Number 701993)Document filed by Domino Recording Company, Inc., Independiente LTD.(ama) (ama). |
| SUMMONS ISSUED as to Ron Thal, Paul Huge, Robin Fink, Bryan Mantia, Thomas E. Stinson, Darren A. Reed, Christopher Pitman, Interscope Geffen A & M Records, William B. Rose, Brian P. Carroll. (ama) |
| Magistrate Judge Michael H. Dolinger is so designated. (ama) |
| Case Designated ECF. (ama) |
| Mailed notice to Register of Copyrights to report the filing of this action. (ama) |
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