PEERMUSIC, III, LTD. et al v. MOTIVE FORCE LLC et al
| PEERMUSIC, III, LTD., SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD., SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., WINDSWEPT HOLDINGS LLC and HITCO MUSIC PUBLISHING, LLC |
| MOTIVE FORCE LLC and SEAN COLUMBO |
| 2:2009cv01137 |
| August 24, 2009 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| XX US, Outside State |
| Robert C. Mitchell |
| None |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Remark: Remark forwarded judgment letter with copy of 19 judgment order attached via email to Copyright Office. (ksa) |
Filing 19
ORDER granting 18 Motion for Consent Judgment; Defendants and their principals, officers, directors, partners, employees, agents, servants, representatives, sub-tenants, affiliates, subsidiaries, parent and related companies, successors in interest and all persons or entities in active concert or participation with Defendants are permanently enjoined from the date of this Order onward from infringing, whether directly or indirectly, and from causing, enabling, facilitating, encouraging, inducing, promoting, contributing to, assisting, and/or participating in the unlicensed reproduction, public distribution, public display or other infringement of any musical composition protected by copyright, including, without limitation, the copyrights in Plaintiffs' Songs; Without limitation of the foregoing, Defendants and their principals, officers, directors, partners, employees, agents, servants, representatives, sub-tenants, affiliates, subsidiaries, parent and related companies, successors in interest and all persons or entities in active concert or participation with Defendants are permanently enjoined from, directly or indirectly, operating, authorizing the operation of, or assisting in the operation of the unlicensed LyricWiki Website or any other unlicensed website, or creating or assisting in the creation of any software application, database or service that reproduces, publicly distributes or publicly displays unlicensed lyrics from any musical composition protected by copyright, including without limitation Plaintiffs' Songs; Judgment in the amount of $150,000.00 is entered in favor of Plaintiffs against Defendants, which sum shall be paid by Defendants to Plaintiffs in accordance with the terms of the Settlement Agreement; Defendants shall promptly remit to Plaintiffs any monies that come under Defendants' control in connection with the exploitation of any software application or any application programming interface ("API") by which Defendants assisted and/or induced third-party software developers or users to display or distribute copies of unlicensed lyrics from Plaintiffs' Songs to consumers' computers or personal media players, which sum(s) shall be paid by Defendants to Plaintiffs in accordance with the terms of the Settlement Agreement; The Court shall retain jurisdiction of this Action until such time as the settlement payment contained in this Consent Judgment and the Settlement Agreement has been satisfied and for the purpose of enforcing all of the provisions of the same. Signed by Chief Judge Gary L. Lancaster on 1/4/10. (map) Modified on 1/5/2010 to correct typos. (ksa)
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| Filing 18 MOTION for Judgment by Consent by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, MOTIVE FORCE LLC, SEAN COLUMBO, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD.. Motion(s) referred to Robert C. Mitchell. (Attachments: # 1 Proposed Order) (White, David) |
| Filing 17 DISTRICT JUDGE OPTION by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD. to have this case randomly assigned to a U.S. District Judge. (White, David) |
| Filing 16 CONSENT to Trial/Jurisdiction by US Magistrate Judge by MOTIVE FORCE LLC, SEAN COLUMBO. (Salvatore, Corrado) |
| Judge Gary L. Lancaster and Robert C. Mitchell added. (jls) |
| Judge Robert C. Mitchell no longer presiding. (jls) |
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Filing 15
CASE MANAGEMENT ORDER: Willingness to proceed before Magistrate Judge due by 12/11/2009. Signed by Judge Robert C. Mitchell on 12/8/2009. (spc)
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Filing 14
ORDER granting 13 Motion for Extension of Time to Answer re 1 Complaint, MOTIVE FORCE LLC answer due 12/4/2009; SEAN COLUMBO answer due 12/4/2009. No further extensions will be granted. Signed by Judge Robert C. Mitchell on 11/19/2009. (spc)
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| Filing 13 Joint MOTION for Extension of Time to File Answer re 1 Complaint,, filed by WINDSWEPT HOLDINGS LLC, PEERMUSIC LTD., HITCO MUSIC PUBLISHING, LLC, WARNER-TAMERLANE PUBLISHING CORP., SONGS OF PEER, LTD., PSO LTD., BUG MUSIC, INC., UNICHAPPELL MUSIC, INC., WB MUSIC CORP., SOUTHERN MUSIC PUBLISHING CO., INC., PEERMUSIC, III, LTD., PEER INTERNATIONAL CORP. by MOTIVE FORCE LLC, SEAN COLUMBO. (Attachments: # 1 Proposed Order) (Salvatore, Corrado) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re 12 Motion for Extension of Time to File Answer. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa) |
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ORDER granting 12 Motion for Extension of Time to Answer. MOTIVE FORCE LLC answer due 11/20/2009; SEAN COLUMBO answer due 11/20/2009. Signed by Judge Robert C. Mitchell on 10/21/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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| Filing 12 Joint MOTION for Extension of Time to File Answer or Response to 1 Complaint by MOTIVE FORCE LLC, SEAN COLUMBO. (Attachments: # 1 Proposed Order) (Salvatore, Corrado) Modified on 10/21/2009 document linkage corrected. Document linked to document 1 . (ksa) |
| Filing 11 NOTICE of Appearance by Corrado Salvatore on behalf of MOTIVE FORCE LLC, SEAN COLUMBO. (Salvatore, Corrado) |
| Filing 10 NOTICE of Appearance by Gretchen L. Jankowski on behalf of MOTIVE FORCE LLC, SEAN COLUMBO. (Jankowski, Gretchen) |
| Filing 9 Stipulation for Extension of Time to Answer by MOTIVE FORCE LLC, SEAN COLUMBO Answer due from MOTIVE FORCE LLC on 10/21/2009; SEAN COLUMBO on 10/21/2009. (Salvatore, Corrado) |
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ORDER granting 7 Motion for Ross J. Charap to Appear Pro Hac Vice. Signed by Judge Robert C. Mitchell on 9/14/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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ORDER granting 8 Motion for Kandis M. Koustenis to Appear Pro Hac Vice. Signed by Judge Robert C. Mitchell on 9/14/2009. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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| Filing 8 MOTION for attorney Kandis M. Koustenis to Appear Pro Hac Vice, (Filing fee $40, Receipt # 03150000000001365962) by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD.. (Attachments: # 1 Affidavit of Kandis M. Koustenis, # 2 Proposed Order) (White, David) |
| Filing 7 MOTION for attorney Ross J. Charap to Appear Pro Hac Vice, (Filing fee $40, Receipt # 03150000000001365934) by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD.. (Attachments: # 1 Affidavit of Ross J. Charap, # 2 Proposed Order) (White, David) |
| Filing 6 SUMMONS/Return of Service Returned Executed by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD. MOTIVE FORCE LLC served on 8/30/2009, answer due 9/21/2009. (White, David) |
| Filing 5 SUMMONS/Return of Service Returned Executed by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD. SEAN COLUMBO served on 8/30/2009, answer due 9/21/2009. (White, David) |
| Filing 4 Disclosure Statement identifying Warner Music Group Corp. as corporate parent or other affiliate, by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD.. (White, David) |
| Filing 3 COPYRIGHT DOCUMENTS ISSUED. (jsp, ) |
| Filing 2 COPYRIGHT DOCUMENTS ISSUED. (jsp) Modified on 8/25/2009. (jsp, )Error: Document did not attach. See Document 3 |
| Filing 1 COMPLAINT against MOTIVE FORCE LLC, SEAN COLUMBO (Filing fee $350, receipt number 1344434), filed by SOUTHERN MUSIC PUBLISHING CO., INC., WB MUSIC CORP., WARNER-TAMERLANE PUBLISHING CORP., UNICHAPPELL MUSIC, INC., BUG MUSIC, INC., PEERMUSIC, III, LTD., WINDSWEPT HOLDINGS LLC, HITCO MUSIC PUBLISHING, LLC, SONGS OF PEER, LTD., PEER INTERNATIONAL CORP., PEERMUSIC LTD., PSO LTD. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Summons Motive Force, # 6 Summons Sean Columbo) (jsp) |
| Summons Issued as to *MOTIVE FORCE LLC, SEAN COLUMBO* (jsp) |
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