Plaintiffs claim A&E used short clip of "Rocky Top" synchronized in a television program, despite plaintiff's refusal to grant a license. Defense claims the clip is only 12 seconds long and is background to a football game filled with ambient noise.
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Date Filed
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#
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Docket Text
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| June 3, 2009 |
1
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COMPLAINT against A&E Television Networks, filed by House of Bryant Publications, L.L.C. (filing fee paid $350.00) Summons issued. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(rd) (Entered: June 3, 2009)
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| June 3, 2009 |
2
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NOTICE of Initial Case Management Conference set for Monday, 8/17/2009 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (rd) (Entered: June 3, 2009)
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| June 3, 2009 |
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Bar status for atty Richard Steven Busch of TN verified as active this date. (rd) (Entered: June 3, 2009)
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| June 16, 2009 |
3
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WAIVER OF SERVICE Returned Executed by House of Bryant Publications, L.L.C.. A&E Television Networks waiver sent on 6/12/2009. (Busch, Richard) (Entered: June 16, 2009)
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| August 11, 2009 |
4
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MOTION for Leave to file manually two DVDs and one CD by A&E Television Networks. (Harvey, Robb) (Entered: August 11, 2009)
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| August 11, 2009 |
5
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MOTION for judicial notice by A&E Television Networks. (Attachments: # 1 Supplement Unpublished Case, # 2 Supplement Unpublished Case, # 3 Supplement Unpublished Case, #
4 Supplement Unpublished Case, # 5 Exhibit B - Rocky Top Sheet
Music)(Harvey, Robb) (Entered: August 11, 2009)
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| August 11, 2009 |
6
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MOTION to Dismiss for failure to state a claim by A&E Television Networks. (Harvey, Robb) (Entered: August 11, 2009)
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| August 11, 2009 |
7
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MEMORANDUM in Support of 6 MOTION to Dismiss for failure to state a claim
filed by A&E Television Networks. (Attachments: # 1 Supplement Unpublished Case - Payne, # 2 Supplement Unpublished Case - Phoenix Hill)(Harvey, Robb) (Entered: August 11, 2009)
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| August 11, 2009 |
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Bar status of Atty Hubbard of TN verified as active this date. (ab) (Entered: August 11, 2009)
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| August 13, 2009 |
8
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ORDER : Given the pendency of 6 Motion to Dismiss, it is hereby ORDERED that the
initial case management conference scheduled for August 17, 2009 is CONTINUED, to be reset, if appropriate, after disposition of this motion. Signed by District Judge Aleta A. Trauger on
08/13/09. (ab) (Entered: August 13, 2009)
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| August 13, 2009 |
9
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ORDER granting 4 Motion for Leave to Manually File Two DVDS and CD. Signed by
District Judge Aleta A. Trauger on 08/13/09. (ab) (Entered: August 13, 2009)
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| August 13, 2009 |
10
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NOTICE of Filing by A&E Television Networks re 5 MOTION for judicial notice
Manual Exhibits A, A-1, and C (Harvey, Robb) (Entered: August 13, 2009)
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| August 13, 2009 |
11
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DECLARATION of Robb S. Harvey filed by A&E Television Networks re: 5 MOTION
for judicial notice. (Harvey, Robb) (Entered: August 13, 2009)
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| August 13, 2009 |
12
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CORPORATE DISCLOSURE STATEMENT filed by A&E Television Networks. (Harvey, Robb) (Entered: August 13, 2009)
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| August 13, 2009 |
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Received manual filing of 2 DVDs and 1 CD per 9 Order. (ab) (Entered:
08/13/2009)
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| August 21, 2009 |
13
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Joint MOTION for Extension of Time to File Response/Reply by House of Bryant Publications, L.L.C.. (Busch, Richard) (Entered: August 21, 2009)
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| August 24, 2009 |
14
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NOTICE by A&E Television Networks re 7 Memorandum in Support (Attachments: #
1 Exhibit Correction to Memorandum of Law in Support of Motion to Dismiss)(Harvey, Robb) (Entered: August 24, 2009)
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| August 25, 2009 |
15
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ORDER granting 13 Motion for Extension of Time to File Response re 6 MOTION to Dismiss, extension to 09/03/09. Signed by District Judge Aleta A. Trauger on
08/25/09. (ab) (Entered: August 25, 2009)
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| September 3, 2009 |
16
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OBJECTIONS filed by House of Bryant Publications, L.L.C. re 5 Motion for
Judicial Notice. (Attachments: # 1 Appendix Case law)(Busch, Richard) Modified text on 9/4/2009 (ab). (Entered: September 3, 2009)
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| September 3, 2009 |
17
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RESPONSE in Opposition re 6 MOTION to Dismiss for failure to state a
claim filed by House of Bryant Publications, L.L.C.. (Attachments: # 1 Appendix Case law, # 2 Appendix Case law)(Busch, Richard) (Entered: September 3, 2009)
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| September 3, 2009 |
18
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DECLARATION of Richard S. Busch filed by House of Bryant Publications, L.L.C. re: 16 Objections, 17 Response in Opposition to Motion. (Attachments: # 1 Exhibit Ex A-- AETN website, # 2 Exhibit Ex B- HOB letter)(Busch,
Richard) (Entered: September 3, 2009)
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| September 22, 2009 |
19
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REPLY to Response to Motion re 5 MOTION for judicial notice filed by A&E
Television Networks. (Harvey, Robb) (Entered: September 22, 2009)
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| September 22, 2009 |
20
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DECLARATION of Records Custodian filed by A&E Television Networks re: 19
Reply to Response to Motion. (Harvey, Robb) (Entered: September 22, 2009)
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| September 22, 2009 |
21
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REPLY to Response to Motion re 6 MOTION to Dismiss for failure to state a
claim filed by A&E Television Networks. (Attachments: # 1 Supplement Cases)(Harvey, Robb) (Entered: September 22, 2009)
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| October 30, 2009 |
22
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MEMORANDUM of the Court signed by District Judge Aleta A. Trauger on 10/30/09. (ab) (Entered: October 30, 2009)
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| October 30, 2009 |
23
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ORDER : For the reasons expressed in the accompanying Memorandum, the defendant's 5 Request for Judicial Notice in Support of its Motion to Dismiss is GRANTED to the
extent that the court considered the materials requested by the defendant, and the defendant's 6 Motion to Dismiss for Failure to State a Claim is DENIED. It is further ORDERED that
the defendant shall file an Answer by November 16, 2009, and the initial case management conference shall be held on November 23, 2009 at 3:30 p.m. Signed by District Judge Aleta A.
Trauger on 10/30/09. (ab) (Entered: October 30, 2009)
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| November 16, 2009 |
24
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ANSWER to 1 Complaint by A&E Television Networks.(Harvey, Robb) (Entered:
11/16/2009)
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| November 17, 2009 |
25
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Joint MOTION to Continue Initial Case Management Conference by House of Bryant Publications, L.L.C.. (Busch, Richard) (Entered: November 17, 2009)
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| November 18, 2009 |
26
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ORDER granting 25 Motion to Continue Initial Case Management Conference. Reset
for 11/24/09 at 11:00 am. Signed by District Judge Aleta A. Trauger on 11/18/09. (ab) (Entered: November 18, 2009)
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| November 20, 2009 |
27
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MOTION for Defendant AETNs Corporate Representative to Be Permitted to Attend Initial Case Management Conference by Telephone by A&E Television Networks. (Hubbard, Heather) (Entered:
11/20/2009)
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| November 20, 2009 |
28
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ORDER granting 27 motion for deft AETN's corporate representative to be
permitted to attend the ICMC and via telephone. Signed by District Judge Aleta A. Trauger on 11/20/09. (af) (Entered: November 20, 2009)
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| November 23, 2009 |
29
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NOTICE of Appearance by Thomas J. Motzny on behalf of House of Bryant Publications, L.L.C. (Motzny, Thomas) (Entered: November 23, 2009)
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| November 23, 2009 |
30
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PROPOSED CASE MANAGEMENT ORDER filed by House of Bryant Publications, L.L.C.. (Motzny, Thomas) (Entered: November 23, 2009)
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| November 24, 2009 |
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Bar status of Atty Motzny of TN verified as active this date. (ab) (Entered: November 24, 2009)
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| November 24, 2009 |
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Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 11/24/2009. Joint mediation report 12/7/09 and second Joint mediation report
by 12/15/10. Discovery ddl 8/13/10, pltf's disclose experts 7/23/10, depos 9/1/10, deft's disclose experts 10/1/10, depos 11/15/10, pltfs rebuttal 12/7/10, depos 1/15/11, dispositive
motion ddl 2/1/11, responses 25 days, optional reply 15 days. (Court Reporter none.) (bb-j) (Entered: November 24, 2009)
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| November 24, 2009 |
31
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ORDER SETTING CASE FOR TRIAL: Jury Trial set for 5/31/2011 09:00 AM in Courtroom 873 with the Final Pretrial Conference set for 5/27/2011 01:30 PM in Chambers 825 before District Judge
Aleta A. Trauger; Proposed Pretrial Order due by 5/24/2011; Motions in limine due by 05/13/2011. Signed by District Judge Aleta A. Trauger on 11/24/09. (ab) (Entered: November 24, 2009)
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