TEXT ORDER entered by Judge Colin Stirling Bruce on 5/8/2019. Plaintiffs' Agreed Motion for Extension of Time to File Response 21 is GRANTED. Plaintiffs have until Thursday, May 16, 2019, to file their response. (KE, ilcd)
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply AGREED by Plaintiffs ARC Music Corp, Against The Wind Publishing, Benny Bird Company Inc, Broadcast Music Inc, Buzzard Rock Music, Combustion III LLC, EMI Blackwood Music Inc, Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal Inc, Still Working For The Man Music Inc, Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc. Responses due by 5/16/2019 (Espinoza, Gilberto) (Entered: 05/08/2019)
TEXT ORDER entered by Judge Colin Stirling Bruce on 4/26/19. The entry of default was vacated on April 18, 2019. Thus, Plaintiffs' Motion for Default Judgment 13 is deemed MOOT. (KM, ilcd)
TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/18/2019. On March 8, 2019, the Court directed the Clerk to enter default against Defendants under Federal Rule of Civil Procedure 55(a). On March 25, 2019, counsel for Defendants entered his appearance and filed a Motion to Set Aside Default 16 . Pursuant to Federal Rule of Civil Procedure 55(c), the Court may set aside entry of default for good cause. "A party seeking to vacate an entry of default prior to the entry of final judgment must show: (1) good cause for the default; (2) quick action to correct it; and (3) a meritorious defense to the complaint." Cracco v. Vitran Express, Inc., 559 F.3d 625, 630 (7th Cir. 2009) (citations omitted). The Seventh Circuit cases "articulate a policy of favoring trial on the merits over default judgment." Id. Here, Defendants attempted to work out a resolution to this case without hiring counsel. See d/e 11, paragraphs 6-7. On November 6, 2018, Defendants requested an additional 60 days to find an attorney and file an answer. d/e 12 . The Court granted Defendants until December 10, 2018, to find counsel, but expressly noted that more time to file an Answer may be given if an attorney enters his appearance on behalf of Defendants. While counsel for Defendants did not enter his appearance until March 25, 2019, Defendants have attempted to resolve this case and secure representation from the outset of the litigation. Moreover, counsel acted to correct the default 17 days after default was entered. Finally, while Plaintiffs disagree with the merits of Defendants defenses, the Court finds that Defendants have asserted meritorious defenses to the Complaint. Thus, there is "good cause" to set aside the entry of default in this case and litigate the case on the merits. Cracco, 559 F. 3d at 630; Sims, 475 F.3d at 868. Defendants' Motion to Set Aside Default 16 is GRANTED. (JMB, ilcd)
TEXT ORDER entered by Judge Colin Stirling Bruce on 4/16/2019. Plaintiff' Agreed Motion for Extension of Time to File Response 20 is GRANTED. Plaintiffs' response will be due 21 days from the date the court enters an order ruling on Defendants' Motion to Set Aside Default 16 . (KE, ilcd)
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply AGREED by Plaintiffs ARC Music Corp, Against The Wind Publishing, Benny Bird Company Inc, Broadcast Music Inc, Buzzard Rock Music, Combustion III LLC, EMI Blackwood Music Inc, Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal Inc, Still Working For The Man Music Inc, Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc. Responses due by 4/30/2019 (Espinoza, Gilberto) (Entered: 04/16/2019)
RESPONSE to Motion re 16 MOTION to Set Aside Default filed by Plaintiffs ARC Music Corp, Against The Wind Publishing, Benny Bird Company Inc, Broadcast Music Inc, Buzzard Rock Music, Combustion III LLC, EMI Blackwood Music Inc, Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal Inc, Still Working For The Man Music Inc, Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc. (Espinoza, Gilberto) (Entered: 04/08/2019)
MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants 'Cafe' Cabana and Shovelhead Saloon LLC, Lia Marie Trosper, Morris Dean Trosper, II. Responses due by 4/18/2019 (Attachments: # 1 Exhibit A - Declaration of Morris Dean Trosper, II)(Phillips, Jonathan) (Entered: 04/04/2019)
ANSWER to 1 Complaint,,, AND AFFIRMATIVE DEFENSES by 'Cafe' Cabana and Shovelhead Saloon LLC, Lia Marie Trosper, Morris Dean Trosper, II.(Phillips, Jonathan) (Entered: 04/04/2019)
MOTION to Set Aside Default by Defendants 'Cafe' Cabana and Shovelhead Saloon LLC, Lia Marie Trosper, Morris Dean Trosper, II. Responses due by 4/8/2019 (Phillips, Jonathan) (Entered: 03/25/2019)
NOTICE of Appearance of Attorney by Jonathan LA Phillips on behalf of 'Cafe' Cabana and Shovelhead Saloon LLC, Lia Marie Trosper, Morris Dean Trosper, II (Phillips, Jonathan) (Entered: 03/21/2019)
ENTRY OF DEFAULT as to 'Cafe' Cabana and Shovelhead Saloon LLC, Lia Marie Trosper, Morris Dean Trosper, II entered by the clerk on 3/8/2019. (KE, ilcd)
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/8/2019. The Court has reviewed Plaintiff's Motion for Default Judgment and Motion for Entry of Default 13 and directs the Clerk to make an entry of default against Defendants. The Court will consider Plaintiff's Motion for Entry of Default Judgment 13 following the expiration of Defendants' deadline to file a response. (KE, ilcd)
MEMORANDUM re 13 MOTION for Default Judgment MOTION for Entry of Default by ARC Music Corp, Against The Wind Publishing, Benny Bird Company Inc, Broadcast Music Inc, Buzzard Rock Music, Combustion III LLC, EMI Blackwood Music Inc, Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal Inc, Still Working For The Man Music Inc, Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc. (Attachments: # 1 Exhibit A - Ellwood Declaration, # 2 Exhibit B - Mullaney Declaration, # 3 Exhibit C - Espinoza Declaration, # 4 Exhibit D - Certified Infringement Report, # 5 Exhibit E - Correspondence, # 6 Exhibit F - Copyright Certificate re American Pie, # 7 Exhibit G - Copyright Certificate re Walking By Myself, # 8 Exhibit H - Copyright Certificate re Queen Of My Double Wide Trailer, # 9 Exhibit I - Copyright Certificate re Should've Been A Cowboy, # 10 Exhibit J - Copyright Certificate re Play Something Country, # 11 Exhibit K - Copyright Certificate re Soul Shine, # 12 Exhibit L - Copyright Certificate re Beer Money)(Espinoza, Gilberto) (Entered: 03/06/2019)
MOTION for Default Judgment, MOTION for Entry of Default by Plaintiffs ARC Music Corp, Against The Wind Publishing, Benny Bird Company Inc, Broadcast Music Inc, Buzzard Rock Music, Combustion III LLC, EMI Blackwood Music Inc, Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal Inc, Still Working For The Man Music Inc, Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc. Responses due by 3/20/2019 (Attachments: # 1 Text of Proposed Order of Judgment)(Espinoza, Gilberto) (Entered: 03/06/2019)
TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/7/2018. Defendants' Motion for Extension of Time to File Answer 12 is GRANTED in part. Defendants' deadline to file a responsive pleading is extended to December 10, 2018. The Court will consider granting additional time to file a responsive pleading if an attorney enters an appearance on behalf of Defendants. The Court directs the Clerk to provide Defendants with a copy of this Order at the address listed in Plaintiffs' Complaint. (KE, ilcd)
MOTION for Extension of Time to File Answer re 1 Complaint, by Defendants Lia Marie Trosper, Morris Dean Trosper, II. Responses due by 11/20/2018 (KE, ilcd) (Main Document 12 replaced on 11/6/2018) (KE, ilcd). (Entered: 11/06/2018)
TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/25/2018. Pursuant to Plaintiffs' Response to the Courts Order to Show Cause 11, the Court's October 11, 2018, Order to Show Cause 10 is discharged. Defendants are given leave to file a response to Plaintiffs' Complaint by the close of business on November 8, 2018. If Defendants fail to file a response by November 8, 2018, Plaintiffs may move for entry of default under Federal Rule of Civil Procedure 55(a). The Court directs the Clerk to provide Defendants with a copy of this Order at the address listed in Plaintiffs' Complaint. Plaintiffs, who indicate in their Response 11 to Court's Order to Show Cause that they have been in contact with Defendants, are also directed to provide Defendants with a copy of the Court's Order. (JMB, ilcd)
RESPONSE TO ORDER TO SHOW CAUSE by ARC Music Corp, Against The Wind Publishing, Benny Bird Company Inc, Broadcast Music Inc, Buzzard Rock Music, Combustion III LLC, EMI Blackwood Music Inc, Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal Inc, Still Working For The Man Music Inc, Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International Inc, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc re 10 Order to Show Cause, . (Espinoza, Gilberto) (Entered: 10/24/2018)
DISCHARGED - ORDER TO SHOW CAUSE entered by Magistrate Judge Eric I. Long on 10/11/2018. The Court orders Plaintiffs to show cause why the case should not be dismissed for want of prosecution within 14 days. See written order. (Show Cause Response due by 10/25/2018.) (KE, ilcd) Modified on 10/25/2018 to show the order as discharged pursuant to the text order dated 10/25/2018. (JMB, ilcd). (Entered: 10/11/2018)
SUMMONS Returned Executed by Buzzard Rock Music, Universal-Songs of Polygram International Inc, Songs of Universal Inc, Songs Of The Corn, Broadcast Music Inc, Against The Wind Publishing, Songs From The Engine Room, Combustion III LLC, Tokeco Tunes, Benny Bird Company Inc, Turn Me On Music, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc, Kickin Grids Music, Still Working For The Man Music Inc, ARC Music Corp, Showbilly Music, EMI Blackwood Music Inc. Lia Marie Trosper served on 4/20/2018, answer due 5/11/2018. (Espinoza, Gilberto) (Entered: 04/30/2018)
SUMMONS Returned Executed by Buzzard Rock Music, Universal-Songs of Polygram International Inc, Songs of Universal Inc, Songs Of The Corn, Broadcast Music Inc, Against The Wind Publishing, Songs From The Engine Room, Combustion III LLC, Tokeco Tunes, Benny Bird Company Inc, Turn Me On Music, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc, Kickin Grids Music, Still Working For The Man Music Inc, ARC Music Corp, Showbilly Music, EMI Blackwood Music Inc. Morris Dean Trosper, II served on 4/20/2018, answer due 5/11/2018. (Espinoza, Gilberto) (Entered: 04/30/2018)
SUMMONS Returned Executed by Buzzard Rock Music, Universal-Songs of Polygram International Inc, Songs of Universal Inc, Songs Of The Corn, Broadcast Music Inc, Against The Wind Publishing, Songs From The Engine Room, Combustion III LLC, Tokeco Tunes, Benny Bird Company Inc, Turn Me On Music, Warner-Tamerlane Publishing Corp, Warner/Chappell Music Inc, Kickin Grids Music, Still Working For The Man Music Inc, ARC Music Corp, Showbilly Music, EMI Blackwood Music Inc. 'Cafe' Cabana and Shovelhead Saloon LLC served on 4/23/2018, answer due 5/14/2018. (Espinoza, Gilberto) (Entered: 04/30/2018)
Summons Issued as to 'Cafe' Cabana and Shovelhead Saloon LLC, Lia Marie Trosper, Morris Dean Trosper, II. (Mailed to Attorney Charles Laff for service.) (KE, ilcd) (Entered: 04/06/2018)
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Against The Wind Publishing, Arc Music Corp., Benny Bird Company, Inc., Broadcast Music, Inc., Buzzard Rock Music, Combustion III LLC d/b/a Internal Combustion Music, EMI Blackwood Music, Inc., Kickin Grids Music, Showbilly Music, Songs From The Engine Room, Songs Of The Corn, Songs of Universal, Inc., Still Working For The Man Music, Inc., Tokeco Tunes, Turn Me On Music, Universal-Songs of Polygram International, Inc., Warner-Tamerlane Publishing Corp., Warner/Chappell Music Inc. d/b/a Southside Independent Music Publishing. (Laff, Charles) (Entered: 04/06/2018)
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2810130.), filed by Buzzard Rock Music, Universal-Songs of Polygram International, Inc., Songs of Universal, Inc., Songs Of The Corn, Broadcast Music, Inc., Against The Wind Publishing, Songs From The Engine Room, Combustion III LLC d/b/a Internal Combustion Music, Tokeco Tunes, Benny Bird Company, Inc., Turn Me On Music, Warner-Tamerlane Publishing Corp., Warner/Chappell Music Inc. d/b/a Southside Independent Music Publishing, Kickin Grids Music, Still Working For The Man Music, Inc., Arc Music Corp., Showbilly Music, EMI Blackwood Music, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for 'Cafe' Cabana and Shovelhead Saloon, # 3 Summons for Morris Dean Trosper, II, # 4 Summons for Lia Marie Trosper)(Laff, Charles) (Main Document 1 replaced on 4/6/2018) (KE, ilcd). (Entered: 04/06/2018)
Attachment 1 Civil Cover Sheet
Attachment 2 Summons for 'Cafe' Cabana and Shovelhead Saloon
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