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 128 |
Filed: 8/16/2022, Entered: None |
Sealed Document Disposed |
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| 127 |
Filed: 7/15/2022, Entered: None |
Sealed Document Attorney Notice to Retrieve |
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Request |
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| 126 |
Filed: 3/17/2017, Entered: None |
Unknown Document Type |
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CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated March 17, 2017, Sirius's motion for summary judgment is granted and the case is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/17/17) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 03/17/2017)
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| 125 |
Filed: 3/17/2017, Entered: None |
Unknown Document Type |
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DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DISMISSING THE CASE WITH PREJUDICE: Sirius's motion for summary judgment is GRANTED and the case is dismissed with prejudice. The Clerk of the Court is directed to close this case. (Signed by Judge Colleen McMahon on 3/17/2017) (mro) (Entered: 03/17/2017)
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| 124 |
Filed: 3/16/2017, Entered: None |
Unknown Document Type |
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MANDATE of USCA (Certified Copy) USCA Case Number 15-1164. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's denial of Appellant's motion for summary judgment is REVERSED and the case is REMANDED to the district court with instructions to grant Appellant's motion for summary judgment and to dismiss the case with prejudice.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/16/2017. (Attachments: # 1 Opinion)(nd) (Entered: 03/16/2017)
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| 123 |
Filed: 2/16/2017, Entered: None |
Unknown Document Type |
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TRUE COPY ORDER of USCA. USCA Case Number 15-1164-cv.. The answer to the certified question being determinative of the other claims, we REVERSE the district court's denial of Appellant's motion for summary judgment and REMAND to that court with instructions to grant Appellant's motion for summary judgment and to dismiss the case with prejudice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/16/2017. (nd) (Entered: 02/16/2017)
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| 122 |
Filed: 7/28/2015, Entered: None |
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NOTICE of Withdrawal of Robert M. Schwartz as Attorney of Record. Document filed by Sirius XM Radio, Inc.. (Schwartz, Robert) (Entered: 07/28/2015)
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Request |
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| 121 |
Filed: 7/28/2015, Entered: None |
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NOTICE of Withdrawal of Victor H. Jih as Attorney of Record. Document filed by Sirius XM Radio, Inc.. (Jih, Victor) (Entered: 07/28/2015)
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| 120 |
Filed: 5/27/2015, Entered: None |
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MANDATE of USCA (Certified Copy). Case Number 15-0497. Sirius XM Radio, Inc., petitions, pursuant to 28 U.S.C. ' 1292(b), for leave to appeal the district courts orders denying summary judgment and reconsideration. Upon due consideration, it is hereby ORDERED that the petition is GRANTED Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/27/2015. (nd) (Entered: 05/28/2015)
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| 119 |
Filed: 4/15/2015, Entered: None |
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TRUE COPY ORDER of USCA USCA Case Number 15-0497. Sirius XM Radio, Inc., petitions, pursuant to 28 U.S.C. ' 1292(b), for leave to appeal the district courts orders denying summary judgment and reconsideration. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 4/15/2015. (tp) (Entered: 04/15/2015)
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| 118 |
Filed: 2/10/2015, Entered: 2/10/2015 |
Order |
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DECISION AND ORDER CERTIFYING INTERLOCUTORY APPEAL: For the foregoing reasons, Sirius's motion to certify the Summary Judgment Decision and the Decision on Reconsideration for interlocutory appeal is GRANTED, and this action is STAYED pending a decision by the Second Circuit. (Signed by Judge Colleen McMahon on 2/10/2015) (kgo) (Entered: 02/10/2015)
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| 117 |
Filed: 1/28/2015, Entered: 1/28/2015 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: 116 Letter filed by Flo & Eddie, Inc. ENDORSEMENT: Your second point is indisputably correct. If I were to certify it would ONLY be the original order 11/14/2014 order. Not sure I will. Keep litigating (Signed by Judge Colleen McMahon on 1/28/2015) (kgo) (Entered: 01/28/2015)
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| 116 |
Filed: 1/26/2015, Entered: 1/26/2015 |
Letter |
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LETTER addressed to Judge Colleen McMahon from Harvey W. Geller dated January 26, 2015 Document filed by Flo & Eddie, Inc.(Geller, Harvey) (Entered: 01/26/2015)
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| 115 |
Filed: 1/26/2015, Entered: 1/26/2015 |
Letter |
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LETTER addressed to Judge Colleen McMahon from Daniel M. Petrocelli dated January 26, 2015 Document filed by Sirius XM Radio, Inc..(Petrocelli, Daniel) (Entered: 01/26/2015)
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| 114 |
Filed: 1/15/2015, Entered: None |
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DECISION AND ORDER: On November 14, 2014, the Court denied Sirius's motion for summary judgment. ("Decision and Order," Docket #88.) In addition to denying Sirius's motion, the Court ordered Sirius to show cause "why summary judgment should not be entered in favor of Flo and Eddie as to liability only." (Decision and Order at 1.) Sirius moved for reconsideration of the Court's order and for the Court to certify an interlocutory appeal of the Decision and Order. (Docket #92.) Sirius then submitted a response to the order to show cause. (Docket #104.) The Court denied the motion for reconsideration and deferred Sirius's motion to certify an interlocutory appeal until it had resolved the order to show cause. ("Reconsideration Decision," Docket #108 at 1.) The order to show cause has now been fully briefed. For the reasons stated herein, the Court will not at this time enter summary judgment in favor of Flo and Eddie. If Flo and Eddie wishes to proceed individually and not as a class representative, it should so notify the Court, at which point summary judgment as to liability will be entered in its favor. However, if the action is to remain a class action, the parties should proceed with discovery, and Flo and Eddie should move for class certification no later than April 3, 2015. (Signed by Judge Colleen McMahon on 1/15/2015) (kgo) (Entered: 01/15/2015)
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Request |
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| 113 |
Filed: 1/7/2015, Entered: None |
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DECLARATION of MARC J. PENSABENE, ESQ. re: 112 Brief (SUPPLEMENTAL DECLARATION IN SUPPORT OF SIRIUS XM'S REPLY IN SUPPORT OF SUBMISSION IN RESPONSE TO ORDER TO SHOW CAUSE. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pensabene, Marc) (Entered: 01/07/2015)
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Request |
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| 112 |
Filed: 1/7/2015, Entered: None |
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BRIEF re: 88 Order on Motion for Summary Judgment,, (SIRIUS XM'S REPLY IN SUPPORT OF SUBMISSION IN RESPONSE TO ORDER TO SHOW CAUSE). Document filed by Sirius XM Radio, Inc..(Pensabene, Marc) (Entered: 01/07/2015)
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| 111 |
Filed: 1/5/2015, Entered: None |
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MEMO ENDORSEMENT on re: 110 Letter, filed by Sirius XM Radio, Inc.. ENDORSEMENT: 5 pages only - no footnotes (Signed by Judge Colleen McMahon on 1/5/2015) (kgo) (Entered: 01/05/2015)
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| 110 |
Filed: 12/31/2014, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Marc J. Pensabene dated 12/31/2014 re: Permission to file a 5-page reply in response to plaintiff's 19-page Opposition to Sirius XM's Response to Order to Show Cause. Document filed by Sirius XM Radio, Inc..(Pensabene, Marc) (Entered: 12/31/2014)
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| 109 |
Filed: 12/29/2014, Entered: None |
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BRIEF re: 104 Brief IN OPPOSITION TO SIRIUS XM'S RESPONSE TO ORDER TO SHOW CAUSE. Document filed by Flo & Eddie, Inc.(Geller, Harvey) (Entered: 12/29/2014)
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| 108 |
Filed: 12/12/2014, Entered: None |
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION denying 99 Motion for Reconsideration ; deferring ruling on 99 Motion. For the foregoing reasons herein, Sirius's motion for reconsideration is DENIED and decision on the motion for Section 1292(b) certification is DEFERRED. (Signed by Judge Colleen McMahon on 12/12/2014) (kgo) (Additional attachment(s) added on 12/16/2014: # 1 order) (mde). (Entered: 12/12/2014)
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| 107 |
Filed: 12/11/2014, Entered: None |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Harvey W. Geller dated 12/10/2014 re: Flo & Eddie hereby requests permission to file an opposition to Defendant's Response to the Order to Show Cause. ENDORSEMENT: Fine, take until 12/30. (Signed by Judge Colleen McMahon on 12/11/2014) (kgo) (Entered: 12/11/2014)
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| 106 |
Filed: 12/10/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 99 MOTION for Reconsideration re; 88 Order on Motion for Summary Judgment,, OR, IN THE ALTERNATIVE. MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL re: 88 Order on Motion for Summary Judgment,, . . Document filed by Flo & Eddie, Inc. (Marzano, Maryann) (Entered: 12/10/2014)
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| 105 |
Filed: 12/5/2014, Entered: None |
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DECLARATION of MARC J. PENSABENE, ESQ. re: 104 Brief, 88 Order on Motion for Summary Judgment,, IN SUPPORT OF SIRIUS XM'S SUBMISSION IN RESPONSE TO ORDER TO SHOW CAUSE. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Pensabene, Marc) (Entered: 12/05/2014)
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| 104 |
Filed: 12/5/2014, Entered: None |
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BRIEF re: 88 Order on Motion for Summary Judgment,, (SIRIUS XM'S SUBMISSION IN RESPONSE TO ORDER TO SHOW CAUSE). Document filed by Sirius XM Radio, Inc..(Pensabene, Marc) (Entered: 12/05/2014)
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| 103 |
Filed: 12/3/2014, Entered: None |
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ORDER DIRECTING RESPONSE: Pursuant to my local rule for motions for reconsideration, I have reviewed the papers in support of Sirius' Motion for Reconsideration or Certification for Interlocutory Appeal. The gravamen of the motion is that RCA Mfg. Co. v. Whiteman, 114 F. 86, 87-88 (2d Cir. 1940), a hitherto uncited Second Circuit decision from 1940, held that no common law public performance right existed in sound recordings. Whiteman plainly should have been addressed the first time around, and it must be dealt with now - it is, after all, a Second Circuit decision (albeit a pre-Naxos decision) discussing key issues in this case. Sirius has now had its belated say; Flo & Eddie needs to respond - if only to address Whiteman in the context of this court's finding, on undisputed facts, that Sirius makes unauthorized, non-fair use copies of Flo & Eddie's master recordings in order to broadcast them, which is a situation rather different than the one contemplated by Whiteman (or at least so it seems to me after one quick reading). Therefore, I ask that Plaintiff respond to the Motion for Reconsideration by next Wednesday, December 10, 2014. Flo & Eddie should address all aspects of Sirius' motion. I will not accept reply papers; I will also not hold oral argument. I am well aware of the ramifications of my original ruling, which I did not reach lightly. But in the end, this court does not make policy; I deal in law. Sirius has had its say about the law; Flo & Eddie will weigh in in writing; and I will decide whether or not to reconsider my original ruling. (Responses due by 12/10/2014.) (Signed by Judge Colleen McMahon on 12/3/2014) (kgo) (Entered: 12/03/2014)
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| 102 |
Filed: 12/1/2014, Entered: None |
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LETTER addressed to Judge Colleen McMahon from Marc J. Pensabene dated December 1, 2014 re: Request for Oral Argument on Defendant's Motion for Reconsideration or, In The Alternative, To Certify Order for Interlocutory Appeal. Document filed by Sirius XM Radio, Inc..(Pensabene, Marc) (Entered: 12/01/2014)
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| 101 |
Filed: 12/1/2014, Entered: None |
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DECLARATION of MARC J. PENSABENE in Support re: 99 MOTION for Reconsideration re; 88 Order on Motion for Summary Judgment,, OR, IN THE ALTERNATIVE. MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL re: 88 Order on Motion for Summary Judgment,, .. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pensabene, Marc) (Entered: 12/01/2014)
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| 100 |
Filed: 12/1/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: 99 MOTION for Reconsideration re; 88 Order on Motion for Summary Judgment,, OR, IN THE ALTERNATIVE. MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL re: 88 Order on Motion for Summary Judgment,, . . Document filed by Sirius XM Radio, Inc.. (Pensabene, Marc) (Entered: 12/01/2014)
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| 99 |
Filed: 12/1/2014, Entered: None |
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MOTION for Reconsideration re; 88 Order on Motion for Summary Judgment,, OR, IN THE ALTERNATIVE., MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL re: 88 Order on Motion for Summary Judgment,, . Document filed by Sirius XM Radio, Inc..(Pensabene, Marc) (Entered: 12/01/2014)
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| 98 |
Filed: 11/19/2014, Entered: None |
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NOTICE OF APPEARANCE by Robert M Schwartz on behalf of Sirius XM Radio, Inc.. (Schwartz, Robert) (Entered: 11/19/2014)
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| 97 |
Filed: 11/19/2014, Entered: None |
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NOTICE OF APPEARANCE by Victor Jih on behalf of Sirius XM Radio, Inc.. (Jih, Victor) (Entered: 11/19/2014)
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| 96 |
Filed: 11/19/2014, Entered: None |
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NOTICE OF APPEARANCE by Daniel M. Petrocelli on behalf of Sirius XM Radio, Inc.. (Petrocelli, Daniel) (Entered: 11/19/2014)
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| 95 |
Filed: 11/19/2014, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 92 Motion for Robert M. Schwarz to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/19/2014) (kgo) (Entered: 11/19/2014)
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| 94 |
Filed: 11/19/2014, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 90 Motion for Daniel M. Petrocelli to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/19/2014) (kgo) (Entered: 11/19/2014)
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| 93 |
Filed: 11/19/2014, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 91 Motion for Victor H. Jih to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/19/2014) (kgo) (Entered: 11/19/2014)
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| 92 |
Filed: 11/18/2014, Entered: None |
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MOTION for Robert M. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10327247. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Text of Proposed Order)(Schwartz, Robert) (Entered: 11/18/2014)
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| 91 |
Filed: 11/18/2014, Entered: None |
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MOTION for Victor H. Jih to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10327246. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Text of Proposed Order)(Jih, Victor) (Entered: 11/18/2014)
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| 90 |
Filed: 11/18/2014, Entered: None |
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MOTION for Daniel M. Petrocelli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10327242. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Text of Proposed Order)(Petrocelli, Daniel) (Entered: 11/18/2014)
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| 89 |
Filed: 11/18/2014, Entered: None |
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STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, and Pursuant to Local Civil Rule 1.4 for the Southern District of New York, that the law firm of O'Melveny & Myers LLP is hereby substituted in place of the law firms of Weil, Gotshal & Manges LLP and Kramer Levin Naftalis & Frankel LLP as counsel of record for Defendant Sirius XM Radio, Inc. in the above-captioned action. A supporting declaration is attached hereto pursuant to Local Civil Rule 1.4. PLEASE TAKE NOTICE that all pleadings, notices of hearing and other filings in this matter should be served upon the following incoming counsel herein. SO ORDERED (Signed by Judge Colleen McMahon on 11/18/2014) (kgo) (Entered: 11/18/2014)
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 88 |
Filed: 11/14/2014, Entered: None |
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION FORSUMMARY JUDGMENT denying 46 Motion for Summary Judgment. For the foregoing reasons herein, Sirius's motion for summary judgment is DENIED. The Clerk of the Court is directed to remove Docket #46 from the Court's list of pending motions. Sirius is ORDERED to advise the Court by Friday, December 5 of any remaining disputes of material fact that would require a trial. Otherwise, the Court will enter summary judgment in favor of Flo and Eddie as to liability and proceed to an inquest on damages. (Signed by Judge Colleen McMahon on 11/14/2014) (kgo) (Additional attachment(s) added on 11/17/2014: # 1 order) (mde). (Entered: 11/14/2014)
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| 87 |
Filed: 10/17/2014, Entered: None |
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RESPONSE re: 86 Notice (Other) TO PLAINTIFFS NOTICE OF FILING ORDER GRANTING CAPITOL RECORDS MOTION FOR JURY INSTRUCTION. Document filed by Sirius XM Radio, Inc.. (Rich, Robert) (Entered: 10/17/2014)
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| 86 |
Filed: 10/17/2014, Entered: None |
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NOTICE of FILING ORDER GRANTING CAPITOL RECORDS' MOTION FOR JURY INSTRUCTION. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit A)(Geller, Harvey) (Entered: 10/17/2014)
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| 85 |
Filed: 10/15/2014, Entered: None |
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NOTICE of of Filing of Motion to Certify the September 22, 2014 Order of the Court in Flo & Eddie, Inc v. Sirius XM Radio, Inc., CV 13-5693 PSG (RZX) (C.D. Cal.) for Appeal. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit A)(Rich, Robert) (Entered: 10/15/2014)
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| 84 |
Filed: 9/24/2014, Entered: 9/24/2014 |
~Notice (other) |
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| 83 |
Filed: 8/13/2014, Entered: 8/13/2014 |
Declaration in Support of Motion |
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DECLARATION of Terrence R. Smith in Support re: 46 MOTION for Summary Judgment .. Document filed by Sirius XM Radio, Inc.. (Rich, Robert) (Entered: 08/13/2014)
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| 82 |
Filed: 8/13/2014, Entered: 8/13/2014 |
Declaration in Support of Motion |
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DECLARATION of John R. Gerba in Support re: 46 MOTION for Summary Judgment .. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rich, Robert) (Entered: 08/13/2014)
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| 81 |
Filed: 8/13/2014, Entered: 8/13/2014 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment . . Document filed by Sirius XM Radio, Inc.. (Rich, Robert) (Entered: 08/13/2014)
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| 80 |
Filed: 7/15/2014, Entered: 7/15/2014 |
Declaration in Opposition to Motion |
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Request |
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| 79 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 78 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 77 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 76 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 75 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 74 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 73 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 72 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 71 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 70 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 69 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 68 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 67 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 66 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 65 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 64 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 63 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 62 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 61 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 60 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 59 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 58 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Counter Statement to Rule 56.1 |
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| 57 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Declaration in Opposition to Motion |
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| 56 |
Filed: 7/11/2014, Entered: 7/11/2014 |
Memorandum of Law in Opposition to Motion |
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| 55 |
Filed: 6/18/2014, Entered: 6/18/2014 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by Sirius XM Radio, Inc.. (Marks, Benjamin) (Entered: 06/18/2014)
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Request |
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| 54 |
Filed: 6/18/2014, Entered: 6/18/2014 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment . . Document filed by Sirius XM Radio, Inc.. (Marks, Benjamin) (Entered: 06/18/2014)
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 53 |
Filed: 6/18/2014, Entered: 6/18/2014 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Colleen McMahon, from Todd Larson dated 6/17/2014, re: As set forth above these documents were filed under seal on May 30, 2014, pursuant to the protective order in this matter. Redacted versions were publicly filed via the ECF system with the docket numbers 47 and 48, respectively - request permission to have the originally filed documents removed from the ECF System. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 6/18/2014) (ja) (Entered: 06/18/2014)
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| 52 |
Filed: 5/30/2014, Entered: 6/2/2014 |
Sealed Document + |
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Request |
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| 51 |
Filed: 5/30/2014, Entered: 5/30/2014 |
Declaration in Support of Motion |
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DECLARATION of Terrence R. Smith in Support re: 46 MOTION for Summary Judgment .. Document filed by Sirius XM Radio, Inc.. (Marks, Benjamin) (Entered: 05/30/2014)
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Request |
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| 50 |
Filed: 5/30/2014, Entered: 5/30/2014 |
Declaration in Support of Motion |
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DECLARATION of David J. Frear in Support re: 46 MOTION for Summary Judgment .. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Marks, Benjamin) (Entered: 05/30/2014)
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Request |
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| 49 |
Filed: 5/30/2014, Entered: 5/30/2014 |
Declaration in Support of Motion |
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DECLARATION of John R. Gerba in Support re: 46 MOTION for Summary Judgment .. Document filed by Sirius XM Radio, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Errata 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33)(Marks, Benjamin) (Entered: 05/30/2014)
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Request |
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| 48 |
Filed: 5/30/2014, Entered: 5/30/2014 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment . . Document filed by Sirius XM Radio, Inc.. (Marks, Benjamin) (Entered: 05/30/2014)
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| 47 |
Filed: 5/30/2014, Entered: 5/30/2014 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by Sirius XM Radio, Inc.. (Marks, Benjamin) (Entered: 05/30/2014)
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Request |
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| 46 |
Filed: 5/30/2014, Entered: 5/30/2014 |
Motion for Summary Judgment |
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MOTION for Summary Judgment . Document filed by Sirius XM Radio, Inc.. Responses due by 7/11/2014(Marks, Benjamin) (Entered: 05/30/2014)
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Request |
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| 45 |
Filed: 5/15/2014, Entered: 5/15/2014 |
Order on Motion for Extension of Time |
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MEMO ENDORSEMENT on UNOPPOSED MOTION TO EXTEND TIME TO FILE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF'S OPPOSITION, AND DEFENDANT'S REPLY BRIEF granting 44 Motion for Extension of Time. ENDORSEMENT: OK - granted GAVEL. (Signed by Judge Colleen McMahon on 5/14/2014) (ja) (Entered: 05/15/2014)
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Request |
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| 44 |
Filed: 5/12/2014, Entered: 5/12/2014 |
Motion for Extension of Time |
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MOTION for Extension of Time for Summary Judgment. Document filed by Sirius XM Radio, Inc..(Rich, Robert) (Entered: 05/12/2014)
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Request |
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| 43 |
Filed: 4/30/2014, Entered: 4/30/2014 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Colleen McMahon, from Benjamin E. Marks, dated 4/30/2014, re: Plaintiff's counsel is attempting to block Sirius XM from taking the deposition of Plaintiff's licensing agent, third-party Orchard Enterprises NY, Inc. ("Orchard"). ENDORSEMENT: The depositions noticed prior to 4/3 must proceed as scheduled and plaintiff's lawyer MUST attend. (Signed by Judge Colleen McMahon on 4/30/2014) (ja) (Entered: 04/30/2014)
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| 42 |
Filed: 4/17/2014, Entered: 4/17/2014 |
Response to Discovery |
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RESPONSE to Discovery Request from FLO & EDDIE, INC..Document filed by Flo & Eddie, Inc.(Marzano, Maryann) (Entered: 04/17/2014)
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Request |
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| 41 |
Filed: 4/15/2014, Entered: 4/15/2014 |
Protective Order |
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STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 4/15/2014) (ja) (Entered: 04/15/2014)
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Request |
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| 40 |
Filed: 4/11/2014, Entered: 4/11/2014 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Harvey W. Gellar dated 4/10/2014 re: Response to defendant's letter. ENDORSEMENT: I adopt the schedule & page limits set forth in this letter. ( Brief due by 5/23/2014. Reply to Response to Brief due by 8/5/2014. Responses to Brief due by 7/3/2014) (Signed by Judge Colleen McMahon on 4/11/2014) (ajs) (Entered: 04/11/2014)
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Request |
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| 39 |
Filed: 3/25/2014, Entered: 3/25/2014 |
Order on Motion to Dismiss |
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ORDER finding as moot 15 Motion to Dismiss. Plaintiff Flo & Eddie, Inc. brought this putative class action against Defendants Sirius XM Radio, Inc., and "Does 1 through 10," alleging common law copyright infringement and unfair competition under New York Law. On October 28, 2013, Sirius moved to dismiss the complaint; on November 13, 2013, Flo & Eddie filed an amended complaint. Sirius's motion to dismiss is now moot. The Clerk of the Court is directed to remove Docket No. 15 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 3/25/2014) Copies Sent By Chambers. (ja) (Entered: 03/25/2014)
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| 38 |
Filed: 1/30/2014, Entered: 1/30/2014 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 37 Motion for Harvey Wayne Geller to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 1/30/2014) (mro) (Entered: 01/30/2014)
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Request |
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| 37 |
Filed: 1/29/2014, Entered: 1/29/2014 |
Motion to Appear Pro Hac Vice |
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MOTION for Harvey Wayne Geller to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9306608. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Geller, Harvey) (Entered: 01/29/2014)
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Request |
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| 36 |
Filed: 1/9/2014, Entered: 1/9/2014 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Joel Steven Schneck on behalf of Flo & Eddie, Inc. (Schneck, Joel) (Entered: 01/09/2014)
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Request |
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| 35 |
Filed: 1/7/2014, Entered: 1/7/2014 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Robert L. Rimberg on behalf of Flo & Eddie, Inc. (Rimberg, Robert) (Entered: 01/07/2014)
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Request |
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| 34 |
Filed: 12/6/2013, Entered: 12/6/2013 |
Answer to Amended Complaint |
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ANSWER to 32 Amended Complaint. Document filed by Sirius XM Radio, Inc..(Rich, Robert) (Entered: 12/06/2013)
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Request |
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| 33 |
Filed: 11/25/2013, Entered: 11/25/2013 |
Order for Initial Pretrial Conference |
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AMENDED CALENDAR NOTICE: Rule (16) Conference rescheduled for 1/10/2014 at 10:15 AM in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 11/25/2013) (ft) (Entered: 11/25/2013)
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Request |
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| 32 |
Filed: 11/13/2013, Entered: 11/19/2013 |
Amended Complaint |
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FIRST AMENDED COMPLAINT amending 1 Complaint against Sirius XM Radio, Inc., DOES 1 through 10 with JURY DEMAND.Document filed by Flo & Eddie, Inc. Related document: 1 Complaint filed by Flo & Eddie, Inc.(djc) (Entered: 11/19/2013)
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Request |
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| 31 |
Filed: 11/12/2013, Entered: 11/12/2013 |
Response in Opposition to Motion |
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RESPONSE in Opposition to Motion re: 15 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Flo & Eddie, Inc. (Allen, Robert) (Entered: 11/12/2013)
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Request |
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| 30 |
Filed: 11/7/2013, Entered: 11/7/2013 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Colleen McMahon from R. Bruce Rich dated 11/4/2013 re: Counsel writes on behalf of Sirius XM Radio Inc. to respond to the letter to the Court submitted by Plaintiff Flo & Eddie, Inc. on Friday, 11/1/2013. ENDORSEMENT: This letter was not necessary. I have responded to plaintiff. (Signed by Judge Colleen McMahon on 11/7/2013) (tro) (Entered: 11/07/2013)
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| 29 |
Filed: 11/4/2013, Entered: 11/5/2013 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Robert E. Allen, Esq. dated 11/1/2013 re: Plaintiff seeks clarification from this Court as to whether: (1) the Court will be holding a conference after the motion pursuant to option (c) above; (2) if such a conference will not be held, whether Plaintiff may amend its Complaint to address the alleged deficiencies identified by Defendant in its Motion (either pursuant to Section III(A)(4) above or Fed. R. Civ. Proc. 15(a)(1)(B)); and (3) whether the time for opposing Defendant's Motion is stayed until after Plaintiff has an opportunity to file a First Amended Complaint. ENDORSEMENT: I do not require a pre-motion conference. I do not do any of the procedures listed below. "May" is not "must". Defendant has no obligation to consent with you before availing itself of Rule 12(b). Respond to the motion. If the federal rules allow you to amend as of right you may amend. (Signed by Judge Colleen McMahon on 11/4/2013) (ft) Modified on 11/6/2013 (ft). (Entered: 11/05/2013)
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Request |
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| 28 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 22 Motion for Kristen L. Nelson to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/31/2013) (rjm) (Entered: 10/31/2013)
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Request |
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| 27 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 21 Motion for Rajika L. Shah to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/31/2013) (rjm) (Entered: 10/31/2013)
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Request |
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| 26 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 20 Motion for Larry S. Castruita to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/31/2013) (rjm) (Entered: 10/31/2013)
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Request |
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| 25 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 19 Motion for Henry Gradstein to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/31/2013) (rjm) (Entered: 10/31/2013)
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Request |
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| 24 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 18 Motion for Robert E. Allen to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/31/2013) (rjm) (Entered: 10/31/2013)
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Request |
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| 23 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE granting 17 Motion for Maryann R. Marzano to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/31/2013) (rjm) (Entered: 10/31/2013)
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Request |
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| 22 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Motion to Appear Pro Hac Vice |
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MOTION for Kristen L. Nelson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9026334. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate, # 2 Text of Proposed Order)(Nelson, Kristen) (Entered: 10/29/2013)
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Request |
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| 21 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Motion to Appear Pro Hac Vice |
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MOTION for Rajika L. Shah to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9026322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate, # 2 Text of Proposed Order)(Shah, Rajika) (Entered: 10/29/2013)
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Request |
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| 20 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Motion to Appear Pro Hac Vice |
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MOTION for Larry Steven Castruita to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9025753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Castruita, Larry) (Entered: 10/29/2013)
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Request |
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| 19 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Motion to Appear Pro Hac Vice |
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MOTION for Henry Daniel Gradstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9025686. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Gradstein, Henry) (Entered: 10/29/2013)
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Request |
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| 18 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Motion to Appear Pro Hac Vice |
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MOTION for Robert Edward Allen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9025517. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Allen, Robert) (Entered: 10/29/2013)
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Request |
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| 17 |
Filed: 10/29/2013, Entered: 10/29/2013 |
Motion to Appear Pro Hac Vice |
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MOTION for Maryann R. Marzano to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9025339. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marzano, Maryann) (Entered: 10/29/2013)
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Request |
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| 16 |
Filed: 10/28/2013, Entered: 10/28/2013 |
Memorandum of Law |
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MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Sirius XM Radio, Inc.. (Rich, Robert) (Entered: 10/28/2013)
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| 15 |
Filed: 10/28/2013, Entered: 10/28/2013 |
Motion to Dismiss |
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MOTION to Dismiss Plaintiff's Complaint. Document filed by Sirius XM Radio, Inc..(Rich, Robert) (Entered: 10/28/2013)
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Request |
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| 14 |
Filed: 10/28/2013, Entered: 10/28/2013 |
Memorandum of Law |
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FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Sirius XM Radio, Inc.. (Marks, Benjamin) Modified on 10/29/2013 (ka). (Entered: 10/28/2013)
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Request |
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| 13 |
Filed: 10/28/2013, Entered: 10/28/2013 |
Motion to Dismiss |
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FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION to Dismiss Plaintiff's Complaint. Document filed by Sirius XM Radio, Inc..(Marks, Benjamin) Modified on 10/29/2013 (ka). (Entered: 10/28/2013)
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Request |
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| 12 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 11 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 10 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 9 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 8 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 7 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 6 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Rule 7.1 Corporate Disclosure Statement |
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Request |
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| 5 |
Filed: 9/18/2013, Entered: 9/18/2013 |
Notice of Appearance |
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Request |
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| 4 |
Filed: 8/21/2013, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Flo & Eddie, Inc.(Crawford, Kathryn) (Entered: 08/21/2013)
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Request |
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| 3 |
Filed: 8/20/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Maryann R. Marzano to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8800462. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Flo & Eddie, Inc. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Marzano, Maryann) Modified on 8/20/2013 (bcu). (Entered: 08/20/2013)
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Request |
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| 1 |
Filed: 8/16/2013, Entered: None |
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COMPLAINT against Does, Sirius XM Radio, Inc. (Filing Fee $ 350.00, Receipt Number 465401074674)Document filed by Flo & Eddie, Inc.(jd) (jd). (Entered: 08/20/2013)
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