REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment. and in Opposition to Defendant's Cross-Motion for Summary Judgment. Document filed by Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation. (Attachments: # 1 Exhibit A thru L)(Mohraz, Andrew) (Entered: 08/14/2009)
DECLARATION of Audrey Amurao in Support re: 39 CROSS MOTION for Summary Judgment.. Document filed by Audrey Amurao. (Altman, Richard) (Entered: 08/14/2009)
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - CROSS MOTION for Summary Judgment Local Rule 56.1 Statement. Document filed by Audrey Amurao.(Altman, Richard) Modified on 8/25/2009 (fk). (Entered: 08/14/2009)
DECLARATION of Audrey Amurao in Support re: 39 CROSS MOTION for Summary Judgment.. Document filed by Audrey Amurao. (Altman, Richard) (Entered: 08/14/2009)
MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment.. Document filed by Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation. (Attachments: # 1 Exhibit A thru I)(Mohraz, Andrew) (Entered: 08/14/2009)
ORDER GRANTING SUBSTITUTION OF COUNSEL: UPON CONSIDERATION of Plaintiffs' Notice of Substitution of Counsel and Declaration in Support thereof and being fully advised in the premises IT IS HEREBY ORDERED that said substitution is GRANTED... re: 24 Notice of Substitution of Attorney,, filed by Motown Record Company, L.P., Atlantic Recording Corporation, Maverick Recording Company, Elektra Entertainment Group, Inc., Sony BMG Music Entertainment, Warner Bros. Records, Inc., Virgin Records America, Inc., Capitol Records, Inc., Lava Records, LLC, BMG Music, Arista Records LLC, UMG Recordings, Inc., Motions terminated:, Attorney Patrick Alan Train-Gutierrez for Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music and Atlantic Recording Corporation added. Attorney Effie Aquila Patrick; Victor Bruce Kao and Brian Eugene Moran terminated. SO ORDERED. (Signed by Judge Cathy Seibel on 08/10/2009) (gco) (Entered: 08/13/2009)
ENDORSED LETTER addressed to Judge Cathy Seibel from Paul Gusak dated 8/6/2009 re: In accordance with the advice of you clerk, enclosed herein please find a copy of the Notice of Substitution of Counsel along with all supporting documents, as filed via CM/ECF on April 20,2009.. ENDORSEMENT: Application Granted. Order granting substitution of counsel enclosed.. SO ORDERED (Signed by Judge Cathy Seibel on 8/10/2009) (rj) (Entered: 08/13/2009)
ENDORSED LETTER addressed to Your Honor from Richard A. Altman dated 8/7/2009 re: I represent the defendant and write to request a second extension of one week to file defendant's reply papers on her cross motion for summary judgment, which are presently due August 7..... ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Cathy Seibel on 8/7/2009) (rj) (Entered: 08/10/2009)
ENDORSED LETTER addressed to Your Honor from Richard A. Altman dated 7/30/2009 re: I represent the defendant and write to request an extension of one week to file defendant's reply papers on her motion for summary judgment, which are presently due July 31.. ENDORSEMENT: APPLICATION GRANTED.. SO ORDERED (Signed by Judge Cathy Seibel on 7/30/2009) (rj) (Entered: 08/03/2009)
LETTER addressed to Judge Cathy Seibel from Richard A. Altman dated 7/15/2009 re:....I would respectfully request that I be given two weeks after plaintiffs' opposition to submit a reply memorandum, or until July 31. (mml) (Entered: 07/17/2009)
LETTER addressed to Judge Cathy Seibel from Andrew B. Mohraz dated 7/15/2009 re:....To the extent that the Court might allow Defendant to file her cross-motion, Plaintiffs respectfully request that the Court reset the briefing schedule to allow Plaintiffs the opportunity to file a response.(mml) (Entered: 07/17/2009)
ENDORSED LETTER addressed to Judge Cathy Seibel from Richard A. Altman dated 7/15/2009 re: I apologize in advance for prolonging this minor procedural skirmish between counsel, but the false accusation that I violated the Court's briefing schedule and served a cross-motion 50 days late can't be ignored... ENDORSEMENT: Defendant may serve a 10-page reply to Plaintiffs opposition to Defendant's cross motion by by 7/31/2009. Plaintiff's 25 page opposition brief should also address the cross motion. SO ORDERED. (Signed by Judge Cathy Seibel on 7/16/2009) (mml) (Entered: 07/17/2009)
ENDORSED LETTER addressed to Judge Cathy Seibel from Andrew B. Mohraz dated 7/15/2009 re: I write on behalf of Plaintiffs in the above referenced matter to request permission to file a 25-page reply memorandum in support of Plaintiffs' Motion for Summary Judgment which is due Friday, July 17, 2009... ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Cathy Seibel on 7/15/2009) (mml) (Entered: 07/17/2009)
ENDORSED LETTER addressed to Judge Cathy Seibel from Andrew B. Mohraz dated 7/3/2009 re: I write on behalf of Plaintiffs in the above matter to request a 10 day extension to submit a reply memorandum in support of Plaintiffs' Motion for Summary Judgment (up to an including July 17,2009).. ENDORSEMENT: APPLICATION GRANTED.., ( Replies due by 7/17/2009.) SO ORDERED (Signed by Judge Cathy Seibel on 7/6/2009) (rj) (Entered: 07/10/2009)
ENDORSED LETTER addressed to Judge Cathy Seibel from Richard A. Altman dated 6/2/2009 re: I represent Defendant and am compelled to request a third extension of time to submit opposition papers on Plaintiffs' motion for summary judgment. ENDORSEMENT: Application Granted. No further extensions. SO ORDERED. (Signed by Judge Cathy Seibel on 6/2/2009) (mml) (Entered: 06/02/2009)
ENDORSED LETTER addressed to Judge Cathy Seibel from Richard A. Altman dated 5/19/2009 re: A response is presently due by May 20, and I ask that the date be extended by fourteen days, or until June 3, 2009, with an identical extension of plaintiffs' time to reply, until June 17. ENDORSEMENT: Application Granted. SO ORDERED., ( Replies due by 6/17/2009., Responses to Brief due by 6/3/2009) (Signed by Judge Cathy Seibel on 5/20/2009) (mml) (Entered: 05/20/2009)
ENDORSED LETTER addressed to Your Honor from Richard A. Altman dated 4/22/2009 re:...A response is presently due by April 30, and I ask that the date be extended for 20 days, or until May 20, with an identical extension of plaintiffs' time to reply, until June 3.. ENDORSEMENT: Application Granted.., ( Replies due by 6/3/2009., Responses due by 5/20/2009) SO ORDERED (Signed by Judge Cathy Seibel on 4/22/2009) (rj) (Entered: 04/23/2009)
NOTICE of Substitution of Attorney. Old Attorney: Robinson & Cole, LLP, New Attorney: Kaplan Landau, LLP, Address: Kaplan Landau, LLP, 26 Broadway, New York, New York, USA 10004, 212-593-1700. Document filed by Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation. (Attachments: # 1 Affidavit Declaration in Support of Order of Substitution of Counsel Pursuant to Local Rule 1.4, # 2 Text of Proposed Order Granting Substitution of Counsel, # 3 Affidavit of Service)(Kao, Victor) (Entered: 04/20/2009)
NOTICE OF APPEARANCE by Effie Aquila Patrick on behalf of Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation (Patrick, Effie) (Entered: 02/05/2009)
ENDORSED LETTER addressed to Dear Judge Seibel from Timothy M. Reynolds dated 01/21/2009 re:.......Plaintiff's request entry of the proposed order as submitted on January 16. To the extent the Court is inclined to grant Deft's. request, and include "privilege" review language in the protective order, Plaintiffs ask that deft. be ordered to bear the cost of any privilege review........ ENDORSEMENT: Deft., who has access to the computer, has not identified any privileged material that may exist or it, and thus has not established a need or rationale for the expense and delay deft's. proposed language would entail. Accordingly the Court will enter the order as proposed by plaintiff's.. (Signed by Judge Cathy Seibel on 1/28/2009) (jma) (Entered: 01/29/2009)
PROTECTIVE ORDER: In connection with the Court's December 22, 2008 Order granting Plaintiffs' motion for inspection of Defendant Audrey Amurao's computer hard drive under Fed. R. Civ. P. 34... SO ORDERED. (Signed by Judge Cathy Seibel on 01/28/2009) (gco) (Entered: 01/29/2009)
SCHEDULING ORDER: Initial Conference set for 2/6/2009 at 10:30 AM before Judge Paul Davison. (Signed by Magistrate Judge Paul E. Davison on 1/23/09) (fk) (Entered: 01/26/2009)
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Paul E. Davison, Magistrate Judge Mark D. Fox no longer referred to the case. (Attachments: # 1 List of Cases for Reassignment) (mj) (Entered: 01/21/2009)
ORDER granting 15 Motion for Timothy M. Reynolds to Appear Pro Hac Vice SO ORDERED.. (Signed by Judge Cathy Seibel on 12/30/2008) (rj) (Entered: 01/05/2009)
ORDER granting 16 Motion for Andrew B. Mohrz to Appear Pro Hac Vice SO ORDERED.. (Signed by Judge Cathy Seibel on 12/30/2008) (rj) (Entered: 01/05/2009)
MOTION for ANDREW B. MOHRAZ to Appear Pro Hac Vice. Document filed by Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation.(gco) (Entered: 12/29/2008)
MOTION for TIMOTHY M. REYNOLDS to Appear Pro Hac Vice. Document filed by Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation.(gco) (Entered: 12/29/2008)
ENDORSED LETTER addressed to Dear Judge Seibel from Victor B. Kao dated 12/8/2008 re:.........Plaintiffs request an adjournent of the conference set for Dec. 16, 2008 at 10:00am......... ENDORSEMENT: ENDORSED, Conference adjourned to Dec. 22, 2008 at 9:30am. Discovery issues to be taken up at the conference. SO ORDERED.. (Signed by Judge Cathy Seibel on 12/9/2008) (jma) (Entered: 12/15/2008)
NOTICE OF COURT CONFERENCE: Conference set for 12/16/2008 at 10:00 AM before Judge Cathy Seibel.A Conference will be held before this Court on December 16,2008, 10:00 am, at the Charles L. Brieant, Jr. United States Courthouse, 300 Quarropas Street Courtroom 218, White Plains, NY 10601. (rj) (Entered: 12/01/2008)
NOTICE of Court Conference: Case Management Conference set for 12/16/2008 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (fk) (Entered: 12/01/2008)
ENDORSED LETTER addressed to Hon. Cathy Seibel from Richard A. Altman dated 08/13/2008 re:.....requesting that the action be transferred to Foley Square. I am enclosing a copy of the letter, and would respectfully request that Your Honor consider the points made in the letter and transfer the case..... ENDORSEMENT: Request denied. Claim resides in Northern Counties, and at least one party resides here. Local Rule 21 a. SO ORDERED.. (Signed by Judge Cathy Seibel on 08/20/2008) (jma)
NOTICE From: Judge Mark D. Fox, USMJ, To: All Litigants Effective August 6, 2008, The Hon. Mark D. Fox, USMJ will be retiring from the bench, all cases referred to him will be maintained and monitored by his Courtroom Deputy Ed. Modugno until a new Magistrate Judge is in place. In case of extensions of time, discovery disputes, etc. you can contact Mr. Modugno, at 914-390-4127 he will arrange for another Magistrate Judge to handle the matter. (Mark D. Fox U.S. Magistrate Judge) (mj)
ORDER... In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes:... So Ordered (Signed by Magistrate Judge Mark D. Fox on 7/8/08) Copies Handed To Counsel By Chambers.(fk)
WAIVER OF SERVICE RETURNED EXECUTED. Audrey Amurao waiver sent on 6/30/2008, answer due 8/29/2008. Document filed by Maverick Recording Company; Elektra Entertainment Group, Inc.; Virgin Records America, Inc.; Motown Record Company, L.P.; Lava Records, LLC; Warner Bros. Records, Inc.; Capitol Records, Inc.; UMG Recordings, Inc.; Sony BMG Music Entertainment; Arista Records LLC; BMG Music; Atlantic Recording Corporation. (Moran, Brian)
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Filed: 7/7/2008, Entered: 7/9/2008
Pretrial Conference - Initial
Minute Entry for proceedings held before Magistrate Judge Mark D. Fox: Initial Pretrial Conference held on 7/7/2008. Discovery cutoff 12/17/08 including experts. Deft. has until 8/20/2008 for answer or motion to dismiss. Discovery practice order ECF to parties. Designate ECF Case. Adjourned without date. (jma)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for All Purposes. Referred to Magistrate Judge Mark D. Fox. (Signed by Magistrate Judge Mark D. Fox on 6/23/08) (fk)
ORDER FOR COURT CONFERENCE:... Case Management Conference set for 6/27/2008 at 09:15 AM before Judge Charles L. Brieant. SO ORDERED. (Signed by Judge Charles L. Brieant on 05/07/2008) (gco)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Diamond Music LLC, Atlantic Recording Corporation, Warner Music Group Corp., Maltby Capital Limited, Vivendi S.A., USCO Holdings, Inc., BeSo Holding LLC, Arista Holding, Inc., Zomba US Holdings, Inc., Bertelsman AG, Sony BMG Music Entertainment, Sony Corporation, BMG Music, Ariola Eurodisc LLC, and SR/MDM Venture, Inc. as Corporate Parent. Document filed by Maverick Recording Company, Elektra Entertainment Group, Inc., Virgin Records America, Inc., Motown Record Company, L.P., Lava Records, LLC, Warner Bros. Records, Inc., Capitol Records, Inc., UMG Recordings, Inc., Sony BMG Music Entertainment, Arista Records LLC, BMG Music, Atlantic Recording Corporation.(gco)
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