STIPULATION AND ORDER REGARDING CLASS CERTIFICATION BRIEFING AND DISCOVERY SCHEDULE: THEREFORE, IT IS HEREBY ORDERED: 1. Defendants shall file their opposition to Plaintiffs' Motion for Class Certification by no later than June 3, 2016. The page limit for the opposition shall be extended to 50 pages. 2. Plaintiffs shall complete any depositions or other discovery Plaintiffs have sought or may seek (either agreed to by Defendants or authorized by the Court) that is reasonably related to replying to Defendants' opposition, and shall file their reply by no later than September 26, 2016. (As further set forth in this Order) (Deposition due by 9/26/2016., Discovery due by 9/26/2016., Responses due by 6/3/2016, Replies due by 9/26/2016.) (Signed by Judge Loretta A. Preska on 3/16/2016) (kl) (Entered: 03/16/2016)
ORDER FOR ADMISSION PRO HAC VICE granting 341 Motion for Keith Essenmacher to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 1/8/2016) (cf) (Entered: 01/08/2016)
MEMO ENDORSEMENT on re: 342 Letter filed by David Paschkett. ENDORSEMENT: SO ORDERED. Case stayed. (Signed by Judge Loretta A. Preska on 12/22/2015) (tn) (Entered: 12/22/2015)
LETTER addressed to Judge Loretta A. Preska from Alexandra S. Bernay on behalf of all parties dated December 21, 2015 re: Mediation. Document filed by David Paschkett.(Bernay, Alexandra) (Entered: 12/21/2015)
MOTION for Keith Essenmacher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11760642. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Paschkett, David Paschkett(on behalf of all others similarly situated). (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Goodstanding.)(Lovell, Christopher) (Entered: 12/21/2015)
JOINT LETTER addressed to Judge Loretta A. Preska from the Parties dated November 13, 2015 re: proposed agreed order related to former named plaintiff Andrew Edenbaum. Document filed by David Paschkett. (Attachments: # 1 Text of Proposed Order)(Bernay, Alexandra) (Entered: 11/13/2015)
JOINT LETTER addressed to Judge Loretta A. Preska from All Parties dated November 4, 2015 re: Call with Court on November 9, 2015. Document filed by David Paschkett.(Bernay, Alexandra) (Entered: 11/04/2015)
STIPULATION AND ORDER REGARDING AMENDED ANSWERS TO FOURTH CONSOLIDATED AMENDED COMPLAINT. IT IS HEREBY ORDERED: 1. Defendants shall file Amended Answers by November 3, 2015. 2. Such Amended Answers shall be the clean version of the redlined drafts proffered to Plaintiffs for their review in the course of the meet-and-confer, but Defendants may make necessary non-substantive changes (i.e., to correct the name of the document or to correct typographical errors). 3. Plaintiffs' pre-motion letter requesting a 12(f) Motion is withdrawn. This Order is without prejudice to the right of any party to seek a modification of this Order, for good cause shown. (Signed by Judge Loretta A. Preska on 11/4/2015) (rjm) (Entered: 11/04/2015)
LETTER addressed to Judge Loretta A. Preska from Melinda E. LeMoine on behalf of all parties dated November 2, 2015 re: Stipulation regarding Plaintiffs' proposed motion to strike portions of Defendants' Answers. Document filed by Capitol-EMI Music, Inc., Universal Music Group Recordings, Inc., Virgin Records America, Inc.. (Attachments: # 1 Exhibit A)(Lemoine, Melinda) (Entered: 11/02/2015)
LETTER addressed to Judge Loretta A. Preska dated 10.27.2015 re: In re Digital Music Antitrust Litigation; reply to Dkt. No. 330. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 10/27/2015)
331
Filed: 10/27/2015, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 10/27/2015)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis, on behalf of Defendants' counsel dated Oct. 26, 2015 re: Dkt. 325. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 10/26/2015)
LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defendants) dated October 23, 2015 re: reply to Plaintiffs' October 22, 2015 letter. Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 10/23/2015)
LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Alexandra S. Bernay and Craig Essenmacher dated October 22, 2015 re: 324 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defendants) dated October 20, 2015. . Document filed by David Paschkett(on behalf of all others similarly situated). (Attachments: # 1 Exhibit 1)(Bernay, Alexandra) (Entered: 10/22/2015)
LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defendants) dated October 20, 2015 re: pre-motion letter. Document filed by Warner Music Group Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Redacted), # 3 Exhibit 3 (Redacted), # 4 Exhibit 4, # 5 Exhibit 5 (Redacted))(Youngwood, Jonathan) (Entered: 10/22/2015)
SEALED DOCUMENT placed in vault.(mps) (Entered: 10/21/2015)
325
Filed: 10/21/2015, Entered: None
FIRST LETTER addressed to Judge Loretta A. Preska from Christopher Lovell dated 10/21/15 re: Request for pre-motion conference. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 10/21/2015)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defendants) dated October 20, 2015. Document filed by Warner Music Group Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Redacted), # 3 Exhibit 3 (Redacted), # 4 Exhibit 4, # 5 Exhibit 5 (Redacted))(Youngwood, Jonathan) (Entered: 10/20/2015)
MOTION to Amend/Correct 227 MOTION to Certify Class. Revised Appendix A. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 10/14/2015)
ANSWER to 319 Amended Complaint,,. Document filed by EMI Group North America, Inc., Universal Music Group Recordings, Inc..(Klaus, Kelly) (Entered: 10/09/2015)
FOURTH AMENDED COMPLAINT amending 159 Amended Complaint,, against Capitol Records Inc., EMI Music North America, Sony BMG Music Entertainment, Universal Music Group Recordings, Inc., Warner Music Group Corp. with JURY DEMAND.Document filed by Rachael Hall, David Paschkett, J. NEWTON MICHAEL, Kathryn Elizabeth Kelly, Richard Benham, SHAWN SELLERS. Related document: 159 Amended Complaint,, filed by Keaton Landry, Andrew Edenbaum, Sheri Clark, Mitchell Horton, Christopher Michaud, Cato Thornton, Kevin Starr, Cindy Seley, Lisa Owens, Matt Putman, Richard Benham, Rachael Hall.(Lovell, Christopher) (Entered: 09/25/2015)
STIPULATION AND ORDER REGARDING LEAVE TO FILE AMENDED COMPLAINT. IT IS HEREBY ORDERED: 1. Plaintiffs are granted leave to file their Fourth Consolidated Amended Complaint with the Court. 2. Plaintiffs and Defendants reserve their respective positions with respect to those issues in the ninth and tenth WHEREAS clauses above. 3. Plaintiff's Motion for leave to file their Consolidated Complaint (Dkt. 316) is withdrawn. This Order is without prejudice to the right of any party to seek a modification of this Order, for good cause shown. (Signed by Judge Loretta A. Preska on 9/20/2015) (rjm) (Entered: 09/21/2015)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis, on behalf of Defendants' counsel dated Sept. 10, 2015 re: Plaintiffs' Pre-Motion Ltr. seeking to file Amended Complaint (Dkt. 316). Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 09/10/2015)
LETTER addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated 09/04/2015 re: Request for pre-motion conference to discuss Plaintiffs' anticipated motion to file the Consolidated Amended Complaint.. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 09/04/2015)
NOTICE of Appearance of David Pastor. Document filed by Shannon Corkery(Individually, and on behalf of all others similarly situated). (Stone, Ralph) (Entered: 07/08/2015)
NOTICE OF APPEARANCE by Susannah Sidney Geltman on behalf of Warner Music Group Corp.. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Geltman, Susannah) (Entered: 06/02/2015)
ORDER. Having reviewed the parties' joint letter of March 17 [dkt. no. 312], it is hereby ORDERED: 1) the deadline for Proposed Class Representatives to produce all court-ordered documents and digital music files is April 29, 2015; 2) the deadline for Proposed Class Representatives to sit for depositions is July 29, 2015; and 3) after Plaintiffs have complied with their discovery obligations, the parties shall meet and confer as to whether there is an amended complaint to which they can stipulate in accordance with this Court's prior orders and, if not, shall present any dispute to the Court. (Deposition due by 7/29/2015.) (Signed by Judge Loretta A. Preska on 4/6/2015) (rjm) (Entered: 04/06/2015)
JOINT LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood dated March 17, 2015 re: In response to the Courts Order dated March 2, 2015 (Dkt. No. 311)[ON BEHALF OF ALL PLAINTIFFS AND ALL DEFENDANTS]. Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 03/17/2015)
ORDER. The motions before the Court are disposed of as follows: (1) Plaintiffs' motion [dkt. no. 225] is DENIED until the Class Representatives comply with this Court's earlier orders requiring discovery; (2) Plaintiff Putnam's motion [dkt. no. 266] is similarly DENIED until Mr. Putnam complies with the Court's earlier orders requiring discovery; (3) Plaintiff Owens' motion [dkt. no. 278] is DENIED; (4) Plaintiffs' motion [dkt. no. 291] is GRANTED, and Count III is dismissed with prejudice; (5) Plaintiffs' motion [dkt. no. 294] is DENIED; (6) Plaintiffs' Motion [dkt. no. 298] is DENIED insofar as Ms. Nordlinger will not be added as the Class Representative for California until the current Class Representatives comply with this Court's earlier orders requiring discovery, and is further DENIED insofar as it seeks amend the Consolidated Amended Complaint to add Ushi Halberstam as a class representative from New York. This Order renders premature Plaintiffs' request for a pre-motion conference for anticipated motions to amend the class certification motion and set a new briefing schedule [dkt. nos. 308, 310] - these issues will be addressed after Plaintiffs have complied with their discovery obligations. The parties are instructed to confer and inform the Court by letter by March 17, 2015, how they propose to proceed. The parties should set forth a proposed revised schedule for providing discovery and deposing the proposed class representatives, and should advise the Court whether the motion for class certification [dkt. no. 227] should be deemed stale. (Signed by Judge Loretta A. Preska on 3/2/2015) (rjm) (Entered: 03/05/2015)
LETTER addressed to Judge Loretta A. Preska from Merrick S. Rayle dated February 11, 2015 re: Reply to Defendants Response to Pre-Motion Letter. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 02/11/2015)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis, on behalf of all Defendants' Counsel dated February 10, 2015 re: Plaintiffs' letter (Dkt 308) seeking a pre-motion conference regarding their proposed motion for leave to file an amended class certification motion. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 02/10/2015)
LETTER addressed to Judge Loretta A. Preska from Merrick S. Rayle dated February 6, 2015 re: Class Certification. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 02/06/2015)
ORDER granting 305 Motion to Withdraw as Attorney. SO ORDERED. Attorney Bonny E. Sweeney terminated. (Signed by Judge Loretta A. Preska on 1/30/2015) (ajs) (Entered: 01/30/2015)
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF COUNSEL (73 in 1:06-cv-06284-LAP, 304 in 1:06-md-01780-LAP) Notice (Other) filed by Scott Ruth. ENDORSEMENT: SO ORDERED. Attorney Wendy J Harrison terminated. (Signed by Judge Loretta A. Preska on 1/30/2015) (ajs) (Entered: 01/30/2015)
NOTICE of Withdrawal of Counsel. Document filed by Scott Ruth. Filed In Associated Cases: 1:06-md-01780-LAP, 1:06-cv-06284-LAP(Harrison, Wendy) (Entered: 12/16/2014)
LETTER addressed to Judge Loretta A. Preska from Merrick S. Rayle dated 9/15/2014 re: Re: Reply to Defendants' Response. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 12/15/2014)
LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defense Counsel) dated December 12, 2014 re: Response to Plaintiffs Status Letter. Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 12/12/2014)
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated September 22, 2014 re: 298 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated September 16, 2014. . Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 09/22/2014)
LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defense Counsel) dated September 19, 2014 re: 298 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated September 16, 2014. . Document filed by Warner Music Group Corp.. (Youngwood, Jonathan) (Entered: 09/19/2014)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated September 16, 2014. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 09/16/2014)
FIRST REPLY MEMORANDUM OF LAW in Support OF MOTION FOR RECONSIDERATION OF THE COURTS PRIOR AUGUST 11, 2014 ORDER. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 09/02/2014)
OPPOSITION BRIEF re: 294 Memorandum of Law in Support, 293 Notice (Other) . Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 08/29/2014)
FIRST MEMORANDUM OF LAW in Support of Motion for Reconsideration. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 08/22/2014)
NOTICE of Motion for Reconsideration. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 08/22/2014)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis, on behalf of all Defense counsel dated August 21, 2014 re: Response to Dkt 291. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 08/21/2014)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated 8/18/14. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 08/18/2014)
ORDER: The Court has reviewed the parties' submissions concerning unclean hands and in pari delicto [dkt. nos. 288, 289). At the very least, illegal downloading may be relevant to defenses under the laws of several states as well as potential offsetting of damages. Accordingly, the remaining proposed class representatives shall make productions of illegal downloading evidence as previously ordered. To the extent that Defendants feel the need to depose any of the remaining proposed class representatives on this issue, Defendants' counsel shall confer with Plaintiffs' counsel and report any disagreement to Court. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/11/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ajs) (Entered: 08/12/2014)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis, on behalf of all Defense counsel dated August 1, 2014 re: in response to the Court's July 23, 2014 Order (Dkt. 287). Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 08/01/2014)
ORDER: By letters submitted no later than August 1, 2014, parties shall inform the Court as to their views on whether Defendants may assert unclean hands or in pari delicto defenses to Plaintiffs' claims of unjust enrichment or those brought under state antitrust laws. (Signed by Judge Loretta A. Preska on 7/23/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ajs) (Entered: 07/23/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/7/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/18/2014)
TRANSCRIPT of Proceedings re: ARGUMENT held on 7/7/2014 before Judge Loretta A. Preska. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/11/2014. Redacted Transcript Deadline set for 8/21/2014. Release of Transcript Restriction set for 10/20/2014.(Rodriguez, Somari) (Entered: 07/18/2014)
LETTER addressed to Judge Loretta A. Preska from Melinda LeMoine dated July 17, 2014 re: Reply to Plaintiffs' July 16, 2014 Letter. Document filed by Capitol Records, LLC, EMI Group North America, Inc., Sony Music Entertainment, Universal Music Group Recordings, Inc., Virgin Records America, Inc., Warner Music Group Corp..(Lemoine, Melinda) (Entered: 07/17/2014)
LETTER addressed to Judge Loretta A. Preska from Alexandra S. Bernay and Craig Essenmacher dated July 16, 2014 re: Response to Dkt No. 282 regarding Status of the Seven Remaining Disputed Proposed Class Representatives. Document filed by David Paschkett. (Attachments: # 1 Exhibit A (Text of Proposed Order), # 2 Exhibit B)(Bernay, Alexandra) (Entered: 07/16/2014)
LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of all Defense Counsel) dated 07/11/2014 re: Status of the Seven Remaining Disputed Proposed Class Representatives (with Exhibit A - Proposed Order). Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 07/11/2014)
MEMO ENDORSEMENT on re: 280 Letter, filed by Sony Music Entertainment. ENDORSEMENT: SO ORDERED. (Brief due by 7/11/2014. Reply to Response to Brief due by 7/17/2014. Responses to Brief due by 7/16/2014) (Signed by Judge Loretta A. Preska on 7/10/2014) (ajs) (Entered: 07/11/2014)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis, on behalf of all Defense counsel dated July 9, 2014 re: Briefing Schedule regarding the status of the remaining disputed Proposed Class Representatives. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 07/09/2014)
ORDER FOR ADMISSION PRO HAC VICE granting 275 Motion for Blake Muir Harper to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 7/7/2014) (ajs) (Entered: 07/07/2014)
LETTER MOTION for Conference re: 273 Order, Set Hearings,,,,,,,,,,,,,,,,,, addressed to Judge Loretta A. Preska from Blake Muir Harper dated 07/03/2014. Document filed by Lisa Owens.(Harper, Blake) (Entered: 07/03/2014)
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Jonathan K. Youngwood on behalf of counsel for all Defendants (with Exhibits 1-3) [REDACTED] dated July 2, 2014 re: 272 LETTER MOTION for Local Rule 37.2 Conference (with Exhibit A) addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of counsel for all Defendants) dated June 26, 2014. . Document filed by Warner Music Group Corp.. (Youngwood, Jonathan) (Entered: 07/02/2014)
MOTION for Blake Muir Harper to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lisa Owens. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(Harper, Blake) (Entered: 07/02/2014)
LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Alexandra S. Bernay and Craig M. Essenmacher dated July 1, 2014 re: 272 LETTER MOTION for Local Rule 37.2 Conference (with Exhibit A) addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of counsel for all Defendants) dated June 26, 2014. . Document filed by David Paschkett(on behalf of all others similarly situated). (Attachments: # 1 Exhibit A-F)(Bernay, Alexandra) (Entered: 07/01/2014)
ORDER re: (270 in 1:06-md-01780-LAP) Letter, filed by EMI NA Holdings, Inc., EMI Group North America, Inc., Universal Music Group Recordings, Inc., Capitol-EMI Music, Inc., (264 in 1:06-md-01780-LAP) LETTER MOTION for Local Rule 37.2 Conference regarding withdrawal of plaintiff Lisa Owens and in Opposition to the June 9, 2014 Letter Motion (Dkt No. 263) addressed to Judge Loretta A. Preska from Blake M. Harper dated June 11, 2014. filed by Lisa Owens, (271 in 1:06-md-01780-LAP) Response in Opposition to Motion, filed by David Paschkett, (268 in 1:06-md-01780-LAP) Letter, filed by EMI NA Holdings, Inc., EMI Group North America, Inc., Universal Music Group Recordings, Inc., Capitol-EMI Music, Inc., (263 in 1:06-md-01780-LAP) LETTER MOTION for Local Rule 37.2 Conference regarding a deposition scheduling issue addressed to Judge Loretta A. Preska from Melinda E. LeMoine dated June 9, 2014. filed by EMI NA Holdings, Inc., Capitol Records Inc., EMI Group PLC, Capitol-EMI Music, Inc., Sony Music Entertainment, Bertelsmann Music Group, Inc., Virgin Records America, Inc., EMI Group North America, Inc., Capitol Records, Inc., Bertelsmann, Inc., BMG Music, John Does 1-100, Sony Corporation of America, EMI Music North America, Sony BMG Music Entertainment, Time Warner Inc., Capitol Records, LLC, Universal Music Group Recordings, Inc., Universal Music Group, Warner Music Group Corp., (269 in 1:06-md-01780-LAP) Reply to Response to Motion, filed by Matt Putman, (266 in 1:06-md-01780-LAP) LETTER MOTION for Conference regarding anticipated motion for withdrawal of plaintiff Matthew Putman addressed to Judge Loretta A. Preska from George C. Aguilar dated 6/16/2014. filed by Matt Putman. Because there has been no affidavit made on personal knowledge concerning Owens's situation, Owens shall make production as ordered and appear for deposition in either the Southern District of New York or the Central District of California. A conference on Putman's proposed motion shall be held telephonically at 3:30p.m. on July 7, 2014. Parties shall call chambers jointly. ( Telephone Conference set for 7/7/2014 at 03:30 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 6/30/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ajs) (Entered: 06/30/2014)
LETTER MOTION for Local Rule 37.2 Conference (with Exhibit A) addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of counsel for all Defendants) dated June 26, 2014. Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 06/26/2014)
RESPONSE in Opposition to Motion re: 263 LETTER MOTION for Local Rule 37.2 Conference regarding a deposition scheduling issue addressed to Judge Loretta A. Preska from Melinda E. LeMoine dated June 9, 2014. . Document filed by David Paschkett. (Lovell, Christopher) (Entered: 06/24/2014)
LETTER addressed to Judge Loretta A. Preska from Melinda E. LeMoine dated June 20, 2014 re: Plaintiffs' June 18, 2014 letter [Dkt. 269, 269-1] and affidavit of Matthew Putman. Document filed by Capitol-EMI Music, Inc., EMI Group North America, Inc., EMI NA Holdings, Inc., Universal Music Group Recordings, Inc..(Lemoine, Melinda) (Entered: 06/20/2014)
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from George C. Aguilar dated 6/18/2014 re: 266 LETTER MOTION for Conference regarding anticipated motion for withdrawal of plaintiff Matthew Putman addressed to Judge Loretta A. Preska from George C. Aguilar dated 6/16/2014. . Document filed by Matt Putman. (Attachments: # 1 Exhibit Affidavit of Matthew Putman)(Aguilar, George) (Entered: 06/18/2014)
LETTER addressed to Judge Loretta A. Preska from Melinda E. LeMoine dated June 17, 2014 re: Plaintiffs' requests for pre-motion conferences on motions to withdraw both Lisa Owens and Matthew Putnam as Proposed Class Representatives in this matter (Dkts. 264, 266). Document filed by Capitol-EMI Music, Inc., EMI Group North America, Inc., EMI NA Holdings, Inc., Universal Music Group Recordings, Inc..(Lemoine, Melinda) (Entered: 06/17/2014)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Blake Muir Harper to Appear Pro Hac Vice Corrected. Filing fee $ 200.00, receipt number 0208-9789887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lisa Owens. (Attachments: # 1 Exhibit Attachment, # 2 Text of Proposed Order Proposed Order)(Harper, Blake) Modified on 6/17/2014 (sdi). (Entered: 06/17/2014)
LETTER MOTION for Conference regarding anticipated motion for withdrawal of plaintiff Matthew Putman addressed to Judge Loretta A. Preska from George C. Aguilar dated 6/16/2014. Document filed by Matt Putman.(Aguilar, George) (Entered: 06/16/2014)
MOTION for Blake Muir Harper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9779175. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lisa Owens. (Attachments: # 1 Text of Proposed Order)(Harper, Blake) (Entered: 06/13/2014)
LETTER MOTION for Local Rule 37.2 Conference regarding withdrawal of plaintiff Lisa Owens and in Opposition to the June 9, 2014 Letter Motion (Dkt No. 263) addressed to Judge Loretta A. Preska from Blake M. Harper dated June 11, 2014. Document filed by Lisa Owens.(Bernay, Alexandra) (Entered: 06/12/2014)
LETTER MOTION for Local Rule 37.2 Conference regarding a deposition scheduling issue addressed to Judge Loretta A. Preska from Melinda E. LeMoine dated June 9, 2014. Document filed by BMG Music, Bertelsmann Music Group, Inc., Bertelsmann, Inc., Capitol Records Inc., Capitol Records, Inc., Capitol Records, LLC, Capitol-EMI Music, Inc., EMI Group North America, Inc., EMI Group PLC, EMI Music North America, EMI NA Holdings, Inc., John Does 1-100, Sony BMG Music Entertainment, Sony Corporation of America, Sony Music Entertainment, Time Warner Inc., Universal Music Group, Universal Music Group Recordings, Inc., Virgin Records America, Inc., Warner Music Group Corp..(Lemoine, Melinda) (Entered: 06/09/2014)
NOTICE OF APPEARANCE by Melinda Eades Lemoine on behalf of Capitol Records, LLC, EMI Group North America, Inc., EMI Music North America, EMI NA Holdings, Inc., Universal Music Group Recordings, Inc.. (Lemoine, Melinda) (Entered: 06/05/2014)
ORDER: Having received the parties' letters (attached), it is HEREBY ORDERED that 1) Plaintiff's request for an extension of time to comply with Court-ordered discovery is denied; 2) Plaintiff's shall immediately produce the Digital Music files (see dkt. no. 253) of the proposed Class Representatives; 3) Proposed Class Representatives shall appear for their depositions on or before June 30, 2014, absent an agreement between the parties setting later dates; 4) The discovery materials may be used in the same manner any other discovery materials may be used. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/4/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ajs) (Entered: 06/04/2014)
LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Merrick S. Rayle dated 05/30/2014 re: 240 LETTER MOTION for Local Rule 37.2 Conference regarding Defendants' anticipated Motion to Compel (seeking pre-motion conference on April 15, 2014 at 2:00 pm) addressed to Judge Loretta A. Preska from Angelique Kaounis (on behalf of all Defe . Document filed by David Paschkett. (Lovell, Christopher) (Entered: 05/30/2014)
LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood (on behalf of counsel for all Defendants) dated May 29, 2014 re: Response to Plaintiffs' Letter dated May 28, 2014. Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 05/29/2014)
LETTER addressed to Judge Loretta A. Preska from Alexandra S. Bernay dated May 28, 2014 re: scheduling of depositions of proposed class representatives and production of digital music files. Document filed by David Paschkett.(Bernay, Alexandra) (Entered: 05/28/2014)
ORDER PERMITTING PLAINTIFF'S MOTION FOR LEAVE TO FILE UNDER SEAL THE MAY 6, 2014 JOINT LETTER AND EXHIBIT A ATTACHED THERETO: Having Considered Plaintiffs' Motion for Leave to File Under Seal the May 6, 2014 Joint Letter and Exhibit A attached thereto and good cause appearing therefore, Plaintiffs may file the May 6, 2014 Joint Letter and Exhibit A attached thereto under seal. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 5/7/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ajs) (Entered: 05/07/2014)
MOTION to Seal Document [Plaintiffs' Notice of Motion and Motion for Leave to File Under Seal the May 6, 2014 Joint Letter And Exhibit A Attached Thereto]. Document filed by David Paschkett(on behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order)(Bernay, Alexandra) (Entered: 05/06/2014)
ORDER: On April 15, 2014, the Court heard argument during a telephonic pre-motion conference concerning the following discovery pre-motion letters: 1. Plaintiffs' February 7, 2014 pre-motion letter regarding Plaintiffs' anticipated motion to compel production related to Plaintiffs' Request for Production of Documents from Defendants [Dkt. 221] ("Plaintiffs' pre-motion regarding Cost Data"). 2. Plaintiffs' March 13, 2014 pre-motion letter regarding Plaintiffs' anticipated motion to add and remove named Plaintiffs prior to Plaintiffs' motion for class certification to the Conformed Third Consolidated Amended Complaint ("Complaint") pursuant to Rule 21 of the Federal Rules of Civil Procedure [Dkt. No. 225] ("Plaintiffs' pre-motion regarding Amending the Complaint"). 3. Defendants' April 2, 2014 pre-motion conference for Defendants' anticipated motion to compel Plaintiffs to (1)-(2) produce evidence of all digital music purchased, and all digital music acquired, copied or shared by each named Plaintiff and proposed class representative ("Proposed Class Representatives") during the proposed class period; (3) provide dates and locations for the depositions of all Proposed Class Representatives; and(4) provide verified interrogatory responses for Plaintiff Michaud [Dkt. No. 240]. Following argument, the Court orders as follows: Plaintiffs' Pre-Motion regarding Cost Data is DENIED. The Court finds that the cost and burden associated with the production of additional cost data is not justified in light of Plaintiffs' expert's report assertion that available data provided a sufficient basis for establishing a class-wide method of establishing injury and damages. The Court's ruling on Plaintiffs' pre-motion regarding Amending the Complaint is DEFERRED at this time. Plaintiffs are ordered to the provide an affidavit from each named Plaintiff (Proposed Class Representative) that Plaintiffs seek to remove from the Complaint, which shall explain the reasons that each individual Plaintiff wishes to be removed in order to demonstrate good cause for their removal. These affidavits should provide detailed information to demonstrate why the particular named Plaintiff lacks standing, as claimed by Plaintiffs, or if there is some other claimed good cause for removing each named Plaintiff, and an explanation of that. These affidavits shall be submitted to the Defendants by close of business on April30,2014, and submitted to the Court within 3 weeks of the date of the hearing (May 6, 2014), at which time the parties shall jointly submit a report regarding the status of Plaintiffs' anticipated motion for leave to add and remove named Plaintiffs in light of those affidavits by May 6, 2014. Defendants' Pre-Motion is GRANTED and as further set forth herein. In view of the above production deadlines, the Court's Order Regarding Class Certification Briefing And Discovery Schedule (Dkt. 217-1) is hereby modified as follows (changes in bold) as set forth herein. (Signed by Judge Loretta A. Preska on 5/2/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(djc) Modified on 5/5/2014 (djc). Modified on 5/6/2014 (djc). (Entered: 05/05/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/15/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/01/2014)
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/15/2014 before Judge Loretta A. Preska. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014.(Rodriguez, Somari) (Entered: 05/01/2014)
LETTER addressed to Judge Loretta A. Preska from Angelique Kaounis (on behalf of all Defendants counsel) dated April 23, 2014 re: Proposed Order Addressing Pre-Motion Letters Heard By The Court On April 15, 2014. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 04/23/2014)
ORDER in case 1:06-cv-01887-LAP; granting (245) Motion for Michael J. Nicoud to Appear Pro Hac Vice in case 1:06-md-01780-LAP. (Signed by Judge Loretta A. Preska on 4/21/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al. (ajs) (Entered: 04/22/2014)
ORDER FOR ADMISSION PRO HAC VICE OF GEORGE C. AGUILAR: in case 1:06-cv-01887-LAP; granting (244) Motion for George C. Aguilar to Appear Pro Hac Vice in case 1:06-md-01780-LAP. The motion of George C. Aguilar for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Loretta A. Preska on 4/16/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al. (ama) (Entered: 04/16/2014)
ORDER FOR ADMISSION PRO HAC VICE in case 1:06-cv-01887-LAP; granting (243) Motion for Manfred P. Muecke to Appear Pro Hac Vice in case 1:06-md-01780-LAP. (Signed by Judge Loretta A. Preska on 4/13/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al. (kgo) Modified on 4/14/2014 (kgo). (Entered: 04/14/2014)
LETTER addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated 4/11/2014 re: Telephonic pre-motion conference scheduled for April 15, 2014 at 2 PM EST. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 04/11/2014)
MOTION for Michael J. Nicoud to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9558506. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Matt Putman. (Attachments: # 1 Cert of Good Standing, # 2 Text of Proposed Order)(Nicoud, Michael) (Entered: 04/11/2014)
MOTION for George C. Aguilar to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9558471. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Matt Putman. (Attachments: # 1 Cert of Good Standing, # 2 Text of Proposed Order)(Aguilar, George) (Entered: 04/11/2014)
MOTION for MANFRED PATRICK MUECKE to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SHAWN SELLERS, MICHAEL J. NEWTON. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Muecke, Manfred) (Entered: 04/10/2014)
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Angelique Kaounis (on behalf of all Defendants' Counsel) dated April 8, 2014 regarding Defendants' anticipated Motion to Compel (seeking pre-motion conference on April 15, 2014 at 2:00 pm). Document filed by Sony Music Entertainment. (Kaounis, Angelique) (Entered: 04/08/2014)
LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Gary S. Jacobson dated 4/7/2014. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 04/07/2014)
LETTER MOTION for Local Rule 37.2 Conference regarding Defendants' anticipated Motion to Compel (seeking pre-motion conference on April 15, 2014 at 2:00 pm) addressed to Judge Loretta A. Preska from Angelique Kaounis (on behalf of all Defendants' Counsel) dated April 2, 2014. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 04/02/2014)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for MANFRED P. MUECKE to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9521508. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SHAWN SELLERS, J. NEWTON MICHAEL. (Attachments: # 1 Exhibit CERTIFICATE OF GOOD STANDING, # 2 Text of Proposed Order)(Muecke, Manfred) Modified on 4/2/2014 (wb). (Entered: 04/01/2014)
ORDER: By order dated March 18, 2014 [dkt. no. 234], the Court scheduled a teleconference for 9 a.m. on April 15, 2014. That teleconference is hereby adjourned to 2 p.m. on April 15, 2014. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/26/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(kgo) (Entered: 03/26/2014)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Alexander S. Bernay dated 3/19/2014 re: Pursuant to the Clerk of the Court, I respectfully write to request the removal of John J. Stoia, Jr. from the docket in the above-mentioned case, including ECF notifications. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/20/2014) (ama) (Entered: 03/20/2014)
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Alexandra S. Bernay dated March 19, 2014 re: 225 LETTER MOTION for Conference for plaintiffs' anticipated motion to add and remove named plaintiffs pursuant to Fed. R. Civ P. 21 addressed to Judge Loretta A. Preska from Alexandra S. Bernay and Christopher Lovell dated March 13, 2014.. Document filed by David Paschkett. (Bernay, Alexandra) (Entered: 03/19/2014)
ORDER: By letter submitted February 27, 2014 [dkt. no. 221], plaintiffs' requested a pre-motion conference for an anticipated motion to compel. A conference on that matter shall be held telephonically at 9 a.m. on April 15, 2014. Parties shall call chambers jointly. Telephone Conference set for 4/15/2014 at 09:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 3/18/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ft) (Entered: 03/19/2014)
LETTER addressed to Judge Loretta A. Preska from Christopher Lovell dated 3/19/2014 re: Courtesy Copies. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 03/19/2014)
DECLARATION of Craig Essenmacher in Support re: 227 MOTION to Certify Class.. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 03/19/2014)
MOTION to Certify Class. Document filed by David Paschkett(on behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order)(Lovell, Christopher) (Entered: 03/19/2014)
LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Angelique Kaounis (on behalf of all Defendants' counsel) dated March 18, 2014 re: 225 LETTER MOTION for Conference for plaintiffs' anticipated motion to add and remove named plaintiffs pursuant to Fed. R. Civ P. 21 addressed to Judge Loretta A. Preska from Alexandra S. Bernay and Christopher Lovell dated March 13, 2014.. Document filed by Sony Music Entertainment. (Kaounis, Angelique) (Entered: 03/18/2014)
LETTER MOTION for Conference for plaintiffs' anticipated motion to add and remove named plaintiffs pursuant to Fed. R. Civ P. 21 addressed to Judge Loretta A. Preska from Alexandra S. Bernay and Christopher Lovell dated March 13, 2014. Document filed by David Paschkett(on behalf of all others similarly situated).(Bernay, Alexandra) (Entered: 03/13/2014)
ORDER granting 222 Letter Motion for Leave to File Excess Pages. Granted. So Ordered. (Signed by Judge Loretta A. Preska on 3/7/2014) (js) (Entered: 03/10/2014)
LETTER addressed to Judge Loretta A. Preska from Gary S. Jacobson dated 3/5/2014 re: Request for production of cost data from Defendants. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 03/05/2014)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Loretta A. Preska from Gary S. Jacobson dated 3/3/2014. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 03/03/2014)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Loretta A. Preska from Gary S. Jacobson dated 2/27/2014. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 02/27/2014)
ORDER REGARDING CLASS CERTIFICATION BRIEFING AND DISCOVERY SCHEDULE in case 1:06-cv-01887-LAP; granting (219) Letter Motion for Extension of Time. Plaintiffs' motion for class certification was due by January 17, 2014. THEREFORE, IT IS HEREBY ORDERED: Before March 14, 2014, Plaintiffs shall complete depositions, if any, that are solely related to Plaintiffs' class certification motion, and shall file their brief in support of their class certification motion, and any other filings related thereto, by no later than March 14, 2014. Defendants shall complete any depositions or other discovery Defendants have sought or may seek (either agreed to by Plaintiffs or authorized by the Court) that is reasonably related to opposing Plaintiffs' class certification motion, and shall file their opposition, by no later than June 20, 2014. Plaintiffs shall complete any depositions or other discovery Plaintiffs have sought or may seek (either agreed to by Defendants or authorized by the Court) that is reasonably related to replying to Defendants' opposition, and shall file their reply, by no later than October 15, 2014. (Brief due by 3/14/2014. Deposition due by 10/15/2014. Motions due by 1/17/2014. Response due by 6/20/2014. Reply due by 10/15/2014) in case 1:06-md-01780-LAP. (Signed by Judge Loretta A. Preska on 1/9/2014) Filed In Associated Cases: 1:06-md-01780-LAP et al. (ja) Modified on 1/13/2014 (ja). Modified on 1/13/2014 (ja). (Entered: 01/10/2014)
LETTER MOTION for Extension of Time addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated 1/7/14. Document filed by David Paschkett. (Attachments: # 1 Text of Proposed Order)(Lovell, Christopher) (Entered: 01/09/2014)
FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Extension of Time addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated 1/7/2014. Document filed by David Paschkett. (Attachments: # 1 Text of Proposed Order)(Lovell, Christopher) Modified on 1/9/2014 (db). (Entered: 01/08/2014)
ORDER: in case 1:06-cv-01887-LAP; denying (200) Motion to Compel in case 1:06-md-01780-LAP. Based on the parties' submissions [dkt. nos. 200-03, 206-09, 211-13], Plaintiffs' motion to compel deposition testimony from Robert Glaser [dkt. no. 200] is DENIED without prejudice to renewal at the time of merits discovery. For the current purpose of the class certification motion, Plaintiffs have Mr. Glaser's prior testimony on these topics from the Napster litigation and have not explained why the topics they say are incomplete are needed on the class certification motion. (Signed by Judge Loretta A. Preska on 12/9/2013) Filed In Associated Cases: 1:06-md-01780-LAP et al. (djc) Modified on 12/11/2013 (djc). Modified on 12/12/2013 (djc). (Entered: 12/11/2013)
ORDER: in case 1:06-cv-01887-LAP denying (182) Motion for Reconsideration in case 1:06-md-01780-LAP. Accordingly, Plaintiffs' motion for reconsideration [dkt. no. 182] is DENIED. To the extent Plaintiffs believe that they require additional discovery or assert that Defendants are not in compliance with any discovery obligations, Plaintiffs may seek remedies by means other than a motion for reconsideration. (Signed by Judge Loretta A. Preska on 12/9/2013) Filed In Associated Cases: 1:06-md-01780-LAP et al. (djc) Modified on 12/10/2013 (djc). Modified on 12/10/2013 (djc). (Entered: 12/09/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 204 Motion for Molly A. Terwilliger to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 12/4/2013) (djc) (Entered: 12/05/2013)
DECLARATION of Merrick Scott Rayle in Support re: 200 MOTION to Compel Robert Glaser to appear and for sanctions.. Document filed by David Paschkett. (Lovell, Christopher) (Entered: 11/20/2013)
REPLY MEMORANDUM OF LAW in Opposition re: 200 MOTION to Compel Robert Glaser to appear and for sanctions.. Document filed by David Paschkett. (Lovell, Christopher) (Entered: 11/20/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 205 Motion for Lynn M. Engel to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 11/19/2013) (lmb) (Entered: 11/19/2013)
DECLARATION of Michael Parham in Opposition re: 200 MOTION to Compel Robert Glaser to appear and for sanctions.. Document filed by Robert Glaser. (Terwilliger, Molly) (Entered: 11/19/2013)
DECLARATION of Molly A. Terwilliger in Opposition re: 200 MOTION to Compel Robert Glaser to appear and for sanctions.. Document filed by Robert Glaser. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Terwilliger, Molly) (Entered: 11/19/2013)
RESPONSE in Opposition to Motion re: 200 MOTION to Compel Robert Glaser to appear and for sanctions.. Document filed by Robert Glaser. (Terwilliger, Molly) (Entered: 11/19/2013)
LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Molly A. Terwilliger dated November 12, 2013 re: 202 LETTER MOTION for Conference re: 200 MOTION to Compel Robert Glaser to appear and for sanctions., 201 Memorandum of Law in Support of Motion addressed to Judge Loretta A. Preska from Molly A. Terwilliger dated 11/05/2013. LETTER MOTION for Conference re: 200 MOTION to Compel Robert Glaser to appear and for sanctions., 201 Memorandum of Law in Support of Motion addressed to Judge Loretta A. Preska from Molly A. Terwilliger dated 11/05/2013.. Document filed by Robert Glaser. (Terwilliger, Molly) (Entered: 11/12/2013)
LETTER addressed to Judge Loretta A. Preska from Christopher Lovell dated 11/8/2013 re: Response to non-party Robert Glaser's pre-motion letter (ECF No. 202). Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 11/08/2013)
MOTION for Lynn M. Engel to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9060001. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert Glaser. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Engel, Lynn) (Entered: 11/07/2013)
MOTION for Molly A. Terwilliger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9059732. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert Glaser. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Terwilliger, Molly) (Entered: 11/07/2013)
LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood dated November 6, 2013 re: Non-Party Deposition. Document filed by Warner Music Group Corp..(Youngwood, Jonathan) (Entered: 11/06/2013)
LETTER MOTION for Conference re: 200 MOTION to Compel Robert Glaser to appear and for sanctions., 201 Memorandum of Law in Support of Motion addressed to Judge Loretta A. Preska from Molly A. Terwilliger dated 11/05/2013. Document filed by Robert Glaser. (Attachments: # 1 Exhibit A)(Terwilliger, Molly) (Entered: 11/05/2013)
MEMORANDUM OF LAW in Support re: 200 MOTION to Compel Robert Glaser to appear and for sanctions.. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 10/29/2013)
MOTION to Compel Robert Glaser to appear and for sanctions. Document filed by David Paschkett(on behalf of all others similarly situated).(Lovell, Christopher) (Entered: 10/29/2013)
ORDER REGARDING CLASS CERTIFICATION BRIEFING AND DISCOVERY SCHEDULE: THEREFORE, IT IS HEREBY ORDERED: 1. Before January 17, 2014, P1aintiffs shall complete depositions, if any, that are solely related to Plaintiffs' class certification motion, and, shall file their brief in support of their class certification motion, and any other filings related thereto, by no later than January 17,2014. The depositions that Plaintiffs collectively shall be entitled to take during that time period shall have a presumptive limit of no more than one deposition (whether a 30(b)(6) witness or individual witness) that is solely related to Plaintiffs' class certification motion or each Defendant or Defendant group (i.e., one from the group of EMI defendants, one from Sony Music Entertainment, one from UMG Recordings, Inc. and one from Warner Music Group Corp.) Plaintiffs reserve the right to seek leave of Court to take more than one deposition of each Defendant or Defendant group, for good cause shown, if after meeting and conferring with Defendants in good faith, the issue cannot be resolved by the Parties. 2. Defendants shall complete any depositions or other discovery Defendants have sought or may seek (either agreed to by Plaintiffs or authorized by the Court) that is reasonably related to opposing Plaintiffs' class certification motion and shal1 file their opposition, by no later than April 21, 2014. The deposition that Defendants shall be entitled to take in connection with opposing class certification include depositions of: any or all proposed class representatives; any or all of Plaintiffs' fact or expert witnesses, if any, who submit any declaration or other document in support of Plaintiffs' class certification motion; any other witness(es) reasonably related to opposing Plaintiffs' class certification motion. 3. Plaintiffs shall complete any depositions or other discovery Plaintiffs have sought or may seek (either agreed to by Defendants or authorized by the Court) that is reasonably related to replying to Defendants' opposition, and shall file their reply by no later than August 15, 2014. The depositions that Plaintiffs shall be entitled to take in connection with replying to Defendants' opposition include depositions of: any or al1 of Defendants' fact or expert witnesses, if any, who submit any declaration or other document in opposition to Plaintiffs' class certification motion; any other witness(es) reasonably related to replying to Defendants' opposition.(Brief due by 1/17/2014. Deposition due by 8/15/2014. Responses due by 8/15/2013) (Signed by Judge Loretta A. Preska on 10/3/2013) Filed In Associated Cases: 1:06-md-01780-LAP et al.(djc) Modified on 10/4/2013 (djc). (Entered: 10/04/2013)
STIPULATION AND ORDER SUBSTITUTING COUNSEL: IT IS HEREBY STIPULATED AND AGREED that, in accordance with Local Civil Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, upon the annexed declaration of Jason I. Kirschner, with the approval of defendants EMI Group North America Inc., Capitol Records, LLC (doing business as EMI Music North America), and EMI NA Holdings, Inc. (collectively, the "EMI Defendants"), and subject to the approval of the Court, Mayer Brown LLP, 1675 Broadway, New York, NY 10019, hereby withdraws as counsel for EMI in the above-captioned matter, and Munger, Tolles & Olson LLP, 355 South Grand Avenue, 35th Floor, Los Angeles, California 90071-1560, is hereby substituted in place of Mayer Brown LLP as counsel for the EMI Defendants in this action, effective as of the date indicated below. (Signed by Judge Loretta A. Preska on 4/1/2013) Filed In Associated Cases: 1:06-md-01780-LAP et al.(djc) (Main Document 198 replaced on 4/2/2013) (djc). (Entered: 04/02/2013)
NOTICE OF APPEARANCE by Devin Farrell Ryan on behalf of Warner Music Group Corp., Warner Music Group, Corp., Warner Music Group Filed In Associated Cases: 1:06-md-01780-LAP et al.(Ryan, Devin) (Entered: 03/14/2013)
NOTICE OF APPEARANCE by Joseph Franklin Wayland on behalf of Warner Music Group Corp., Warner Music Group, Corp., Warner Music Group Filed In Associated Cases: 1:06-md-01780-LAP et al.(Wayland, Joseph) (Entered: 03/14/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 193 Motion for Angelique Kaounis to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 3/1/2013) (djc) (Main Document 194 replaced on 3/4/2013) (djc). (Entered: 03/04/2013)
MOTION for ANGELIQUE KAOUNIS to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sony Music Entertainment.(Kaounis, Angelique) (Entered: 02/26/2013)
ORDER REGARDING CLASS CERTIFICATION BRIEFING AND DISCOVERY SCHEDULE: THEREFORE, based on the parties' letter (attached) IT IS HEREBY ORDERED: Defendants shall complete production of all documents Plaintiffs have sought in discovery as of the date this stipulation was executed by the Parties (either agreed to by Defendants or if directed by the Court as a result of Plaintiffs' pending motion for reconsideration) by May 3, 2013. 2. Between May 6,2013 and November 1, 2013, Plaintiffs shal1 complete depositions, if any, that are so1ely related to Plaintiffs' class certification motion, and shall file their briefing support of their class certification motion, and any other filings related thereto, by no later than November 1, 2013. 3. Defendants shall complete any depositions or other discovery Defendants have sought or may seek (either agreed to by Plaintiffs or authorized by the Court) that is reasonably related to opposing Plaintiffs' class certification motion, and shall file their opposition, by no later than February 3, 2014. 4. Plaintiffs shall complete any depositions or other discovery Plaintiffs have sought or may seek (either agreed to by Defendants or authorized by the Court) that is reasonably related to replying to Defendants' opposition, and shall file their reply. by no later than June 3, 2014. This Order is without prejudice to the right of any party to seek an extension of the dates contained herein, or to otherwise seek a modification of this order, for good cause shown. (Responses due by 2/3/2014, Replies due by 6/30/2014.) (Signed by Judge Loretta A. Preska on 2/26/2013) Filed In Associated Cases: 1:06-md-01780-LAP et al.(djc) Modified on 2/26/2013 (djc). (Entered: 02/26/2013)
ORDER: The Clerk is hereby instructed to vacate this Court's Order granting Angelique Kaounis's Motion for Admission Pro Hac Vice [dkt. no. 189]. Ms. Kaounis is instructed that the Court will reconsider her motion upon the filing of a valid Certificate of Good Standing. (Signed by Judge Loretta A. Preska on 2/20/2013) (djc) (Entered: 02/20/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for ANGELIQUE KAOUNIS to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sony Music Entertainment.(Kaounis, Angelique) Modified on 2/20/2013 (bcu). (Entered: 02/20/2013)
ORDER FOR ADMISSION PRO HAC VICE: Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Sony Music Entertainment in the above entitled action; IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. Attorney Angelique Kaounis for Sony Music Entertainment admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/7/2013) (djc) (Entered: 02/14/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for ANGELIQUE KAOUNIS to Appear Pro Hac Vice ; Certificate of Good Standing; Order for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8207557. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sony BMG Music Entertainment.(Kaounis, Angelique) Modified on 2/6/2013 (bcu). (Entered: 02/05/2013)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Craig M. Essenmacher dated 01/22/2013 re: We write jointly on behalf of counsel for all parties in the above-referenced matter to respectfully request a brief extension of time to submit a proposed schedule for briefing and discovery on Plaintiffs' Motion for Class Certification. Defendants' counsel have expressly consented to this letter. The parties' request a few short days until Monday January 28, 2013 to clear up through the meet and confers the few remaining issues, The parties jointly request an additional 6 days until January 28, 2013 to resolve the remaining issues so that we can hopefully present Your Honor with a single proposed schedule from both parties that addresses the remaining issues as to briefing and discovery of Plaintiffs motion for class certification. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 01/23/2013) (jcs) (Entered: 01/29/2013)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood dated 01/17/2013 re: We write jointly on behalf of counsel for all parties in the above-referenced matter to respectfully inform the Court that Plaintiffs' have agreed to a brief extension of time for Defendants to file an opposition to Plaintiffs' Notice of Motion and Memorandum of Law in Support of Plaintiffs' Motion to Reconsider the Order Regarding Discovery Motions (Dkt. Nos. 182 and 183) ("Plaintiffs' Motion for Reconsideration"), filed with the Court on January 10, 2013. Plaintiffs' counsel have expressly consented to this letter. Defendants have requested, and Plaintiffs have agreed to permit Defendants, an additional seven days to file any such opposition. Accordingly, Defendants' respectfully request that any opposition to Plaintiffs' Motion for Reconsideration shall be due no later than January 24, 2013. ENDORSEMENT: So Ordered. ( Responses due by 1/24/2013) (Signed by Judge Loretta A. Preska on 01/23/2013) (jcs) (Entered: 01/29/2013)
REPLY MEMORANDUM OF LAW in Support re: 182 MOTION for Reconsideration re; 179 Order,,,, Plaintiffs' Notice of Motion to Reconsider The Order Regarding Discovery Motions.. Document filed by David Paschkett(on behalf of all others similarly situated). (Lovell, Christopher) (Entered: 01/28/2013)
JOINT MEMORANDUM OF LAW in Opposition re: 182 MOTION for Reconsideration re; 179 Order,,,, Plaintiffs' Notice of Motion to Reconsider The Order Regarding Discovery Motions.. Document filed by Capitol Records, Inc., Capitol-EMI Music, Inc., EMI Music North America, Universal Music Group Recordings, Inc., Virgin Records America, Inc., Warner Music Group Corp., Sony Music Entertainment. (Youngwood, Jonathan) (Entered: 01/24/2013)
MEMORANDUM OF LAW in Support re: 182 MOTION for Reconsideration re; 179 Order,,,, Plaintiffs' Notice of Motion to Reconsider The Order Regarding Discovery Motions.. Document filed by Sheri Clark. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bernay, Alexandra) (Entered: 01/10/2013)
MOTION for Reconsideration re; 179 Order,,,, Plaintiffs' Notice of Motion to Reconsider The Order Regarding Discovery Motions. Document filed by Sheri Clark.(Bernay, Alexandra) (Entered: 01/10/2013)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Jonathan K. Youngwood dated 1/3/2013 re: counsel for Defendants writes jointly on behalf of counsel for all parties to request additional 14 days to meet and confer in order to resolve the few open discovery issues so that can we can hopefully present Your Honor with a single omnibus proposed schedule that addresses those discovery issues as well as briefing and argument on Plaintiff's motion for class certification. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 1/8/13) (pl) (Entered: 01/09/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 177 Motion for Craig M. Essenmacher to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/2/2013) (rjm) (Entered: 01/02/2013)
ORDER REGARDING DISCOVERY MOTIONS: Following argument, the Court orders as follows: Defendants' Pre-Motion is GRANTED. The parties shall meet and confer to discuss minimizing the burden and intrusiveness on Plaintiffs of providing discovery regarding unauthorized downloading and dissemination of digital music by the named Plaintiffs, consistent with Defendants' entitlement to such discovery. Plaintiffs' Pre-Motion is DENIED. The portion of Plaintiffs' Pre-Motion to Compel relating to Defendants' production of additional transactional data is DENIED WITHOUT PREJUDICE. The Court will not order Defendants to provide additional transactional data at this time. Plaintiffs shall use the data that Defendants have already produced or have agreed to produce, including without limitation the cost data referred to by Defendants at the pre-motion conference, in preparing Plaintiffs' class certification motion. The parties shall submit a schedule for briefing and argument on Plaintiffs' motion for class certification by January 8, 2013. (Signed by Judge Loretta A. Preska on 12/21/2012) (lmb) (Entered: 12/27/2012)
NOTICE OF WITHDRAWAL: PLEASE TAKE NOTICE that Christina Sarchio will no longer be representing Bertelsmann, Inc. and Bertelsmann Music Group, Inc. in this action. Attorneys Alan Wiseman and Mark C. Schechter will continue to represent Defendants as counsel of record in this matter. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/19/2012) Filed In Associated Cases: 1:06-md-01780-LAP et al.(ama) (Entered: 12/20/2012)
MOTION for Craig M. Essenmacher to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7977879. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Paschkett.(Lovell, Christopher) (Entered: 11/14/2012)
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED THAT, subject to the Court's approval, Paragraph 9 of the Scheduling Order be amended as follows: 9. The Parties shall confer on a class certification briefing schedule and jointly or individually propose a briefing schedule to the Court by the later of October 31, 2012 or 60 days following the resolution of all motions to compel or for a protective order that are filed on or before October 31, 2012. (Signed by Judge Loretta A. Preska on 8/30/2012) Filed In Associated Cases: 1:06-md-01780-LAP et al.(lmb) (Entered: 08/31/2012)
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF ATTORNEY JOHN J. STOIA JR.: GOOD CAUSE APPEARING THEREFORE, it is hereby ordered that John J. Stoia, Jr. is hereby withdrawn as counsel of record in this matter. (Signed by Judge Loretta A. Preska on 6/14/2012) (js) (Entered: 06/18/2012)
NOTICE OF CHANGE OF ADDRESS by Brian Joseph Barry on behalf of Yehuda Spector. New Address: LAW OFFICE OF BRIAN BARRY, 1925 CENTURY PARK EAST, SUITE 2100, LOS ANGELES, CA, USA 90067,. (Barry, Brian) (Entered: 12/28/2011)
NOTICE OF APPEARANCE by Jason Israel Kirschner on behalf of Capitol Records, LLC, EMI Group North America, Inc., EMI Music North America, EMI NA Holdings, Inc. (Kirschner, Jason) (Entered: 10/28/2011)
RESPONSE re: 159 Amended Complaint,, ANSWER OF DEFENDANT SONY MUSIC ENTERTAINMENT TO PLAINTIFFS' CONFORMED CONSOLIDATED AMENDED COMPLAINT. Document filed by Sony BMG Music Entertainment. (Kattan, Joseph) (Entered: 09/30/2011)
RESPONSE re: 159 Amended Complaint,, Answer of Defendant UMG Recordings, Inc. to Plaintiffs' Conformed Third Consolidated Amended Complaint. Document filed by Universal Music Group Recordings, Inc.. (Pomerantz, Glenn) (Entered: 09/30/2011)
RESPONSE re: (159 in 1:06-md-01780-LAP) Amended Complaint,, Answer of Defendant Warner Music Group Corp. to Plaintiffs' Conformed Third Consolidated Amended Complaint. Document filed by Warner Music Group Corp., Warner Music Group, Corp., Warner Music Group. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Youngwood, Jonathan) (Entered: 09/30/2011)
ORDER FOR ADMISSION PRO HAC VICE granting 160 Motion for Daniel M. Flores to Appear Pro Hac Vice. Daniel M. Flores is admited pro hac vice in this action as counsel for Sony Music Entertainment. (Signed by Judge Loretta A. Preska on 9/15/2011) (ft) (Entered: 09/15/2011)
CONFORMED THIRD CONSOLIDATED AMENDED COMPLAINT against Capitol Records Inc., Sony BMG Music Entertainment, Universal Music Group Recordings, Inc., Warner Music Group Corp..Document filed by Andrew Edenbaum, Rachael Hall, Keaton Landry, Lisa Owens, Kevin Starr, Mitchell Horton, Matt Putman, Cato Thornton, Cindy Seley(on behalf of all others similarly situated), Christopher Michaud, Richard Benham, Sheri Clark, Cindy Seley, Kathryn Elizabeth Kelly. (Received in the night deposit box on 8/31/11 at 7:11 pm)(mro) (ama). (Entered: 09/02/2011)
STIPULATION AND ORDER: THEREFORE, IT IS STIPULATED AND AGREED THAT, the following schedule shall govern the above-captioned action going forward: 1. 8/31/11 Plaintiffs file an operative Third Consolidated Amended Complaint ("TAC") conforming the TAC with the Court's 7/18 Order. 2. 9/30/11 Each Defendant files its respective Answers to the operative TAC, and, to the extent such data is within their custody or control and is available after a reasonable search, provides Plaintiffs with: (a) the total digital music revenue for each year between 2002 and 2007, (b) a list of the top ten digital service providers (DSPs) (based on revenue) for each year between 2002 and 2007, and (c) the amount of revenue from each of the top ten DSPs for each year between 2002 and 2007. If any Defendant is unable to locate any of the foregoing data by 9/30/11, then it shall produce same when it has located such data. 3. 10/15/11 Plaintiffs shall commence service of subpoenas duces tecum and ad testificandum on non-party digital service providers and other non-parties. No depositions will be noticed for earlier than 3/30/12.4. 11/15/11 Subject to the Protective Order governing this matter, defendants shall begin rolling production of those defendants and materials previously produced by certain defendants. 5. 12/15/1l Defendants will substantially complete production of the above-mentioned documents and materials. 6. 1/31/12 Plaintiffs serve Defendants with their request for-the production of documents related to class certification, including documents related to liability and "price impact." 7. 2/29/12 Defendants shall respond and/or object to Plaintiffs' request for the production of documents related to class certification, including documents related to liability and "price impact." 8. 5/31/12 Subject to Defendants' responses and objections to the same, Defendants will substantially complete production of those documents and materials, if any, responsive to Plaintiffs' above-mentioned discovery requests. 9. 8/31/12 Parties shall confer on a class certification briefing schedule and jointly or individually propose a briefing schedule to the Court. (Signed by Judge Loretta A. Preska on 8/15/2011) Filed In Associated Cases: 1:06-md-01780-LAP et al.(jfe) (Entered: 08/15/2011)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION OF ALEXANDRA S. BERNAY: Attorney Alexandra S. Bernay for Claire Barker,Alexandra S. Bernay for Claire Barker,Alexandra S. Bernay for Matthew S. Bartel,Alexandra S. Bernay for Richard Benham,Alexandra S. Bernay for Robert Bertagnoli,Alexandra S. Bernay for Anthony Brass,Alexandra S. Bernay for Jason Candler,Alexandra S. Bernay for Jason Candler,Alexandra S. Bernay for Nelly Chung,Alexandra S. Bernay for Alexander Justis Clark,Alexandra S. Bernay for Sheri Clark,Alexandra S. Bernay for Shannon Corkery,Alexandra S. Bernay for Shannon Corkery,Alexandra S. Bernay for George Creamer,Alexandra S. Bernay for McKenna Creamer,Alexandra S. Bernay for Elise R. DeVore,Alexandra S. Bernay for Susan Doolittle,Alexandra S. Bernay for Scott P. Downey,Alexandra S. Bernay for Scott P. Downey,Alexandra S. Bernay for Andrew Edenbaum,Alexandra S. Bernay for Jay S. Ewing,Alexandra S. Bernay for Jay S. Ewing,Alexandra S. Bernay for Richard Feferman,Alexandra S. Bernay for Richard Feferman,Alexandra S. Bernay for Wayne Gilbert,Alexandra S. Bernay for Rachael Hall,Alexandra S. Bernay for Kim Hanson,Alexandra S. Bernay for Tim Henkels,Alexandra S. Bernay for Mitchell Horton,Alexandra S. Bernay for Keaton Landry,Alexandra S. Bernay for Paul Leffler,Alexandra S. Bernay for Patricia McAllister,Alexandra S. Bernay for Christopher Michaud,Alexandra S. Bernay for James Miller,Alexandra S. Bernay for Cheryl Munn,Alexandra S. Bernay for Lisa Owens,Alexandra S. Bernay for David Paschkett,Alexandra S. Bernay for David Paschkett,Alexandra S. Bernay for Janine Picinich,Alexandra S. Bernay for Matt Putman,Alexandra S. Bernay for Scott Ruth,Alexandra S. Bernay for Kiana F. Sarraf,Alexandra S. Bernay for Cindy Seley,Alexandra S. Bernay for Cindy Seley,Alexandra S. Bernay for Yehuda Spector,Alexandra S. Bernay for Kevin Starr,Alexandra S. Bernay for P. Evans Stephens,Alexandra S. Bernay for Tracy Thomas,Alexandra S. Bernay for Tracy Thomas,Alexandra S. Bernay for Cato Thornton,Alexandra S. Bernay for Richard D. Warren,Alexandra S. Bernay for Guy Williams,Alexandra S. Bernay for Sandra Lee Wimbrow admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 8/15/2011) (jfe) (Entered: 08/15/2011)
ENDORSED LETTER addressed to Chief Judge Loretta A. Preska from Jonathan K. Youngwood dated 8/1/11 re: Counsel writes on behalf of both the plaintiffs and the remaining defendants to request a brief extension, until 8/11/11, to provide the Court with the proposed case management schedule. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 8/1/2011) (mro) (Entered: 08/01/2011)
OPINION & ORDER #100550 re: 132 MOTION to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint, filed by Sony Corporation of America, Capitol-EMI Music, Inc., Sony BMG Music Entertainment, Time Warner Inc., Virgin Records America, Inc., EMI Group North America, Inc., Capitol Records, Inc., Bertelsmann, Inc., Universal Music Group Recordings, Inc. and Warner Music Group Corp. For the reasons set forth within, Defendants motion to dismiss [dkt. no. 132] is GRANTED in part and DENIED in part. The result is as follows: Plaintiffs Sherman Act claims may proceed. The CD-purchaser class does not have antitrust standing, and its claims are DISMISSED with prejudice. The Court will conduct a standing inquiry on claims asserted in states in which no named plaintiff resides at the class certification stage. Defendants' motion to dismiss claims for violations of state consumer protection statutes is DENIED except as to New York, in which case it is GRANTED. Defendants' motion to dismiss the unjust enrichment claims is GRANTED in part and DENIED in part. Autonomous unjust enrichment claims are DISMISSED. Parasitic unjust enrichment claims are DISMISSED as to Illinois, Florida, Montana, New York, North Carolina, and North Dakota based claims, if any, but may proceed as to other states. Defendants' motion to dismiss the newly added Illinois and New York state antitrust claims is DENIED in part and GRANTED in part. The New York claim only may proceed. Defendants' motion to dismiss claims against the Parent Companies is GRANTED. Defendants' motion to strike portions of the TCAC is GRANTED in part and DENIED in part; paragraphs 87 and 106-112 are stricken. The parties shall confer and inform the Court no later than August 1, 2011, how they propose to proceed. (Signed by Judge Loretta A. Preska on 7/18/2011) (ab) Modified on 7/20/2011 (ajc). (Entered: 07/18/2011)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Capitol Records, LLC, Capitol-EMI Music, Inc., EMI Group North America, Inc., EMI Music North America, Virgin Records America, Inc..(Steuer, Richard) (Entered: 05/18/2011)
ORDER FOR PRO HAC VICE ON WRITTEN MOTION: Attorney Mark C. Schechter for Bertelsmann, Inc. admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/10/2011) (jfe) (Entered: 05/10/2011)
AFFIDAVIT OF SERVICE of Notice of Appearance of Eamon O'Kelly on 5/4/2011. Service was made by Mail. Document filed by Bertelsmann, Inc.. (O'Kelly, Eamon) (Entered: 05/04/2011)
NOTICE OF CHANGE OF ADDRESS by Alan M. Wiseman on behalf of Bertelsmann, Inc.. New Address: Covington & Burling LLP, 1201 Pennsylvania Ave., NW, Washington, DC, USA 20004-2401, (202)662-5069. (Wiseman, Alan) (Entered: 03/30/2011)
NOTICE of DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY IN FURTHER SUPPORT OF MOTION TO DISMISS AND TO STRIKE PORTIONS OF PLAINTIFFS THIRD CONSOLIDATED AMENDED COMPLAINT re: 132 MOTION to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint.. Document filed by BMG Music, Bertelsmann Music Group, Inc., Bertelsmann, Inc., Capitol Records Inc., Capitol Records, Inc., Capitol-EMI Music, Inc., EMI Group North America, Inc., EMI Music North America, Time Warner Inc., Universal Music Group, Universal Music Group Recordings, Inc., Virgin Records America, Inc., Warner Music Group Corp.. (Attachments: # 1 Attachment - Supplemental Authority)(Kattan, Joseph) (Entered: 01/13/2011)
NOTICE OF APPEARANCE by Christopher Lovell on behalf of Claire Barker, Matthew S. Bartel, Richard Benham, Robert Bertagnoli, Anthony Brass, Dennis Bulcao, Jason Candler(Individually, and on behalf of all others similarly situated), Nelly Chung, Alexander Justis Clark, Sheri Clark, Shannon Corkery, George Creamer, McKenna Creamer, Elise R. DeVore, Susan Doolittle, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Andrew Edenbaum, Jay S. Ewing(Individually, and on behalf of all others similarly situated), Richard Feferman, Wayne Gilbert, Rachael Hall, Paul Hampsch, Kim Hanson, Tim Henkels, Mitchell Horton, Keaton Landry, Paul Leffler, Patricia McAllister, Christopher Michaud, James Miller, Cheryl Munn, Lisa Owens, David Paschkett(on behalf of all others similarly situated), Janine Picinich, Matt Putman, Scott Ruth, Kiana F. Sarraf, Cindy Seley, Yehuda Spector, Kevin Starr, P. Evans Stephens, Tracy Thomas(Individually, and on behalf of all others similarly situated), Cato Thornton, Richard D. Warren, Guy Williams, Sandra Lee Wimbrow (Lovell, Christopher) (Entered: 01/11/2011)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Tracy D. Rezvani is admitted pro hac vice in this matter. (Signed by Judge Loretta A. Preska on 10/1/2010) Filed In Associated Cases: 1:06-md-01780-LAP et al.(jpo) (Entered: 10/04/2010)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice for Tracy D. Rezvani. Document filed by Claire Barker, Matthew S. Bartel, Richard Benham, Robert Bertagnoli, Anthony Brass, Dennis Bulcao, Jason Candler, Jason Candler(Individually, and on behalf of all others similarly situated), Nelly Chung, Alexander Justis Clark, Sheri Clark, Shannon Corkery(Individually, and on behalf of all others similarly situated), Shannon Corkery, George Creamer, McKenna Creamer, Elise R. DeVore, Susan Doolittle, Scott P. Downey, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Andrew Edenbaum, Jay S. Ewing, Jay S. Ewing(Individually, and on behalf of all others similarly situated), Richard Feferman, Wayne Gilbert, Rachael Hall, Kim Hanson, Tim Henkels, Mitchell Horton, Paul Leffler, Patricia McAllister, Christopher Michaud, James Miller, Cheryl Munn, Lisa Owens, David Paschkett(on behalf of all others similarly situated), Janine Picinich, Matt Putman, Scott Ruth, Kiana F. Sarraf, Cindy Seley(on behalf of all others similarly situated), Cindy Seley, Yehuda Spector, Kevin Starr, P. Evans Stephens, Tracy Thomas(Individually, and on behalf of all others similarly situated), Cato Thornton, Richard D. Warren, Guy Williams, Sandra Lee Wimbrow. (Attachments: # 1 Text of Proposed Order)(Lovell, Christopher) Modified on 9/27/2010 (db). (Entered: 09/24/2010)
NOTICE of Supplemental Authority in Further Opposition to Defendants' Motion to Dismiss and Strike Portions of Plaintiffs' Third Consolidated Amended Complaint. Document filed by Claire Barker, Matthew S. Bartel, Richard Benham, Robert Bertagnoli, Anthony Brass, Dennis Bulcao, Jason Candler, Jason Candler(Individually, and on behalf of all others similarly situated), Nelly Chung, Alexander Justis Clark, Sheri Clark, Shannon Corkery(Individually, and on behalf of all others similarly situated), Shannon Corkery, George Creamer, McKenna Creamer, Elise R. DeVore, Susan Doolittle, Scott P. Downey, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Andrew Edenbaum, Jay S. Ewing, Jay S. Ewing(Individually, and on behalf of all others similarly situated), Richard Feferman, Wayne Gilbert, Rachael Hall, Paul Hampsch, Kim Hanson, Tim Henkels, Mitchell Horton, Keaton Landry, Paul Leffler, Patricia McAllister, Christopher Michaud, James Miller, Cheryl Munn, Lisa Owens, David Paschkett, David Paschkett(on behalf of all others similarly situated), Janine Picinich, Matt Putman, Scott Ruth, Kiana F. Sarraf, Cindy Seley(on behalf of all others similarly situated), Cindy Seley, Yehuda Spector, Kevin Starr, P. Evans Stephens, Tracy Thomas, Tracy Thomas(Individually, and on behalf of all others similarly situated), Cato Thornton, Richard D. Warren, Guy Williams, Sandra Lee Wimbrow. (Attachments: # 1 Supplemental Authority)(Lovell, Christopher) (Entered: 08/31/2010)
NOTICE of Supplemental Authority (Joint) - In Further Support of Motion to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint. Document filed by Bertelsmann, Inc., Capitol Records Inc., Capitol Records, Inc., Capitol-EMI Music, Inc., EMI Music North America, Sony BMG Music Entertainment, Sony Corporation of America, Time Warner Inc., Universal Music Group Recordings, Inc., Virgin Records America, Inc., Warner Music Group Corp.. (Attachments: # 1 Supplemental Authority)(Youngwood, Jonathan) (Entered: 08/23/2010)
REPLY MEMORANDUM OF LAW in Support re: 132 MOTION to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint.. Document filed by Bertelsmann, Inc., Capitol Records Inc., Capitol-EMI Music, Inc., EMI Group North America, Inc., EMI Music North America, Sony BMG Music Entertainment, Sony Corporation of America, Time Warner Inc., Universal Music Group Recordings, Inc., Virgin Records America, Inc., Warner Music Group Corp.. (Steuer, Richard) (Entered: 08/06/2010)
CERTIFICATE OF SERVICE of Memorandum in Opposition to Defendants' Motion to Dismiss and Strike Portions of Plaintiffs' Third Consolidated Amended Complaint. Document filed by Claire Barker, Matthew S. Bartel, Richard Benham, Robert Bertagnoli, Anthony Brass, Dennis Bulcao, Jason Candler, Jason Candler(Individually, and on behalf of all others similarly situated), Nelly Chung, Alexander Justis Clark, Sheri Clark, Shannon Corkery(Individually, and on behalf of all others similarly situated), Shannon Corkery, George Creamer, McKenna Creamer, Elise R. DeVore, Susan Doolittle, Scott P. Downey, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Andrew Edenbaum, Jay S. Ewing, Jay S. Ewing(Individually, and on behalf of all others similarly situated), Richard Feferman, Wayne Gilbert, Rachael Hall, Paul Hampsch, Kim Hanson, Tim Henkels, Mitchell Horton, Keaton Landry, Paul Leffler, Patricia McAllister, Christopher Michaud, James Miller, Cheryl Munn, Lisa Owens, David Paschkett, David Paschkett(on behalf of all others similarly situated), Janine Picinich, Matt Putman, Scott Ruth, Kiana F. Sarraf, Cindy Seley(on behalf of all others similarly situated), Cindy Seley, Yehuda Spector, Kevin Starr, P. Evans Stephens, Tracy Thomas, Tracy Thomas(Individually, and on behalf of all others similarly situated), Cato Thornton, Richard D. Warren, Guy Williams, Sandra Lee Wimbrow. (Lovell, Christopher) (Entered: 07/23/2010)
MEMORANDUM OF LAW in Opposition re: 132 MOTION to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint.. Document filed by Claire Barker, Matthew S. Bartel, Richard Benham, Robert Bertagnoli, Anthony Brass, Dennis Bulcao, Jason Candler, Jason Candler(Individually, and on behalf of all others similarly situated), Nelly Chung, Alexander Justis Clark, Sheri Clark, Shannon Corkery(Individually, and on behalf of all others similarly situated), Shannon Corkery, George Creamer, McKenna Creamer, Elise R. DeVore, Susan Doolittle, Scott P. Downey, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Andrew Edenbaum, Jay S. Ewing, Jay S. Ewing(Individually, and on behalf of all others similarly situated), Richard Feferman, Wayne Gilbert, Rachael Hall, Paul Hampsch, Kim Hanson, Tim Henkels, Mitchell Horton, Keaton Landry, Paul Leffler, Patricia McAllister, Christopher Michaud, James Miller, Cheryl Munn, Lisa Owens, David Paschkett, David Paschkett(on behalf of all others similarly situated), Janine Picinich, Matt Putman, Scott Ruth, Kiana F. Sarraf, Cindy Seley(on behalf of all others similarly situated), Cindy Seley, Yehuda Spector, Kevin Starr, P. Evans Stephens, Tracy Thomas, Tracy Thomas(Individually, and on behalf of all others similarly situated), Cato Thornton, Richard D. Warren, Guy Williams, Sandra Lee Wimbrow. (Lovell, Christopher) (Entered: 07/23/2010)
RESPONSE re: 130 Amended Complaint,, Answer of Defendant Warner Music Group Corp. To Plaintiffs' Third Consolidated Amended Complaint. Document filed by Warner Music Group Corp.. (Youngwood, Jonathan) (Entered: 06/25/2010)
RESPONSE re: 130 Amended Complaint,, - ANSWER OF DEFENDANT SONY MUSIC ENTERTAINMENT TO PLAINTIFFS' THIRD CONSOLIDATED AMENDED COMPLAINT. Document filed by Sony BMG Music Entertainment. (Kattan, Joseph) (Entered: 06/23/2010)
RESPONSE re: 130 Amended Complaint,, Answer of Defendants EMI Group North America Inc., Capitol Records, LLC D/B/A EMI Music North America, Capitol-EMI Music, LLC, and Virgin Records America, Inc to the Third Consolidated Amended Complaint. Document filed by Capitol Records, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc.. (Steuer, Richard) (Entered: 06/23/2010)
RESPONSE re: 130 Amended Complaint,, Answer of UMG Recordings, Inc. to Third Consolidated Amended Complaint. Document filed by Universal Music Group Recordings, Inc.. (Pomerantz, Glenn) (Entered: 06/23/2010)
JOINT MEMORANDUM OF LAW in Support re: 132 MOTION to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint.. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc., Universal Music Group Recordings, Inc.. (Steuer, Richard) (Entered: 06/23/2010)
MOTION to Dismiss and to Strike Portions of Plaintiffs' Third Consolidated Amended Complaint. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Time Warner Inc., Warner Music Group Corp., Capitol Records, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc., Universal Music Group Recordings, Inc..(Steuer, Richard) (Entered: 06/23/2010)
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying EMI NA Holdings, Inc., EMI Group North America Holdings, Inc, EMI Group International BV, EMI Group Holdings BV, EMI Group International Holdings Ltd, EMI Group Worldwide Ltd, Virgin Music Group Ltd, EMI Group Limited, Maltby Acquisitions Limited, Maltby Investments Limited, Maltby Holdings Limited, Maltby Capital Limted, Terra Firma Capital Partner Investment Funds. Document filed by Capitol EMI Music, Inc., EMI Music North America, Capitol Records, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc..Associated Cases: 1:06-md-01780-LAP et al.(Steuer, Richard) Modified on 6/21/2010 (rdz). Modified on 6/21/2010 (rdz). (Entered: 06/18/2010)
THIRD CONSOLIDATED AMENDED COMPLAINT (Jury Trial Demanded) against Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Time Warner Inc., Warner Music Group Corp., Capitol Records Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc., Universal Music Group Recordings, Inc. Document filed by David Paschkett(on behalf of all others similarly situated), Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Mitchell Horton, Cindy Seley.(rjm) (Entered: 06/17/2010)
NOTICE OF WITHDRAWAL. PLEASE TAKE NOTICE Robert J. Pfister will no longer be associated with the law firm of Simpson Thacher & Bartlett LLP and should be removed from the Court's service list with respect to the above referenced action. Attorneys Kenneth R. Logan, Jonathan K. Youngwood and Helena Almeida of Simpson Thacher & Bartlett LLP continue to serve as counsel for Warner Music Group Corp., and all future correspondence and papers in this action should continue to be directed to them. (Signed by Judge P. Kevin Castel, on behalf of Judge Preska, on 6/15/10) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 06/16/2010)
JOINT MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc.. (Steuer, Richard) (Entered: 06/11/2010)
MEMORANDUM OF LAW in Opposition re: 125 Memorandum of Law in Opposition to Motion,,,,,, ("Joint Response To Plaintiffs' Memorandum Of Supplemental Authorities, By Defendants Time Warner Inc., Sony Corporation Of America And Bertelsmann, Inc."). Document filed by Sony Corporation of America, Bertelsmann, Inc., Time Warner Inc.. (Attachments: # 1 Exhibit 1 to Joint Response)(Barbur, Peter) (Entered: 06/11/2010)
CERTIFICATE OF SERVICE of Memorandum of Supplemental Authorities in Further Opposition to the Pending Motions to Dismiss the Complaint. Document filed by Tracy Thomas, Jason Candler, Shannon Corkery, Alexander Justis Clark, David Paschkett(on behalf of all others similarly situated), Cindy Seley(on behalf of all others similarly situated), Jay S. Ewing(Individually, and on behalf of all others similarly situated), Tracy Thomas(Individually, and on behalf of all others similarly situated), Jason Candler(Individually, and on behalf of all others similarly situated), Shannon Corkery(Individually, and on behalf of all others similarly situated), Christopher Michaud, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Matt Putman, Richard Feferman, Anthony Brass, Janine Picinich, Richard D. Warren, Yehuda Spector, Robert Bertagnoli, Paul Leffler, Cheryl Munn, McKenna Creamer, Lisa Owens, Richard Benham, Susan Doolittle, Matthew S. Bartel, Sandra Lee Wimbrow, Patricia McAllister, Nelly Chung, Tim Henkels, Keaton Landry, George Creamer, Cato Thornton, Kiana F. Sarraf, P. Evans Stephens, Kim Hanson, James Miller, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Wayne Gilbert, Elise R. DeVore, Dennis Bulcao, Mitchell Horton, Scott Ruth, Scott P. Downey, Guy Williams, Cindy Seley, David Paschkett, Jay S. Ewing. (Lovell, Christopher) (Entered: 06/02/2010)
MEMORANDUM OF LAW in Opposition re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Tracy Thomas, Jason Candler, Shannon Corkery, Alexander Justis Clark, David Paschkett(on behalf of all others similarly situated), Cindy Seley(on behalf of all others similarly situated), Jay S. Ewing(Individually, and on behalf of all others similarly situated), Tracy Thomas(Individually, and on behalf of all others similarly situated), Jason Candler(Individually, and on behalf of all others similarly situated), Shannon Corkery(Individually, and on behalf of all others similarly situated), Christopher Michaud, Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Matt Putman, Richard Feferman, Anthony Brass, Janine Picinich, Richard D. Warren, Yehuda Spector, Robert Bertagnoli, Paul Leffler, Cheryl Munn, McKenna Creamer, Lisa Owens, Richard Benham, Susan Doolittle, Matthew S. Bartel, Sandra Lee Wimbrow, Patricia McAllister, Nelly Chung, Tim Henkels, Keaton Landry, George Creamer, Cato Thornton, Kiana F. Sarraf, P. Evans Stephens, Kim Hanson, James Miller, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Wayne Gilbert, Elise R. DeVore, Dennis Bulcao, Mitchell Horton, Scott Ruth, Scott P. Downey, Guy Williams, Cindy Seley, David Paschkett, Jay S. Ewing. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lovell, Christopher) (Entered: 06/02/2010)
STIPULATION AND ORDER. IT IS STIPULATED AND AGREED THAT, subject to the Court's approval: Defendants agree to Plaintiffs' request for leave to file a Third Consolidated Amended Complaint limited to the addition of new claims brought pursuant to the antitrust laws of the States of New York and Illinois; and Plaintiffs' Third Consolidated Amended Complaint, as limited by the above paragraph shall be filed by Plaintiffs on or before June 2, 2010; and to the extent an Answer is otherwise due from any Defendant, those Defendants shall have until June 23, 2010 to answer, respond or otherwise move against, including, but not limited to, submission of supplemental legal authority, Plaintiffs' Third Consolidated Amended Complaint; and to the extent any Defendant decides to move against Plaintiffs' Third Consolidated Amended Complaint, Plaintiffs' response to any such motion(s) shall be due on or before 7/23/10 and Defendants' reply to any such response shall be due on 8/6/10; and Plaintiffs will submit supplemental legal authority addressing the issues raised in the Pending Motions on or before June 2, 2010; and Defendants will respond to Plaintiffs' supplemental legal authority addressing the issues raised in the Pending Motions on or before 6/11/10, and as further set forth. (Amended Pleadings due by 6/2/2010., Motions due by 6/23/2010., Replies due by 8/6/2010., Responses due by 7/23/2010) (Signed by Judge Loretta A. Preska on 5/28/10) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 06/01/2010)
ORDER. It is hereby ORDERED that counsel are directed to appear in courtroom 12A, 500 Pearl Street, New York, New York 10007 on May 19, 2010 at 2:00 p.m. for a conference in the above action. (Conference set for 5/19/2010 at 02:00 PM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 5/17/10) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 05/17/2010)
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Sony Americas Holding Inc. as Corporate Parent. Document filed by Sony BMG Music Entertainment, Sony Corporation of America.(Kattan, Joseph) (Entered: 04/21/2010)
ORDER. Counsel shall confer and inform the Court by letter no later than April 30, 2010 how they propose to proceed. (Signed by Judge Loretta A. Preska on 4/19/10) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 04/20/2010)
MANDATE of USCA (Certified Copy) as to 113 Notice of Appeal, filed by Keaton Landry, Sheri Clark, Mitchell Horton, Christopher Michaud, Kevin Starr, Cindy Seley, Lisa Owens, David Paschkett, Matt Putman, Richard Benham, Rachael Hall USCA Case Number 08-5637-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 04/15/2010. (nd) (Entered: 04/16/2010)
NOTICE of Withdrawal. Document filed by Warner Music Group Corp., Warner Music Group, Corp., Warner Music Group. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Pfister, Robert) (Entered: 04/09/2010)
NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Warner Music Group Corp., Warner Music Group, Corp., Warner Music Group Filed In Associated Cases: 1:06-md-01780-LAP et al.(Youngwood, Jonathan) (Entered: 04/09/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Carmen A. Medici of Coughlin Stoia Geller Rudman & Robbins LLP, 655 West Broadway, Suite 1900, San Diego, California 92101-3301, telephone number (619) 231-1058, fax number (619) 231-7423, mail address cmedici@csgrr.com, is hereby admitted to practice pro hac vice as counsel for plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Loretta A. Preska on 2/1/10) (rjm) (Entered: 02/03/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Attorney Alexandra S. Bernay for Dennis Bulcao admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/1/10) (rjm) (Entered: 02/02/2010)
NOTICE OF CHANGE OF ADDRESS by Christopher Lovell on behalf of all plaintiffs. New Address: Lovell Stewart Halebian LLP, 61 Broadway, Suite 501, New York, New York, USA 10006, 212-608-1900. (Lovell, Christopher) (Entered: 01/30/2009)
NOTICE OF APPEAL from 111 Memorandum & Opinion, 112 Judgment. Document filed by Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Kevin Starr, Sheri Clark, Rachael Hall, Mitchell Horton, Cindy Seley, David Paschkett. Filing fee $ 455.00, receipt number E 670317. (tp) (Entered: 11/20/2008)
JUDGMENT That for the reasons stated in the Court's Opinion dated October 9, 2008, defendants motion to dismiss the SCAC is granted and plaintiffs motion to amend SCAC Paragraph 99 is denied as futile; accordingly, the case is closed and all pending motions denied as moot. (Signed by J. Michael McMahon, clerk on 10/21/08) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:06-md-01780-LAP et al.(ml) (Entered: 10/21/2008)
MEMORANDUM AND OPINION # 96629. For the reasons stated in this Opinion, Defendants motion to dismiss the SCAC [dkt. No. 75] is granted. And plaintiffs motion to amend SCAC Paragraph 99 [dkt. No. 104] is denied as futile. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 10/9/08) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 10/09/2008)
NOTICE of of Change of Firm and Address. Document filed by Richard Benham. (Attachments: # 1 Certificate of Service)(Goldstein, Jayne) (Entered: 10/03/2008)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Charles P. Goodwin for Janine Picinich, Yehuda Spector admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 7/17/08) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 07/18/2008)
MEMORANDUM OF LAW in Opposition re: 104 MOTION for Leave to File Third Consolidated Amended Complaint.. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc.. (Logan, Kenneth) (Entered: 06/11/2008)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. Plaintiff Paul Hampsch hereby voluntarily dismisses, without prejudice, his action against all defendants. The adverse parties have not filed either an answer to the complaint or a motion for summary judgment and no class has been certified. (Signed by Judge Loretta A. Preska on 6/9/08) (rjm) (Entered: 06/10/2008)
MEMORANDUM OF LAW in Support re: 104 MOTION for Leave to File Third Consolidated Amended Complaint.. Document filed by Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Mitchell Horton, Cindy Seley, David Paschkett. (Attachments: # 1 Exhibit Proposed Amendment, # 2 Exhibit Transcript)(Siddiqui, Imtiaz) (Entered: 05/28/2008)
MOTION for Leave to File Third Consolidated Amended Complaint. Document filed by Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Mitchell Horton, Cindy Seley, David Paschkett.(Siddiqui, Imtiaz) (Entered: 05/28/2008)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Christopher Lovell dated 5/9/08 re: Plaintiffs request leave to submit a seven page double spaced memorandum in support of their motion for leave to amend... ENDORSEMENT: In addition, defendants may submit a response of equal length. So Ordered. (Signed by Judge Loretta A. Preska on 5/12/08) (rjm) (Entered: 05/13/2008)
NOTICE OF APPEARANCE by Michael O. Ware on behalf of EMI Music North America, Capitol Records Inc., Capitol Records, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc. (Ware, Michael) (Entered: 03/21/2008)
PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Loretta A. Preska on 2/5/08) (rjm) (Entered: 02/05/2008)
PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 2/3/08) (rjm) (Entered: 02/04/2008)
SCHEDULING ORDER: Oral Argument set for 3/25/2008 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 1/17/08) (rjm) (Entered: 01/17/2008)
STATUS REPORT. Joint Rule 26(f) Report and Case Management Statement Document filed by Tracy Thomas, Jason Candler, Shannon Corkery, Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., Alexander Justis Clark, EMI Music North America, Capitol Records Inc., John Does 1-100, David Paschkett(on behalf of all others similarly situated), Cindy Seley(on behalf of all others similarly situated), Jay S. Ewing(Individually, and on behalf of all others similarly situated), Tracy Thomas(Individually, and on behalf of all others similarly situated), Jason Candler(Individually, and on behalf of all others similarly situated), Shannon Corkery(Individually, and on behalf of all others similarly situated), Christopher Michaud, Bertelsmann Music Group, Inc., Scott P. Downey(Individually, and on behalf of all others similarly situated California residents), Matt Putman, Richard Feferman, Anthony Brass, Janine Picinich, Richard D. Warren, Yehuda Spector, Robert Bertagnoli, Paul Leffler, Cheryl Munn, McKenna Creamer, Lisa Owens, Richard Benham, Susan Doolittle, Matthew S. Bartel, Sandra Lee Wimbrow, Patricia McAllister, Nelly Chung, Tim Henkels, BMG Music, Keaton Landry, George Creamer, Cato Thornton, Kiana F. Sarraf, P. Evans Stephens, Kim Hanson, Capitol Records, Inc., James Miller, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Wayne Gilbert, EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc., Elise R. DeVore, Dennis Bulcao, Mitchell Horton, Scott Ruth, Scott P. Downey, Guy Williams, Cindy Seley, David Paschkett, Jay S. Ewing.(Burke, Christopher) (Entered: 11/30/2007)
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: (75 in 1:06-md-01780-LAP) MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Sony Corporation of America. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:06-md-01780-LAP et al.(Winston, Georgia) (Entered: 10/15/2007)
REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records Inc., Bertelsmann Music Group, Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc.. (Logan, Kenneth) (Entered: 10/15/2007)
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint. ("Defendant Time Warner's Supplemental Reply Memorandum Of Law In Further Support Of Defendants' Motion To Dismiss Plaintiffs' Second Consolidated Amended Complaint"). Document filed by Time Warner Inc.. (Skaistis, Rachel) (Entered: 10/15/2007)
REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Bertelsmann, Inc.. (Wiseman, Alan) (Entered: 10/15/2007)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Helena Almeida dated 10/12/07 re: defendants request permission to file a joint reply memorandum of no more than 30 pages... In addition, the three defendants who filed supplemental memoranda addressing issues unique to them request permission to file short replies in response to plaintiffs' supplemental opposition brief. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/15/07) (rjm) (Entered: 10/15/2007)
NOTICE OF CHANGE OF ADDRESS by Christopher M. Burke on behalf of Cato Thornton, Claire Barker. New Address: Glancy Binkow & Goldberg LLP, One Embarcadero Center, Suite 760, San Francisco, California, USA 94111, 415-972-8160. (Burke, Christopher) (Entered: 10/08/2007)
DECLARATION of Imtiaz A. Siddiqui in Opposition re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by David Paschkett(on behalf of all others similarly situated), Cindy Seley(on behalf of all others similarly situated), Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Mitchell Horton. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Siddiqui, Imtiaz) (Entered: 09/13/2007)
MEMORANDUM OF LAW in Opposition re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint. In Response To Supplemental Memoranda Of Bertelsmann, Inc., Sony Corporation of America and Time Warner Inc.. Document filed by David Paschkett(on behalf of all others similarly situated), Cindy Seley(on behalf of all others similarly situated), Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Mitchell Horton. (Siddiqui, Imtiaz) (Entered: 09/13/2007)
MEMORANDUM OF LAW in Opposition re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by David Paschkett(on behalf of all others similarly situated), Cindy Seley(on behalf of all others similarly situated), Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Mitchell Horton. (Siddiqui, Imtiaz) (Entered: 09/13/2007)
NOTICE of Name Change. Document filed by EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc., Virgin Records America Inc.. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Carrico, Matthew) (Entered: 08/24/2007)
NOTICE OF APPEARANCE by Matthew Stephen Carrico on behalf of EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc. (Carrico, Matthew) (Entered: 08/03/2007)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying EMI Group plc as Corporate Parent. Document filed by EMI Music North America, Capitol Records Inc., EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc..Associated Cases: 1:06-md-01780-LAP et al.(Steuer, Richard) (Entered: 08/03/2007)
NOTICE OF APPEARANCE by Richard Marc Steuer on behalf of EMI Group North America, Inc., Capitol-EMI Music, Inc., Virgin Records America, Inc. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Steuer, Richard) (Entered: 08/03/2007)
CERTIFICATE OF SERVICE of Supplemental Memorandum of Law in Support of the Motion to Dismiss and the Corporate Disclosure Statement served on All Counsel of Record on 07/30/2007. Service was made by ECF Notification and Email. Document filed by Sony Corporation of America, Sony BMG Music Entertainment, Sony BMG Music Entertainment, Sony Corporation Of America, Sony Corporation of America, Song BMG Music Entertainment, Sony Corporation of America, Sony Corporation of America, Sony BMG Entertainment, Sony Corporation of America. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Winston, Georgia) (Entered: 07/30/2007)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (75 in 1:06-md-01780-LAP) MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Sony Corporation of America, Sony BMG Music Entertainment, Sony BMG Music Entertainment, Sony Corporation Of America, Sony Corporation of America, Song BMG Music Entertainment, Sony Corporation of America, Sony Corporation of America, Sony BMG Entertainment, Sony Corporation of America. Filed In Associated Cases: 1:06-md-01780-LAP et al.(Winston, Georgia) (Entered: 07/30/2007)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Sony Corporation as Corporate Parent. Document filed by Sony Corporation of America, Sony BMG Music Entertainment, Sony BMG Music Entertainment, Sony Corporation Of America, Sony Corporation of America, Song BMG Music Entertainment, Sony Corporation of America, Sony Corporation of America, Sony BMG Entertainment, Sony Corporation of America.Associated Cases: 1:06-md-01780-LAP et al.(Winston, Georgia) (Entered: 07/30/2007)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Time Warner Inc.. (Attachments: # 1 Exhibit A to Defendant Time Warner's Supplemental Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Second Consolidated Amended Complaint)(Logan, Kenneth) (Entered: 07/30/2007)
JOINT MEMORANDUM OF LAW in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records, Inc.. (Logan, Kenneth) (Entered: 07/30/2007)
DECLARATION of Helena Almeida in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records, Inc.. (Attachments: # 1 Exhibit A to Declaration of Helena Almeida# 2 Exhibit B to Declaration of Helena Almeida# 3 Exhibit C to Declaration of Helena Almeida# 4 Exhibit D to Declaration of Helena Almeida# 5 Exhibit E to Declaration of Helena Almeida# 6 Exhibit F to Declaration of Helena Almeida# 7 Exhibit G to Declaration of Helena Almeida# 8 Exhibit H to Declaration of Helena Almeida)(Logan, Kenneth) (Entered: 07/30/2007)
RESPONSE in Support re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint. Bertelsmann, Inc's Supplemental Memorandum in Support of Defendants' Motion to Dismiss. Document filed by Bertelsmann, Inc.. (Wiseman, Alan) (Entered: 07/30/2007)
MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint. Document filed by Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records, Inc..(Logan, Kenneth) (Entered: 07/30/2007)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Warner Music Group Corp..Associated Cases: 1:06-md-01780-LAP et al.(Logan, Kenneth) (Entered: 07/30/2007)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Helena Almeida dated 7/27/07 re: Request for an extension of page limits for the memorandum of law to be filed Monday, 7/30, in support of defendants' motion to dismiss the Second Amended Consolidated Complaint in this action. Defendants request for permission to file a joint memorandum of no more than 45 pages. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 7/27/07) (rjm) (Entered: 07/27/2007)
SECOND CONSOLIDATED AMENDED COMPLAINT. Jury Trial Demanded... against Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Music North America, Capitol Records, Inc..Document filed by Claire Barker, Andrew Edenbaum, Rachael Hall, Paul Hampsch, Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Sheri Clark, Mitchell Horton, Cindy Seley, David Paschkett.(rjm) Additional attachment(s) added on 6/22/2007 (Miranda, Robert). (Entered: 06/15/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Douglas G. Thompson for Cindy Seley admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/29/07) (rjm) (Entered: 05/31/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Brian Barry for Yehuda Spector admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 4/26/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 04/27/2007)
FIRST CONSOLIDATED AMENDED COMPLAINT (Jury Trial Demanded) against Sony BMG Music Entertainment, Sony Corporation of America, Bertelsmann, Inc., Universal Music Group, Time Warner Inc., Warner Music Group Corp., EMI Group, PLC. Document filed by Sheri Clark, David Paschkett, Christopher Michaud, Matt Putman, Lisa Owens, Richard Benham, Keaton Landry, Cato Thornton, Kevin Starr, Mitchell Horton, Cindy Seley, David Paschkett.(rjm). (Entered: 04/17/2007)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Imtiaz Siddiqui dated 4/16/07 re: Directing the Clerk of the Court to accept for filing the First Consolidated Amended Complaint without original signature. (Signed by Judge Loretta A. Preska on 4/16/07) (rjm) (Entered: 04/16/2007)
PRETRIAL ORDER regarding the procedures to be followed that shall govern the handling of the Appointment of Interim Co-Lead Counsel, Foreign Plaintiffs' Liaison Counsel and Steering Committee. (Signed by Judge Loretta A. Preska on 4/10/07) (rjm) (Entered: 04/10/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Allan Steyer for Dennis Bulcao admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 3/21/07) (rjm) (Entered: 03/22/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jessica Carolyn Grannis for Dennis Bulcao admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 3/21/07) (rjm) (Entered: 03/22/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney D. Scott Macrae for Dennis Bulcao admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 3/21/07) (rjm) (Entered: 03/22/2007)
CASE MANAGEMENT ORDER NO. 3. Amended Pleadings due by 4/13/2007. Response to Consolidated Amended Complaint no later than thirty days after service of the Consolidated Amended Complaint... Defendants shall have forty-five days from service of Paintiffs' Response to serve and file their motions to dismiss the Consolidated Amended Complaint... Plaintiffs have agreed to voluntarily dismiss all claims in the captioned action and in any actions consolidated in this action against EMI Group PLC without prejudice and to substitute Capitol Records, Inc. dba EMI Music North America as a defendant in its stead: therefore, all claims in the captioned action and in any actions consolidated in this action against EMI Group PLC are dismissed without prejudice, and Capitol Records, Inc. dba EMI Music North America is substituted as a defendant in its stead... and as further set forth regarding the procedures to be followed that shall govern the handling of Case Management Order No. 3. (Signed by Judge Loretta A. Preska on 3/12/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 03/12/2007)
NOTICE OF CHANGE OF ADDRESS by Nadeem Faruqi on behalf of Tracy Thomas, Jay S. Ewing. New Address: FARUQI & FARUQI, LLP, 369 Lexington Avenue, 10th Floor, New York, NY, 10017-6531, (212) 983-9330. (Faruqi, Nadeem) (Entered: 03/07/2007)
MEMORANDUM OPINION AND ORDER #94330... the motion for recusal [dkt nos. 39 and 54] is denied. Counsel for the parties shall confer and submit, no later than 3/9/07, a proposed revised pre-trial schedule, including Plaintiffs' time to file the Consolidated Class Action Complaint. (Signed by Judge Loretta A. Preska on 2/27/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 02/28/2007)
ORDER. The Clerk of the Court is directed to accept for filing and docket the following additional document concerning the recusal issue: Letter from Kenneth R. Logan, Esq., on behalf of the parties, to the Court, dated 11/10/06. (Signed by Judge Loretta A. Preska on 2/22/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 02/26/2007)
LETTER addressed to Judge Loretta A. Preska from Georgia K. Winston dated 2/8/2007; with the consent of the other defendants, attached is a supplemental affidavit by Thomas J. Kavaler, which address issues raised by the Plaintiffs' letter to the Court of 1/31/2007.Associated Cases: 1:06-md-01780-LAP et al.(kkc) (Entered: 02/23/2007)
LETTER addressed to Judge Loretta A. Preska from John J. Stoia, Jr. & Christopher Lovell dated 1/31/2007; counsel for the plaintiffs write in response to the Court's 1/23/2007 Order concerning the recusal issue, certain points made in defendants' 1/12/2007 letter to the Court, and averments contained in the 1/18/2007 Affidavit of thomas J. Kavaler.Associated Cases: 1:06-md-01780-LAP et al.(kkc) (Entered: 02/23/2007)
ORDER. The Clerk of the Court is directed to accept for filing and docket the following additional documents concerning the recusal issue: (i) Letter from John J. Stoia, Jr. and Christopher Lovell, proposed Interim Co-Lead Counsel on behalf of Ptffs. and the proposed Class, including the exhibits appended thereto, dated 1/31/07; and (ii) Letter from Georgia K. Winston, on behalf of Defts., including its attachment, dated 2/8/07. (Signed by Judge Loretta A. Preska on 2/20/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) Additional attachment(s) added on 2/23/2007 (kkc). (Entered: 02/21/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Guido Saveri for Anthony Brass admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/13/07) (rjm) (Entered: 02/14/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney R. Alexander Saveri for Anthony Brass admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/9/07) (rjm) (Entered: 02/14/2007)
ORDER ON MOTION ADMITTING ATTORNEY PRO HAC VICE. Attorney Derek G. Howard for Nelly Chung admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/9/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 02/13/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Francis J. Balint, Jr for Scott Ruth admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/6/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 02/07/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Gilmur R. Murray for Nelly Chung admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 2/2/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 02/02/2007)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P., Plaintiff Kiana F. Sarraf hereby voluntarily dismisses, without prejudice, her complaint pending in Docket Number 06cv7710. (Signed by Judge Loretta A. Preska on 1/31/07) Filed In Associated Cases: 1:06-md-01780-LAP, 1:06-cv-07710-LAP(rjm) (Entered: 02/01/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Scott Yundt for Nelly Chung admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/30/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 01/31/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Glenn D. Pomerantz for Universal Music Group, Inc. admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/24/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 01/24/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Kelly M. Klaus for Universal Music Group, Inc. admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/24/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 01/24/2007)
LETTER addressed to Judge Loretta A. Preska from Georgia K. Winston dated 1/19/2007; with the consent of the other Defendants, attached please find an affidavit by Thomas J. Kavaler, which supplements the letter submitted by the Defendants on 1/12/2007. Document filed by Sony BMG Music Entertainment.Associated Cases: 1:06-md-01780-LAP et al.(kkc) (Entered: 01/23/2007)
LETTER addressed to Judge Loretta A. Preska from Kenneth R. Logan dated 1/12/2007; with the consent of the other Defendants, counsel writes in response to Plaintiffs' 12/20/2006 letter in which Plaintiffs request a pre-motion conference. Document filed by Warner Music Group Corp.Associated Cases: 1:06-md-01780-LAP et al.(kkc) (Entered: 01/23/2007)
LETTER addressed to Judge Loretta A. Preska from John J. Stoia Jr. & Christopher Lovell dated 12/20/2006; counsel writes in response to the Judge's Memorandum entered 11/17/2006 to request that the Court schedule a pre-motion conference pursuant to The Judge's Individual practices. Document filed by all plaintiffs.Associated Cases: 1:06-md-01780-LAP et al.(kkc) (Entered: 01/23/2007)
ORDER (this document relates to all cases); any party wishing to make a further written submission concerning the recusal issue shall do so no later than Wednesday, 1/31/2007. The Clerk of the Court is directed to accept for filing and docket the following documents: (i) Letter from John J. Stoia, Jr. and Christopher Lovell, Proposed Interim Co-Lead Counsel on behalf of all Plaintiffs and the Class, including the exhibits appended thereto, dated 12/20/2006; (ii) Letter from Kenneth R. Logan, on behalf of Defendants, including its attachment, dated 1/12/2007; and (iii) Letter from Georgis K. Winston, on behalf of Defendants, including its attachment, dated 1/19/2007. (Signed by Judge Loretta A. Preska on 1/23/2007) Filed In Associated Cases: 1:06-md-01780-LAP et al.(kkc) (Entered: 01/23/2007)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jayne Arnold Goldstein for Richard Benham admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/17/2007) Filed In Associated Cases: 1:06-md-01780-LAP, 1:06-cv-07703-LAP(kkc) (Entered: 01/19/2007)
ORDER Pending resolution of the recusal issue raised in Mr. Stoia's and Mr. Lowell's 12/20/06 joint letter, all dates are adjourned sine die. (Signed by Judge Loretta A. Preska on 1/12/07) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 01/16/2007)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-5)... transferring this action(s) from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Northern District of California, C.A. Nos. 3:06-3927, 3:06-3801, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Loretta A. Preska, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/20/06) (rjm, ) (Entered: 01/11/2007)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION that Edward W. Millstein... is admitted to practice pro hac vice as counsel for plaintiffs. (Signed by Judge Loretta A. Preska on 12/22/06) (rjm, ) (Entered: 12/26/2006)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION that John J. Stoia, Jr... is admitted to practice pro hac vice as counsel for plaintiffs. (Signed by Judge Loretta A. Preska on 12/22/06) (rjm, ) (Entered: 12/26/2006)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION that Christopher M. Burke... is admitted to practice pro hac vice as counsel for plaintiffs. (Signed by Judge Loretta A. Preska on 12/22/06) (rjm, ) (Entered: 12/26/2006)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION that Thomas G. Wilhelm... is admitted to practice pro hac vice as counsel for plaintiffs. (Signed by Judge Loretta A. Preska on 12/22/06) (rjm, ) (Entered: 12/26/2006)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION that Bonny E. Sweeney... is admitted to practice pro hac vice as counsel for plaintiffs. (Signed by Judge Loretta A. Preska on 12/22/06) (rjm, ) (Entered: 12/26/2006)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-4)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Northern District of California, C.A. No. 3:06-4453, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Loretta A. Preska, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/16/06) (rjm, ) (Entered: 12/13/2006)
CASE MANAGEMENT ORDER NO. 2... Regarding the procedures to be followed that shall govern the handling of Plaintiffs' Lead Counsel, Schedule of Service and Filing of Consolidated Class Action Complaint, Response to Consolidated Amended Complaint, Discovery, Service of Papers and Substitution of Party. (Signed by Judge Loretta A. Preska on 12/5/06) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-03086-LAP,1:06-cv-04211-LAP,1:06-cv-05602-LAP,1:06-cv-06281-LAP,1:06-cv-06282-LAP, 1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP,1:06-cv-07697-LAP,1:06-cv-07698-LAP, 1:06-cv-07699-LAP,1:06-cv-07700-LAP,1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP, 1:06-cv-07704-LAP,1:06-cv-07705-LAP,1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP, 1:06-cv-07709-LAP,1:06-cv-07710-LAP,1:06-cv-09425-LAP,1:06-cv-09943-LAP(rjm, ) (Entered: 12/06/2006)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Sarah Wetzstein for Sony BMG Music Entertainment and Sony Corporation of America admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 12/5/06) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-03086-LAP,1:06-cv-04211-LAP,1:06-cv-05602-LAP,1:06-cv-06281-LAP,1:06-cv-06282-LAP, 1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP,1:06-cv-07697-LAP,1:06-cv-07698-LAP, 1:06-cv-07699-LAP,1:06-cv-07700-LAP,1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP, 1:06-cv-07704-LAP,1:06-cv-07705-LAP,1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP, 1:06-cv-07709-LAP,1:06-cv-07710-LAP,1:06-cv-09425-LAP,1:06-cv-09943-LAP(rjm, ) (Entered: 12/06/2006)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Scott A. Edelman for Sony BMG Music Entertainment and Sony Corporation of America admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 12/5/06) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-03086-LAP,1:06-cv-04211-LAP,1:06-cv-05602-LAP,1:06-cv-06281-LAP,1:06-cv-06282-LAP, 1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP,1:06-cv-07697-LAP,1:06-cv-07698-LAP, 1:06-cv-07699-LAP,1:06-cv-07700-LAP,1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP, 1:06-cv-07704-LAP,1:06-cv-07705-LAP,1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP, 1:06-cv-07709-LAP,1:06-cv-07710-LAP,1:06-cv-09425-LAP,1:06-cv-09943-LAP(rjm, ) (Entered: 12/06/2006)
NOTICE of Notice of Motion for Appointment of Interim Co-Lead Counsel, Steering Committee and Plaintiffs' Foreign Liaison Counsel. Document filed by Dennis Bulcao. (Rothman, Robert) (Entered: 12/05/2006)
NOTICE OF APPEARANCE by Christina Guerola Sarchio on behalf of Bertelsmann, Inc., Bertelsmann Music Group, Inc. (Sarchio, Christina) (Entered: 12/05/2006)
ENDORSED LETTER addressed to Judge Loretta A. Preska from Christopher M. Burke dated 11/30/06 re: the timing of the submission of certain papers arising out of the parties' initial case management conference... The parties may submit to the Court a proposed Case Management Order No. 1 on Monday, 12/4/06 and plaintiffs' proposed organizational papers on Tuesday, 12/5/06. (Signed by Judge Loretta A. Preska on 11/30/06) (rjm, ) (Entered: 12/01/2006)
NOTICE OF APPEARANCE by Joseph Kattan on behalf of Sony BMG Music Entertainment, Sony Corporation of America (Attachments: # 1 Certificate of Service)(Kattan, Joseph) (Entered: 11/28/2006)
MEMORANDUM (this document relates to all actions); the parties are informed that the law firm in which my husband is a partner, Cahill Gordon & Reindel LLP, from time to time represents Sony BMG Music Entertainment and Warner Bros. Records Inc., and he has worked on those matters. The firm has also represented UMG Recordings, Inc., and he has worked on those matters. (Signed by Judge Loretta A. Preska on 11/16/2006) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-06281-LAP,1:06-cv-06282-LAP,1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP, 1:06-cv-07628-JFK,1:06-cv-07697-LAP,1:06-cv-07698-LAP,1:06-cv-07699-LAP,1:06-cv-07700-LAP, 1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP,1:06-cv-07704-LAP,1:06-cv-07705-LAP, 1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP,1:06-cv-07709-LAP,1:06-cv-07710-LAP, 1:06-cv-09425-LAP,1:06-cv-09943-LAP(kkc, ) (Entered: 11/17/2006)
CASE MANAGEMENT ORDER NO. 1 (this document relates to all actions); 1. All attorneys who have been admitted to this Court, either for all purposes or pro hac vice for purposes of this case, shall complete and file a CM/ECF attorney registration form. Forms can be found on the court's website at www.nysd.uscourts.gov. 2. All attorneys who wish to be admitted for purposes of this case shall send a motion to be admitted pro hac vice to John Sacco at the United States District Court for the Southern District of New York, 500 Pearl Street, Room 249, New York, NY 10007. In addition to the documentation required by the Local Rules for the Southern and Eastern Districts of New York, Civil Rule 1.3, attorneys wishing to appear pro hac vice must also include with their motion a check for $25.00 payable to the Clerk of the Court and a completed CM/ECF attorney registration form. 3. All documents filed in the MDL case and the underlying civil cases shall be filed electronically on the court's ECF system via the Internet at ecf.nysd.uscourts.gov according to the filing procedures attached hereto as Appendix A. (Signed by Judge Loretta A. Preska on 11/16/2006) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-06281-LAP,1:06-cv-06282-LAP,1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP, 1:06-cv-07628-JFK,1:06-cv-07697-LAP,1:06-cv-07698-LAP,1:06-cv-07699-LAP,1:06-cv-07700-LAP, 1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP,1:06-cv-07704-LAP,1:06-cv-07705-LAP, 1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP,1:06-cv-07709-LAP,1:06-cv-07710-LAP, 1:06-cv-09425-LAP,1:06-cv-09943-LAP(kkc, ) (Entered: 11/17/2006)
ENDORSEMENT: due to a necessary change in the Court's calendar, the initial pre-trial conference scheduled for 11/17/2006 originally scheduled for 9:00 am will now take place at 10:00 am. (Signed by Judge Loretta A. Preska on 11/15/2006) (kkc, ) (Entered: 11/16/2006)
ORDER (This document relates to: All Actions); Joseph Kattan is admitted to the bar of this Court pro hac vice. (Signed by Judge Loretta A. Preska on 11/9/06) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-06281-LAP,1:06-cv-06282-LAP,1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP, 1:06-cv-07628-JFK,1:06-cv-07697-LAP,1:06-cv-07698-LAP,1:06-cv-07699-LAP,1:06-cv-07700-LAP, 1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP,1:06-cv-07704-LAP,1:06-cv-07705-LAP, 1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP,1:06-cv-07709-LAP,1:06-cv-07710-LAP, 1:06-cv-09425-LAP,1:06-cv-09943-LAP(sn) (Entered: 11/09/2006)
MOTION for Joseph Kattan to Appear Pro Hac Vice. Document filed by Sony BMG Music Entertainment, Sony Corporation of America. (kkc, ) (Entered: 11/03/2006)
NOTICE OF APPEARANCE by Georgia K. Winston on behalf of Sony BMG Music Entertainment, Sony Corporation of America (Attachments: # 1 Certificate of Service)(Winston, Georgia) (Entered: 11/02/2006)
ORDER ON MOTION FOR ADMISSION PRO HAC VICE OF ALAN M. WISEMAN; the motion is granted and Alan M. Wiseman is permitted to appear in this action as counsel for Bertelsmann Music Group, Inc. and Bertelsmann, Inc. (Signed by Judge Loretta A. Preska on 10/27/06) This document relates to: ALL ACTIONS.Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-06281-LAP,1:06-cv-06282-LAP,1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP, 1:06-cv-07628-JFK,1:06-cv-07630-JFK,1:06-cv-07697-LAP,1:06-cv-07698-LAP,1:06-cv-07699-LAP, 1:06-cv-07700-LAP,1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP,1:06-cv-07704-LAP, 1:06-cv-07705-LAP,1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP,1:06-cv-07709-LAP, 1:06-cv-07710-LAP,1:06-cv-09425-LAP,1:06-cv-09943-LAP(sn) (Entered: 10/27/2006)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-3)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Northern District of California C.A. No. 4:06-5254, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Loretta A. Preska, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 9/27/06) (rjm, ) (Entered: 10/20/2006)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2)... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Northern District of Texas, C.A. No. 3:06-1531, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Loretta A. Preska, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 9/21/06) (rjm, ) (Entered: 10/18/2006)
ORDER that counsel shall appear for the Initial Pretrial Conference set for 11/8/2006 09:00 AM before Judge Loretta A. Preska. Counsel shall confer among themselves and inform the Court by letter no later than 11/1/06 about how they propose to proceed. (Signed by Judge Loretta A. Preska on 10/12/06) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-06281-LAP,1:06-cv-06282-LAP,1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP, 1:06-cv-07628-JFK,1:06-cv-07630-JFK,1:06-cv-07697-LAP,1:06-cv-07698-LAP,1:06-cv-07699-LAP, 1:06-cv-07700-LAP,1:06-cv-07701-LAP,1:06-cv-07702-LAP,1:06-cv-07703-LAP,1:06-cv-07704-LAP, 1:06-cv-07705-LAP,1:06-cv-07706-LAP,1:06-cv-07707-LAP,1:06-cv-07708-LAP,1:06-cv-07709-LAP, 1:06-cv-07710-LAP(rjm, ) (Entered: 10/12/2006)
ORDER Granting Ptff's Motion ADMITTING ATTORNEY PRO HAC VICE. Attorney Daniel D'Angelo for Shannon Corkery admitted Pro Hac Vice. (Signed by Judge Loretta A. Preska on 9/29/06) Filed In Associated Cases: 1:06-md-01780-LAP,1:06-cv-01887-LAP,1:06-cv-02355-LAP,1:06-cv-02610-LAP,1:06-cv-02732-LAP, 1:06-cv-06281-LAP,1:06-cv-06282-LAP,1:06-cv-06283-LAP,1:06-cv-06284-LAP,1:06-cv-06285-LAP, 1:06-cv-07697-LAP,1:06-cv-07698-LAP,1:06-cv-07699-LAP,1:06-cv-07700-LAP,1:06-cv-07701-LAP, 1:06-cv-07702-LAP,1:06-cv-07703-LAP,1:06-cv-07704-LAP,1:06-cv-07705-LAP,1:06-cv-07706-LAP(rjm, ) (Entered: 10/02/2006)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1)... transferring this action(s) from the United States District Court - other than the SDNY and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Loretta A. Preska, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/30/06) (rjm, ) (Entered: 09/28/2006)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Central District of California, Northern District of California, and Southern District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Loretta A. Preska, for coordinated or consolidated pretrial proceedings with the actions pending in those districts and listed on Schedule A. (Signed by MDL Panel on 8/16/2006) (kkc, ) (Entered: 08/30/2006)
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