MANDATE of USCA (Certified Copy) as to 44 Corrected Notice of Appeal filed by Vince McClean, Mitch Moses, Zacharia L. Edwards USCA Case Number 14-2262. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/11/2014. (lmb) (Entered: 08/12/2014)
FILING ERROR - NO ORDER SELECTED FOR APPEAL - CORRECTED NOTICE OF APPEAL re: 42 Notice of Appeal,. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. (Attachments: # 1 Proof of Service)(Dmytriyeva, Olga) Modified on 6/20/2014 (tp). (Entered: 06/20/2014)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED NOTICE OF APPEAL from 37 Clerk's Judgment,. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Proof of Service)(Dmytriyeva, Olga) Modified on 6/20/2014 (tp). (Entered: 06/20/2014)
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. Filing fee $ 505.00, receipt number 0208-9804439. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Proof of Service)(Dmytriyeva, Olga) Modified on 6/20/2014 (tp). (Entered: 06/20/2014)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Denise L. Cote on 6/5/2014) (cd) (Entered: 06/05/2014)
MEMO ENDORSEMENT granting 38 Letter Motion for Extension of Time....The parties shall promptly contact Magistrate Judge Pitman to arrange for settlement discussions under his supervision. Any opposition to the August 1 motion is due August 15; reply is due August 29, 2014. (Signed by Judge Denise L. Cote on 6/5/2014) (gr) (Entered: 06/05/2014)
LETTER MOTION for Extension of Time to Submit Motions for Costs addressed to Judge Denise L. Cote from Jonathan D. Davis dated June 4, 2014. Document filed by Arista Records, Inc., Usher Raymond, IV.(Davis, Jonathan) (Entered: 06/04/2014)
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 23, 2014, Defendants' January 16, 2014 motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/27/2014) (Attachments: # 1 Right to Appeal)(km) (Entered: 05/27/2014)
OPINION & ORDER granting 18 MOTION to Dismiss THE COMPLAINT filed by Arista Records, Inc., Usher Raymond, IV. The Defendants' January 16, 2014 motion to dismiss is granted. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/23/2014) (cr) Modified on 5/23/2014 (cr). (Entered: 05/23/2014)
ORDER granting 6 Motion for Daniel J. Voelker to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 04/08/2014)
MEMO ENDORSEMENT: GRANTING Defendant BMG Rights Management (US) LLC'S Joinder in the Reply Memorandum in Further Support of the Moving Defendants' Motion to Dismiss the Complaint. (Signed by Judge Denise L. Cote on 3/17/2014) (gr) (Entered: 03/17/2014)
JOINDER to join re: 29 Reply Memorandum of Law in Support of Motion. Document filed by BMG Rights Management (US) LLC.(Jacobs, Robert) (Entered: 03/14/2014)
LETTER addressed to Judge Denise L. Cote from Jonathan D. Davis dated March 14, 2014 re: Request for Oral Argument. Document filed by Arista Records, Inc., Usher Raymond, IV.(Davis, Jonathan) (Entered: 03/14/2014)
REPLY MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss THE COMPLAINT.. Document filed by Arista Records, Inc., Usher Raymond, IV. (Davis, Jonathan) (Entered: 03/14/2014)
MEMORANDUM OF LAW in Opposition re: 18 MOTION to Dismiss THE COMPLAINT.. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. (Voelker, Daniel) (Entered: 02/21/2014)
NOTICE of Stipulation and Order re: 4 Stipulation and Order, Set Deadlines. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. (Voelker, Daniel) (Entered: 02/14/2014)
ORDER granting 21 Motion to Dismiss as to all claims against defendants, Dirty Dre Music (dba Universal Music Group, Inc.), Double Oh Eight (dba Universal Music Group, Inc.), Andre Harris, Vidal Davis, Jason Boyd, Ryan Toby, Pladis Music, Inc., and EMI April Music, without prejudice. (Signed by Judge Denise L. Cote on 1/31/2014) (gr) (Entered: 01/31/2014)
ORDER: For the reasons set forth in the January 27, 2014 letter written on behalf of all counsel, the January 31, 2014 conference is adjourned sine die. (Signed by Judge Denise L. Cote on 1/30/2014) (gr) (Entered: 01/30/2014)
LETTER addressed to Judge Denise L. Cote from Daniel J. Voelker dated January 27, 2014 re: Initial Pretrial Conference. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses.(Dmytriyeva, Olga) (Entered: 01/27/2014)
LETTER addressed to Judge Denise L. Cote from Daniel J. Voelker dated January 24, 2014 re: Related Cases; Response to Letter from Jonathan D. Davis dated January 24, 2014. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses.(Dmytriyeva, Olga) (Entered: 01/24/2014)
LETTER addressed to Judge Denise L. Cote from Jonathan D. Davis dated January 24, 2014 re: Related Case. Document filed by Arista Records, Inc., Usher Raymond, IV. (Attachments: # 1 Exhibit)(Davis, Jonathan) (Entered: 01/24/2014)
MOTION to Dismiss Certain Defendants. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Dmytriyeva, Olga) (Entered: 01/23/2014)
MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss THE COMPLAINT.. Document filed by Arista Records, Inc., Usher Raymond, IV. (Davis, Jonathan) (Entered: 01/17/2014)
MOTION to Dismiss THE COMPLAINT. Document filed by Arista Records, Inc., Usher Raymond, IV. Responses due by 2/17/2014(Davis, Jonathan) (Entered: 01/17/2014)
MOTION for Joinder -- Defendant BMG Rights Management (US) LLC's Notice Of Motion And Joinder In The Motion To Dismiss The Complaint And Supporting Memorandum Of Law By Defendants Usher Raymond Iv And Sony Music Entertainment. Document filed by BMG Rights Management (US) LLC.(Jacobs, Robert) (Entered: 01/16/2014)
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss THE COMPLAINT. Document filed by Arista Records, Inc., Usher Raymond, IV. (Davis, Jonathan) Modified on 1/17/2014 (db). (Entered: 01/16/2014)
MOTION for Daniel J. Voelker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9173050. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zacharia L. Edwards, Vince McClean, Mitch Moses. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Voelker, Daniel) (Entered: 12/13/2013)
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between undersigned counsel for the parties to this stipulation, as follows: 1. Plaintiffs, ZACHARIA L. EDWARDS, MITCH MOSES AND VINCE McCLEAN (collectively, "Plaintiffs"), incorrectly sued BMG Rights Management (US) LLC ("BMG") as defendants HITCO MUSIC PUBLISHING, LLC ("Hitco") and MUSIC OF WINDSWEPT ("Windswept"), both of which merged into BMG on or about December 31, 2011. 2. BMG, on behalf of defendants Hitco and Windswept, hereby acknowledges service of the Summons and Complaint in the above-captioned action. 3. The caption of this action shall be amended to name "BMG Rights Management(US) LLC" in place of "Hitco Music Publishing LLC" and "Music of Windswept. 4. Because establishing a single date for all defendants to respond to the Complaint will promote efficiency and conserve judicial resources, BMG shall answer, move or otherwise respond to the Complaint on or before Thursday, January 16, 2014. 5. Plaintiffs' response to any motion, counterclaim or other response filed by BMG shall be due on or before Monday, February 17, 2014. 6. BMG's reply in further support of any motion filed in response to the Complaint shall be due on or before Friday, March 7, 2014. 7. The delivery of an executed counterpart of this Stipulation by facsimile or electronic mail shall have the same force and effect as delivery of an original executed counterpart. BMG Rights Management (US) LLC answer due 1/16/2014.( Responses due by 2/17/2014, Replies due by 3/7/2014.) (Signed by Judge Denise L. Cote on 12/10/2013) (djc) Modified on 12/10/2013 (djc). Modified on 12/10/2013 (djc). Modified on 12/11/2013 (djc). Modified on 12/11/2013 (djc). (Entered: 12/10/2013)
STIPULATION AND ORDER, Arista Records, Inc. answer due 1/16/2014; Usher Raymond, IV answer due 1/16/2014; Universal Music Group answer due 1/16/2014. So Ordered. (Signed by Judge Denise L. Cote on 12/5/2013) (gr) (Entered: 12/05/2013)
NOTICE OF INITIAL PRETRIAL CONFERENCE ("NOTICE"): Initial Conference set for 1/31/2014 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 11/20/2013) (gr) (Entered: 11/20/2013)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (msa) (Entered: 11/13/2013)
COMPLAINT against Arista Records, Inc., Jason Boyd, Vidal Davis, Dirty Dre Music, Double Oh Eight, EMI April Music, Inc., Andre Harris, Hitco Music Publishing LLC, Music of Windswept, Pladis Music, Inc., Poo B Z Publishing, Inc., Usher Raymond, IV, Ryan Toby, Universal Music Group. (Filing Fee $ 350.00, Receipt Number 465401081035)Document filed by Zacharia L. Edwards, Mitch Moses, Vince McClean. (Attachments: # 1 cmp part 2)(msa) (Entered: 11/13/2013)