Case number 1:22-cv-07600
Blue Spike LLC et al v. Warner Music Group Corp. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 6, 2024 | 99 | ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 5.B of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to terminate ECF No. 92 and close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/6/2024) (ks) (Entered: 09/06/2024) (1) |
| Sep 6, 2024 | 100 | AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 9/6/2024 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: # 1 Order of Dismissal).(ks) (Entered: 09/06/2024) (0) |
| Sep 5, 2024 | 97 | MEMORANDUM OF LAW in Opposition re: 90 MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies ., 92 MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies - Corrected. . Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 09/05/2024) (12) |
| Sep 5, 2024 | 98 | DECLARATION of Paul W. Garrity in Opposition re: 90 MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies ., 92 MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies - Corrected.. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Exhibit A - screenshot of article, # 2 Exhibit B - July 21-24, 2024 email chain, # 3 Exhibit C - Blue Spikes Motion for Issuance of Lettersof Request to the Lenbrook Group of Companies, # 4 Exhibit D - Blue Spikes Motion for Issuance of Letters of Request to MQA, Ltd, # 5 Exhibit E - Blue Spikes Corrected Opposed Motion for Issuance, # 6 Exhibit F - Blue Spikes Corrected Motion for Issuance of Letters, # 7 Exhibit G - Blue Spikes First Set of Interrogatories, # 8 Exhibit H - Blue Spikes First Set of Requests for Production, # 9 Exhibit I - Defendants Responses to Blue Spikes First Set of Interrogatories, # 10 Exhibit J - Defendants Responses to Blue Spikes First Set of Requests for Production, # 11 Exhibit K - Blue Spikes Second Set of Requests for Production, # 12 Exhibit L - Defendants Responses to Blue Spikes Second Set of Requests for Production, # 13 Exhibit M - Blue Spikes infringement analysis chart, # 14 Exhibit N - Blue Spikes subpoena to MQA, # 15 Exhibit O - screenshot of the Preparation of Letters of Rogatory).(Garrity, Paul) (Entered: 09/05/2024) (0) |
| Aug 29, 2024 | 92 | MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies - Corrected. Document filed by Blue Spike International Ltd, Blue Spike LLC. (Attachments: # 1 Exhibit A).(May, Christopher) (Entered: 08/29/2024) (0) |
| Aug 29, 2024 | 93 | DECLARATION of Joel Glazer in Support re: 92 MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies - Corrected.. Document filed by Blue Spike International Ltd, Blue Spike LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11).(May, Christopher) (Entered: 08/29/2024) (0) |
| Aug 29, 2024 | 94 | LETTER MOTION for Leave to File Letter for Removal of Dkt. Nos. 90 & 91 addressed to Judge Jesse M. Furman from Christopher May dated August 29, 2024. Document filed by Blue Spike International Ltd, Blue Spike LLC..(May, Christopher) (Entered: 08/29/2024) (1) |
| Aug 29, 2024 | 95 | SCHEDULING ORDER: On August 29, 2024, Plaintiffs filed a motion for issuance of letters of request as to The Lenbrook Group of Companies in Canada. ECF No. 90. Any opposition to the motion shall be filed no later than September 5, 2024. No reply may be filed absent leave of Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/29/2024) Responses due by 9/5/2024 (ks) (Entered: 08/29/2024) (1) |
| Aug 29, 2024 | 96 | ORDER granting 94 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of Court is directed to strike ECF Nos. 90 and 91 (i.e., remove the linked PDFs). The Clerk of Court is directed to terminate Docket No. 94. SO ORDERED.. (Signed by Judge Jesse M. Furman on 8/29/2024) (ks) (Entered: 08/29/2024) (1) |
| Aug 28, 2024 | 90 | ***STRICKEN DOCUMENT. Deleted document number 90 from the case record. The document was stricken from this case pursuant to 96 Order on Motion for Leave to File Document, . (ks) MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies . Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit A).(May, Christopher) Modified on 8/29/2024 (ks). (Entered: 08/28/2024) (0) |
| Aug 28, 2024 | 91 | ***STRICKEN DOCUMENT. Deleted document number 91 from the case record. The document was stricken from this case pursuant to 96 Order on Motion for Leave to File Document, . (ks) DECLARATION of Joel Glazer in Support re: 90 MOTION for Issuance Of Letters Of Request To The Lenbrook Group Of Companies .. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11).(May, Christopher) Modified on 8/29/2024 (ks). (Entered: 08/28/2024) (0) |
| Aug 7, 2024 | 88 | ORDER granting 87 Letter Motion to Adjourn Conference. The joint letter motion to adjourn the settlement conference presently scheduled for August 21, 2024 (see 7/19/24 Order, ECF No. 86), at ECF No. 87 is GRANTED. The remote settlement conference is now re-scheduled before Magistrate Judge Stewart D. Aaron to take place on Wednesday, September 4, 2024, at 10:00 a.m. A Microsoft Teams link shall be provided by the Court to the parties in advance of the conference. SO ORDERED. Telephonic Settlement Conference set for 9/4/2024 at 10:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 8/7/2024) (kl) (Entered: 08/07/2024) (2) |
| Aug 7, 2024 | 89 | REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the claim construction hearing in this matter, previously scheduled for September 25, 2024, at 9:30 a.m., is RESCHEDULED for October 9, 2024, at 9:30 a.m. The hearing will be held in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Claim Construction Hearing set for 10/9/2024 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/7/24) (yv) Modified on 8/7/2024 (yv). (Entered: 08/07/2024) (1) |
| Aug 6, 2024 | 87 | JOINT LETTER MOTION to Adjourn Conference and Reschedule Remote Conference addressed to Magistrate Judge Stewart D. Aaron from Christopher May dated August 6, 2024. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) (Entered: 08/06/2024) (2) |
| Jul 19, 2024 | 86 | ORDER SCHEDULING SETTLEMENT CONFERENCE: A remote settlement conference is scheduled before Magistrate Judge Stewart D. Aaron on Wednesday, August 21, 2024, at 9:30 a.m. EDT. A Microsoft Teams link shall be provided by the Court to the parties in advance of the conference. Settlement Conference set for 8/21/2024 at 09:30 AM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart) (Entered: 07/19/2024) (0) |
| Jun 24, 2024 | 85 | MEMO ENDORSEMENT on re: 82 Letter Claim Construction and Case Status. filed by Wistaria Trading Ltd., Blue Spike LLC, Blue Spike International Ltd. ENDORSEMENT: Unless and until the Court orders otherwise, all parties shall appear for a claim construction hearing on September 25, 2024, at 9:30 a.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. No later than June 28, 2024, the parties shall reach out to Magistrate Judge Aaron's chambers to continue settlement discussions, and to schedule a settlement conference to occur no later than August 23, 2024. SO ORDERED., ( Claim Construction Hearing set for 9/25/2024 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/24/24) (yv) (Entered: 06/24/2024) (2) |
| Jun 21, 2024 | 81 | CLAIM CONSTRUCTION STATEMENT. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit Declaration of Christopher May, # 2 Exhibit A).(May, Christopher) (Entered: 06/21/2024) (0) |
| Jun 21, 2024 | 82 | LETTER addressed to Judge Jesse M. Furman from Christopher May dated June 21, 2024 re: Joint Letter re Claim Construction and Case Status. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) (Entered: 06/21/2024) (2) |
| Jun 21, 2024 | 83 | RESPONSE re: 78 Claim Construction Statement, . Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 06/21/2024) (22) |
| Jun 21, 2024 | 84 | DECLARATION of Michael Heins in Support re: 83 Response. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Exhibit A- Hallam-Baker Curriculum Vitae, # 2 Exhibit B- Hallam-Baker Transcript (from UMG) Part 1, # 3 Exhibit B- Hallam-Baker Transcript (from UMG) Part 2).(Garrity, Paul) (Entered: 06/21/2024) (0) |
| May 31, 2024 | 78 | CLAIM CONSTRUCTION STATEMENT. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Affidavit Declaration in Support of Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4).(May, Christopher) (Entered: 05/31/2024) (0) |
| May 31, 2024 | 79 | CLAIM CONSTRUCTION STATEMENT. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 05/31/2024) (26) |
| May 31, 2024 | 80 | DECLARATION of Michael K. Heins in Support re: 79 Claim Construction Statement. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Exhibit 1 - U.S. Patent No. 7,664,263, # 2 Exhibit 2 - U.S. Patent No. 8,265,276, # 3 Exhibit 3 - S. Patent No. 7,813,506, # 4 Exhibit 4 - U.S. Patent No. 7,647,502, # 5 Exhibit 5 - Record of Oral Hearing, # 6 Exhibit 6 - Dr. Joshua Reiss Expert Declaration, # 7 Exhibit 7 - Claim Construction Order, # 8 Exhibit 8 - Final Ruling on Markman/Claim Construction Hearing, # 9 Exhibit 9 - Dr. Philip Hallam-Baker Declaration, # 10 Exhibit 10 - November 17, 2023 Deposition of Dr. Joshua Reiss, # 11 Exhibit 11 - Defendants Opening Claim Construction Brief, # 12 Exhibit 12 - Defendants Response to Plaintiffs Opening Claim Construction Brief, # 13 Exhibit 13 - Defendants Submission Regarding the Differential Access Limitation).(Garrity, Paul) (Entered: 05/31/2024) (0) |
| May 8, 2024 | 77 | ORDER: As stated during the teleconference held earlier today, the parties shall file a joint letter, no later than the deadline for their claim construction opposition briefs (June 21, 2024, see ECF No. 68), addressing the need for a claim construction hearing, the proposed nature of any such hearing, and the parties' availabilities for the hearing in July or August 2024. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/8/2024) (tg) (Entered: 05/08/2024) (1) |
| May 3, 2024 | 76 | MEMO ENDORSEMENT on re: 75 Letter status update filed by Wistaria Trading Ltd., Blue Spike LLC, Blue Spike International Ltd. ENDORSEMENT: The Court will hold the pretrial conference scheduled for May 8, 2024, but the time is hereby CHANGED to 2:30 p.m. The call-in instructions remain the same. See ECF No. 74.SO ORDERED., ( Pretrial Conference set for 5/8/2024 at 02:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/5/24) (yv) (Entered: 05/03/2024) (4) |
| May 2, 2024 | 75 | JOINT LETTER addressed to Judge Jesse M. Furman from Andrew Sherman dated May 2, 2024 re: joint status update. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(Sherman, Andrew) (Entered: 05/02/2024) (4) |
| May 1, 2024 | 74 | ORDER The parties are reminded that, per the Case Management Plan and Scheduling Order ("CMP"), ECF No. 61, counsel should submit their joint status letter on ECF no later than the Thursday prior to the upcoming pretrial conference. The letter should address, in addition to the issues set forth in the CMP, whether the parties can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the CMP remain in effect. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephoneconferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 5/1/2024) (jca) (Entered: 05/01/2024) (1) |
| Apr 19, 2024 | 73 | JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit A - Joint Disputed Claim Terms Chart).(Sherman, Andrew) (Entered: 04/19/2024) (0) |
| Mar 14, 2024 | 72 | LETTER addressed to Judge Jesse M. Furman from Andrew Sherman dated 3/14/2024 re: Status update pursuant to the Court's Order in the Civil Case Management Plan and Scheduling Order, dated November 14, 2023 (DI 61). Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2).(Sherman, Andrew) (Entered: 03/14/2024) (0) |
| Feb 1, 2024 | 71 | ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart D. Aaron Tuesday, April 30, 2024, at 10:00 a.m. EST in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY 10007. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at http://www.nysd.uscourts.gov/judge/Aaron. Please note that Section 4 of the Settlement Conference Procedures requires counsel for each party to send a pre-settlement conference letter no later than 7 days before the conference (i.e., Tuesday, April 30, 2024). SO ORDERED. ( Settlement Conference set for 4/30/2024 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 2/1/2024) (va) (Main Document 71 replaced on 2/2/2024) (kv). (Entered: 02/01/2024) (1) |
| Jan 31, 2024 | 70 | LETTER addressed to Magistrate Judge Stewart D. Aaron from Andrew Sherman dated January 31, 2024 re: Settlement Conference. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(Sherman, Andrew) (Entered: 01/31/2024) (1) |
| Jan 18, 2024 | 68 | MEMO ENDORSEMENT on re: 67 Letter Claim Construction and Case Status filed by Wistaria Trading Ltd., Blue Spike LLC, Blue Spike International Ltd., ENDORSEMENT : Application GRANTED. The pretrial conference currently scheduled for March 20, 2024 is hereby RESCHEDULED to May 8, 2024, at 9:00 a.m. The call-in information remains the same. See ECF No. 61, at 5. By separate Order issued today, the Court will refer the parties to Magistrate Judge Aaron for a settlement conference to be scheduled after March 14, 2024. SO ORDERED. ( Deposition due by 5/13/2024., Discovery due by 5/13/2024., Motions due by 5/31/2024., Responses due by 6/21/2024, Pretrial Conference set for 5/8/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/17/24) (yv) Modified on 2/8/2024 (yv). (Entered: 01/18/2024) (3) |
| Jan 18, 2024 | 69 | 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 Stewart D. Aaron. The parties are directed to contact the Chambers of Magistrate Judge Aaron no later than January 31, 2024 to schedule a settlement conference to take place after March 14, 2024. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/24) (yv) (Entered: 01/18/2024) (1) |
| Jan 16, 2024 | 66 | ORDER. Pursuant to the Court's November 14, 2023 Order, ECF No. 61, the parties were required to file a joint letter, the contents of which are described therein, by January 15, 2024. To date, the parties have not filed any such joint letter. As a courtesy, that deadline is hereby EXTENDED, nunc pro tunc, to January 18, 2024. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/24) (yv) (Entered: 01/16/2024) (1) |
| Jan 16, 2024 | 67 | JOINT LETTER addressed to Judge Jesse M. Furman from Christopher May, Esq. dated January 16, 2024 re: Claim Construction and Case Status. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) (Entered: 01/16/2024) (3) |
| Nov 22, 2023 | 64 | ORDER granting 62 Motion for Michael K. Heins to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/22/2023) (0) |
| Nov 22, 2023 | 65 | ORDER granting 63 Motion for Martin R. Bader to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/22/2023) (0) |
| Nov 21, 2023 | 62 | MOTION for Michael K. Heins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28602638. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Affidavit of Michael Heins, # 2 Exhibit Certificates of Good Standing (CA, VA, and DC), # 3 Proposed Order for Admission Pro Hac Vice of Michael Heins).(Heins, Michael) (Entered: 11/21/2023) (0) |
| Nov 21, 2023 | 63 | MOTION for Martin R. Bader to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28602668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Affidavit of Martin R. Bader, # 2 Exhibit Certificate of Good Standing (CA), # 3 Proposed Order for Admission Pro Hac Vice of Martin R. Bader).(Bader, Martin) (Entered: 11/21/2023) (0) |
| Nov 14, 2023 | 61 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5 days. Motions due by 12/7/2023. Deposition due by 3/29/2024. The parties shall file a joint letter by 1/15/2024 indicating whether they would like the Court to refer the case to the assigned Magistrate Judge and/or the Court mediation program for settlement purposes and, if so, approximately when they believe a settlement conference should be held. The letter shall also apprise the Court of the status of the claim construction process in 22-CV-6331 (GW) (C.D. Cal.) and address the implications of any claim construction ruling in that case for the instant matter. Pretrial Conference set for 3/20/2024 at 03:00 PM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. The parties should note the deadline for their next joint letter and the date of the next pretrial conference on the previous page. The Court also adopts the dates and deadlines set forth in the following pages. While the Court will hold off on referring this matter for settlement purposes to Magistrate Judge Aaron given the parties' shared sentiment that a settlement conference would not be helpful at this time, see ECF No. 58, the parties shall notify the Court immediately if and when they are ready for such a referral. (Signed by Judge Jesse M. Furman on 11/14/2023) (mml) (Entered: 11/14/2023) (9) |
| Nov 13, 2023 | 58 | JOINT LETTER addressed to Judge Jesse M. Furman from Andrew Sherman and Paul Garrity dated November 13, 2023 re: the Parties' Position re Settlement Conference before Magistrate Judge. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 11/13/2023) (2) |
| Nov 13, 2023 | 59 | JOINT LETTER addressed to Judge Jesse M. Furman from Andrew Sherman and Paul Garrity dated November 13, 2023 re: Proposed Scheduling Order. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Exhibit Proposed Scheduling Order).(Garrity, Paul) (Entered: 11/13/2023) (0) |
| Nov 13, 2023 | 60 | PROPOSED SCHEDULING ORDER. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 11/13/2023) (3) |
| Nov 6, 2023 | 57 | ANSWER to 37 Amended Complaint,, with JURY DEMAND. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 11/06/2023) (16) |
| Nov 3, 2023 | 56 | MEMO ENDORSEMENT on re: 55 Joint Initial Pretrial Conference Letter, filed by Wistaria Trading Ltd., Blue Spike LLC, Blue Spike International Ltd. ENDORSEMENT: The initial pretrial conference scheduled for November 7, 2023, at 3:30 p.m., will proceed as scheduled. The call-in information remains the same. See ECF No. 9. The parties shall be prepared to discuss, among other things, the status of their settlement discussions, the proposed discovery timeline, and Defendants' anticipated standing objection. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/3/23) (yv) (Entered: 11/03/2023) (6) |
| Nov 2, 2023 | 55 | JOINT LETTER addressed to Judge Jesse M. Furman from Andrew Sherman dated November 2, 2023 re: Joint Initial Pretrial Conference Letter. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit 1).(Sherman, Andrew) (Entered: 11/02/2023) (0) |
| Oct 30, 2023 | 54 | ORDER: Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint letter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties' views notwithstanding, a conference should be held), the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Courts Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/30/2023) (ks) (Entered: 10/30/2023) (1) |
| Oct 26, 2023 | 53 | ORDER granting 52 Letter Motion for Extension of Time to Answer re 52 CONSENT LETTER MOTION for Extension of Time to File Answer re: 37 Amended Complaint,, addressed to Judge Jesse M. Furman from Paul W. Garrity dated October 25, 2023., 37 Amended Complaint,. Application GRANTED. Counsel are reminded that requests for extensions must generally be made at least 48 hours before the deadline. The Clerk is directed to terminate ECF No. 52. SO ORDERED. ( Atlantic Recording Corporation answer due 11/6/2023; Warner Music Group Corp. answer due 11/6/2023; Warner Records Inc. answer due 11/6/2023; Warner-Elektra-Atlantic Corp. answer due 11/6/2023.) (Signed by Judge Jesse M. Furman on 10/26/23) (yv) (Entered: 10/26/2023) (2) |
| Oct 25, 2023 | 52 | CONSENT LETTER MOTION for Extension of Time to File Answer re: 37 Amended Complaint,, addressed to Judge Jesse M. Furman from Paul W. Garrity dated October 25, 2023. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 10/25/2023) (2) |
| Oct 12, 2023 | 51 | MEMORANDUM OPINION AND ORDER re: 44 MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. filed by Warner-Elektra-Atlantic Corp., Atlantic Recording Corporation, Warner Records Inc., Warner Music Group Corp. For the foregoing reasons, Defendants' motion to dismiss is GRANTED with respect to Plaintiffs' claims of indirect and willful infringement and DENIED with respect to Plaintiffs' claims of direct infringement, which are construed to encompass only the MQA Format. Unless and until the Court orders otherwise, Defendants shall answer Plaintiffs remaining claims within two weeks of the date of this Memorandum Opinion and Order. See Fed. R. Civ. P. 12(a)(4)(A). In addition, the initial pretrial conference is hereby RESCHEDULED for November 7, 2023, at 3:30 p.m. The conference will be held remotely in accordance with the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties are reminded that, no later than the Thursday before the initial pretrial conference, they are required to submit a joint status letter and proposed Case Management Plan. See ECF No. 9. The Clerk of Court is directed to terminate ECF No. 44. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/12/2023) (jca) (Entered: 10/12/2023) (3) |
| May 11, 2023 | 50 | REPLY MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Exhibit A - Civil Minutes from Case 2:22-cv-06331-GW-JEM).(Garrity, Paul) (Entered: 05/11/2023) (0) |
| May 4, 2023 | 49 | RESPONSE in Opposition to Motion re: 44 MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) (Entered: 05/04/2023) (15) |
| Apr 20, 2023 | 44 | MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 04/20/2023) (2) |
| Apr 20, 2023 | 45 | MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. . Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Attachments: # 1 Exhibit A).(Garrity, Paul) (Entered: 04/20/2023) (0) |
| Apr 20, 2023 | 46 | DECLARATION of Paul W. Garrity in Support re: 44 MOTION to Dismiss Plaintiffs' Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 04/20/2023) (2) |
| Apr 20, 2023 | 47 | PROPOSED ORDER. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. Related Document Number: 44 ..(Garrity, Paul) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 04/20/2023) (2) |
| Mar 21, 2023 | 43 | ORDER granting 42 Motion for Joseph Zito to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/21/2023) (0) |
| Mar 17, 2023 | 42 | MOTION for Joseph Zito to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27483473. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Affidavit of Joseph Zito, # 2 Supplement Certificates of Good Standing, # 3 Text of Proposed Order Proposed Order).(Zito, Joseph) (Entered: 03/17/2023) (0) |
| Feb 21, 2023 | 40 | CONSENT LETTER MOTION for Extension of Time to File Answer re: 37 Amended Complaint,, or Otherwise Respond addressed to Judge Jesse M. Furman from Paul W. Garrity dated February 21, 2023. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 41 | ORDER granting 40 Letter Motion for Extension of Time to Answer and denying without prejudice MOTION to Dismiss. Defendants' deadline to answer or otherwise respond to the Second Amended Complaint is ADJOURNED to April 20, 2023, or two weeks after the mediation, whichever is earlier. (If, through no fault of the parties, the mediation has not taken place by April 6, 2023, the parties may move for an extension.) In light of the foregoing, and because the earlier motion to dismiss will be mooted by any new motion, the pending motion is denied without prejudice to renewal with respect to the Second Amended Complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/21/2023) (0) |
| Feb 17, 2023 | 39 | MEDIATION REFERRAL ORDER: The Court has consulted with the head of the Court annexed Mediation Program in an effort to identify cases with pending motions that may be amenable to mediation prior to a decision on the motion - mindful of the time it will take the Court to decide the motion and the time and expense involved in any litigation that would follow the Court's decision. In light of that consultation, it is hereby ORDERED that this case is referred for mediation to the Mediation Program. If any party objects to that referral, it shall file a letter explaining its objection within three business days of this Order. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 3/3/2023. (Signed by Judge Jesse M. Furman on 2/17/2023) (kv) (Entered: 02/17/2023) (1) |
| Feb 1, 2023 | 37 | SECOND AMENDED COMPLAINT amending 27 Amended Complaint, against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp. with JURY DEMAND.Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. Related document: 27 Amended Complaint,. (Attachments: # 1 Exhibit Redline Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H).(May, Christopher) (Entered: 02/01/2023) (0) |
| Feb 1, 2023 | 38 | NOTICE of FILING OF SECOND AMENDED COMPLAINT re: 37 Amended Complaint,,. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit Redline Complaint, # 2 Exhibit Clean Complaint).(May, Christopher) (Entered: 02/01/2023) (0) |
| Jan 13, 2023 | 36 | ORDER, It is hereby ORDERED that Plaintiffs shall file any amended complaint by February 2, 2023. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiffs will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiffs shall file any opposition to the motion to dismiss by February 2, 2023. Defendants' reply, if any, shall be filed by February 9, 2023. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for January 25, 2023, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 2/2/2023., Replies due by 2/9/2023., Responses due by 2/2/2023) (Signed by Judge Jesse M. Furman on 1/13/23) (yv) (Entered: 01/13/2023) (1) |
| Jan 12, 2023 | 28 | MOTION to Dismiss . Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 01/12/2023) (2) |
| Jan 12, 2023 | 29 | DECLARATION of Paul W. Garrity in Support re: 28 MOTION to Dismiss .. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 01/12/2023) (2) |
| Jan 12, 2023 | 30 | MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss . . Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 01/12/2023) (15) |
| Jan 12, 2023 | 31 | PROPOSED ORDER. Document filed by Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. Related Document Number: 28 ..(Garrity, Paul) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 01/12/2023) (2) |
| Jan 12, 2023 | 32 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Warner Music Group Corp., Other Affiliate AI Entertainment Holdings LLC for Atlantic Recording Corporation. Document filed by Atlantic Recording Corporation..(Garrity, Paul) (Entered: 01/12/2023) (2) |
| Jan 12, 2023 | 33 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate AI Entertainment Holdings LLC for Warner Music Group Corp.. Document filed by Warner Music Group Corp...(Garrity, Paul) (Entered: 01/12/2023) (2) |
| Jan 12, 2023 | 34 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Warner Music Group Corp., Other Affiliate AI Entertainment Holdings LLC for Warner Records Inc.. Document filed by Warner Records Inc...(Garrity, Paul) (Entered: 01/12/2023) (2) |
| Jan 12, 2023 | 35 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Warner Music Group Corp., Other Affiliate AI Entertainment Holdings LLC for Warner-Elektra-Atlantic Corp.. Document filed by Warner-Elektra-Atlantic Corp...(Garrity, Paul) (Entered: 01/12/2023) (2) |
| Dec 13, 2022 | 27 | FIRST AMENDED COMPLAINT amending 1 Complaint,, against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp. with JURY DEMAND.Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. Related document: 1 Complaint,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H).(May, Christopher) (Entered: 12/13/2022) (0) |
| Dec 5, 2022 | 26 | ORDER granting 25 Letter Motion for Extension of Time to Answer re 25 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Andrew Sherman (Plaintiff's Counsel) and Paul Garrity (Defendant's Counsel) dated December 2, 2022. Application GRANTED. Plaintiffs shall file an amended Complaint by December 13, 2022, and Defendants shall respond by January 12, 2023. The initial pretrial conference, currently scheduled for December 21, 2022, is hereby ADJOURNED to January 25, 2023, at 9:00 a.m. The Clerk of Court is directed to terminate ECF No. 25. (Signed by Judge Jesse M. Furman on 12/5/2022) (ate) (Entered: 12/05/2022) (2) |
| Dec 2, 2022 | 25 | JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Andrew Sherman (Plaintiff's Counsel) and Paul Garrity (Defendant's Counsel) dated December 2, 2022. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(Sherman, Andrew) (Entered: 12/02/2022) (2) |
| Oct 24, 2022 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings: Initial Conference set for 12/21/2022 at 09:00 AM before Judge Jesse M. Furman. (ate) |
| Oct 24, 2022 | 24 | Order on Motion for Extension of Time to Answer (2) Docket Text: ORDER granting [23] Letter Motion for Extension of Time to Answer re [23] LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Andrew Sherman dated October 21, 2022., [1] Complaint. Application GRANTED. Further extensions are unlikely to be granted. The initial pretrial conference set for December 7, 2022, is hereby ADJOURNED to December 21, 2022, at 9:00 a.m. The Clerk of Court is directed to terminate ECF No. 23. Atlantic Recording Corporation answer due 12/2/2022; Warner Music Group Corp. answer due 12/2/2022; Warner Records Inc. answer due 12/2/2022; Warner-Elektra-Atlantic Corp. answer due 12/2/2022. (Signed by Judge Jesse M. Furman on 10/24/2022) (ate) |
| Oct 21, 2022 | 23 | Motion for Extension of Time to File Answer (2) Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Andrew Sherman dated October 21, 2022. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(Sherman, Andrew) |
| Oct 6, 2022 | N/A | Notice Regarding Pro Hac Vice Motion (0) Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [21] MOTION for Andrew James Sherman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26779381. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Oct 6, 2022 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORDER granting [21] Motion for Andrew James Sherman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
| Oct 5, 2022 | 21 | Motion to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Andrew James Sherman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26779381. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # (1) Affidavit Sherman, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order Proposed Order).(Sherman, Andrew) |
| Oct 5, 2022 | 21 | Motion to Appear Pro Hac Vice (Affidavit Sherman) (1) Docket Text: MOTION for Andrew James Sherman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26779381. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # (1) Affidavit Sherman, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order Proposed Order).(Sherman, Andrew) |
| Oct 5, 2022 | 21 | Motion to Appear Pro Hac Vice (Exhibit Certificates of Good Standing) (5) Docket Text: MOTION for Andrew James Sherman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26779381. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # (1) Affidavit Sherman, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order Proposed Order).(Sherman, Andrew) |
| Oct 5, 2022 | 21 | Motion to Appear Pro Hac Vice (Text of Proposed Order Proposed Order) (2) Docket Text: MOTION for Andrew James Sherman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26779381. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # (1) Affidavit Sherman, # (2) Exhibit Certificates of Good Standing, # (3) Text of Proposed Order Proposed Order).(Sherman, Andrew) |
| Sep 30, 2022 | 19 | Motion for Extension of Time to File Answer (1) Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Christopher May dated 9/30/2022. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) |
| Sep 30, 2022 | 20 | Order on Motion for Extension of Time to Answer (1) Docket Text: ORDER granting [19] Letter Motion for Extension of Time to Answer re [19] LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Christopher May dated 9/30/2022., [1] Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 19. SO ORDERED. Atlantic Recording Corporation answer due 11/7/2022; Warner Music Group Corp. answer due 11/7/2022; Warner Records Inc. answer due 11/7/2022. (Signed by Judge Jesse M. Furman on 9/30/2022) (kv) |
| Sep 15, 2022 | 15 | Summons Returned Executed (2) Docket Text: SUMMONS RETURNED EXECUTED. Atlantic Recording Corporation served on 9/15/2022, answer due 10/6/2022. Service was accepted by Robin Hutt-Banks, The Corporation Trust Company. Document filed by Blue Spike LLC ; Wistaria Trading Ltd. ; Blue Spike International Ltd..(May, Christopher) |
| Sep 15, 2022 | 16 | Summons Returned Executed (2) Docket Text: SUMMONS RETURNED EXECUTED. Warner Records Inc. served on 9/15/2022, answer due 10/6/2022. Service was accepted by Robin Hutt-Banks, The Corporation Trust Company. Document filed by Blue Spike LLC ; Wistaria Trading Ltd. ; Blue Spike International Ltd..(May, Christopher) |
| Sep 15, 2022 | 17 | Summons Returned Executed (2) Docket Text: SUMMONS RETURNED EXECUTED. Warner-Elektra-Atlantic Corp. served on 9/15/2022, answer due 10/6/2022. Service was accepted by Robin Hutt-Banks, The Corporation Trust Company. Document filed by Blue Spike LLC ; Wistaria Trading Ltd. ; Blue Spike International Ltd..(May, Christopher) |
| Sep 15, 2022 | 18 | Summons Returned Executed (2) Docket Text: SUMMONS RETURNED EXECUTED. Warner Music Group Corp. served on 9/15/2022, answer due 10/6/2022. Service was accepted by Robin Hutt-Banks, The Corporation Trust Company. Document filed by Blue Spike LLC ; Wistaria Trading Ltd. ; Blue Spike International Ltd..(May, Christopher) |
| Sep 7, 2022 | N/A | Case Opening Initial Assignment Notice (0) Docket Text: CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Sep 7, 2022 | N/A | Case Designation (0) Docket Text: Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Sep 7, 2022 | N/A | Case Designated ECF (0) Docket Text: Case Designated ECF. (pc) |
| Sep 7, 2022 | 9 | Order for Initial Pretrial Conference (3) Docket Text: NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on December 7, 2022, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 12/7/2022 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/7/22) (yv) |
| Sep 7, 2022 | 10 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Atlantic Recording Corporation..(pc) |
| Sep 7, 2022 | 11 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Warner Music Group Corp...(pc) |
| Sep 7, 2022 | 12 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Warner Records Inc...(pc) |
| Sep 7, 2022 | 13 | Summons Issued (2) Docket Text: ELECTRONIC SUMMONS ISSUED as to Warner-Elektra-Atlantic Corp...(pc) |
| Sep 7, 2022 | 14 | Mail Patent Form (case opening) (1) Docket Text: AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc) |
| Sep 6, 2022 | 1 | Complaint* (1) |
| Sep 6, 2022 | 1 | Complaint (Main Document) (19) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit A) (14) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit B) (15) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit C) (20) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit D) (23) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit E) (12) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit F) (13) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit G) (11) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 1 | Complaint (Exhibit Exhibit H) (12) Docket Text: COMPLAINT against Atlantic Recording Corporation, Warner Music Group Corp., Warner Records Inc., Warner-Elektra-Atlantic Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26640169)Document filed by Blue Spike LLC, Wistaria Trading Ltd., Blue Spike International Ltd. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H).(May, Christopher) |
| Sep 6, 2022 | 2 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(May, Christopher) |
| Sep 6, 2022 | 3 | AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1) Docket Text: AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(May, Christopher) |
| Sep 6, 2022 | 4 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Blue Spike, Inc. for Blue Spike International Ltd. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) |
| Sep 6, 2022 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Atlantic Recording Corporation, re: [1] Complaint,,. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) |
| Sep 6, 2022 | 6 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Warner Music Group Corp., re: [1] Complaint,,. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) |
| Sep 6, 2022 | 7 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Warner Records Inc., re: [1] Complaint,,. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) |
| Sep 6, 2022 | 8 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Warner-Elektra-Atlantic Corp., re: [1] Complaint,,. Document filed by Blue Spike International Ltd, Blue Spike LLC, Wistaria Trading Ltd...(May, Christopher) |
