| Court: | nysd |
| Docket #: | 1:06-cv-07702 |
| Case Name: | Michaud v. Sony BMG Music Entertainment |
| PACER case #: | 290352 |
| Date filed: | 2006-09-26 |
| Date terminated: | 2008-10-21 |
| Assigned to: | Judge Loretta A. Preska |
| Case Cause: | 28:1331 Fed. Question: Anti-trust |
| Nature of Suit: | 410 Anti-Trust |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Christopher Michaud Plaintiff |
Daniel Charles Girard Elizabeth Cheryl Pritzker John J. Stoia , Jr. Sheri L. Kelly |
| Sony BMG Music Entertainment Defendant |
|
| Sony Corporation of America Defendant |
|
| Bertelsmann, Inc. Defendant |
|
| Universal Music Group Defendant |
Glenn D. Pomerantz Kelly M. Klaus |
| Warner Music Group Defendant |
Devin Farrell Ryan Jonathan K. Youngwood Joseph Franklin Wayland |
| Time Warner, Inc. Defendant |
|
| EMI Group, Plc. Defendant TERMINATED: 03/12/2007 |
|
| Capitol Records, Inc. Defendant |
|
| EMI Group North America, Inc. Defendant |
Glenn D. Pomerantz Kelly M. Klaus Matthew Stephen Carrico |
| Capitol-EMI Music, Inc. Defendant |
Matthew Stephen Carrico |
| Virgin Records America, Inc. Defendant |
Matthew Stephen Carrico |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-09-26 | 1 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - Northern District of California, Case Number: 3:06cv3245, MDL Number: 06md1780, (Signed by Judge MDL Panel on 9/26/2006) (jeh, ) Additional attachment(s) added on 10/4/2006 (jeh, ). (Entered: 09/27/2006) | |||
| 2006-09-29 | 2 | 0 | 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) | |||
| 2006-10-12 | 3 | 0 | 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) | |||
| 2006-10-27 | 4 | 0 | 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) | |||
| 2006-10-11 | 5 | 0 | MDL TRANSFER IN: Received certified copy of docket entries and from the United States District Court - Northern District of California. Case Number: 3:06cv3245 (MHP), MDL Number: 06md1780, (jeh, ) Additional attachment(s) added on 10/31/2006 (jeh, ). (Entered: 10/31/2006) | |||
| 2006-11-09 | 6 | 0 | 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) | |||
| 2006-11-17 | 7 | 0 | 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) | |||
| 2006-11-17 | 8 | 0 | 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) | |||
| 2006-12-05 | 9 | 0 | 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) | |||
| 2006-12-05 | 10 | 0 | 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) | |||
| 2006-12-05 | 11 | 0 | 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) | |||
| 2007-01-12 | 12 | 0 | 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) | |||
| 2007-01-23 | 13 | 0 | 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) | |||
| 2007-01-23 | 14 | 0 | 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) | |||
| 2007-01-23 | 15 | 0 | 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) | |||
| 2007-01-23 | 16 | 0 | 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) | |||
| 2007-01-24 | 17 | 0 | 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) | |||
| 2007-01-24 | 18 | 0 | 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) | |||
| 2007-01-30 | 19 | 0 | 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) | |||
| 2007-02-02 | 20 | 0 | 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) | |||
| 2007-02-06 | 21 | 0 | 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) | |||
| 2007-02-13 | 22 | 0 | 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) | |||
| 2007-02-21 | 23 | 0 | 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) (Entered: 02/21/2007) | |||
| 2007-02-21 | 24 | 0 | 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) | |||
| 2007-02-21 | 25 | 0 | 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) | |||
| 2007-02-23 | 26 | 0 | 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) | |||
| 2007-02-27 | 27 | 0 | 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) | |||
| 2007-03-12 | 28 | 0 | 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) | |||
| 2007-04-27 | 29 | 0 | 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) | |||
| 2007-07-30 | 30 | 0 | 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) | |||
| 2007-07-30 | 31 | 0 | 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) | |||
| 2007-07-30 | 32 | 0 | 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) | |||
| 2007-07-30 | 33 | 0 | 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) | |||
| 2007-08-03 | 34 | 0 | 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) | |||
| 2007-08-03 | 35 | 0 | 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) | |||
| 2007-08-07 | 36 | 0 | 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: 08/07/2007) | |||
| 2007-08-24 | 37 | 0 | 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) | |||
| 2007-10-15 | 38 | 0 | 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) | |||
| 2008-07-18 | 39 | 0 | 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) | |||
| 2008-10-09 | 40 | 0 | 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) | |||
| 2008-10-21 | 41 | 0 | 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) | |||
| 2010-04-09 | 42 | 0 | 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) | |||
| 2010-04-09 | 43 | 0 | 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) | |||
| 2010-04-20 | 44 | 0 | 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) | |||
| 2010-05-17 | 45 | 0 | 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) | |||
| 2010-06-01 | 46 | 0 | 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) | |||
| 2010-06-15 | 47 | 0 | 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 6/15/10) Filed In Associated Cases: 1:06-md-01780-LAP et al.(rjm) (Entered: 06/16/2010) | |||
| 2010-06-18 | 48 | 0 | SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. 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) (Entered: 06/18/2010) | |||
| 2010-10-04 | 49 | 0 | 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) | |||
| 2011-08-15 | 50 | 0 | 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) | |||
| 2011-09-30 | 51 | 0 | 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) | |||
| 2012-08-31 | 52 | 0 | 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) | |||
| 2012-12-20 | 53 | 0 | 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) | |||
| 2013-02-26 | 54 | 0 | 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) | |||
| 2013-03-14 | 55 | 0 | 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) | |||
| 2013-03-14 | 56 | 0 | 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) | |||
| 2013-04-02 | 57 | 0 | 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) (Entered: 04/02/2013) | |||
| 2013-10-04 | 58 | 0 | 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) | |||
| 2013-12-09 | 59 | 0 | 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) | |||
| 2013-12-09 | 60 | 0 | 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) | |||
| 2014-01-09 | 61 | 0 | 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) | |||
| 2014-03-18 | 62 | 0 | 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) | |||
| 2014-03-26 | 63 | 0 | 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) | |||
| 2014-04-14 | 64 | 0 | 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) | |||
| 2014-04-16 | 65 | 0 | 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) | |||
| 2014-04-22 | 66 | 0 | 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) | |||
| 2014-05-05 | 67 | 0 | 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) | |||
| 2014-05-07 | 68 | 0 | 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) | |||
| 2014-06-04 | 69 | 0 | 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) | |||
| 2014-06-30 | 70 | 0 | 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) | |||
| 2014-07-23 | 71 | 0 | 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) | |||
| 2014-08-12 | 72 | 0 | 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) |