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Representing Attorneys: Brian Matthew Grossman  •  Robert A Jacobs  •  Zoey Kohn  •  Peter J Anderson  •  Fred D Heather  •  Matthew Benjamin O'hanlon  •  Ann Marie De Vita  •  G Howden Fraser  •  Jonathan D Freund  •  Derek S Lemkin
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CM/ECF - California Central District
(CWx), DISCOVERY


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:08-cv-02170-CAS-CW


Ernest Lee Straughter et al v. Usher Raymond et al
Assigned to: Judge Christina A. Snyder
Referred to: Magistrate Judge Carla Woehrle
Cause: 17:501 Copyright Infringement
Date Filed: 04/01/2008
Jury Demand: Both
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
Ernest Lee Straughter
an individual
also known as
Ernest L Straughter
TERMINATED: 07/21/2008
also known as
Ernest Straughter
TERMINATED: 07/21/2008		 represented byBrian Matthew Grossman
Tesser & Ruttenberg
12100 Wilshire Boulevard Suite 220
Los Angeles , CA 90025
310-207-4022
Fax: 310-207-4033
Email: bgrossman@tesser-ruttenberg.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Ernest Straughter Youth Musich Foundation
(An Organization in Formation)
TERMINATED: 07/21/2008

V.
Defendant
Usher Raymond, IV
an individual 		represented byRobert A Jacobs
Manatt Phelps and Phillips
11355 West Olympic Boulevard
Los Angeles , CA 90064-1614
310-312-4000
Fax: 310-312-4224
Email: rjacobs@manatt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
Manatt Phelps & Phillips LLP
11355 West Olympic Boulevard
Los Angeles , CA 90064-1614
310-312-4000
Fax: 310-312-4224
Email: zkohn@manatt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Bryan-Michael Paul Cox
an individual 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Arista Records LLC
a limited liability company 		represented byPeter J Anderson
Peter J Anderson Law Offices
100 Wilshire Blvd Suite 2010
Santa Monica , CA 90401
310-260-6030
Fax: 310-260-6040
Email: pja@pjanderson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
EMI April Music Inc.
a Connecticut corporation 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
UR-IV Music
a Georgia corporation 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Baby Boy's Little Publishing Company
a business entity
Defendant
Shaniah Cymone Music
TERMINATED: 04/03/2009
Defendant
Noontime South, Inc.
a business entity
Defendant
W.B.M. Music Corporation
a Delaware corporation 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Soulsick Muzik
a business entity
Defendant
Jake Nava
TERMINATED: 07/21/2008
Defendant
La Face
TERMINATED: 07/21/2008
Defendant
Zomba
TERMINATED: 07/21/2008
Defendant
So So Def Recordings
TERMINATED: 07/21/2008 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
So So Def Street, Inc.
TERMINATED: 07/21/2008
Defendant
Columbia Records
TERMINATED: 04/03/2009
Defendant
Chrysalis Music
TERMINATED: 04/03/2009
Defendant
Francisco Bautista, Jr.
an individual
Defendant
ASCAP
TERMINATED: 03/17/2009 		represented byFred D Heather
K&L Gates LLP
10100 Santa Monica Boulevard Suite 700
Los Angeles , CA 90067-4104
310-552-5015
Fax: 310-552-5001
Email: fred.heather@klgates.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew Benjamin O'Hanlon
K and L Gates
10100 Santa Monica Blvd 7th Fl
Los Angeles , CA 90067
310-552-5000
Fax: 310-552-5001
Email: matthew.ohanlon@klgates.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
BMI
TERMINATED: 03/24/2009 		represented byAnnMarie De Vita
Rintala Fraser and Jaenicke LLP
1801 Century Park East
Suite 1600
Los Angeles , CA 90067-2367
310-277-1466
Fax: 310-277-1467
Email: adevita@rfjlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

G Howden Fraser
G Howden Fraser
1155 Afton Street
Pasadena , CA 91103
626-577-1272
Email: hfraser47@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
SESAC
as Performace Rights Royalty Collection Agency
TERMINATED: 04/03/2009 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
Manatt Phelps & Phillips LLp
11355 West Olympic Boulevard
Los Angeles , CA 90064-1614
310-312-4000
Fax: 310-312-4224
Email: zkohn@manatt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Harry Fox
or respective Record Company and/or Mechanical Rights Collection Agent
TERMINATED: 04/03/2009
Defendant
Bryan Michael
TERMINATED: 07/21/2008
Defendant
Fantasia Barrino
an individual
Defendant
Zomba Recordings LLC
a Delaware limited liability company 		represented byPeter J Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sony BMG Entertainment
TERMINATED: 04/03/2009 		represented byPeter J Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
BMG Music
TERMINATED: 04/03/2009
Defendant
Warner-Tamerlane Publishing Corporation
TERMINATED: 04/03/2009
Defendant
J Records LLC
a Delaware limited liability company 		represented byPeter J Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Figtunes Music Publishing
TERMINATED: 04/03/2009
Defendant
Jumping Songs LLC
TERMINATED: 04/03/2009
Defendant
Naked Under My Clothes
TERMINATED: 04/03/2009
Defendant
Ciara Harris
an individual
Defendant
Royalty Rightings
TERMINATED: 04/03/2009
Defendant
Hitco Music Publishing LLC
TERMINATED: 04/03/2009
Defendant
Does
1 to 10
TERMINATED: 04/03/2009
Defendant
Jermaine Dupri Mauldin
an individual 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Johnta Austin
an individual
Defendant
So So Def Recordings, Inc.
a Georgia corporation
Erroneously Sued As
So So Def Productions, Inc. 		represented byRobert A Jacobs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zoey Kohn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sony Music Entertainment
a Delaware general partnership 		represented byPeter J Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Laface Records, LLC
a Delaware limited liability company 		represented byPeter J Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jumping Beans Songs, LLC
a Delaware limited liability company 		represented byJonathan D Freund
Freund & Brackey LLP
427 North Camden Drive
Beverly Hills , CA 90210
310-247-2165
Fax: 310-247-2190
Email: jfreund@freundandbrackey.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Derek S Lemkin
Freund and Brackey
427 North Camden Drive
Beverly Hills , CA 90210
310-247-2165
Email: dlemkin@freundandbrackey.com
ATTORNEY TO BE NOTICED
Defendant
19 Entertainment, Inc.
a New York corporation 		represented byPeter J Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Defendant
Usher Raymond
TERMINATED: 08/04/2008
Counter Defendant
Jermaine Dupri Mauldin
TERMINATED: 08/04/2008
Counter Claimant
American Society of Composers, Authors and Publishers
TERMINATED: 08/04/2008 		represented byFred D Heather
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew Benjamin O'Hanlon
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Ernest Lee Straughter
TERMINATED: 08/05/2008 		represented byErnest Lee Straughter
3941 Polk Street #78
Riverside, CA 92505
951-796-9740
PRO SE
Cross Claimant
American Society of Composers, Authors and Publishers
TERMINATED: 03/17/2009 		represented byFred D Heather
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew Benjamin O'Hanlon
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Cross Defendant
UR-IV Music
TERMINATED: 03/17/2009
Cross Defendant
Shaniah Cymone Music
TERMINATED: 03/17/2009
Cross Defendant
Jermaine Dupri Mauldin
TERMINATED: 03/17/2009
Cross Defendant
Usher Raymond, IV
p/k/a Usher
TERMINATED: 03/17/2009
Cross Defendant
EMI April Music Inc.
TERMINATED: 03/17/2009
Counter Claimant
American Society of Composers, Authors and Publishers
TERMINATED: 03/17/2009 		represented byFred D Heather
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew Benjamin O'Hanlon
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Ernest Lee Straughter
TERMINATED: 03/17/2009 		represented byErnest Lee Straughter
(See above for address)
PRO SE
Cross Claimant
Broadcast Music, Inc.
TERMINATED: 03/24/2009 		represented byAnnMarie De Vita
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

G Howden Fraser
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Cross Defendant
Jumping Bean Song LLC
Cross Defendant
Francisco Bautista, Jr.
Counter Claimant
Broadcast Music, Inc.
TERMINATED: 03/24/2009 		represented byAnnMarie De Vita
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

G Howden Fraser
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Ernest Lee Straughter represented byErnest Lee Straughter
3941 Polk Street Apt 78
Riverside, CA 92505
PRO SE

Date Filed #Docket Text
04/01/20081 COMPLAINT against Defendants UR IV Music, Baby Boy's Little Publishing Co., Shaniah Cymone Music, Noontime South, Inc., WBM Music Corp., Soulsick Muzik, Jake Nava, La Face, Zomba, So So Def Recordings, So So Def Street, Inc., Columbia Records, Chrysalis Music, Francisco Batista, Jr, ASCAP, BMI, SESAC, Harry Fox, Usher Raymond, IV, Bryan Michael Paul Cox, Arista Records LLC, EMI April Music Inc. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Ernest Lee Straughter, Ernest Straughter Youth Musich Foundation. (et) (Entered: 04/07/2008)
04/01/2008  20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants UR IV Music, Baby Boy's Little Publishing Co., Shaniah Cymone Music, Noontime South, Inc., WBM Music Corp., Soulsick Muzik, Jake Nava, La Face, Zomba, So So Def Recordings, So So Def Street, Inc., Columbia Records, Chrysalis Music, Francisco Batista, Jr, ASCAP, BMI, SESAC, Harry Fox, Usher Raymond, IV, Bryan Michael Paul Cox, Arista Records LLC, EMI April Music Inc. (et) (Entered: 04/07/2008)
04/01/20082 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Ernest Lee Straughter, Ernest Straughter Youth Musich Foundation. (et) (Entered: 04/07/2008)
04/30/20083 NOTICE to Counsel filed by the deputy clerk, U.S. District Court. (kpa) (Entered: 05/01/2008)
05/14/20084 PROOF OF SERVICE Executed by Plaintiffs upon Usher Raymond, IV served on 5/13/2008, answer due 6/2/2008. The Summons and Complaint were served by substituted service, statute under which service was made is not indicated, upon Alisha Davis, capacity not indicated. Due Dilligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/20085 PROOF OF SERVICE Executed by Plaintiffs upon Jermaine Dupri Mardlin served on 5/13/2008, answer due 6/2/2008. The Summons and Complaint were served by personal service, statute under which service was made is not indicated, upon Alisha Davis, agent. Due Diligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/20086 PROOF OF SERVICE Executed by Plaintiffs upon A.S.C.A.P., American Society of Composers, Authoris and Publishers served on 5/13/2008, answer due 6/2/2008. The Summons and Complaint were served by personal service, statute under which service was made is not indicated, upon Alisha Davis, Agent. Due Diligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/20087 PROOF OF SERVICE Executed by Plaintiffs upon Usher Raymond, IV aka "Usher" served on 5/13/2008, answer due 6/2/2008. The Summons and Complaint were served by personal service, statute under which service was made is not indicated, upon Holly Davis Carter, agent. Due Dilligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/20088 PROOF OF SERVICE Executed by Plaintiffs upon Arista Records served on 5/8/2008, answer due 5/28/2008. The Summons and Complaint were served by personal service, statute under which service was made is not indicated, upon Andrew Ross, agent. Due Dilligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/20089 PROOF OF SERVICE Executed by Plaintiffs of Summons and Complaint upon Andrew Ross served on 5/12/2008, answer due 5/28/2008. Statute under which service was made is not indicated. Due Diligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/200810 PROOF OF SERVICE Executed by Plaintiffs upon Zomba Records served on 5/13/2008, answer due 6/2/2008. The Summons and Complaint were served by personal service, statute under which service was made is not indicated, upon Andrew Ross, agent. Due Dilligence declaration not attached. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/14/200811 PROOF OF SERVICE by Plaintiffs of Summons and Complaint served at address 2100 Colorado Avenue, Santa Monica, CA 90404 on 5/13/2008. Lacking name of party served, and statute under which service was made. Original Summons not returned. (gk) (Entered: 05/20/2008)
05/28/200812 NOTICE OF MOTION AND MOTION to Dismiss Third, Fourth, Fifth and Seventh Claims for Relief and for More Definite Statement filed by defendant Arista Records LLC. Motion set for hearing on 6/23/2008 at 10:00 AM before Judge Christina A. Snyder. (Anderson, Peter) (Entered: 05/28/2008)
05/28/200813 MEMORANDUM in Support of MOTION to Dismiss Third, Fourth, Fifth and Seventh Claims for Relief and for More Definite Statement 12 filed by Defendant Arista Records LLC. (Anderson, Peter) (Entered: 05/28/2008)
05/28/200814 NOTICE of Interested Parties filed by defendant Arista Records LLC, identifying Sony Corporation, Bertelsmann AG. (Anderson, Peter) (Entered: 05/28/2008)
06/02/200815 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 and Counterclaim for Interpleader filed by Defendant ASCAP.(O'Hanlon, Matthew) (Entered: 06/02/2008)
06/02/200816  CERTIFICATION and NOTICE of Interested Parties filed by Defendant ASCAP, (O'Hanlon, Matthew) (Entered: 06/02/2008)
06/02/200817 PROOF OF SERVICE filed by Defendant ASCAP, re Answer to Complaint (Discovery) 15 , Certificate/Notice of Interested Parties 16 Mail served on 06/02/2008. (O'Hanlon, Matthew) (Entered: 06/02/2008)
06/11/200818 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Pursuant to General Order 08-02, initiating documents (including counterclaims) should be manually filed and a conformed, filed stamped copy should be emailed in PDF format to intake RE: Answer and Counterclaim for Interpleader of American Society of Composers, Authors and Publishers filed 6/2/2008 15 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 06/11/2008)
06/12/200819 NOTICE OF NON-OPPOSITION to MOTION to Dismiss Third, Fourth, Fifth and Seventh Claims for Relief and for More Definite Statement 12 Notice of Non-Receipt of Opposition, filed by Defendants Zomba, Columbia Records, Arista Records LLC. (Anderson, Peter) (Entered: 06/12/2008)
06/13/200820  NOTICE of Manual Filing filed by Defendant ASCAP of Answer and Counterclaim for Interpleader. (O'Hanlon, Matthew) (Entered: 06/13/2008)
06/13/200821 MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder re: Notice to Parties. While not a basis for self-recusal, the Court informs the parties that Matthew Benjamin OHanlon, who is counsel for defendant ASCAP, served as an extern for Judge Snyder in 2005. (cj) (Entered: 06/13/2008)
06/13/200824 ANSWER to Complaint 1 and COUNTERCLAIM FOR INTERPLEADER against Ernest Lee Straughter, Usher Raymond, and Jermaine Dupri Mauldin filed by Defendant and Counterclaimant American Society of Composers, Authors and Publishers ("ASCAP"). (gk) (Entered: 06/18/2008)
06/16/200822 NOTICE of Plaintiff's Intention to file an Amended Complaint filed by Plaintiff Ernest Lee Straughter. (pso) (Entered: 06/17/2008)
06/16/200823 NOTICE OF NON-OPPOSITION to Defendant's Motion to Dismiss 12 filed by Plaintiff Ernest Lee Straughter. (pso) (Entered: 06/17/2008)
06/19/200825  IN CHAMBERS ORDER by Judge Christina A. Snyder DENYING MOTION to Dismiss Third, Fourth, Fifth and Seventh Claims for Relief and for More Definite Statement 12 . The Court finds this motion appropriate for decision without oral argument. Accordingly, the hearing date of June 23, 2008, is hereby vacated, and the matter is hereby taken under submission. Plaintiff shall file the first amended complaint on or before July 21, 2008. Accordingly, the Court DENIES defendants motion to dismiss and for more definite statement as moot. (pso) (Entered: 06/19/2008)
07/15/200826 IN CHAMBERS ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder: This matter is set for a Scheduling Conference on August 18, 2008, at 11:00 a.m. The Scheduling Conference will be held pursuant to F.R.Civ.P 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the date of the Rule 16(b) Scheduling Conference and to report to the Court not later than 14 days after they confer on a discovery plan and the other matters required by F.R.Civ.P. 26 (f) and the Local Rules of this Court. (pso) (Entered: 07/16/2008)
07/21/200827 NOTICE of Change of Firm Name filed by Defendant ASCAP, American Society of Composers, Authors and Publishers. (O'Hanlon, Matthew) (Entered: 07/21/2008)
07/21/200828 PROOF OF SERVICE filed by Defendant ASCAP, American Society of Composers, Authors and Publishers, re Notice (Other) 27 of Change of Firm Name served on July 21, 2008. (O'Hanlon, Matthew) (Entered: 07/21/2008)
07/21/200829 AMENDED COMPLAINT against Defendants Usher Raymond IV, p/k/a Usher, Jermaine Dupri Mauldin, Brian Michael Paul Cox, Francisco Batista Jr., p/k/a Frankie J., Fantasia, Arista Records LLC, Zomba Recordings LLC, Columbia Records and/or Sony BMG Entertainment, WBM Music Corporation, Baby Boy's Little Publishing Company, Noontime South, Shaniah Cymone Music, UR-IV Music, EMI April Music Inc., BMG Music, Warner-Tamerlane Publishing Corporation, J Records, Figtunes Music Publishing, Soulsick Muzik, Jumping Songs LLC, Naked Under My Clothes, Ciera Harris, Royalty Rightings, Hitco Music Publishing LLC dba Hitco South, Chrysalis Music, ASCAP, BMI, SESAC as Performance Rights Royalty Collection Agency, and Harry Fox or respective Record Company and/or Mechanical Rights Royalty Collection Agent, and Does 1 to 30; Party Plaintiff Ernest Straughter Youth Musich Foundation, and Defendants Bryan Michael, Jake Nava, So So Def Recordings, So So Def Street, Inc., Zomba, and La Face terminated; amending Complaint 1 ; with Jury Demand filed by Plaintiff Ernest Lee Straughter. (Attachments: # Part 2, # Part 3)(gk) (Additional attachment(s) added on 8/4/2008: # 4 Amended Complaint, Part 1, # 5 Amended Complaint, Part 2, # 6 Amended Complaint, Part 3) (gk). (Entered: 07/23/2008)
07/21/200830 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ernest Lee Straughter. (gk) (Entered: 07/23/2008)
07/21/200831 ISSUED 20-Day Summons re Amended Complaint 29 as to Defendants Usher Raymond IV, p/k/a Usher, Jermaine Dupri Mauldin, Brian Michael Paul Cox, Francisco Batista Jr., p/k/a Frankie J., Fantasia, Arista Records LLC, Zomba Recordings LLC, Columbia Records and/or Sony BMG Entertainment, WBM Music Corporation, Baby Boy's Little Publishing Company, Noontime South, Shaniah Cymone Music, UR-IV Music, EMI April Music Inc., BMG Music, Warner-Tamerlane Publishing Corporation, J Records, Figtunes Music Publishing, Soulsick Muzik, Jumping Songs LLC, Naked Under My Clothes, Ciera Harris, Royalty Rightings, Hitco Music Publishing LLC dba Hitco South, Chrysalis Music, ASCAP, BMI, SESAC as Performance Rights Royalty Collection Agency, and Harry Fox or respective Record Company and/or Mechanical Rights Royalty Collection Agent, and Does 1 to 30. (gk) (Entered: 07/23/2008)
07/23/200832 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby DISMISSES Doe Defendants 11 through 30, inclusive. Court Reporter: Not Present. (gk) (Entered: 07/24/2008)
07/25/200833 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Notices - Change of Address. Notice (other) event utilized in docketing this filing. Copy of document forwarded to the Attorney Admissions clerk RE: Notice of Change of Firm Name filed 7/21/2008 27 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 07/28/2008)
07/30/200834  APPLICATION to Continue Scheduling Conference from August 18, 2008 to October 20, 2008 filed by defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Attachments: # 1 Proposed Order)(Anderson, Peter) (Entered: 07/30/2008)
07/31/200835 ORDER by Judge Christina A. Snyder re APPLICATION to Continue Scheduling Conference 34 : IT IS HEREBY ORDERED that the Scheduling Conference presently scheduled for August 18, 2008 be and hereby is continued to October 20, 2008, at 11:00 a.m. (pso) (Entered: 07/31/2008)
08/01/200836 NOTICE OF MOTION AND MOTION to Dismiss eighth claim, allegations of criminal liability and attachments Motion to dismiss second, third, fourth, fifth, seventh and eighth claims and Amended Complaint, MOTION for More Definite Statement( Motion set for hearing on 8/25/2008 at 10:00 AM before Judge Christina A. Snyder.), MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 ( Motion set for hearing on 8/25/2008 at 10:00 AM before Judge Christina A. Snyder.) filed by defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Anderson, Peter) (Entered: 08/01/2008)
08/01/200837 MEMORANDUM in Support of MOTION to Dismiss eighth claim, allegations of criminal liability and attachments Motion to dismiss second, third, fourth, fifth, seventh and eighth claims and Amended Complaint MOTION for More Definite Statement MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 36 filed by Defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Anderson, Peter) (Entered: 08/01/2008)
08/04/200838  NOTICE of Manual Filing filed by Defendant ASCAP of Answer to Amended Complaint and Amended Counterclaim and Crossclaim for Interpleader. (O'Hanlon, Matthew) (Entered: 08/04/2008)
08/04/200840 ANSWER to Amended Complaint 29 ; AMENDED COUNTERCLAIM against Counterdefendant Ernest Lee Straughter; and CROSSCLAIM against Usher Raymond, IV, Jermaine Dupri Mauldin, EMI April Music Inc., UR-IV Music and Shaniah Cymone Music filed by Defendant, Counterclaimant and Crossclaimant American Society of Composers, Authors and Publishers. (gk) (Entered: 08/06/2008)
08/05/200839 REQUEST for New Address Change filed by Plaintiff Ernest Lee Straughter, changing address to 3941 Polk Street #78, Riverside, CA 92505. (gk) (Entered: 08/06/2008)
08/05/200841 REQUEST for Default against Defendants Usher Raymond, IV pka Usher and Jermaine Dupri Mauldin filed by Plaintiff Ernest Lee Straughter. (gk) (Entered: 08/06/2008)
08/06/200842 NOTICE OF DEFICIENCY Re: Request for Default against Defendants Usher Raymond, IV pka Usher and Jermaine Dupri Mauldin 41 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file as to the Amended Complaint filed 7/21/2008. The Request for Default has copies of return receipts served in April. The proofs of service filed as to the originating complaint did not indicate the statute under which service was made and the means by which service was completed. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) (Entered: 08/06/2008)
08/11/200843 Pro Per Plaintiff's OPPOSITION to Defendant Attorney's Motion to Dismiss or Strike First Amended Complaint 36 filed by Plaintiff Ernest Lee Straughter. (pso) (Entered: 08/14/2008)
08/12/200846 PROOF OF SERVICE Executed Ernest Lee Straughter, upon Zomba Recordings LLC served on 7/22/2008, answer due 8/11/2008. The Summons and Complaint were served by substituted service, by federal statute, upon Peter Anderson, attorney. Due Dilligence declaration not attached. Original Summons not returned. (bp) (Entered: 08/19/2008)
08/12/200847 PROOF OF SERVICE Executed by plaintiff Ernest Lee Straughter, upon Sony BMG Entertainment served on 7/22/2008, answer due 8/11/2008. The Summons and Amended Complaint were served by substituted service, by federal statute, upon Peter J. Anderson, attorney. Due Dilligence declaration not attached. Original Summons not returned. (bp) (Entered: 08/19/2008)
08/12/200848 PROOF OF SERVICE Executed by plaintiff Ernest Lee Straughter, upon J Records served on 8/12/2008, answer due 9/2/2008. The Summons and Amended Complaint were served by substituted service, by federal statute, upon Peter J. Anderson. Due Dilligence declaration not attached. Original Summons not returned. (bp) (Entered: 08/19/2008)
08/12/200849 PROOF OF SERVICE Executed by plaintiff Ernest Lee Straughter, upon Arista Records LLC served on 7/22/2008, answer due 8/11/2008. The Summons and Amended Complaint were served by substituted service, by federal statute, upon substituted. Due Dilligence declaration not attached. Original Summons not returned. (bp) (Entered: 08/19/2008)
08/12/200850 PROOF OF SERVICE Executed by plaintiff Ernest Lee Straughter, upon Columbia Records served on 7/22/2008, answer due 8/11/2008. The Summons and Amended Complaint were served by mail service, by federal statute, upon Peter J. Anderson, attorney. Due Dilligence declaration not attached. Original Summons not returned. (bp) (Entered: 08/19/2008)
08/12/200851  REQUEST for Clerk to Enter Default against defendants' Jermaine Dupri Mauldin, Usher Raymond, IV filed by plaintiff Ernest Lee Straughter. (bp) (Entered: 08/19/2008)
08/14/200844  REQUEST to Correct Copyright Infringment Claim Cause Code filed by Plaintiff Ernest Lee Straughter. (pso) (Entered: 08/15/2008)
08/18/200845 REPLY in support of MOTION to Dismiss eighth claim, allegations of criminal liability and attachments Motion to dismiss second, third, fourth, fifth, seventh and eighth claims and Amended Complaint MOTION for More Definite Statement MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 MOTION to Strike eighth claim, allegations of criminal liability and attachments Amended Complaint,,,, 29 36 filed by Defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Anderson, Peter) (Entered: 08/18/2008)
08/19/200852 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendants' Jermaine Dupri Mauldin, Usher Raymond, IV 51 . The Clerk cannot enter the requested relief as No proof of service of Amended Complaint on file for defendants' Usher and Mauldin. (bp) (Entered: 08/19/2008)
08/25/200854 MINUTES OF Motion Hearing held before Judge Christina A. Snyder. The Court GRANTS defendants motion to dismiss plaintiff second, third, fourth, fifth, and seventh, and eighth claims for relief, with leave to amend. The Court DENIES defendants motion to dismiss plaintiffs FAC or, in the alternative, plaintiffs eighth claim for relief, pursuant to Fed. R. Civ. P. 8(a)(1) and8(d)(1), defendants motion for a more definite statement pursuant to Fed. R. Civ. P. 12(e), and defendants motion to strike the documents attached to plaintiffs FAC pursuant to Fed. R. Civ. P. 12(f). The Court GRANTS defendants motion to strike the allegations as to criminal liability pursuant to Fed. R. Civ. P. 12(f). Court Reporter: Sandra Becerra. (cj) (Entered: 08/26/2008)
08/25/200855 Propia Persona Plaintiff's ANSWER to Amended Counterclaim and Crossclaim for Interpleader of American Society of Composers, Authors and Publishers filed by Plaintiff and Counter Defendant Ernest Lee Straughter. 40 (pso) (Entered: 08/28/2008)
08/26/200853 MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder: The Court GRANTS the parties request to continue the Scheduling Conference currently set for October 20, 2008 to NOVEMBER 17, 2008 at 11:00 a.m. Parties are ordered to appear at this new date and time. (pso) (Entered: 08/26/2008)
10/01/200856 ANSWER to Amended Complaint,,,,, 29 JURY DEMAND. filed by defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC.(Anderson, Peter) (Entered: 10/01/2008)
10/30/200857 REQUEST for Default against Defendants Usher Raymond and Jermaine Dupri filed by Plaintiff Ernest Lee Straughter. (gk) (Entered: 10/31/2008)
10/30/200858 PROOF OF SERVICE Executed by Plaintiff Ernest Lee Straughter, upon Usher Raymond and Jermaine Dupri Mauldin served on 10/30/2008. The Amended Complaint was served by personal and regular mail service, by Fedreal statute, date of service and name of individual accepting service not indicated. Proof of Service was executed by plaintiff. Due Diligence declaration not attached. Original Summons not returned. (gk) (Entered: 10/31/2008)
10/30/200859 ISSUED 20-DAY Summons re Amended Complaint 29 as to Defendants UR-IV Music, Baby Boy's Little Publishing Company, Fantasia, Zomba Recordings LLC, Sony BMG Entertainment, BMG Music, Warner-Tamerlane Publishing Corporation, J Records, Figtunes Music Publishing, Jumping Songs LLC, Shaniah Cymone Music, Naked Under My Clothes, Ciera Harris, Royalty Rightings, Hitco Music Publishing LLC, Does, Jermaine Dupri Mauldin, Noontime South, WBM Music Corporation, Soulsick Muzik, Columbia Records, Chrysalis Music, Francisco Batista, Jr, ASCAP, BMI, SESAC, Harry Fox, Usher Raymond, IV, Brian Michael Paul Cox, Arista Records LLC, EMI April Music Inc. (gk) (Entered: 10/31/2008)
10/31/200860 NOTICE OF DEFICIENCY Re: Request for Default against Defendants Usher Raymond and Jermaine Dupree 57 . The Clerk cannot enter the requested relief as: The name of the person served and/or the name of the person to whom default is requested does not exactly match the complaint. Proof of Service is lacking required information. Personal and/or Mail service of the Amended Complaint (only) was executed by the Plaintiff, date of service is not indicated. The process server should be at least 18 years of age and not a party to this action. Acknowledgment of service or waiver of summons not submitted. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) (Entered: 10/31/2008)
11/04/200861  JOINT RULE 26(F) REPORT of Rule 26(f) conference filed by Defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Anderson, Peter) (Entered: 11/04/2008)
11/06/200862 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Pretrial and Trial Documents - Joint Rule 26(f) Discovery Plan RE: Joint Rule 26(F) Report filed 11/4/2008 61 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 11/06/2008)
11/17/200863 MINUTES OF Scheduling Conference held before Judge Christina A. Snyder: Court and counsel confer. For reasons stated on the record, the Court continues the Scheduling Conference to 1/26/2009 11:00 AM before Judge Christina A. Snyder. Court Reporter: Laura Elias. (gk) (Entered: 12/01/2008)
12/05/200864 ANSWER to Amended Complaint,,,,, 29 JURY DEMAND filed by Defendant SESAC.(Jacobs, Robert) (Entered: 12/05/2008)
12/05/200865 CORPORATE DISCLOSURE STATEMENT filed by Defendant SESAC (Jacobs, Robert) (Entered: 12/05/2008)
12/05/200866 CERTIFICATE of Interested Parties filed by Defendant SESAC, (Jacobs, Robert) (Entered: 12/05/2008)
12/05/200867 CERTIFICATE OF SERVICE filed by Defendant SESAC, re Corporate Disclosure Statement 65 , Certificate/Notice of Interested Parties 66 , Answer to Complaint 64 on Pro Se Litigant served on December 5, 2008. (Jacobs, Robert) (Entered: 12/05/2008)
12/09/200868  NOTICE of Manual Filing filed by Defendant BMI of Answer and Counterclaim and Cross Claim and Certificate of Interested Parties. (De Vita, AnnMarie) (Entered: 12/09/2008)
12/09/200869 ANSWER to Amended Complaint 29 ; COUNTERCLAIM against Ernest Lee Straughter; and CROSSCLAIM against Francisco Bautista, Jr. and Jumping Bean Songs LLC filed by Defendant, Counterclaimant and Crossclaimant Broadcast Music, Inc. (gk) (Entered: 12/11/2008)
12/09/200870 CERTIFICATE of Interested Parties filed by Defendant, Counterclaimant and Cross-Claimant Broadcast Music, Inc. (gk) (Entered: 12/11/2008)
12/09/200872 URGENT REQUEST to Extend Time to Respond to Defendants' Documents Until (Pro Se) Plaintiff Gets an Attorney, as Requested by Judge Snyder filed by Plaintiff Ernest Lee Straughter. (gk) (Entered: 12/12/2008)
12/10/200871 ISSUED 20-Day Summons re Crossclaim 69 as to Crossdefendants Jumping Bean Song LLC, Francisco Bautista, Jr. (gk) (Entered: 12/11/2008)
12/11/200873 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court is in receipt of plaintiff's Urgent Request to Judge Snyder to Extend Time to Respond to Defendants' Documents Until (Pro Se) Plaintiff Gets an Attorney, as Requested by Judge Snyder filed 12/9/2008 72 . The Court hereby sets a Status Conference re: plaintiff's request on 1/12/2009 11:00 AM before Judge Christina A. Snyder. Court Reporter: Not Present. (gk) (Entered: 12/12/2008)
12/12/200874 REQUEST for Default against Defendant Usher Raymond, IV filed by Plaintiff Ernest Lee Straughter. (gk) (Entered: 12/15/2008)
12/15/200875 OPPOSITION to REQUEST for Extension of Time to File Respond to Defendants' Documents Until (Pro Se) Plaintiff Gets an Attorney, as Requested by Judge Snyder 72 Response filed by Defendants Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Attachments: # 1 Exhibits)(Anderson, Peter) (Entered: 12/15/2008)
12/16/200876 NOTICE OF DEFICIENCY Re: Request for Default against Defendant Usher Raymond IV 74 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Declaration of Due Diligence as to service of summons and complaint in May attached to the Request. The name of the person served and/or the name of the person to whom default is requested does not exactly match the complaint. As the Amended Complaint was filed 7/21/2008, the May service is insufficient for entry of default. As previously noted, a Proof of Personal and/or Mail service of the Amended Complaint (only) was executed by the Plaintiff, date of service is not indicated. The process server should be at least 18 years of age and not a party to this action. Acknowledgment of service or waiver of summons not submitted. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) (Entered: 12/16/2008)
12/19/200877 REQUEST for Default against Defendant Usher Raymond, IV p/k/a Usher filed by Plaintiff Ernest Lee Straughter. (gk) (Entered: 12/23/2008)
12/19/200879 PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE Executed by Plaintiff Ernest Lee Straughter, upon Usher Raymond, IV p/k/a Usher, et al. served on 8/6/2008. The First Amended Complaint was served by personal or U.S. Mail service, by Federal statute, acknowledged by Shawn Lacy (person making service). Due Diligence declaration not attached. Original Summons not returned. (gk) (Entered: 12/23/2008)
12/23/200878 NOTICE OF DEFICIENCY Re: Request for Default against Defendant Usher Raymond, IV p/k/a Usher 77 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. No declaration as required by F.R.Civ.P. 55(a). Proof of Personal and/or Mail service of the Amended Complaint (only) was executed by the Plaintiff, date of service is not indicated. The process server should be at least 18 years of age and not a party to this action. Acknowledgment of service or waiver of summons not submitted. Plaintiff has resubmitted request for the Judges review. Request forwarded to assigned Judge for consideration. (gk) (Entered: 12/23/2008)
12/23/200880 CORRECTED NOTICE OF DEFICIENCY Re: Request for Default against Defendant Usher Raymond, IV p/k/a Usher 77 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. No declaration as required by F.R.Civ.P 55(a). Proof of Personal and/or Mail service of the First Amended Complaint (only) under the federal rules was executed on 8/6/2008. Acknowledgment of service signed by the person making service. The address where service was made is not indicated, though if service is made under the federal rules, service upon an individual shall be at his/her dwelling house or usual place of residence. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) (Entered: 12/23/2008)
12/29/200881 MINUTES OF IN CHAMBERS ORDER held before Judge Christina A. Snyder: Upon Plaintiffs Urgent Request and Appointment of Counsel [72}from January 12,2009 to March 2, 2009 at 11:00 a.m. Furthermore, on the Courts own motion, theCourt continues the Scheduling Conference from January 26, 2009 to March 30, 2009 at 11:00 a.m. The parties Joint Report shall be filed on or before March 23, 2009. (lc) (Entered: 12/29/2008)
03/02/200982 MINUTES OF STATUS CONFERENCE RE: PLAINTIFFS URGENT REQUEST AND APPOINTMENT OF COUNSEL held before Judge Christina A. Snyder:Plaintiff has informed the Court of potential representation by counsel on his behalf. The Court informs for possible appointment of counsel. The Court continues the Status Conference re: Representation of Plaintiff to March 23, 2009 at 11:00 a.m. The Court hereby orders defendant ASCAP to deposit funds no later than March 17, 2009. Thereafter, defendant ASCAP will be dismissed without prejudice, subject to the deposit of the funds. Plaintiff will have 60 days within which to request the reinstatement of defendant ASCAP, upon showing of good cause. The Court further continues the Scheduling Conference from March 30, 2009 to April 13, 2009 at 11:00 a.m. Court Reporter: Sandra Becerra. (lc) (Entered: 03/04/2009)
03/06/200983 NOTICE OF LODGING filed re Status Conference, Set Deadlines/Hearings,,,,,, 82 (Attachments: # 1 Proposed Order Re Deposit of Funds)(O'Hanlon, Matthew) (Entered: 03/06/2009)
03/06/200984 PROOF OF SERVICE filed by counterclaimant and crossclaimant American Society of Composers, Authors and Publishers, re Notice of Lodging 83 by First Class U.S. Mail served on March 6, 2009. (O'Hanlon, Matthew) (Entered: 03/06/2009)
03/09/200985 ORDER RE DEPOSIT OF FUNDS by Judge Christina A. Snyder: The Court hereby orders Defendant, Counterclaimant, and Crossclaimant American Society of Composers, Authors and Publishers ("ASCAP") to deposit with the Clerk of this Court funds constituting royalties currently being held for the songs "Burn" (ASCAP Title Code No. 321137391), "How To Deal" (ASCAP Title Code No. 381196956) and "Got Me Waiting" (ASCAP Title Code No. 370799058) (collectively, the "Funds") by no later than 3/17/2009. Thereafter, ASCAP will be dismissed from the case without prejudice and subject its continuing obligation, pursuant to this Order, to deposit with the Clerk of this Court such additional Funds as would otherwise be payable to any of the defendants pursuant to ASCAP's distribution rules and regulations until such time as the remaining parties shall otherwise direct, or the Court shall otherwise order. Plaintiff Ernest Straughter will have 60 days within which to request the reinstatement of ASCAP upon a showing of good cause. (gk) (Entered: 03/10/2009)
03/12/200986 STATUS REPORT filed by Defendant BMI. (Attachments: # 1 Proposed Order re Dismissal Without Prejudice of BMI)(De Vita, AnnMarie) (Entered: 03/12/2009)
03/13/200987 ORDER RE DEFENDANT AND INTERPLEADER, COUNTER-CLAIMANT AND CROSS-CLAIMANT BROADCAST MUSIC, INC. (BMI) by Judge Christina A. Snyder. The Court orders BMI to deposit funds in the amount of $154.91, currently being held for the song "How to Deal," with the Clerk of Court. Upon receipt of such funds by the Clerk, BMI will be dismissed from the case without prejudice and subject to its continuing obligation to deposit with the Clerk of Court such additional funds as would otherwise be payable to any of the defendants pursuant to BMI's distribution rules and regulations until such time as remaining parties shall otherwise direct, or the Court shall otherwise order. Plaintiff Ernest Straughter will have 60 days within which to request the reinstatement of BMI upon a showing of good cause. (pp) (Entered: 03/13/2009)
03/17/200988 NOTICE OF DEPOSIT filed by defendant, counterclaimant and cross-claimant American Society of Composers, Authors and Publishers, ASCAP. (Attachments: # 1 Exhibit)(O'Hanlon, Matthew) (Entered: 03/17/2009)
03/17/200989  REQUEST to Dismiss Defendant, Counterclaimant and Crossclaimant American Society of Composers, Authors and Publishers, ASCAP filed by Defendant, Counterclaimant and Crossclaimant American Society of Composers, Authors and Publishers, ASCAP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(O'Hanlon, Matthew) (Entered: 03/17/2009)
03/17/200990 Amended REQUEST to Dismiss Defendant, Counterclaimant and Crossclaimant American Society of Composers, Authors and Publishers, ASCAP filed by Defendant, Counterclaimant and Crossclaimant American Society of Composers, Authors and Publishers, ASCAP. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(O'Hanlon, Matthew) (Entered: 03/17/2009)
03/18/200991  REQUEST to Dismiss Defendant and Interpleader, Counter-Claimant and Cross-Claimant BMI filed by Defendant and Interpleader, Counter-Claimant and Cross-Claimant BMI. (Attachments: # 1 Exhibit, # 2 Proposed Order)(De Vita, AnnMarie) (Entered: 03/18/2009)
03/19/200992 TRANSCRIPT for proceedings held on March 2, 2009 at 11:00 A.M. Court Reporter/Electronic Court Recorder: Sandra L. Becerra, phone number /email address VerbatimRecord@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/9/2009. Redacted Transcript Deadline set for 4/19/2009. Release of Transcript Restriction set for 6/17/2009. (Becerra, Sandra) (Entered: 03/19/2009)
03/19/200993 ORDER by Judge Christina A. Snyder on REQUEST for Dismissal 89 , 90 . Defendant, Counterclaimant and Crossclaimant American Society of Composers, Authors and Publishers (ASCAP) is hereby dismissed from the case without prejudice and subject to ASCAP's continuing obligation to deposit with the Clerk of this Court additional funds, constituting royalties as would otherwise be payable to any of the defendants. Plaintiff Ernest Straughter will have sixty (60) days within which to request the reinstatement of ASCAP upon a showing of good cause. (mg) (Entered: 03/19/2009)
03/20/200994 NOTICE OF LODGING filed re Order,,,, 85 (Attachments: # 1 Proposed Order Re Deposit of Funds, # 2 Certificate of Service on Pro Se Litigant)(Jacobs, Robert) (Entered: 03/20/2009)
03/23/200995 ORDER RE DEPOSIT OF FUNDS: Defendant SESAC, Inc. (SESAC) having funds in the amount of $26,482.77 currently being held for the songs How to Deal, Burn and Got Me Waiting, is hereby ordered to deposit such funds with the Clerk of the Court. The funds shall be held by the Clerk in an interest-bearing account and shall be released to SESAC upon the agreement of SESAC and Plaintiff Ernest Straughter or upon entry of final judgment. Upon receipt of such funds by the Clerk, SESAC will be dismissed from the case without prejudice and subject to its continuing obligation to deposit with the Clerk of the Court such additional funds as would otherwise be payable to any of the defendants pursuant to SESACs distribution rules and regulations until such time as the remaining parties shall otherwise direct, or the Court shall otherwise order. Plaintiff shall have 60 days within which to request the reinstatement of SESAC upon a showing of good cause by Judge Christina A. Snyder (lc) (Entered: 03/24/2009)
03/23/200997 MINUTES OF Status Conference held before Judge Christina A. Snyder. Hearing held and counsel are present. Attorney Brian Grossman specially appears onplaintiffs behalf. The Court confers with counsel. The Court informs Mr. Grossman, that he needs to file a substitution of attorney with the Court forthwith. The Court grants plaintiff leave to file an amended complaint on or before April 3, 2009. The Court resets a Scheduling Conference set for 6/22/2009 at 11:00 AM and sets Status Conference set for 6/22/2009 at 11:00 AM.Court Reporter: Laura Elias. (pp) (Entered: 03/25/2009)
03/24/200996 ORDER Pursuant to the March 13, 2009 order of this Court, Defendant and Interpleader, Counter-Claimant and Cross-Claimant Broadcast Music, Inc. (BMI) deposited with the Clerk of the Court funds in the amount of $251.76 currently being held for the song How to Deal. BMI is therefore dismissed from this action without prejudice and subject to its continuing obligation to deposit with the Clerk of the Court such additional funds as would otherwise be payable to any of the defendants pursuant to BMI's distribution rules and regulations until such time as the remaining parties shall otherwise direct, or the Court shall otherwise order. Plaintiff Ernest Straughter will have 60 days withinwhich to request the reinstatement of BMI upon a showing of good cause by Judge Christina A. Snyder (lc) (Entered: 03/24/2009)
03/26/200998  REQUEST to Substitute attorney Brian M. Grossman in place of attorney Ernest Lee Straughter, in propria persona filed by Plaintiff Ernest Lee Straughter. (Attachments: # 1 Proposed Order Order Approving Substitution of Counsel)(Grossman, Brian) (Entered: 03/26/2009)
03/27/200999 REDACTED TRANSCRIPT for proceedings held on March 2, 2009 at 11:00 A.M., re: Transcript 92 . (Becerra, Sandra) (Entered: 03/27/2009)
03/27/2009100 ORDER by Judge Christina A. Snyder Granting Request for Approval of Substitution of Attorney Brian M. Grossman in place of Plaintiff Ernest Lee Straughter, in propria persona 98 . (gk) (Entered: 03/27/2009)
03/30/2009101 AMENDED TRANSCRIPT for proceedings held on 3/2/2009 11:00 a.m.. Court Reporter/Electronic Court Recorder: Sandra L. Becerra, phone number verbatimrecord@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/20/2009. Redacted Transcript Deadline set for 4/30/2009. Release of Transcript Restriction set for 6/28/2009. (mo) (Entered: 03/30/2009)
03/30/2009102 NOTICE OF FILING AMENDED TRANSCRIPT filed for proceedings 3/2/2009 11:00 a.m. (mo) (Entered: 03/30/2009)
03/30/2009103 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Redacted Transcript (CV) 99 (mo) (Entered: 03/30/2009)
04/01/2009104 NOTICE Of Deposit Of Funds filed by Defendant SESAC. (Jacobs, Robert) (Entered: 04/01/2009)
04/01/2009105  REQUEST to Dismiss Defendant SESAC filed by Defendant SESAC. (Attachments: # 1 Proposed Order Re Dismissal)(Jacobs, Robert) (Entered: 04/01/2009)
04/01/2009106 PROOF OF SERVICE filed by Defendant SESAC, served on 04/01/09. (Jacobs, Robert) (Entered: 04/01/2009)
04/03/2009107 ORDER RE DISMISSAL by Judge Christina A. Snyder: Upon Request 105 , Pursuant to the 3/23/2009 Order of this Court, Defendant SESAC, Inc. ("SESAC") deposited with the Clerk of the Court funds in the amount of $26,482.77 currently being held for the songs "How to Deal," "Burn" and "Got Me Waiting." SESAC is therefore dismissed from the case without prejudice and subject to its continuing obligation to deposit with the Clerk of the Court such additional funds as would otherwise be payable to any of the defendants pursuant to SESAC's distribution rules and regulations until such time as the remaining parties shall otherwise direct, or the Court shall otherwise order. Plaintiff Ernest Straughter shall have 60 days within which to request the reinstatement of SESAC upon a showing of good cause. (gk) (Entered: 04/06/2009)
04/03/2009108 SECOND AMENDED COMPLAINT against Defendants Usher Raymond, IV, Jermaine Dupri Mauldin, Bryan-Michael Paul Cox, Francisco Bautista, Jr., Fantasia Barrino, Johnta Austin, Ciara Harris, EMI April Music, Inc., UR-IV Music, So So Def Recordings, Inc., Baby Boy's Little Publishing Company, Arista Records LLC, Sony Music Entertainment, Zomba Recording, LLC, Laface Records, LLC, W.B.M. Music Corporation, Noontime South, Inc., Soulsick Muzik, Jumping Beans Songs, LLC, J Records, LLC, and 19 Entertainment, Inc.; Party Columbia Records, Does, Figtunes Music Publishing, Harry Fox, Hitco Music Publishing LLC, Jumping Songs LLC, Naked Under My Clothes, Royalty Rightings, Shaniah Cymone Music, Sony BMG Entertainment, Warner-Tamerlane Publishing Corporation, BMG Music and Chrysalis Music terminated; amending First Amended Complaint 29 ; with Jury Demand filed by Plaintiff Ernest Lee Straughter. (gk) (Additional attachment(s) added on 4/14/2009: # 1 Issued Summons on Second Amended Complaint) (gk). (Entered: 04/06/2009)
04/07/2009 20-DAY Summons Issued re Second Amended Complaint 108 as to Defendants Usher Raymond, IV, Jermaine Dupri Mauldin, Bryan-Michael Paul Cox, Francisco Bautista, Jr., Fantasia Barrino, Johnta Austin, Ciara Harris, EMI April Music, Inc., UR-IV Music, So So Def Recordings, Inc., Baby Boy's Little Publishing Company, Arista Records LLC, Sony Music Entertainment, Zomba Recording, LLC, Laface Records, LLC, W.B.M. Music Corporation, Noontime South, Inc., Soulsick Muzik, Jumping Beans Songs, LLC, J Records, LLC, and 19 Entertainment, Inc. (gk) (Entered: 04/14/2009)
04/13/2009109  STIPULATION for Discovery as to Requests for Admission, Document Requests and Interrogatories, STIPULATION for Extension of Time to File as to REQUEST for Extension of Time to File Respond to Defendants' Documents Until (Pro Se) Plaintiff Gets an Attorney, as Requested by Judge Snyder 72 filed by Plaintiff Ernest Lee Straughter. (Attachments: # 1 Proposed Order)(Grossman, Brian) (Entered: 04/13/2009)
04/23/2009110  STIPULATION for Extension of Time to File Response to Second Amended Complaint filed by defendant Zomba Recordings LLC, Sony BMG Entertainment, Arista Records LLC. (Attachments: # 1 Proposed Order)(Anderson, Peter) (Entered: 04/23/2009)
04/28/2009111 ORDER granting Stipulation for Extension of Time to File 110 to 5/11/09 by United States District Judge Christina A. Snyder re defendants ARISTA RECORDS, LLC, ZOMBA RECORDING LLC, and SONY BMG MUSIC ENTERTAINMENT. (pp) (Entered: 04/28/2009)
04/30/2009112  STIPULATION for Extension of Time to File Answer to May 29, 2009 re Amended Complaint,,,, 108 filed by Defendants UR-IV Music, Jermaine Dupri Mauldin, W.B.M. Music Corporation, So So Def Recordings, Inc., Usher Raymond, IV, EMI April Music Inc.. (Attachments: # 1 Proposed Order)(Jacobs, Robert) (Entered: 04/30/2009)
05/04/2009113 ORDER EXTENDING TIME FOR DEFENDANTS W.B.M. MUSIC CORP., EMI APRIL MUSIC INC., USHER RAYMOND IV, UR-IV MUSIC, INC., JERMAINE DUPRI MAULDIN AND SO SO DEF RECORDINGS, INC. TO RESPOND TO SECOND AMENDED COMPLAINT by Judge Christina A. Snyder: Upon Stipulation Extending Time to Respond to Amended Complaint 112 , IT IS HEREBY ORDERED THAT Defendants W.B.M. Music Corp., EMI April Music Inc., Usher Raymond IV, URIV Music, Inc., Jermaine Dupri Mauldin and So So Def Recordings, Inc.'s deadline to respond to Plaintiffs' Second Amended Complaint 108 shall be continued until 5/29/2009. (gk) (Entered: 05/05/2009)
05/07/2009114  STIPULATION for Extension of Time to File Response as to Amended Complaint,,,, 108 filed by defendant Zomba Recordings LLC, J Records LLC, Sony Music Entertainment, Laface Records, LLC, Arista Records LLC. (Attachments: # 1 Proposed Order)(Anderson, Peter) (Entered: 05/07/2009)
05/08/2009115 ORDER EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT by U.S. District Judge Christina A. Snyder. GRANTING Stipulation for Extension of Time to Respond to the Second Amended Complaint by 6/5/09 114 . (pp) (Entered: 05/08/2009)
05/11/2009116  STIPULATION for Extension of Time to File Response as to Amended Complaint,,,, 108 filed by defendant 19 Entertainment, Inc.. (Attachments: # 1 Proposed Order)(Anderson, Peter) (Entered: 05/11/2009)
05/12/2009117 ORDER EXTENDING TIME FOR DEFENDANT 19 TV ENTERTAINMENT, INC. TO RESPOND TO SECOND AMENDED COMPLAINT by Judge Christina A. Snyder: Upon Stipulation 116 , IT IS HEREBY ORDERED that the time for defendant 19 TV Entertainment, Inc. to respond to plaintiff's Second Amended Complaint 108 be and hereby is extended to 6/5/2009. (gk) (Entered: 05/13/2009)
05/29/2009118 ANSWER to Amended Complaint,,,, 108 --Answer to Second Amended Complaint and Demand for Jury Trial filed by Defendant W.B.M. Music Corporation.(Jacobs, Robert) (Entered: 05/29/2009)
05/29/2009119 ANSWER to Amended Complaint,,,, 108 --Answer to Second Amended Complaint and Demand for Jury Trial filed by Defendant EMI April Music Inc..(Jacobs, Robert) (Entered: 05/29/2009)
05/29/2009120 ANSWER to Amended Complaint,,,, 108 --Answer to Second Amended Complaint and Demand for Jury Trial filed by Defendants UR-IV Music, Usher Raymond, IV.(Jacobs, Robert) (Entered: 05/29/2009)
05/29/2009121 ANSWER to Amended Complaint,,,, 108 --Answer to Second Amended Complaint and Demand for Jury Trial filed by Defendants Jermaine Dupri Mauldin, So So Def Recordings, Inc..(Jacobs, Robert) (Entered: 05/29/2009)
05/29/2009122 CORPORATE DISCLOSURE STATEMENT and Certification Pursuant to Fed. R. Civ. P. 7.1 and Local Rule 7.1-1 filed by Defendants UR-IV Music, Jermaine Dupri Mauldin, W.B.M. Music Corporation, So So Def Recordings, Inc., Usher Raymond, IV (Jacobs, Robert) (Entered: 05/29/2009)
06/05/2009123 ANSWER to Amended Complaint,,,, 108 filed by defendants Zomba Recordings LLC, J Records LLC, Sony Music Entertainment, Laface Records, LLC, Arista Records LLC.(Anderson, Peter) (Entered: 06/05/2009)
06/05/2009124  Notice of Interested Parties filed by Defendants Zomba Recordings LLC, J Records LLC, Sony Music Entertainment, Laface Records, LLC, Arista Records LLC, identifying Sony Corporation. (Anderson, Peter) (Entered: 06/05/2009)
06/05/2009125 ANSWER to Amended Complaint,,,, 108 filed by defendant 19 Entertainment, Inc..(Anderson, Peter) (Entered: 06/05/2009)
06/05/2009126 Notice of Interested Parties filed by Defendant 19 Entertainment, Inc., identifying CKX Inc.. (Anderson, Peter) (Entered: 06/05/2009)
06/12/2009127 ANSWER to Amended Complaint,,,, 108 filed by defendant Jumping Beans Songs, LLC.(Lemkin, Derek) (Entered: 06/12/2009)
06/15/2009128  RULE 26(f) REPORT REPORT filed by Defendants UR-IV Music, Zomba Recordings LLC, J Records LLC, Jermaine Dupri Mauldin, W.B.M. Music Corporation, So So Def Recordings, Inc., Sony Music Entertainment, Laface Records, LLC, Jumping Beans Songs, LLC, 19 Entertainment, Inc., Usher Raymond, IV, Arista Records LLC, EMI April Music Inc., Plaintiff Ernest Lee Straughter. (Grossman, Brian) (Entered: 06/15/2009)
06/15/2009129 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No Certification of Interested Parties, Local Rule 7.1-1 RE: Answer of Jumping Bean Songs, LLC to Second Amended Complaint filed 6/12/2009 127 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 06/15/2009)
06/16/2009130  Certification and Notice of Interested Parties filed by Defendant Jumping Beans Songs, LLC, (Lemkin, Derek) (Entered: 06/16/2009)
06/22/2009131 MINUTES OF Status Conference Re Case, Filing of the Amended Complaint, and Status of Service of the Amended Complaint; and Scheduling Conference held before Judge Christina A. Snyder: The Court confers with plaintiff's counsel and plaintiffs' counsel informs the Court that the Second Amended Complaint was timely filed and that all defendants have been served, except for defendants NOONTIME SOUTH, INC. and BABY BOY'S LITTLE PUBLISHING COMPANY. Plaintiffs' counsel informs the Court that the unserved defendants will either be served or dismissed within 15 days from the date of this hearing. The Court further confers with counsel regarding setting of dates. The Court schedules the Factual Discovery Cutoff on 12/15/2009 and orders counsel to prepare a Stipulation and Proposed Order with the remainder of the dates, calculating them from the Court ordered factual discovery cutoff. Court Reporter: Laura Elias. (gk) (Entered: 06/24/2009)
06/29/2009132  STIPULATION for Discovery as to Conduct of Discovery filed by Plaintiff Ernest Lee Straughter. (Attachments: # 1 Proposed Order)(Grossman, Brian) (Entered: 06/29/2009)
06/29/2009133 NOTICE of Change of Address by AnnMarie De Vita attorney for Defendant BMI, changing Address and Phone/Fax Numbers to 1801 Century Park East Suite 1600 Los Angeles California 90067. Filed by Defendant BMI (De Vita, AnnMarie) (Entered: 06/29/2009)
07/10/2009134 ORDER by Judge Christina A. Snyder GRANTING Stipulation re Conduct of Discovery 132 . (pp) (Entered: 07/13/2009)
07/14/2009135 FIRST STIPULATION Extending Time to Answer the complaint as to Bryan-Michael Paul Cox answer now due 7/29/2009, filed by Defendants UR-IV Music; Jermaine Dupri Mauldin; W.B.M. Music Corporation; So So Def Recordings; Usher Raymond, IV; Bryan-Michael Paul Cox; EMI April Music Inc..(Jacobs, Robert) (Entered: 07/14/2009)
07/14/2009136 FIRST STIPULATION Extending Time to Answer the complaint as to filed by Defendants UR-IV Music, Jermaine Dupri Mauldin, W.B.M. Music Corporation, So So Def Recordings, Inc., Usher Raymond, IV, Bryan-Michael Paul Cox, EMI April Music Inc.. (Attachments: # 1 Proposed Order)(Jacobs, Robert) (Entered: 07/14/2009)
07/15/2009137 NOTICE OF ERRATA filed by Defendants UR-IV Music, Jermaine Dupri Mauldin, W.B.M. Music Corporation, So So Def Recordings, Usher Raymond, IV, Bryan-Michael Paul Cox, EMI April Music Inc.. correcting First Stipulation Extending Time to Answer (30 days or less), First Stipulation Extending Time to Answer (30 days or less) 135 (Kohn, Zoey) (Entered: 07/15/2009)
07/16/2009138 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Stipulations - Extending Time to Answer (More than 30 days). Stipulations - Extending Time to Answer (30 days or less) event was utilized in docketing this filing. The "30 days or less" event is used for Stipulations as to an initial complaint, pursuant to Local Rule 8-3, which do not require an order of the Court RE: Stipulation Extending Time for Defendant Bryan Michael Cox to Respond to Second Amended Complaint filed 7/14/2009 136 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 07/16/2009)