Case Details

CourtCentral District of California
Docket number2:05-cv-05861
Date case filed2005-08-11
Date case closed2006-01-06
Date of latest filing
Assigned toJudge John F. Walter
Case cause17:101 Copyright Infringement
Nature of suit820 Copyright
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Sybersound Records Inc
Party type: Plaintiff
Attorney name: J Raymond Warner
Attorney Contact:
Kaye Scholer
1999 Avenue of the Stars, Ste 1700
Los Angeles, CA 90067-6048
310-788-1236
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
Kaye Scholer LLP
1999 Avenue of the Stars Suite 1700
Los Angeles, CA 90067
310-788-1000
Fax: 310-788-1200
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
Kaye Scholer
1999 Ave of the Stars Suite 1700
Los Angeles, CA 90067
310-788-1000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
Robert S Meloni Law Offices
1350 Avenue of the Americas, Suite 3100
New York, NY 10019
212-957-5577
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
Kay Scholer
1999 Avenue of the Stars, Suite 1700
Los Angeles, CA 90067-4622
310-788-1092
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
Ronald S Meloni Law Offices
1350 Avenue of the Americas, Suite 3100
New York, NY 10019
212-957-5577
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Mark Hybner Publishing Inc
Party type: Plaintiff
TERMINATED: 10/27/2005
Attorney name: J Raymond Warner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Full Circle Music Publishing LLC
Party type: Plaintiff
TERMINATED: 10/27/2005
Attorney name: J Raymond Warner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Skronk Bonk Tunes
Party type: Plaintiff
TERMINATED: 10/27/2005
Attorney name: J Raymond Warner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: World House of Hits LLC
Party type: Plaintiff
TERMINATED: 10/27/2005
Attorney name: J Raymond Warner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: SHC LLC
Party type: Plaintiff
TERMINATED: 10/27/2005

doing business asSteel Wheels Music
TERMINATED: 10/27/2005
Attorney name: J Raymond Warner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Logrhythm Music
Party type: Plaintiff
TERMINATED: 10/27/2005
Attorney name: J Raymond Warner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter L Haviland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert S Meloni
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert M Turner
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald W Adelman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julian Brew
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: UAV Corporation
Party type: Defendant
doing business asKaraoke Bay
doing business asSterling Entertainment
Attorney name: Andre Y Bates
Attorney Contact:
Baker and Hostetler
333 South Grand Ave, Ste 1800
Los Angeles, CA 90071-1523
213-975-1600
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Carrie M Hemphill
Attorney Contact:
Baker & Hostetler
333 S Grand Ave, Ste 1800
Los Angeles, CA 90071-1523
213-975-1600
TERMINATED: 09/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D Parker
Attorney Contact:
Baker & Hostetler
3200 National City Center
1900 East Ninth Street
Cleveland, OH 44114
216-621-0200
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Madacy Entertainment LP
Party type: Defendant
doing business asKaraoke Party
Attorney name: Henry L Self , III
Attorney Contact:
Lavely & Singer
2049 Century Park East, Suite 2400
Los Angeles, CA 90067-2906
310-556-3501
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Martin D Singer
Attorney Contact:
Lavely & Singer APC
2049 Century Park East Suite 2400
Los Angeles, CA 90067-2906
310-556-3501
Fax: 310-556-3615
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul N Sorrell
Attorney Contact:
Lavely & Singer
2049 Century Park E, Ste 2400
Los Angeles, CA 90067-2906
310-556-3501
Fax: 310-556-3615
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Audio Stream Inc
Party type: Defendant
doing business asKeynote Karaoke
Attorney name: Daniel A Johnson
Attorney Contact:
Sullivan Johnson LLP
23480 Part Sorrento
Suite 217A
Calabasas, CA 91302
818-591-9700
Fax: 818-591-9707
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Top Tunes Inc
Party type: Defendant
Attorney name: Daniel A Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Singing Machine Company Inc
Party type: Defendant
Attorney name: Charles J Sanders
Attorney Contact:
Charles J Sanders Law Offices
29 Kings Grant Way
Briarcliff Manor, NY 10510
914-366-6642
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel A Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Compass Productions Inc
Party type: Defendant
TERMINATED: 11/07/2005
Attorney name: Douglas J Frederick
Attorney Contact:
Rider Bennett
33 South Sixth Street, Suite 4900
Minneapolis, MN 55402
612-340-7918
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Miguel Hernandez
Attorney Contact:
Carroll Burdick and McDonough LLP
633 West Fifth Street 51st Floor
Los Angeles, CA 90071
213-833-4500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Patrick J Rooney , III
Attorney Contact:
4342 - 45th Street No 6N
Sunnyside, NY 11104
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter Gray
Attorney Contact:
Rider Bennett
33 South Sixth Street, Suite 4900
Minneapolis, MN 55402
612-340-8968
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard Marvin Fannan
Attorney Contact:
Burke Williams and Sorensen LLP
444 South Flower Street Suite 2400
Los Angeles, CA 90071
213-236-0600
Fax: 213-236-2700
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: BCI Eclipse Company LLC
Party type: Defendant
Attorney name: Robert A Aronson
Attorney Contact:
Robert A Aronson Law Offices
9401 Wilshire Boulevard Suite 830
Beverly Hills, CA 90212-2944
310-278-8018
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Amos Alter
Party type: Defendant
Attorney name: Henry L Self , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Martin D Singer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul N Sorrell
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: David Alter
Party type: Defendant
Attorney name: Henry L Self , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Martin D Singer
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul N Sorrell
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Edward Goetz
Party type: Defendant
Attorney name: Robert A Aronson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dennis Norden
Party type: Defendant
Attorney name: Charles J Sanders
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel A Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Frank Robertson
Party type: Defendant
Attorney name: Andre Y Bates
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John D Parker
Attorney Contact:
Baker & Hostetler
1900 East Ninth Street
Cleveland, OH 44114
216-621-0200
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Douglas Vogt
Party type: Defendant
Attorney name: Daniel A Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Richard Vogt
Party type: Defendant
Attorney name: Daniel A Johnson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12005-08-11 COMPLAINT against defendants UAV Corporation, Madacy Entertainment LP, Audio Stream Inc, Top Tunes Inc, Singing Machine Company Inc, Compass Productions Inc, BCI Eclipse Company LLC.(Filing fee $ 250) Jury Demanded. , filed by plaintiffs Full Circle Music Publishing LLC, Skronk Bonk Tunes, World House of Hits LLC, Sybersound Records Inc, SHC LLC, Logrhythm Music, Mark Hybner Publishing Inc.(rrey, ) (Entered: 08/15/2005)
22005-08-11 NOTICE of Interested Parties filed by Plaintiffs Full Circle Music Publishing LLC, Skronk Bonk Tunes, World House of Hits LLC, Sybersound Records Inc, SHC LLC, Logrhythm Music, Mark Hybner Publishing Inc. (rrey, ) (Entered: 08/15/2005)
32005-08-11 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: 08/15/2005)
42005-08-12 STANDING ORDER: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to teh calendar of Judgg John F. Walter. Both the court and counsel bear responsibility for the progress of litigation in Federal Court. To secure the just, speedy and inexpensive determination of every action, Fed.R.Civ.P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the LR of the Central District of CA (see document for further details) by Judge John F. Walter (yl, ) (Entered: 08/16/2005)
52005-08-19 APPLICATION of Non-Resident Attorney Robert S. Meloni to Appear in a Specific Case on behalf of Plaintiffs Sybersound Records, Inc., et al., and designating local counsel Peter L. Haviland. FEE PAID. Lodged Proposed Order. (gk, ) (Entered: 08/23/2005)
62005-08-19 APPLICATION of Non-Resident Attorney Ronald W. Adelman to Appear in a Specific Case on behalf of Plaintiffs Sybersound Records, Inc., et al., and designating local counsel Peter L. Haviland. FEE PAID. Lodged Proposed Order. (gk, ) (Entered: 08/23/2005)
72005-08-22 ORDER by Judge John F. Walter granting 6 Application of Non-Resident Attorney Ronald W. Adelman to appear on behalf of Plaintiffs Sybersound Records, Inc., et al., designating Peter Haviland as local counsel. (gk, ) (Entered: 08/23/2005)
82005-08-22 ORDER by Judge John F. Walter granting 5 Application of Non-Resident Attorney Robert S. Meloni to appear on behalf of Plaintiffs Sybersound Records, Inc., et al., designating Peter Haviland as local counsel. (gk, ) (Entered: 08/23/2005)
92005-08-24 FIRST STIPULATION Extending Time for Defendants Audio Stream Inc, Top Tunes Inc and The Singing Machine Company, Inc to Answer the complaint. Audio Stream Inc answer due 10/6/2005; Top Tunes Inc answer due 10/6/2005; Singing Machine Company Inc answer due 10/6/2005. filed by Defendants Audio Stream Inc; Top Tunes Inc; Singing Machine Company Inc. (shb, ) (Entered: 08/25/2005)
102005-08-26 MINUTES OF IN CHAMBERS ORDER by Judge John F. Walter. Set Deadlines/Hearings:Counsel are hereby notified that a Scheduling Conference has been set for October 24, 2005 at 8:30 a.m. before Judge John F. Walter in Courtroom 16, U.S. Courthouse, 312 N. Spring Street, Los Angeles. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference.Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and an ADR Pilot Program Questionnaire on or before October 11, 2005. (see order for further details.) Court Reporter: None. (sr, ) (Entered: 08/26/2005)
112005-08-26 STIPULATION AND ORDER by Judge John F. Walter extending time to respond to complaint, Defendant UAV Corporation answer or other responsive pleading due 10/6/2005. (gk, ) (Entered: 08/29/2005)
122005-09-02 STIPULATION for Extension of Time to Respond to the Complaint; Madacy Entertainment LP d/b/a Karaoke Party answer or response due 9/20/2005. (gk, ) (Entered: 09/07/2005)
132005-09-06 NOTICE of Change of Attorney Information: Adding Andre Y. Bates for Defendant UAV Corporation as attorney as counsel of record for the reason indicated in the G-06 Notice. Carrie M. Hemphill is no longer attorney of record in this case for the reason indicated in the G-06 Notice. (gk, ) (Entered: 09/08/2005)
142005-09-07 NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Judge John F. Walter, ORDERING Notice of Motion and Motion to Dismiss; Memorandum; Declaration; Proposed Order submitted by Defendant Compass Productions, Inc. received on 9/6/2005 is not to be filed but instead rejected. Denial based on: Memorandum/brief exceeding 10 pages shall contain table of contents, Local Rule 11-8.(gk, ) (Entered: 09/08/2005)
152005-09-07 PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs, upon Defendants (1) BCI Eclipse Company, LLC served on 8/15/2005, answer due 9/4/2005. The Summons and Complaint were served by substituted service, by State statute, upon Ed Goetz, agent for service of process, by leaving with Deb Uhlman, Manager. Due Dilligence declaration not attached. (2) Madacy Entertainment LP d/b/a Karaoke Party served on 8/18/2005, answer due 9/20/2005. The Summons and Complaint were served by personal service, statute under which service was made is not noted (however, service was effected in Canada), upon Mr. Hillel Frankel, President, authorized person to accept service of process. Due diligence declaration not attached. (3) Compass Productions served on 8/15/2005, answer due 9/4/2005. The Summons and Complaint were served by personal service, by State statute, upon Robbie Soskin - CEO. Due Diligence declaration not attached. (4) Audio Stream, Inc. d/b/a Keynote Karaoke served on 8/15/2005, answer due 10/6/2005. The Summons and Complaint were served by personal service, by State statute, upon Doug Vogt - President. Due Diligence declaration not attached. (5) Top Tunes, Inc. served on 8/15/2005, answer due 10/6/2005. The Summons and Complaint were served by personal service, by State statute, upon Doug Vogt - President. Due Diligence declaration not attached. (6) UAV Corporation, d/b/a Karaoke Bay and d/b/a Sterling Entertainment served on 8/15/2005, answer due 10/6/2005. The Summons and Complaint were served by personal service, by State statute, upon Johnathan P. Spance - Director of Legal and Business Affairs. Due Diligence declaration not attached. (7) Singing Machine Company, Inc. served on 8/16/2005, answer due 10/6/2005. The Summons and Complaint were served by personal service, by State statute, upon Y.P. Chang - C.E.O. Due Diligence declaration not attached. Original Summons not returned. (gk, ) (Entered: 09/08/2005)
162005-09-08 APPLICATION of Non-Resident Attorney John D. Parker to Appear on behalf of Defendant UAV Corporation, and designating local counsel Andre Y. Bates. FEE PAID. Lodged Proposed Order. (gk, ) (Entered: 09/09/2005)
172005-08-30 NOTICE of Scheduling Conference on 10/24/2005 at 8:30 AM filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing Inc.,Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, SHC, LLC d/b/a Steel Wheels Music and Logrhythm Music. (gk, ) (Entered: 09/09/2005)
182005-09-09 APPLICATION of Non-Resident Attorney Peter Gray to Appear on behalf of Defendant Compass Productions, Inc., designating local counsel Richard Fannan. FEE PAID. Lodged Proposed Order. (gk, ) (Entered: 09/12/2005)
192005-09-09 APPLICATION of Non-Resident Attorney Douglas J. Frederick to Appear on behalf of Defendant Compass Productions, Inc., designating local counsel Richard Fannan. FEE PAID. Lodged Proposed Order. (gk, ) (Entered: 09/12/2005)
202005-09-09 APPLICATION of Non-Resident Attorney Patrick J. Rooney to Appear on behalf of Defendant Compass Productions, Inc., designating local counsel Richard Fannan. FEE PAID. Lodged Proposed Order. (gk, ) (Entered: 09/12/2005)
212005-09-12 ORDER by Judge Percy Anderson granting 16 Application of Non-Resident Attorney John D. Parker to appear on behalf of Defendant UAV Corporation, designating Andre Y. Bates as local counsel. (gk, ) (Entered: 09/13/2005)
222005-09-12 ORDER by Judge Percy Anderson granting 18 Application of Non-Resident Attorney Peter Gray to appear on behalf of Defendant Compass Productions, Inc., designating Richard Fannan as local counsel. (gk, ) (Entered: 09/13/2005)
232005-09-12 ORDER by Judge Percy Anderson granting 20 Application of Non-Resident Attorney Patrick J. Rooney to appear on behalf of Defendant Compass Productions, Inc., designating Richard Fannan as local counsel. (gk, ) (Entered: 09/13/2005)
242005-09-12 ORDER by Judge Percy Anderson granting 19 Application of Non-Resident Attorney Douglas J. Frederick to apepar on behalf of Defendant Compass Productions, Inc., designating Richard Fannan as local counsel. (gk, ) (Entered: 09/13/2005)
252005-09-14 CERTIFICATION as to Interested Parties filed by Defendant Compass Productions, Inc. (gk, ) (Entered: 09/15/2005)
262005-09-15 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Percy Anderson, ORDERING Notice of Motion and Motion to Dismiss, Proposed Order, Memorandum, Declaration, and Notice of Rejection submitted by Defendant Compass Productions Inc received on 9/13/2005 is not to be filed but instead rejected. Denial based on: No certification of interested parties and/or copies.(gk, ) (Entered: 09/15/2005)
272005-09-08 SUPPLEMENTAL TABLE OF CONTENTS AND TABLE OF AUTHORITIES to Memorandum of Points and Authorities in support of defendant MOTION to Dismiss filed by defendant Compass Productions Inc. (jp, ) (Entered: 09/15/2005)
282005-09-20 NOTICE of Interested Parties filed by Defendant Madacy Entertainment LP d/b/a Karaoke Party. (gk, ) (Entered: 09/21/2005)
292005-09-21 STIPULATION Extending Time to Respond to PLaintiff's Complaint; Defendant BCI Eclipse Company LLC answer or response due 10/6/2005. (gk, ) (Entered: 09/22/2005)
302005-09-21 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant BCI Eclipse Company LLC. (gk, ) (Entered: 09/22/2005)
312005-09-19 NOTICE OF MOTION AND MOTION for an Order Dismissing Plaintiffs claim against Compass, with prejudice filed by defendant Compass Productions Inc. Motion set for hearing on 10/17/2005 at 01:30 PM before Honorable John F. Walter. Lodged Order. (jp, ) (Entered: 09/27/2005)
322005-09-19 MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Dismiss 31 filed by defendant Compass Productions Inc. (jp, ) (Entered: 09/27/2005)
332005-09-19 DECLARATION of PETER GRAY in support of MOTION to Dismiss 31 filed by defendant Compass Productions Inc. (jp, ) (Entered: 09/27/2005)
342005-09-19 CERTIFICATION AS to Interested Parties filed by Defendant Compass Productions Inc. (jp, ) (Entered: 09/27/2005)
352005-09-19 NOTICE of Rejection filed by defendant Compass Productions Inc that the motion to dismiss filed and served by Compass Productions Inc on September 13, 2000 and set for hearing on October 17, 2005 was rejected by the Court. It is being refiled and renoticed for hearing on October 17, 2005. (jp, ) (Entered: 09/27/2005)
362005-09-20 NOTICE OF MOTION AND MOTION (1) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on International Comity; and (2) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on Forum Non-Conveniens; Memorandum of Points and Authorities; Declaration of Hillel Frankel filed by defendant Madacy Entertainment LP. Motion set for hearing on 10/17/2005 at 01:30 PM before Honorable John F. Walter. (jp, ) (Entered: 09/28/2005)
372005-09-20 REQUEST FOR JUDICIAL NOTICE [Filed Concurrently with Motion to Dismiss Under FRCP Rule 12(b)(6)] 36 ] filed by defendant Madacy Entertainment LP. (jp, ) (Entered: 09/28/2005)
382005-09-21 NOTICE OF MOTION AND MOTION to Dismiss Under FRCP 12(b)(6) for Failure to State claim upon which relief can be granted; Memorandum of Points and Authorities filed by defendant Madacy Entertainment LP. Motion set for hearing on 10/17/2005 at 01:30 PM before Honorable John F. Walter. (jp, ) (Entered: 09/28/2005)
392005-09-21 AMENDED PROOF OF SERVICE filed by defendant Madacy Entertainment LP re MOTION to Dismiss Under FRCP 12(b)(6) for Failure to State claim upon which relief can be granted; Memorandum of Points and Authorities 38 , was served on 9/20/2005. (jp, ) (Entered: 09/28/2005)
402005-10-03 OPPOSITION to Defendant Madacy Entertainment LP MOTION (1) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on International Comity; and (2) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on Forum Non-Conveniens 36 filed by plaintiff Sybersound Records Inc. (jp, ) Modified on 10/4/2005 (jp, ). (Entered: 10/04/2005)
412005-10-03 CONSOLIDATED OPPOSITION to Defendant Madacy Entertainment LP MOTION (1) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on International Comity; and (2) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on Forum Non-Conveniens 36 filed by plaintiff Sybersound Records Inc. (jp, ) (Entered: 10/04/2005)
422005-10-03 DECLARATION of JULIAN BREW in support of plaintiff Sybersound Records Inc Opposition to MOTION of Defendant Madacy Entertainment LP (1) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on International Comity; and (2) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on Forum Non-Conveniens 36 filed by plaintiff Sybersound Records Inc. (jp, ) (Entered: 10/04/2005)
432005-10-04 NOTICE of Interested Parties filed by Defendants Audio Stream, Inc., Top Tunes, Inc. and The Singing Machine Company, Inc. (gk, ) (Entered: 10/06/2005)
442005-10-06 NOTICE of Interested Parties filed by Defendant UAV Corporation. (gk, ) (Entered: 10/07/2005)
452005-10-04 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May be Granted filed by Defendant The Singing Machine Company, Inc.; Motion set for hearing on 10/31/2005 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities. (gk, ) (Entered: 10/07/2005)
462005-10-04 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May be Granted filed by Defendants Audio Stream, Inc. and Top Tunes, Inc.; Motion set for hearing on 10/31/2005 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities. (gk, ) (Entered: 10/07/2005)
472005-10-04 REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May be Granted 46 filed by Defendants Audio Stream, Inc. and Top Tunes, Inc. (gk, ) (Entered: 10/07/2005)
482005-10-04 REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May be Granted 45 filed by Defendant The Singing Machine Company, Inc. (gk, ) (Entered: 10/07/2005)
492005-10-06 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted filed by Defendant UAV Corporation; Motion set for hearing on 10/31/2005 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities in support thereof. Lodged Proposed Order. (gk, ) (Entered: 10/12/2005)
502005-10-06 NOTICE OF MOTION AND MOTION for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement filed by Defendant UAV Corporation; Motion set for hearing on 10/31/2005 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities in support thereof. Lodged Proposed Statement and Order. (gk, ) (Entered: 10/12/2005)
512005-10-06 DECLARATION of Jonathan P. Spence in Support of Motion for Summary Judgment 50 filed by Defendant UAV Corporation. (gk, ) (Entered: 10/12/2005)
522005-10-11 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorneys J. Raymond Warner on behalf of Plaintiffs; Daniel A Johnson on behalf of Defendants Audio Stream, Inc., Top Tunes, Inc. and The Singing Machine Company, Inc.; Paul N. Sorrell on behalf of Defendant Madacy Entertainment LP; Andre Y. Bates on behalf of Defendant UAV Corporation; Patrick J. Rooney on behalf of Defendant Compass Productions, Inc. (gk, ) (Entered: 10/12/2005)
532005-10-12 MINUTES OF IN CHAMBERS ORDER by Judge John F. Walter: RE: ORDER CONTINUING DEFENDANT COMPASS PRODUCTION, INC.S MOTION TO DISMISS TO OCTOBER 31, 2005 [filed 9/19/05, Docket No. 31]; CONTINUING DEFENDANT MADACY ENTERTAINMENT LPs MOTION (1) TO STAY OR DISMISS CLAIMS OF PLAINTIFF SYBERSOUND RECORDS, INC. BASED ON INTERNATIONAL COMITY; AND (2) TO STAY OR DISMISS CLAIMS OF PLAINTIFF SYBERSOUND RECORDS, INC BASED ON FORUM NON-CONVENIENS TO OCTOBER 31, 2005 [filed 9/20/05; Docket No. 36]; CONTINUING DEFENDANT MADACY ENTERTAINMENT LPs MOTION TO DISMISS UNDER FRCP 12(B)(6) FOR FAILURE TO STATE CLAIM UPON WHICH RELIEF CAN BE GRANTED TO OCTOBER 31, 2005 [filed 9/21/05, Docket No. 38]; ANDCONTINUING SCHEDULING CONFERENCE TO NOVEMBER 7, 2005. The Court, on its own motion, hereby continues the hearing on Defendant Compass Production, Inc.s Motion to Dismiss, Defendant Madacy Entertainment LPs Motion (1) to Stay or Dismiss Claims of Plaintiff Sybersound Records, Inc. based on International Comity; and (2) to Stay or Dismiss Claims of Plaintiff Sybersound Records, Inc. based on Forum Non Conveniens and Defendant Madacy Entertainment LPs Motion to Dismiss under FRCP 12(b)(6) for Failure to State Claim upon which Relief can be Granted, currently scheduled for October 17, 2005 at 1:30 p.m., to October 31, 2005 at 1:30 p.m before Judge John F. Walter in Courtroom 16, 312 N. Spring Street, Los Angeles, California, 90012. In addition, the Court continues the Scheduling Conference currently scheduled for October 24, 2005 at 8:30 a.m. to November 7, 2005 at 8:30 a.m. Court Reporter: None. (sr, ) (Entered: 10/12/2005)
542005-10-07 NOTICE OF MOTION AND MOTION to Dismiss Complaint 1 filed by defendant BCI Eclipse Company LLC. Motion set for hearing on 10/31/2005 at 01:30 PM before Honorable John F. Walter. Lodged Proposed Order. (ca, ) (Entered: 10/13/2005)
552005-10-07 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Complaint 54 filed by defendant BCI Eclipse Company LLC. Request set for hearing on 10/31/2005 at 01:30 PM before Honorable John F. Walter. (ca, ) (Entered: 10/13/2005)
562005-10-07 REPLY Memorandum in support of MOTION to Dismiss Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 49 filed by defendant Madacy Entertainment LP. (ca, ) (Entered: 10/13/2005)
572005-10-07 REPLY Memorandum in suppport of MOTION to Stay Case or Dismiss Claims of Plaintiff Sybersound Records Inc Based on International Comity; and (2) to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on Forum Non-Conveniens 36 filed by defendant Madacy Entertainment LP. (ca, ) (Entered: 10/13/2005)
582005-10-07 OBJECTION to Declaration of Julian Brew in support of MOTION to Stay or Dismiss Claims of Plaintiff Sybersound Records Inc Based on International Comity; and (2) to Stay or Dismiss Claims Based on Forum Non-Conveniens 36 filed by defendant Madacy Entertainment LP. (ca, ) (Entered: 10/13/2005)
592005-10-13 NOTICE AND EX PARTE APPLICATION to Strike Improper Motion for Summary Judgment 50 and for Order to Show Cause Re: Sanctions filed by Plaintiff Sybersound Records, Inc.; declarations of J. Raymond Warner in support thereof. Lodged Proposed Order. (gk, ) (Entered: 10/14/2005)
602005-10-13 DECLARATION of J. Raymond Warner in Support of Ex Parte Application to Strike Improper Motion for Summary Judgment and for Order to Show Cause Re: Sanctions 59 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 10/14/2005)
612005-10-14 DENIED BY ORDER of Judge John F. Walter Proposed Order Granting PLaintiff Sybersound Records, Inc.'s 59 Ex Parte Application to Strike Improper Motion for Summary Judgment and for Order to Show Cause Re: Sanctions. (gk, ) Modified on 10/14/2005 (gk, ). (Entered: 10/14/2005)
622005-10-11 JOINT REPORT Pursuant to FRCP 26(f) filed; estimated length of trial 20 days. (jp, ) (Entered: 10/18/2005)
632005-10-18 MINUTES OF IN CHAMBERS ORDER by Judge John F. Walter: ORDER TO SHOW CAUSE RE: MISJOINDER. The Court on its own motion, hereby orders Plaintiffs to show cause, in writing, no later than October 26, 2005, why one or more Plaintiffs should not be severed from the action as a result of misjoinder. Federal Rule of Civil Procedure 20(a), which allows for permissive joinder, provides, in pertinent part: All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. Fed. R. Civ. P. 20(a). Rule 20(a) imposes two specific requirements for proper joinder: (1) a right to relief must be asserted by... each plaintiff... relating to or arising out of the same transaction or occurrence; and (2) some question of law or fact common to all the parties will arise in the action. League to Save Lake Tahoe v. Tahoe Regional Planning Agency, 558 F.2d 914, 917 (9th Cir. 1977). The first prong, the same transaction requirement, refers to similarity in the factual background of a claim. Coughlin v. Rogers, 130 F.3d 1348, 1350 (9th Cir. 1997). No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the dismissal of this action. Court Reporter: None. (sr, ) (Entered: 10/19/2005)
642005-10-17 OBJECTIONS to Declaration of Jonathan P. Spence and to Reference to Exhibits in Madacy Motion to Dismiss 38 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
652005-10-17 CONSOLIDATED OPPOSITION to Motions to Dismiss by (1) Audio Stream, Inc. and Top Tunes, Inc. 46 , (2) BCI Eclipse Company LLC 54 , (3) The Singing Machine, Company, Inc. 45 , and (4) UAV Corporation 49 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
662005-10-17 OPPOSITION to Defendant UAV Corp.'s Motion for Summary Judgment 50 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. Lodged Proposed Order. (gk, ) (Entered: 10/19/2005)
672005-10-17 DECLARATION of Rell LaFargue Re: Opposition to UAV's Motion for Summary Judgment 50 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
682005-10-17 DECLARATION of Julian Brew in Support of Opposition to Defendant UAV's Motion for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement 50 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
692005-10-17 DECLARATION of Robert S. Meloni in Support of Opposition to Defendant UAV Corp.'s Motion for Summary Judgment 50 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
702005-10-17 DECLARATION of J. Raymond Warner in Support of Opposition to UAV's Motion for Summary Judgment 50 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
712005-10-17 OBJECTIONS to Defendant Madacy Entertainment LP's Request for Judicial Notice in Support of Its Motion to Dismiss 38 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
722005-10-17 STATEMENT of Genuine Issues of Material Fact re Motion for Summary Judgment 50 filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC and Logrhythm Music. (gk, ) (Entered: 10/19/2005)
732005-10-21 EX PARTE APPLICATION for Leave to file new evidence in support of its opposition to defendant UAV Corporations motion for summary judgment filed by plaintiffs Full Circle Music Publishing LLC, Skronk Bonk Tunes, World House of Hits LLC, Sybersound Records Inc, SHC LLC, Logrhythm Music, Mark Hybner Publishing Inc. Lodged Proposed Order. (ca, ) (Entered: 10/26/2005)
742005-10-21 DECLARATION of J. Raymond Warner in support of opposition to MOTION for Summary Judgment 50 , and in support of EX PARTE APPLICATION 73 filed by plaintiffs Full Circle Music Publishing LLC, Skronk Bonk Tunes, World House of Hits LLC, Sybersound Records Inc, SHC LLC, Logrhythm Music, Mark Hybner Publishing Inc. (ca, ) (Entered: 10/26/2005)
752005-10-24 REPLY in Support of Motion for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement 50 filed by Defendant UAV Corporation. (gk, ) (Entered: 10/26/2005)
762005-10-24 OBJECTIONS TO EVIDENCE Presented by Plaintiffs in Connection with Motion for Summary Judgment 50 filed by Defendant UAV Corporation. (gk, ) (Entered: 10/26/2005)
772005-10-24 DECLARATION of Randy Williams filed by Defendant UAV Corporation. (gk, ) (Entered: 10/26/2005)
782005-10-24 JOINDER in Defendants Audio Stream, Inc. and Top Tunes, Inc.'s Reply in Support of Motion to Dismiss Plaintiffs' Complaint for Failure to State Claim Upon Which Relief May be Granted 46 filed by Defendant UAV Corporation. (gk, ) (Entered: 10/26/2005)
792005-10-24 PROOF OF ELECTRONIC SERVICE filed by Defendant UAV Corporation of Reply in Support of Motion for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement 75 , Objections to Evidence President by Plaintiffs in Connection with Motion for Summary Judgment 76 , Declaration of Randy Williams 77 , Joinder in Defendants Audio Stream, Inc. and Top Tunes, Inc.'s Reply in Support of Motion to Dismiss 78 , and proofs of service, were served on 10/24/2005. (gk, ) (Entered: 10/26/2005)
802005-10-24 PROOF OF PERSONAL SERVICE filed by Defendant UAV Corporation of Reply in Support of Motion for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement 75 , Objections to Evidence President by Plaintiffs in Connection with Motion for Summary Judgment 76 , Declaration of Randy Williams 77 , Joinder in Defendants Audio Stream, Inc. and Top Tunes, Inc.'s Reply in Support of Motion to Dismiss 78 , and proofs of service, were served on 10/24/2005. (gk, ) (Entered: 10/26/2005)
812005-10-24 PROOF OF OVERNIGHT SERVICE filed by Defendant UAV Corporation of Reply in Support of Motion for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement 75 , Objections to Evidence President by Plaintiffs in Connection with Motion for Summary Judgment 76 , Declaration of Randy Williams 77 , Joinder in Defendants Audio Stream, Inc. and Top Tunes, Inc.'s Reply in Support of Motion to Dismiss 78 , and proofs of service, were served on 10/24/2005. (gk, ) (Entered: 10/26/2005)
822005-10-24 REPLY BRIEF in Support of Motions of Defendants Audio Stream, Inc., Top Tunes, Inc. 46 and The Singing Machine Company, Inc. 45 to to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May be Granted filed by Defendants Audio Stream, Inc., Top Tunes, Inc., and The Singing Machine Company, Inc. (gk, ) (Entered: 10/26/2005)
832005-10-24 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE in Support of Motions of Defendants Audio Stream, Inc., Top Tunes, Inc. 46 and The Singing Machine Company, Inc. 45 to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May be Granted filed by Defendants Audio Stream, Inc., Top Tunes, Inc., and The Singing Machine Company, Inc. (gk, ) (Entered: 10/26/2005)
842005-10-25 REPLY to Plaintiffs' Opposition to BCI's Motion to Dismiss 54 filed by Defendant BCI Eclipse Company LLC; memorandum of points and authorities in support thereof. (gk, ) (Entered: 10/27/2005)
852005-10-27 MINUTES (IN CHAMBERS) ORDER SEVERING PLAINTIFFS by Judge John F. Walter: The Court hereby severs all Plaintiffs in this action, except the first named Plaintiff, Sybersound. Each Plaintiff shall have until November 7, 2005 to file a separate action against a Defendant or Defendants if it chooses to do so, with new complaints, filing fees, and a notice of related case identifying this action. In light of the severance, the new separate actions shall be deemed continuations of the original action for purposes of the statute of limitations. After November 7, 2005, the Court will drop the severed plaintiffs and dismiss their claims without prejudice. Mark Hybner Publishing, Inc.; SHC, LLC; Skronk Bonk Tunes; World House of Hits LLC; Full Circle Music Publishing LLC and Logrhythm Music terminated. See document for details. Court Reporter: None Present. (gk, ) (Entered: 10/28/2005)
862005-10-28 MINUTES (IN CHAMBERS) by Judge John F. Walter: Order Taking Under Submission: Defendant Compass Productions, Inc.'s Motion to Dismiss 31 ; Defendant Madacy Entertainment LP's Motion to Stay or Dismiss Claims of Plaintiff Sybersound Records, Inc. Based on International Comity, and to Stay or Dismiss Claims of Plaintiff Sybersound Records, Inc. Based on Forum Non-Conveniens 36 ; Defendant Madacy Entertainment LP's Motion to Dismiss Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 38 ; Defendant The Singing Machine Company, Inc.'s Motion to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May Be Granted 45 ; Defendant Audio Stream and Top Tunes, Inc.'s Motion to Dismiss Plaintiffs' Complaint for Failure to State a Claim Upon Which Relief May Be Granted 46 ; Defendant UAV Corporation's Motion to Dismiss Plaintiffs' Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 49 ; Defendant BCI Eclipse Company, LLC's Motion to Dismiss Directed to the Complaint of All Plaintiffs 54 ; and Defendant UAV Corporation's Motion for Summary Judgment on Plaintiffs' First Cause of Action for Copyright Infringement 50 . Defendants' Motions are currently on calendar for October 31, 2005 at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that these matters are appropriate for decision without oral argument. The hearings calendared for October 31, 2005 are hereby vacated, and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date, and the clerk will notify the parties when the Court has reached a decision. Court Reporter: None Present. (gk, ) (Entered: 10/28/2005)
872005-10-26 RESPONSE filed by Plaintiffs Sybersound Records, Inc., Mark Hybner Publishing, Inc., Full Circle Music Publishing, LLC, Skronk Bonk Tunes, World House of Hits, LLC, SHC, LLC, and Logrhythm Music to Order to Show Cause Re: Misjoinder 63 . (gk, ) (Entered: 10/28/2005)
882005-10-28 ORDER by Judge John F. Walter granting Plaintiff Sybersound Records, Inc.'s 73 Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment. The clerk is ordered to enter the documents attached as Exhibit A to the Warner Declaration. (gk, ) (Entered: 10/28/2005)
892005-10-27 OPPOSITION to Plaintiff Sybersound Records Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 73 filed by Defendant UAV Corporation. (gk, ) (Entered: 10/31/2005)
902005-10-27 DECLARATION of Jonathan P. Spence in Support of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 73 filed by Defendant UAV Corporation. (gk, ) (Entered: 10/31/2005)
912005-10-27 PROOF OF ELECTRONIC SERVICE filed by Defendant UAV Corporation of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 89 , Declaration of Jonathan P. Spence in Support of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 90 , and proofs of service, were served on 10/27/2005. (gk, ) (Entered: 10/31/2005)
922005-10-27 PROOF OF OVERNIGHT SERVICE filed by Defendant UAV Corporation of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 89 , Declaration of Jonathan P. Spence in Support of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 90 , and proofs of service, were served on 10/27/2005. (gk, ) (Entered: 10/31/2005)
932005-10-27 PROOF OF PERSONAL SERVICE filed by Defendant UAV Corporation of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 89 , Declaration of Jonathan P. Spence in Support of Opposition to Plaintiff Sybersound Records, Inc.'s Ex Parte Application for Leave to File New Evidence in Support of its Opposition to Defendant UAV Corporation's Motion for Summary Judgment 90 , and proofs of service, were served on 10/27/2005. (gk, ) (Entered: 10/31/2005)
942005-11-01 RULE 26(f) Scheduling Conference Report filed by Defendant BCI Eclipse Company LLC. (jp, ) (Entered: 11/03/2005)
952005-11-07 SCHEDULING CONFERENCE held before the Honorable John F. Walter. ADR-12 is signed and filed. Court ordered the dates as indicated on Scheduling and Case Management Order filed today. Counsel served with Scheduling and Case Management Order on this date. Court Reporter: Nancy Smith-Wells. (sr, ) (Entered: 11/07/2005)
962005-11-07 ORDER by Judge John F. Walter, case ordered to a private mediator based upon a stipulation of the parties. Conference to be held no later than 5/1/2006. Last day to file joint report re: results of settlement conference is 5/10/06. Set Deadlines: (sr, ) (Entered: 11/07/2005)
972005-11-07 SCHEDULING ORDER by Judge John F. Walter,Set Deadlines/Hearings: Jury Trial on August 8, 2006 at 8:30 am. Estimated length: 7 days. Hearing on Motions in Limine; Hearing on Disputed Jury Instructions on August 5, 2006 at 10:00 am.Pre-Trial Conference; File Proposed Voir Dire Qs and Agreed-to Statement of Case on July 29, 2006 at 10:00 am. Lodge Pre-Trial Conf. Order; File Motions in Limine; Memo of Contentions of Fact and Law; Pre-Trial Exhibit Stipulation; Summary of Witness Testimony and Time Estimates; File Status Report re: Settlement; File Agreed Upon Set of Jury Instructions and Verdict Forms; File Joint Statement re Disputed Instructions, Verdicts, etc. on July 15, 2006. Last day for hearing motions is June 27, 2006 at 1:30 pm. Discovery cut-off isJune 30, 2006. Last day to conduct Settlement Conference is May 1, 2006. Last day to file Joint Report re: results of Settlement Conference is May 10, 2006.(See Order for further details.) (sr, ) (Entered: 11/07/2005)
982005-11-03 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorneys J. Raymond Warner on behalf of Plaintiff Sybersound Records, Inc., and Robert A Aronson on behalf of Defendants UAV Corporation, Madacy Entertainment LP, Audio Stream Inc., Top Tunes Inc., Singing Machine Company Inc., Compass Productions Inc., BCI Eclipse Company LLC.(gk, ) (Entered: 11/07/2005)
992005-11-07 STIPULATION AND ORDER by Judge John F. Walter that all claims by plaintiff Sybersound Records, Inc., against defendant Compass Productions, Inc., are hereby dismissed pursuant to Federal Rule of Civil Procedure 41(a)(2), without prejudice and without costs to either party; Compass Productions, Inc. terminated.(gk, ) (Entered: 11/07/2005)
1002005-11-08 **AMENDED** SCHEDULING ORDER by Judge John F. Walter. Resetting Hearing and Deadline as to Scheduling Order 97 . Set Deadlines/Hearings. Jury Trial on August 8, 2006 at 8:30 am. Estimated length: 7 days. Hearing on Motions in Limine; Hearing on Disputed Jury Instructions on August 4, 2006 at 10:00 am. Pre-Trial Conference; File Proposed Voir Dire Qs and Agreed-to Statement of Case on July 28, 2006 at 10:00 am. Lodge Pre-Trial Conf. Order; File Motions in Limine; Memo of Contentions of Fact and Law; Pre-Trial Exhibit Stipulation; Summary of Witness Testimony and Time Estimates; File Status Report re: Settlement; File Agreed Upon Set of Jury Instructions and Verdict Forms; File Joint Statement re Disputed Instructions, Verdicts, etc. on July 14, 2006. Last day for hearing motions is June 26, 2006. Discovery cut-off is June 12, 2006. Last day to conduct Settlement Conference is May 1, 2006. Last day to file Joint Report re: results of Settlement Conference is May 10, 2006. (See Order for further details.) (sr, ) (Entered: 11/08/2005)
1012005-11-08 ORDER Re: Ex Parte Application by Magistrate Judge Fernando M. Olguin. IT IS ORDERED THAT defendant UAV Corporation's Ex Parte Application for Order Extending Time for Response to Plaintiff Sybersound Records, Inc.'s First Set of Discovery Requests, filed on November 3, 2005, is denied. Defendant shall respond to plaintiff's discovery requests no later than ten (10) days from the filing date of this Order. (See document for further details.)(pcl, ) (Entered: 11/08/2005)
1022005-11-07 MINUTES OF IN CHAMBERS ORDER by Judge John F. Walter: ORDER GRANTING (1) DEFENDANT MADACY ENTERTAINMENT LPs MOTION TO DISMISS UNDER FRCP 12(b)(6) FOR FAILURE TO STATE CLAIM UPON WHICH RELIEF CAN BE GRANTED [fld 9/21/05; Docket No. 38]; (2) DEFENDANT THE SINGING MACHINE COMPANY, INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED [fld 10/4/05; Docket No. 45]; (3) DEFENDANTS AUDIO STREAM, INC.S AND TOP TUNES, INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED [fld 10/4/05; Docket No. 46]; (4) DEFENDANT UAV CORPORATION?S MOTION TO DISMISS PLAINTIFFS? COMPLAINT UNDER FRCP 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED [fld10/6/05; Docket No. 49]; (5) DEFENDANT BCI ECLIPSE COMPANY LLCs MOTION TO DISMISS DIRECTED TO THE COMPLAINT OF ALL PLAINTIFFS [fld 10/7/05; Docket No. 54]; ORDER DENYING AS MOOT DEFENDANT COMPASS PRODUCTIONS, INC.S MOTION TO DISMISS [fld 9/19/05; Docket No. 31]; ORDER DENYING AS MOOT DEFENDANT UAV CORPORATIONS MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS FIRST CAUSE OF ACTION FOR COPYRIGHT INFRINGEMENT [fld 10/6/05; Docket No. 50]; and ORDER DENYING AS MOOT DEFENDANT MADACY ENTERTAINMENT LPs MOTION TO STAY OR DISMISS CLAIMS OF PLAINTIFF SYBERSOUND RECORDS, INC. BASED ON INTERNATIONAL COMITY; AND TO STAY OR DISMISS CLAIMS OF PLAINTIFF SYBERSOUND RECORDS, INC. BASED ON FORUM NON-CONVENIENS [fld 9/20/05; Docket No. 36]; Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court found that the matters scheduled for hearing on October 31, 2005 were appropriate for decision without oral argument. The matters were, therefore, removed from the Court's October 31, 2005 hearing calendar and the parties were given advance telephonic notice. After considering the moving, opposing, and reply papers and the arguments therein, the Court rules as follows:...(see order for details). Conclusion: The Court GRANTS WITHOUT PREJUDICE the Motions to Dismiss Sybersounds first through sixth claims for relief of Defendants Madacy Entertainment LP, the Singing Machine Company, Inc., Audio Stream, Inc. and Top Tunes, Inc., UAV Corporation, and BCI Eclipse Company LLC. Sybersound shall have until November 21, 2005 to file its First Amended Complaint. Failure to timely file a First Amended Complaint will lead to dismissal of this action. In light of the November 5, 2005, dismissal of Compass Productions, Inc., the Court DENIES AS MOOT Defendant Compass Productions, Inc.s Motion to Dismiss. The Court DENIES AS MOOT Defendant UAV Corporations Motion for Summary Judgment on Plaintiffs First Cause of Action for Copyright Infringement. The Court DENIES AS MOOT Defendant Madacy Entertainment LPs Motion to Stay or Dismiss Claims of Plaintiff Sybersound Records, Inc. based on International Comity; and to Stay or Dismiss Claims of Plaintiff Sybersound Records, Inc. based on Forum Non-Conveniens. (see document for complete Order) Court Reporter: None. (sr, ) (Entered: 11/08/2005)
1032005-11-03 NOTICE AND EX PARTE APPLICATION for Order Extending Time for Response to Plaintiff Sybersound Records, Inc.'s First Set of Discovery Requests filed by Defendant UAV Corporation; declaration of Andre Y. Bates in support thereof. Lodged Proposed Order. (gk, ) (Entered: 11/08/2005)
1042005-11-04 OPPOSITION to to Defendant UAV Corporaton's Ex Parte Application for an Order Extending Time for Response to plaintiff Sybersound Records, Inc.'s First Set of Discovery Requests 103 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 11/08/2005)
1052005-11-04 DECLARATION of J. Raymond Warner in Support of Oppositon to Defendant UAV Corporaton's Ex Parte Application for Order Extending Time for Response to Plaintiff Sybersound Records, Inc.'s First Set of Discovery Requests 103 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 11/08/2005)
1062005-11-21 FIRST AMENDED COMPLAINT against Defendants UAV Corporation, d/b/a Karaoke Bay and d/b/a Sterling Entertainment; Madacy Entertainment LP d/b/a Karaoke Party; Audio Stream, Inc. d/b/a Keynote Karaoke; Top Tunes, Inc.; Singing Machine Company, Inc.; BCI Eclipse Company LLC; Douglas Vogt; Richard Vogt; Amos Alter; David Alter; Frank Robertson; Edward Goetz; and Dennis Norden; amending Complaint 1 with Jury Demand, filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 11/23/2005)
1072005-12-05 STIPULATION AND ORDER by Judge John F. Walter Extending Time for Defendants to Respond to Plaintiff's First Amended Complaint 106 ; Defendants BCI Eclipse Company LLC answer or response due 12/22/2005 and Edward Goetz answer or response due 12/22/2005. (gk, ) (Entered: 12/05/2005)
1082005-12-06 AMENDED NOTICE filed by Defendants Madacy Entertainment L.P., Amos Alter and David Alter of Interested Parties 28 . (gk, ) (Entered: 12/07/2005)
1092005-12-07 NOTICE of Interested Parties filed on behalf of Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc.and Dennis Norden. (gk, ) (Entered: 12/08/2005)
1102005-12-06 NOTICE OF MOTION AND MOTION to Stay or Dismiss First Amended Complaint Based on (1) International Comity and (2) Forum Non Conveniens filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter; Motion set for hearing on 1/9/2006 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities; declarations of Hillel Frankel, Amos Alter and David Alter. (gk, ) (Entered: 12/08/2005)
1112005-12-06 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Clain Upon Which Relief Can Be Granted filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter; Motion set for hearing on 1/9/2006 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities. (gk, ) (Entered: 12/08/2005)
1122005-12-06 REQUEST FOR JUDICIAL NOTICE re Motion to Dismiss Under FRCP 12(b)(6) 111 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. (gk, ) (Entered: 12/08/2005)
1132005-12-06 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief May Be Granted filed by Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc. and Dennis Norden. Motion set for hearing on 1/9/2006 at 01:30 PM before Honorable John F. Walter. (gk, ) (Entered: 12/08/2005)
1142005-12-06 REQUEST FOR JUDICIAL NOTICE in Support of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief May Be Granted 113 filed by Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc. and Dennis Norden. (gk, ) (Entered: 12/08/2005)
1152005-12-06 NOTICE OF MOTION AND MOTION to Dismiss Sybersound's First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted filed by Defendants UAV Corporation and Frank Robertson; Motion set for hearing on 1/9/2006 at 01:30 PM before Honorable John F. Walter; memorandum of points and authorities in support thereof. Lodged Proposed Order. (gk, ) (Entered: 12/08/2005)
1162005-12-07 JOINDER in Motions of (1) Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc. and Dennis Norden 113 and (2) Defendants UAV Corporation and Frank Robertson to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 115 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. Motion set for hearing on 1/9/2006 at 01:30 PM before Honorable John F. Walter. (gk, ) (Entered: 12/12/2005)
1172005-12-07 JOINDER in Motion of Defendants Madacy Entertainment LP, Amos Alter and David Alter to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Clain Upon Which Relief Can Be Granted 111 filed by Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc. and Dennis Norden. Motion set for hearing on 1/9/2006 at 01:30 PM before Honorable John F. Walter. (gk, ) (Entered: 12/12/2005)
1182005-12-16 JOINDER in Motion of Defendants UAV Corporation and Frank Robertson to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief May Be Granted 115 filed by Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc., and Dennis Norden. Motion set for hearing on 1/9/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 12/22/2005)
1192005-12-21 OPPOSITION to Motion by Defendants Madacy Entertainment LP, Amos ALter and David Alter to Dismiss First Amended Complaint 111 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 12/29/2005)
1202005-12-21 OPPOSITION to Motion by Defendants UAV Corporation and Frank Robertson to Dismiss First Amended Complaint 115 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 12/29/2005)
1212005-12-21 OPPOSITION to Motion by Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc., and Dennis Norden to Dismiss First Amended Complaint 113 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 12/29/2005)
1222005-12-21 OPPOSITION to Motions by Madacy Entertainment LP, Amos Alter and David Alter to Stay or Dismiss First Amended Complaint Based on (1) International Comity and (2) Forum Non Conveniens 110 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 12/29/2005)
1232005-12-21 DECLARATION of Julian Brew in Support of Opposition to Motion of Defendants Madacy Entertainment LP, Amos Alter and David Alter (1) to Stay or Dismiss Claims of Plaintiff Based on International Comity and (2) to Stay or Dismiss Claims of Plaintiff Based on Forum Non Conveniens 110 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 12/29/2005)
1242005-12-22 PROOF OF SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT Executed by Plaintiff Sybersound Records, Inc., upon (1) Douglas Vogt served on 11/23/2005, answer due 12/13/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon Douglas Vogt. (2) Richard Vogt served on 11/23/2005, answer due 12/13/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon Richard Vogt. (3) Amos Alter served on 11/25/2005, answer due 12/15/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon Amos Alter. (4) David Alter served on 11/23/2005, answer due 12/13/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon David Alter. (5) Frank Robertson served on 11/23/2005, answer due 12/13/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon Frank Robertson. (6) Edward Goetz served on 11/22/2005, answer due 12/22/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon Edward Goetz. (7) Dennis Norden served on 11/28/2005, answer due 12/18/2005. The Summons and First Amended Complaint were served by personal service, by Federal statute, upon Dennis Norden. Due Dilligence declaration not attached. Original Summons not returned. (gk, ) (Entered: 12/30/2005)
1252005-12-28 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Edward Goetz. (gk, ) (Entered: 01/05/2006)
1262005-12-29 REPLY BRIEF in support of MOTION to Dismiss Sybersound First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 115 filed by defendants Audio Stream Inc, Top Tunes Inc, Singing Machine Company Inc. (jp, ) (Entered: 01/09/2006)
1272005-12-29 JOINDER in MOTIONS to Dismiss of Defendnats BCI Eclipse Company LLC and Edward Goetz Directed to the First Amended Complaint of Sybersound Records Inc 115 filed by defendants Dennis Norden, Douglas Vogt, Audio Stream Inc, Top Tunes Inc, Singing Machine Company Inc. Motion set for hearing on 1/23/2006 at 01:30 PM before Judge John F. Walter. (jp, ) (Entered: 01/09/2006)
1282005-12-29 REPLY in support of MOTION to Dismiss Sybersound First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 115 filed by defendants UAV Corporation, Frank Robertson. (jp, ) (Entered: 01/09/2006)
1292006-01-03 REPLY MEMORANDUM in Support of Motion to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Clain Upon Which Relief Can Be Granted 111 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. (gk, ) (Entered: 01/09/2006)
1302005-12-28 NOTICE OF MOTION AND MOTION to Dismiss Directed to the First Amended Complaint of Sybersound Records, Inc. filed by Defendant Edward Goetz; memorandum of points and authorities in support thereof. Motion set for hearing on 1/23/2006 at 01:30 PM before Judge John F. Walter. Lodged Proposed Order. (gk, ) (Entered: 01/09/2006)
1312005-12-28 NOTICE OF MOTION AND MOTION to Dismiss Directed to the First Amended Complaint of Sybersound Records, Inc. filed by Defendant BCI Eclipse Company LLC; memorandum of points and authorities in support thereof. Motion set for hearing on 1/23/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 01/09/2006)
1322005-12-28 REQUEST FOR JUDICIAL NOTICE Accompanying Motion to Dismiss filed by Edward Goetz 130 and Motion to Dismiss by BCI Eclipse Company LLC 131 filed by Defendants Edward Goetz and BCI Eclipse Company LLC. (gk, ) (Entered: 01/09/2006)
1332005-12-28 NOTICE of Joinder in Three Motions to Dismiss Directed to the First Amended COmplaint of Sybersound Records, Inc.: (1) Motion of Defendants Madacy Entertainment LP, Amos Alter and David Alter to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 111 , (2) Motion of Defendants UAV Corporation and Frank Robertson to Dismiss Sybersound's First Amended Complaint Under Rule FRCP 12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted 115 and (3)Motion of Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, The Singing Machine Company, Inc. and Dennis Norden to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief May Be Granted 113 filed by Defendant Edward Goetz. Motion set for hearing on 1/9/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 01/09/2006)
1342005-12-28 DECLARATION of Attorney Howard M. Zelener Authenticating Handleman Company Vendor Policy filed by Defendants BCI Eclipse Company LLC and Edward Goetz. (gk, ) (Entered: 01/09/2006)
1352005-12-28 DECLARATION of Edward D. Goetz Authenticating: (1) Anderson Merchandisers Letter, and (2) Letter Delivered to Anderson in Response by BCI Eclipse Company LLC filed by Defendants BCI Eclipse Company LLC and Edward Goetz. (gk, ) (Entered: 01/09/2006)
1362005-12-28 NOTICE of Joinder in Four Motions to Dismiss Directed to the First Amended Complaint of Sybersound Records, Inc.: (1) Motion to Dismiss by Defendant Edward Goetz, Directed to the First Amended Complaint of Sybersound Records, Inc. 130 , (2) Motion of Defendants Madacy Entertainment LP, Amos Alter and David Alter to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 111 , (3) Motion of Defendants UAV Corporation and Frank Robertson to Dismiss Sybersound's First Amended Complaint Under Rule FRCP 12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted 115 and (4) Motion of Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, The Singing Machine Company, Inc. and Dennis Norden to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief May Be Granted 113 filed by Defendant BCI Eclipse Company LLC. Motion set for hearing on 1/9/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 01/09/2006)
1372006-01-03 JOINDER in Motions of Defendants BCI Eclipse Company, LLC 131 and Edward Goetz to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to STate a Claim Upon Which Relief Can Be Granted 130 filed by Defendants Madacy Entertainment LP, Amos Alter, and David Alter. Motion set for hearing on 1/23/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 01/09/2006)
1382006-01-03 REPLY MEMORANDUM in Support of Motion to Stay or Dismiss Based on (1) International Comity, and (2) Forum Non Conveniens 110 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. (gk, ) (Entered: 01/09/2006)
1392006-01-03 EVIDENTIARY OBJECTIONS to and Motion to Strike Portions of Declaration of Julian Brew Filed in Support of Plaintiff's Opposition to Motion to Stay or Dismiss Based on (1) International Comity, and (2) Forum Non Conveniens 110 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. (gk, ) (Entered: 01/09/2006)
1402006-01-03 REQUEST FOR JUDICIAL NOTICE in Support of Reply Memorandum in Support of Motion to Stay or Dismiss Based on (1) International Comit, and (2) Forum Non Conveniens 110 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. (gk, ) (Entered: 01/09/2006)
1412006-01-03 EVIDENCE in Support of Reply Memorandum in Support of Motion to Stay or Dismiss Based on (1) International Comit, and (2) Forum Non Conveniens 110 filed by Defendants Madacy Entertainment LP, Amos Alter and David Alter. (gk, ) (Entered: 01/09/2006)
1422006-01-04 NOTICE OF ERRATA filed by Defendants Audio Stream, Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc. and Dennis Norden Re: Reply Brief in Support of Motion to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief May Be Granted 113 . (gk, ) (Entered: 01/09/2006)
1432006-01-06 MINUTES (IN CHAMBERS) by Judge John F. Walter: The Court grants with prejudice (1) Defendant Madacy Entertainment LP, Amos Alter and David Alter's Motion to Dismiss First Amended Complaint Under FRCP 12(b)(6) for Failure to State Clain Upon Which Relief Can Be Granted 111 ; (2) Defendants Audio Stream Inc., Top Tunes, Inc., Douglas Vogt, Richard Vogt, The Singing Machine Company, Inc. and Dennis Norden's Motion to Dismiss Plaintiffs' First Amended Complaint for Failure to State a Claim Upon Which Relief May Be Granted 113 , and (3) Defendants UAV Corporation and Frank Robertson's Motion to Dismiss Sybersound's First Amended Complaint Under FRCP 12(b)(6) for Failure to State Claim Upon Which Relief Can Be Granted 115 ; and dismisses with prejudice the entire action as to all Defendants. The Court denies as moot Defendant Madacy Entertainment LP, Amos Alter and David Alter's Motion to Dismiss First Amended Complaint Based on (1) International Comity and (2) Forum Non-Conveniens 110 . Court Reporter: None Present. (gk, ) (Entered: 01/09/2006)
1442006-01-06 JUDGMENT by Judge John F. Walter: Ordered, adjudged and decreed that judgment is entered in this action as follows: (1) Plaintiff Sybersound Records, Inc. ("Plaintiff") shall recover nothing from any of the Defendants; (2) Defendants UAV Corporation, dba Karaoke Bya and dba Sterling Entertainment, Frank Robertson, Madacy Entertainment LP dba Karaoke Party, Amos Alter, David Alter, Audio Stream, Inc. dba Keynote Karaoke, Top Tunes, Inc., Douglas Vogt, Richard Vogt, Singing Machine Company, Inc., Dennis Norden, BCI Eclipse Company LLC, and Edward Goetz (collectively "Defendants") shall have judgment in their favor on Plaintiff's entire action; and (3) Defendants shall recover from Plaintiff their costs of suit in the sum of $____________. (MD JS-6, Case Terminated).(gk, ) (Entered: 01/09/2006)
1452006-01-06 MINUTES (IN CHAMBERS) by Judge John F. Walter: In light of the Court's 1/6/2006 Minute Order dismissing this action with perjudice against all Defendants, the Court hereby denies as moot Defendant Edward Goetz's Motion to Dismiss Directed to the First Amended Complaint of Sybersound Records, Inc. 130 and Defendant BCI Eclipse Company LLC's Motion to Dismiss Directed to the First Amended Complaint of Sybersound Records, Inc. 131 . The hearing calendared for 1/23/2006 is hereby vacated and the matter taken off calendar. Court Reporter: None Present. (gk, ) (Entered: 01/09/2006)
1462006-01-09 OPPOSITION to Motion by Defendant BCI Eclipse Company LLC, Directed to the First Amended Complaint of Sybersound Records, Inc. 131 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 01/13/2006)
1472006-01-09 OPPOSITION to to Motion by Defendant Edward Goetz, Directed to the First Amended Complaint of Sybersound Records, Inc. 130 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 01/13/2006)
1482006-01-09 DECLARATION of J. Raymond Warner in Support of Opposition to Motions by Defendant BCI Eclipse Company LLC 131 and Defendant Edward Goetz Directed to the First Amended Complaint of Sybersound Records, Inc. 130 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 01/13/2006)
1492006-01-09 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Motions by Defendant BCI Eclipse Company LLC 131 , and Defendant Edward Goetz Directed to the First Amended Complaint of Sybersound Records, Inc. 130 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 01/13/2006)
1502006-01-18 STIPULATION Extending Time for Defendants to File Motion for Attorney Fees is DENIED by ORDER of Judge John F. Walter. (jp, ) (Entered: 01/19/2006)
1512006-01-26 EX PARTE APPLICATION for One-Day Extension of Time to File BCI's Motion for Order Reimbursing Costs and Attorney's Fees, Which Was Timely Served But Not Timely Filed filed by Defendant BCI Eclipse Company LLC; memorandum of points and authorities in support thereof; declaration of Robert A. Aronson. Lodged Proposed Order. (gk, ) (Entered: 01/30/2006)
1522006-01-27 ORDER by Judge John F. Walter that the Court hereby grants BCI Eclipse Company LLC's Ex Parte Application for On-Day Extension of Time to File BCI's Motion for Order Reimbursing Costs and Attorneys' Fees 151 , such that the Motion and supporting pleadings previously filed one day late, on 1/24/2006, are deemed timely filed within 15 days after entry of Judgment.(gk, ) (Entered: 01/30/2006)
1532006-01-24 NOTICE OF MOTION AND MOTION for Order Reimbursing Costs and Attorney's Fees to BCI Eclipse Company LLC, and Against Sybersound Records, Inc. filed by Defendant BCI Eclipse Company LLC; memorandum of points and authorities in support thereof. Motion set for hearing on 2/13/2006 at 01:30 PM before Judge John F. Walter. (gk, ) (Entered: 02/01/2006)
1542006-01-24 DECLARATION of Attorney Robert A. Aronson in Support of Motion for Reimbursement of Attorney's Fees and Costs 153 filed by Defendant BCI Eclipse Company LLC. (gk, ) (Entered: 02/01/2006)
1552006-01-24 DECLARATION of Attorney Howard M. Zellener Re: Settlement Attempts, and Some of the Effects of This Lawsuit on the Business of BCI Eclipse Company LLC, in Support of Motion for Reimbursement of Costs and Fees 153 filed by Defendant BCI Eclipse Company LLC. (gk, ) (Entered: 02/01/2006)
1562006-01-24 REQUEST FOR JUDICIAL NOTICE Accompanying Motion for Order Reimbursing Costs and Attorney's Fees Incurred by Defendant BCI Eclipse Company LLC, and Against Sybersound Records, Inc. 153 filed by Defendant BCI Eclipse Company LLC. (gk, ) (Entered: 02/01/2006)
1572006-02-01 NOTICE OF APPEAL to 9th CCA filed by plaintiff Sybersound Records Inc. Appeal of Judgment, 144 Filed On: 1/6/06; Entered On: 1/9/06; Filing fee $255, Paid receipt number 82117. cc: Julian Brew; Robert S. Meloni and Ronald W. Adelman; Charles J. Sanders; Sullivan and Johnson; Robert Aronson; Baker and Hostetler, Los Angeles, California; Baker and Hostetler, Cleveland, Ohio; Lavely and Singer. (ghap, ) Modified on 2/3/2006 (ghap, ). (Entered: 02/02/2006)
1582006-02-01 REPRESENTATION STATEMENT re Appeal to Circuit Court, 157 . (ghap, ) (Entered: 02/02/2006)
1592006-02-01 PROOF OF SERVICE filed by plaintiff Sybersound Records Inc, re Appeal to Circuit Court, 157 . (ghap, ) (Entered: 02/02/2006)
1602006-02-03 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 157 filed by Sybersound Records Inc. (ghap, ) (Entered: 02/03/2006)
1612006-01-30 OPPOSITION to Motion by Defendant BCI Eclipse Company LLC, for Order Reimbursing Costs and Attorney's Fees to Defendant BCI Eclipse Company LLC, and against Sybersound Records, Inc. 153 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 02/06/2006)
1622006-01-30 DECLARATION of J. Raymond Warner in Support of Opposition to Motion by Defendant BCI Eclipse COmpany LLC, for Order Reimbursing Costs and Attorney's Fees to BCI Eclipse Company LLC, and Against Sybersound Records, Inc. 153 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 02/06/2006)
1632006-01-30 DECLARATION of Robert S. Meloni in Opposition to Motion for Attorneys Fees and Costs Under 17 U.S.C. Section 505 by Defendant BCI Eclipse Company LLC 153 filed by Plaintiff Sybersound Records, Inc. (gk, ) (Entered: 02/06/2006)
1642006-02-08 NOTICE That Plaintiff and Appellant does not intend to order transcripts; Statement of Issued to be presented on Appea, filed by plaintiff Sybersound Records Inc. (cbr, ) Modified on 2/9/2006 (cbr, ). (Entered: 02/09/2006)
1652006-02-09 MINUTES (IN CHAMBERS) by Judge John F. Walter: The Court, on its own motion, Resetting Hearing as to Defendant BCI Eclipse Company LLC's Motion for Order Reimbursing Costs and Attorney's Fees to Defendant BCI Eclipse Company LLC and against Sybersound Records, Inc. 153 ; Motion hearing continued to 2/27/2006 at 01:30 PM before Judge John F. Walter.Court Reporter: None Present. (gk, ) (Entered: 02/09/2006)
1662006-02-06 REPLY to opposition of Sybersound Records, Inc. to BCI's MOTION to Tax Costs and MOTION for Attorney Fees 153 ; Memorandum of Points and Authorities; Second Declaration of Howard M Zelener; Second Declaration of Robert A Aronson filed by defendant BCI Eclipse Company LLC. (esa, ) (Entered: 02/10/2006)
1672006-02-21 NOTIFICATION by Circuit Court of Appellate Docket Number 06-55221, 9th CCA regarding Appeal to Circuit Court, 157 filed by Sybersound Records Inc. (cbr, ) (Entered: 02/21/2006)
1682006-02-22 MINUTES IN CHAMBERS before Judge John F. Walter: ORDER DENYING MOTION for Order Reimbursing Costs and Attorney's Fees to BCI Eclipse Company LLC 153 (filed 1/24/06). Although the Court questions the motivation of Plaintiff in filing this action, the Court does not conclude that this action frivolus or that the position taken, albeit inconsistent, was objectively, unreasonable. Accordingly after considering the Fogerty factors, the Court finds that BCI is not entitled to an award of attorney's fees. Accordingly, BCI's Motion for Order Reimbursing Costs and Attorney's Fees is DENIED. IT IS SO ORDERED. Court Reporter: 2/22/06. (jp, ) (Entered: 02/23/2006)
1692007-08-30 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-55221; Record consists of 9 volumes; re Appeal to 9th Circuit Court of Appeals, 157 (lr) (Entered: 08/30/2007)
1702008-04-22 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 157 , CCA # 06-55221. The judgment of District Court is AFFIRMED. Mandate received in this district on 04/22/08. (cbr) (Entered: 04/28/2008)
1712008-04-30 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 9; RE: Appeal Record Sent to USCA (A-26) 169 (car) (Entered: 05/01/2008)