Halper v. Sony/ATV Music Publishing LLC et al
| Tennessee Middle District Court | |
| Judge: | Todd J Campbell |
| Referred: | Joe Brown |
| Case #: | 3:15-cv-00374 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:0101 Copyright Infringement |
| Case Filed: | Apr 06, 2015 |
| Terminated: | Jul 23, 2015 |
| Last checked: Saturday Oct 03, 2015 3:04 PM CDT |
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Defendant
EMI April Music
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Represented By
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Defendant
Gone Gator Music
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Represented By
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Defendant
Method Paperwork LTD.
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Defendant
Sony ATV Songs LLC
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Represented By
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Defendant
Sony/ATV Music Publishing LLC
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Represented By
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Defendant
Stellar Songs LTD.
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Defendant
Universal Polygram International Tunes, Inc.
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Represented By
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Plaintiff
Mark Halper
P.O. Box 431
Telluride, CO 81435 |
| Docket last updated: 08/04/2023 11:59 PM CDT |
| Wednesday, March 09, 2016 | ||
| 35 | 35
order
Order on Motion to Reopen Case
Wed 03/09 3:25 PM
ORDER: While the nature of this action has not changed, i.e., one of copyright infringement, there are several aspects of the plaintiff's amended complaint that were never a part of this action prior to its dismissal. For that reason, the Court finds that it would not be prudent to reopen the instant action. Plaintiff's Motion to Reopen34 , therefore, is hereby DENIED. The plaintiff is free, of course, to further pursue his claims by filing the amended complaint as an independent action, accompanied by either the full filing fee of four hundred dollars ($400) or an application to proceed in forma pauperis. It is so ORDERED. Signed by District Judge Todd J. Campbell on 3/9/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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| Monday, March 07, 2016 | ||
| 34 | 34
motion
Reopen Case
Tue 03/08 9:49 AM
MOTION to Reopen Case by Mark Halper.(hb) |
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Att: 1
Attachment Proposed New Complaint
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| Monday, September 14, 2015 | ||
| 33 | 33
service
Summons Returned Unexecuted
Tue 09/15 3:22 PM
Summons Returned Unexecuted as to Universal Polygram International Tunes, Inc.. (hb) |
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| Thursday, July 23, 2015 | ||
| 32 | 32
misc
Entry of Judgment - DOCKET CLERK
Thu 07/23 12:33 PM
Entry of Judgment re31 Order Dismissing Case. (hb) |
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| 31 | 31
order
Order Dismissing Case
Thu 07/23 12:30 PM
ORDER: Plaintiff has filed a Statement to Proceed with Request to Voluntarily Dismiss Without Prejudice (Docket No.30 ). Defendants have represented that they have no objection to this dismissal without prejudice. Docket No.29 . Accordingly, this action is DISMISSED without prejudice, and the Clerk is directed to close the file. Any pending Motions are denied as moot. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 7/23/2015. (hb) |
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| Wednesday, July 22, 2015 | ||
| 30 | 30
notice
Notice of Voluntary Dismissal
Wed 07/22 10:15 AM
NOTICE of Voluntary Dismissal by Mark Halper. (rd) |
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| Wednesday, July 15, 2015 | ||
| 29 | 29
order
Order
Wed 07/15 5:16 PM
ORDER re telephone conference held on 7/13/2015. Plaintiff should advise the Court on or before August 4, 2015, whether he wishes the Clerk to enter a dismissal without prejudice in this matter. Counsel for the Defendants advised that to the extent he had a right to object to a dismissal without prejudice he had no such objection. From the telephone conference the Magistrate Judge understands that unless the parties are able to make some progress toward resolution, the Plaintiff will notify the Court on or before August 4, 2015, that he wishes his case dismissed without prejudice and that the Court grant his motion to dismiss without prejudice (Docket Entry24 ). It is so ORDERED. Signed by Magistrate Judge Joe Brown on 7/15/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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| Monday, July 13, 2015 | ||
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minutes
Telephone Conference
Mon 07/13 4:46 PM
Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 7/13/2015. Order to enter. (rd) |
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| Tuesday, July 07, 2015 | ||
| 28 | 28
order
Order on Motion for Extension of Time to File Response/Reply Order on Motion for Miscellaneous Relief
Tue 07/07 11:25 AM
ORDER: The Plaintiff attached to the motion for an extension of time certain of his medical records and his date of birth. The medical records have been filed as a separate document UNDER SEAL. The motion for an extension of time is GRANTED and the Plaintiff may have until July 31, 2015, to file a response to the motion to dismiss (Docket Entry22 ). The motion for permission to use email address for communication is likewise GRANTED and the email address shown for the Plaintiff will be entered by the Clerk on the docket sheet. The Defendants have raised in their motion to dismiss the fact that the Plaintiff does not hold a copyright. At some point the Plaintiff will need to respond to this either with an amended complaint or a legal argument. In order to be sure what the Plaintiff is actually seeking in this matter and to see what the Defendants' response is, a telephone conference with the parties is set for 4:00 p.m. CST, Monday, July 13, 2015. It is so ORDERED. Signed by Magistrate Judge Joe Brown on 7/6/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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| Thursday, July 02, 2015 | ||
| 27 | 27
motion
Miscellaneous Relief
Mon 07/06 5:20 PM
MOTION for permission to use email address for communication by Mark Halper. (af) |
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| 26 | 26
misc
Sealed Document
Mon 07/06 5:18 PM
Sealed Exhibit filed by Mark Halper. (af) |
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| 25 | 25
motion
Extension of Time to File Response/Reply
Mon 07/06 5:14 PM
MOTION for Extension of Time to File Response as to22 MOTION to Dismiss for Failure to State a Claim filed by Mark Halper. (af) (Main Document 25 replaced on 7/6/2015) (af) |
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| 24 | 24
motion
Dismiss
Thu 07/02 4:24 PM
Pro Se Plaintiff's MOTION to Dismiss Without Prejudice by Mark Halper. (hb) |
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| Wednesday, June 17, 2015 | ||
| 23 | 23
misc
Declaration
Wed 06/17 3:30 PM
DECLARATION of David J. Przygoda filed by EMI April Music, Gone Gator Music, Sony ATV Songs LLC, Sony/ATV Music Publishing LLC, Universal Polygram International Tunes, Inc. re:22 MOTION to Dismiss for Failure to State a Claim .(Warnock, Timothy) |
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Att: 1
Exhibit 1 - Letter from D. Przygoda to M. Lehew dated June 4, 2015
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| 22 | 22
motion
Dismiss for Failure to State a Claim
Wed 06/17 3:28 PM
MOTION to Dismiss for Failure to State a Claim by EMI April Music, Gone Gator Music, Sony ATV Songs LLC, Sony/ATV Music Publishing LLC, Universal Polygram International Tunes, Inc..(Warnock, Timothy) |
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Att: 1
Attachment unreported cases
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misc
Docket Annotation
Wed 06/17 10:51 AM
TN BAR STATUS for Timothy L. Warnock and Elizabeth O. Gonser verified as active. (hb) |
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| Tuesday, June 16, 2015 | ||
| 21 | 21
notice
Notice of Appearance
Tue 06/16 3:31 PM
NOTICE of Appearance by Elizabeth O. Gonser on behalf of EMI April Music, Gone Gator Music, Sony ATV Songs LLC, Sony/ATV Music Publishing LLC, Universal Polygram International Tunes, Inc. (Gonser, Elizabeth) |
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| 20 | 20
notice
Notice of Appearance
Tue 06/16 3:30 PM
NOTICE of Appearance by Timothy L. Warnock on behalf of EMI April Music, Gone Gator Music, Sony ATV Songs LLC, Sony/ATV Music Publishing LLC, Universal Polygram International Tunes, Inc. (Warnock, Timothy) |
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| Friday, June 12, 2015 | ||
| 19 | 19
service
Summons Returned Executed
Mon 06/15 11:06 AM
SUMMONS returned executed as to Sony/ATV Music Publishing LLC served on 5/27/2015. (dt) |
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| 18 | 18
service
Summons Returned Unexecuted
Mon 06/15 11:04 AM
Summons Returned Unexecuted as to Stellar Songs LTD.. (dt) |
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| 17 | 17
service
Summons Returned Executed
Mon 06/15 10:41 AM
SUMMONS returned executed as to Sony/ATV Music Publishing LLC served on 5/27/2015. (dt) |
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| 16 | 16
service
Summons Returned Executed
Mon 06/15 10:39 AM
SUMMONS returned executed as to EMI April Music served on 5/27/2015. (dt) |
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| 15 | 15
service
Summons Returned Unexecuted
Mon 06/15 10:33 AM
Summons Returned Unexecuted as to Gone Gator Music. (dt) |
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| 14 | 14
service
Summons Returned Executed
Mon 06/15 10:32 AM
SUMMONS returned executed Sony ATV Songs LLC served on 5/27/2015. (dt) |
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| 13 | 13
service
Summons Returned Unexecuted
Mon 06/15 10:30 AM
Summons Returned Unexecuted as to Stellar Songs LTD. (dt) |
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| 12 | 12
service
Summons Returned Unexecuted
Mon 06/15 10:29 AM
Summons Returned Unexecuted as to Method Paperwork LTD. (dt) |
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| 11 | 11
service
Summons Returned Unexecuted
Mon 06/15 10:23 AM
Summons Returned Unexecuted as to Method Paperwork LTD.. (dt) |
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| 10 | 10
service
Summons Returned Unexecuted
Mon 06/15 10:21 AM
Summons Returned Unexecuted as to Gone Gator Music. (dt) |
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| 9 | 9
service
Summons Returned Executed
Mon 06/15 10:17 AM
SUMMONS returned executed as to EMI April Music served on 5/27/2015. (dt) |
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| 8 | 8
service
Summons Returned Executed
Mon 06/15 10:15 AM
SUMMONS returned executed as to Sony ATV Songs LLC served on 6/1/2015. (dt) |
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| 7 | 7
service
Summons Returned Executed
Mon 06/15 10:11 AM
SUMMONS returned executed as to Gone Gator Music served on 6/4/2015. (dt) |
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| Thursday, April 30, 2015 | ||
| 6 | 6
service
Green Card Returned
Fri 05/01 10:42 AM
GREEN CARD RETURNED Executed as to3 Order. (hb) |
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| Monday, April 27, 2015 | ||
| 5 | 5
service
Summons Issued
Mon 04/27 5:01 PM
Summons issued as to EMI April Music, Gone Gator Music, Method Paperwork LTD., Sony ATV Songs LLC, Sony/ATV Music Publishing LLC, Stellar Songs LTD., Universal Polygram International Tunes, Inc. Summons fwd to USMS service this date for service. (hb) |
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| Wednesday, April 08, 2015 | ||
| 4 | 4
misc
Certified Mail Receipt
Wed 04/08 5:00 PM
CERTIFIED MAIL RECEIPT re3 Order. (hb) |
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| 3 | 3
order
Order Referring Case to Magistrate Judge ~Util - Terminate Motions
Wed 04/08 4:34 PM
ORDER: The Court has reviewed the complaint and finds that it is not facially frivolous. Accordingly, the Clerk is directed to ISSUE PROCESS to the defendants. The United States Marshal is directed to SERVE PROCESS on the defendants. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case, to dispose or recommend disposition of any pre-trial motions under 28 U.S.C. �� 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b), Fed.R.Civ.P., and the Local Rules of Court. It is so ORDERED. Signed by District Judge Todd J. Campbell on 4/8/2015. (xc:Pro se party by regular with service packet and order only certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 4/8/2015 (hb) |
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| Tuesday, April 07, 2015 | ||
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misc
Docket Annotation
Tue 04/07 2:05 PM
NOTICE to pro se party regarding filing of new case (docket sheet & pleading form with certificate of service included). (hb) |
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| Monday, April 06, 2015 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Tue 04/07 2:02 PM
APPLICATION for Leave to Proceed In Forma Pauperis by Mark Halper. (hb) |
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| 1 | 1
cmp
Complaint
Tue 04/07 1:58 PM
COMPLAINT against EMI April Music, Gone Gator Music, Method Paperwork LTD., Sony ATV Songs LLC, Sony/ATV Music Publishing LLC, Stellar Songs LTD., Universal Polygram International Tunes, Inc., filed by Mark Halper.(hb) |
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Att: 1
Attachment Supporting Documents,
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Att: 2
Attachment Envelope
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