New York Southern District Court
Judge:Katherine Polk Failla
Case #: 1:16-cv-01566
Nature of Suit820 Property Rights - Copyrights
Cause17:101 Copyright Infringement
Case Filed:Mar 01, 2016
Terminated:Jul 12, 2016
Last checked: Sunday Aug 28, 2016 5:26 AM EDT
Defendant
Google Inc.
Represented By
A. John P. Mancini
Mayer Brown Llp (ny)
contact info
Allison Levine Stillman
Mayer Brown Llp (ny)
contact info
Plaintiff
John K. Emanuele
Represented By
Richard M Garbarini
Garbarini Fitzgerald P.C.
contact info
Plaintiff
Yesh Music, LLC
Represented By
Richard M Garbarini
Garbarini Fitzgerald P.C.
contact info


Docket last updated: 11 hours ago
Tuesday, July 12, 2016
22 22 misc AO 121 Form Copyright - Case Terminated - Submitted Tue 07/12 10:52 AM
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 7/12/2016 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (tn)
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21 21 order Stipulation and Order of Voluntary Dismissal Tue 07/12 10:39 AM
STIPULATION OF DISMISSAL WITH PREJUDICE: that this action, and all claims and counterclaims asserted by the parties herein, be and they hereby are DISMISSED WITH PREJUDICE. (Signed by Judge Katherine Polk Failla on 7/12/2016) (tn)
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utility Terminate Transcript Deadlines Wed 08/10 10:14 AM
Terminate Transcript Deadlines (tn)
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Monday, July 11, 2016
20 20 misc Stipulation of Voluntary Dismissal Mon 07/11 12:11 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Google Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Google Inc..(Mancini, A.)
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Wednesday, June 29, 2016
19 19 order Order ~Util - Set Hearings Wed 06/29 6:08 PM
ORDER: Per the parties' request, the conference previously set for Friday, July 1, 2016, will be adjourned to July 13, 2016, at 3:00 p.m. Absent changes to the case obviating the need for a conference, the Court expects to see the parties on July 13. (Status Conference set for 7/13/2016 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/29/2016) (tn)
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Friday, May 27, 2016
18 18 order Order ~Util - Set Hearings Fri 05/27 12:56 PM
ORDER. On May 26, 2016, the Court received a request to adjourn the conference currently set in this matter for May 31, 2016. Accordingly, the conference will be adjourned to Friday, July 1, 2016, at 9:00 a.m. No further adjournments will be granted absent exceptional circumstances. So ordered. (Status Conference set for 7/1/2016 at 09:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/27/2016) (rjm)
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Friday, May 13, 2016
17 17 order Order ~Util - Set Hearings Fri 05/13 1:57 PM
ORDER: Pursuant to the parties' request, a conference will be set in this matter on May 31, 2016, at 4:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10024. All deadlines will be adjourned pending the May 31 conference. (Status Conference set for 5/31/2016 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/13/2016) (kko)
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Wednesday, May 11, 2016
16 16 misc Notice of Filing Transcript Wed 05/11 7:36 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/28/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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15 15 misc Transcript Wed 05/11 7:36 PM
TRANSCRIPT of Proceedings re: conference held on 4/28/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2016. Redacted Transcript Deadline set for 6/16/2016. Release of Transcript Restriction set for 8/12/2016.(McGuirk, Kelly)
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Thursday, April 28, 2016
minutes Pre-Motion Conference Mon 05/02 10:45 AM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 4/28/2016. (Court Reporter Sonya Huggins) (Lopez, Jose)
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Monday, April 25, 2016
14 14 respm Response to Motion Mon 04/25 2:52 PM
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Richard Garbarini dated 4/25/2016 re:12 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from A. John P. Mancini dated April 13, 2016. . Document filed by John K. Emanuele, Yesh Music, LLC. (Garbarini, Richard)
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Tuesday, April 19, 2016
13 13 order Order on Motion for Conference Tue 04/19 2:36 PM
ORDER granting12 Letter Motion for Conference. Defendant's application for a premotion conference is GRANTED. The parties are directed to appear for a conference on Defendant's contemplated motion to dismiss or strike on Thursday, April 28, 2016, at 2:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Pre-Motion Conference set for 4/28/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/19/2016) (cf)
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Wednesday, April 13, 2016
12 12 motion Conference Wed 04/13 1:14 PM
LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from A. John P. Mancini dated April 13, 2016. Document filed by Google Inc..(Mancini, A.)
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Thursday, March 17, 2016
11 11 order Stipulation and Order ~Util - Set Deadlines Thu 03/17 6:08 PM
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Yesh Music, LLC, and John K. Emanuele, ("Plaintiff"), and counsel for Defendant Google Inc. ("Defendant"), that the time for Defendant to answer, move, or otherwise respond to Plaintiff's complaint in the above-captioned case is extended to and including April 13, 2016. SO ORDERED. Google Inc. answer due 4/13/2016. (Signed by Judge Katherine Polk Failla on 3/17/2016) (kko)
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10 10 notice Notice of Appearance Thu 03/17 1:15 PM
NOTICE OF APPEARANCE by Allison Levine Stillman on behalf of Google Inc.. (Stillman, Allison)
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9 9 notice Notice of Appearance Thu 03/17 1:13 PM
NOTICE OF APPEARANCE by A. John P. Mancini on behalf of Google Inc.. (Mancini, A.)
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Wednesday, March 09, 2016
8 8 order Order for Initial Pretrial Conference Wed 03/09 2:53 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/2/2016 at 03:00 PM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla, and as further set forth in this Order. (Signed by Judge Katherine Polk Failla on 3/9/2016) (rjm)
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Thursday, March 03, 2016
7 7 service Summons Returned Executed Thu 03/03 4:31 PM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Google Inc. served on 3/2/2016, answer due 3/23/2016. Service was accepted by Jessica. Document filed by Yesh Music, LLC; John K. Emanuele. (Garbarini, Richard)
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Wednesday, March 02, 2016
6 6 misc AO 121 Form Copyright - Case Opening - Submitted Wed 03/02 11:18 AM
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pc)
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5 5 service Summons Issued Wed 03/02 11:16 AM
ELECTRONIC SUMMONS ISSUED as to Google Inc.. (pc)
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misc Notice to Attorney Regarding Party Modification Wed 03/02 11:04 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard M Garbarini. The party information for the following party/parties has been modified: John K. Emanuele and Yesh Music, LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Wed 03/02 11:07 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard M Garbarini to RE-FILE Document No. 4 Civil Cover Sheet. The filing is deficient for the following reason(s): Class action box was not checked off. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 03/02 11:10 AM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard M Garbarini. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code New York. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State. (pc)
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notice Case Opening Initial Assignment Notice Wed 03/02 11:25 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc)
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utility Case Designation Wed 03/02 11:27 AM
Magistrate Judge Barbara C. Moses is so designated. (pc)
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utility Case Designated ECF Wed 03/02 11:28 AM
Case Designated ECF. (pc)
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Tuesday, March 01, 2016
4 4 misc Civil Cover Sheet Tue 03/01 3:21 PM
CIVIL COVER SHEET filed. (Garbarini, Richard)
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3 3 misc AO 121 Form Copyright - Notice of Submission by Attorney Tue 03/01 3:02 PM
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Garbarini, Richard)
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Att: 1 Exhibit Supplement copyright
2 2 service Request for Issuance of Summons Tue 03/01 2:42 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Google Inc., re:1 Complaint,. Document filed by John K. Emanuele, Yesh Music, LLC. (Garbarini, Richard)
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1 1 cmp Complaint Tue 03/01 2:32 PM
COMPLAINT against Google Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12015233)Document filed by Yesh Music, LLC, John K. Emanuele.(Garbarini, Richard)
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Att: 1 Exhibit A Part 1,
Att: 2 Exhibit A Part 2,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E,
Att: 7 Exhibit F,
Att: 8 Exhibit G,
Att: 9 Exhibit H