Dymtrow v. Swift et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:07-cv-11277-RJS
District Judge Richard J. Sullivan, presiding
Tags
District Judge Richard J. Sullivan
Last Updated December 27, 2023 at 12:37 PM EST (2.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.

Last Edited by Aaron Greenspan

Parties
No Logo Daniel Dymtrow, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Vivek V. Gupta +1 917 686 4954 +1 646 356 6901 guptaesq@gmail.com

Represented by Norris, McLaughlin & Marcus, PA

Name Phone Fax E-Mail
Space Fernando M. Pinguelo +1 908 252 4128 +1 908 722 0755 fmpinguelo@nmmlaw.com
v.
No Logo Andrea Swift, Defendant

Represented by Mitchell Silberberg & Knupp LLP

Name Phone Fax E-Mail
Space Paul V. LiCalsi +1 917 546 7702 +1 202 509 7239 pvl@msk.com
Space Howard Harvey Weller +1 917 546 7707 +1 917 546 7677 hhw@msk.com
No Logo Scott Swift, Defendant

Represented by Mitchell Silberberg & Knupp LLP

Name Phone Fax E-Mail
Space Paul V. LiCalsi +1 917 546 7702 +1 202 509 7239 pvl@msk.com
Space Howard Harvey Weller +1 917 546 7707 +1 917 546 7677 hhw@msk.com
Swift, Taylor Swift, Taylor, Defendant
Officially listed as "Taylor Swift"

Represented by Mitchell Silberberg & Knupp LLP

Name Phone Fax E-Mail
Space Paul V. LiCalsi +1 917 546 7702 +1 202 509 7239 pvl@msk.com
Space Howard Harvey Weller +1 917 546 7707 +1 917 546 7677 hhw@msk.com
Attributes
Office Foley Square
Filed 12/14/2007
Jury Demand Plaintiff
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Other Contract
Jurisdiction Diversity
Disposition
County XX Out of State
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag ECF
Timeline
  Entries (96) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 79 Filed: 11/17/2021, Entered: 11/17/2021 Internet Citation
INTERNET CITATION NOTE: Material from decision with Internet citation re: [61] Order, Set Deadlines/Hearings. (sjo)
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Legal Document (Payment Possibly Required) 78 Filed: 9/12/2011, Entered: 9/13/2011 Endorsed LetterCourt Filing
ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Fernando M. Pinguelo dated 9/9/2011 re: Counsel for Plaintiff requests a two week extension of time to restore the action to the active docket from 9/12/2011 to 9/26/2011. ENDORSEMENT: The request for a two-week extension in which to apply to re-open this matter is granted. no further requests for extension shall be granted absent truly compelling circumstances. So Ordered. (Signed by Judge Richard J. Sullivan on 9/12/2011) (js)
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Legal Document (Payment Possibly Required) 77 Filed: 9/12/2011, Entered: 9/12/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Fernando M. Pinguelo dated 9/9/2011 re: Counsel for the plaintiff requests a two week extension making the deadline September 26 to enable counsel to collect the remaining signatures. ENDORSEMENT: The request for a two-week extension in which to apply to re-open this matter is granted. No further requests for extensions shall be granted absent truly compelling circumstances. (Signed by Judge Richard J. Sullivan on 9/12/2011) (ft)
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Legal Document (Payment Possibly Required) 76 Filed: 8/26/2011, Entered: 8/29/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Fernando M. Pinguelo dated 8/26/2011 re: Counsel for plaintiff requests a 2 week extension of the present August 29th deadline until September 12, 2011 to restore the case to the active docket. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 8/26/11) (js)
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Legal Document (Payment Possibly Required) 75 Filed: 7/28/2011, Entered: 7/28/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Howard H. Weller dated 7/27/2011 re: Counsel respectfully request that the Court extend, for one more month, the present deadline of July 29, 2011 (to August 29, 2011) to restore this case to the active calendar. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 7/27/2011) (jfe)
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Endorsed Letter with OCR 74 Filed: 6/24/2011, Entered: 6/24/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Howard H. Weller dated 6/23/2011 re: I am counsel to defendants Taylor Swift, Scott Swift and Andrea Swift in the above referenced action. We are pleased to report that counsel for the parties continue to work towards finalizing a written resolution to this matter and expect to present it for final client comment and approval. We jointly respectfully request that he Court extend, for another 30 days, the present deadline of June 29, 2011 (to July 29, 2011) to restore this case to the active calendar. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/23/2011) (mbe)
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Legal Document (Payment Possibly Required) 73 Filed: 5/27/2011, Entered: 5/27/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Fernando Pinguelo dated 5/26/11 re: Request for an additional 30 days to finalize settlement. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 5/26/11) (cd)
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Legal Document (Payment Possibly Required) 72 Filed: 4/25/2011, Entered: 4/26/2011 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Fernsndo M. Pinguelo dated April 25, 2011 re: I am writing on behalf of my client Plaintiff Dan Dymtrow and on behalf of counsel for Defendants. Pursuant to Your Honor's Order dated March 31, 2011, the above-referenced action has been dismissed, subject to restoration to the active calendar upon application by letter to the Court within thirty (30) days. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/25/2011) (jmi)
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Legal Document (Payment Possibly Required) 71 Filed: 3/31/2011, Entered: 4/1/2011 Order of DismissalCourt Filing
ORDER: Accordingly, IT IS HEREBY ORDERED that this case is dismissed with prejudice but without costs. However, within thirty (30) days ofthe date of this Order, any party may apply by letter to restore this action to the calendar of the undersigned. Upon receipt of such a letter, this action will be restored. (Signed by Judge Richard J. Sullivan on 3/31/2011) (jfe)
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Legal Document (Payment Possibly Required) 70 Filed: 1/28/2011, Entered: 1/28/2011 Case Management PlanCourt Filing
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. ยง 636(c). No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. Initial disclosures pursuant to Rule 26(a)(1) shall be completed no later than March 22, 2010. All fact discovery is to be completed no later than April 5, 2011. Initial requests for production of documents shall be served by March 31, 2010. Initial set of Interrogatories shall be served by March 31, 2010. Depositions shall be completed by April 5, 2011. Requests to Admit shall be served no later than May 28, 2010. Experts of Plaintiff: May 23, 2011. Expert(s) of Defendants: June 28, 2011. All discovery, including expert discovery and depositions of experts, shall be completed by July 19, 2011. The Court will conduct a post-discovery conference on 08/05/2011 at 11:00 a.m. If either party contemplates a motion, the post-discovery conference will function as a pre-motion conference. Pre-motion letters are to be submitted by 07/19/2011. Referral to a Magistrate Judge for settlement discussions. The parties are to contact Magistrate Judge Pitman by April 20, 2010. Parties have conferred and their present best estimate of the length of trial is one to two weeks. The parties are advised that no further requests for extension shall be granted absent truly compelling circumstances. SO ORDERED. Deposition due by 4/5/2011. Discovery due by 7/19/2011. Status Conference set for 8/5/2011 at 11:00 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 1/27/2011) (lnl)
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Blank 69 Filed: 11/5/2010, Entered: 11/8/2010 transcriptCourt Filing
TRANSCRIPT of proceedings held on 10/12/2010 before Judge Richard J. Sullivan. (dnd)
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Legal Document (Payment Possibly Required) 68 Filed: 11/4/2010, Entered: 11/4/2010 OrderCourt Filing
ORDER Plaintiff's discovery requests pertaining to the 2007 Contract are HEREBY DENIED. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/03/10) (jmi)
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Legal Document (Payment Possibly Required) 67 Filed: 11/4/2010, Entered: 11/4/2010 OrderCourt Filing
ORDER sanctions will not be imposed by the Court. Plaintiffs counsel is ordered to fully comply with the Court's Individual Practices, ECF Rules, and any other applicable rules in his future conduct before the Court. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/03/10) (jmi)
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Legal Document (Payment Possibly Required) 66 Filed: 11/2/2010, Entered: 11/2/2010 Declaration
DECLARATION of Howard H. Weller re: [61] Order, Set Deadlines/Hearings,,,,. Document filed by Andrea Swift, Scott Swift, Taylor Swift. (Weller, Howard)
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Legal Document (Payment Possibly Required) 65 Filed: 10/26/2010, Entered: 10/26/2010 Affidavit
AFFIDAVIT of Fernando M. Pinguelo re: [61] Order, Set Deadlines/Hearings,,,,. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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Legal Document (Payment Possibly Required) 64 Filed: 10/19/2010, Entered: 10/20/2010 Case Management PlanCourt Filing
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. section 636(c). All fact discovery is to be completed no later than 2/4/11. Depositions shall be completed by 2/4/11; All discovery, including expert discovery and depositions of experts, shall be completed by 5/20/11; The Court will conduct a post-discovery conference on 6/3/11 at 9:30 a.m. If either party contemplates a motion, the post-discovery conference will function as a pre-motion conference. Pre-motion letters are to be submitted by 5/20/11; (Deposition due by 5/20/2011. Discovery due by 5/20/2011). Referral to a Magistrate Judge for settlement discussions. The parties are to contact Magistrate Judge Pitman by April 20, 2010. Parties have conferred and their present best estimate of the length of trial is one to two weeks. Pre-Motion Conference set for 6/3/2011 at 09:30 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 10/19/10) (djc)
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Blank 63 Filed: 10/19/2010, Entered: 10/20/2010 transcriptCourt Filing
TRANSCRIPT of proceedings held on October 12, 2010 3:00 p.m. before Judge Richard J. Sullivan. (ajc)
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Order with OCR 61 Filed: 10/14/2010, Entered: 10/14/2010 OrderCourt Filing
ORDER. IT IS HEREBY ORDERED THAT by no later than October 26, 2010, Plaintiff's counsel shall show cause why sanctions should not be imposed on him for violating Rules 18.1 and 18.2 of the Southern District of New York Electronic Case Filing Rules and Instructions, and this Court's Individual Practices. In addition to providing an explanation for his conduct, Plaintiff's counsel must describe with particularity the relative timing of his submissions and his contacts with the media. Defendant's response, if any, is due by November 2, 2010. (Responses due by 11/2/2010); (Signed by Judge Richard J. Sullivan on 10/14/10) (djc) Modified on 10/15/2010 (djc).
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Legal Document (Payment Possibly Required) 62 Filed: 10/13/2010, Entered: 10/14/2010 OrderCourt Filing
ORDER. As stated on the record at the October 12, 2010 conference, IT IS HEREBY ORDERED THAT Defendant will produce the following documents to Plaintiff: 1. The contract between Taylor Swift and Big Machine Records, LLC (the "BMR Contract") believed to be signed in March 2006 and drafts of the same. 2. Documents relating to the negotiations undertaken by Taylor Swift or on her behalf in relation to the BMR Contract up to and including the date of execution of the contract. IT IS FURTHER ORDERED THAT Defendant will submit copies of the 2004 publishing agreement between Taylor Swift and Sony/ATV and the 2008 publishing agreement between the same parties for in camera review to the Court no later than October 19, 2010. The Court reserves judgment on Plaintiff's discovery request of the 2008 Sony/ATV publishing agreement and related documents. IT IS FURTHER ORDERED THAT Plaintiff will produce to Defendant all documents for the years 2002-2006 reflecting (i) any compensation Plaintiff received from persons employing Plaintiff in any managerial capacity or for whom he provided managerial services, and (ii) the amounts of time spent by Plaintiff in the course of providing these services for each person. IT IS FURTHER ORDERED THAT all other requests for Court intervention in the discovery disputes set out in the parties' joint letter dated October 6, 2010 are DENIED. IT IS FURTHER ORDERED THAT the parties will submit a joint proposed discovery schedule to the Court no later than October 19, 2010.(Signed by Judge Richard J. Sullivan on 10/13/10) (djc) Modified on 10/15/2010 (djc).
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Legal Document (Payment Possibly Required) 59 Filed: 10/8/2010, Entered: 10/8/2010 OrderCourt Filing
ORDER Oral Argument re discovery disputes set for 10/12/2010 at 03:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 10/7/10) (cd)
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Legal Document (Payment Possibly Required) 60 Filed: 10/7/2010, Entered: 10/8/2010 Endorsed LetterCourt Filing
ENDORSED LETTER: addressed to Judge Richard J. Sullivan from fernando M. Pinguelo dated 10/7/2010 re: Counsel for plaintiff requests that Your Honor order the removal of Document Number 58 titled "Status Report (Discovery Dispute)" from the ECF Case Docket so that the contents cannot be viewed by the public through the Pacer System. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 10/7/2010) (js)
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Blank  Filed: None, Entered: None Note to Attorney Regarding the Filing of Letters - Error
***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [58] HAS BEEN REJECTED. Note to Attorney Fernando M. Pinguelo : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
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Blank  Filed: None, Entered: None Note Regarding Stricken Document
***STRICKEN DOCUMENT. Deleted document number [58] from the case record. The document was stricken from this case pursuant to [60] Endorsed Letter,. (js)
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Legal Document (Payment Possibly Required) 57 Filed: 9/8/2010, Entered: 9/8/2010 OrderCourt Filing
ORDER. The Court is in receipt of two letters from Plaintiff's counsel seeking additional pages for a joint letter the parties intend to submit regarding a discovery dispute. The request is GRANTED. The parties may submit a single, fifteen-page joint letter concisely setting forth their discovery disputes. (Signed by Judge Richard J. Sullivan on 9/7/10) (djc)
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Blank  Filed: None, Entered: None settlement conference
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement (Follow up) Telephone Conference held on 7/19/2010; settlement unsuccessful. (mro)
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Legal Document (Payment Possibly Required) 56 Filed: 6/25/2010, Entered: 6/26/2010 Scheduling OrderCourt Filing
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). Plaintiff: This case is to be tried to a jury. Defendants: This case is not be be tried to a jury. All fact discovery due by 10/15/2010. Deposition due by 10/15/2010. All discovery, including expert discovery and depositions of experts, due by 1/21/2011. Post-Discovery conference set for 2/11/2011 at 11:00 AM before Judge Richard J. Sullivan. Pre-motion letters are to be submitted by 1/28/2011. Referral to a Magistrate Judge for settlement discussions. The parties are to contact Magistrate Judge Pitman by 4/20/2010. (Signed by Judge Richard J. Sullivan on 6/25/2010) (tro)
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Blank  Filed: None, Entered: None settlement conference
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 5/4/2010; settlement unsuccessful. A follow up Telephone Conference set for 7/19/2010 at 04:30 PM before Magistrate Judge Henry B. Pitman. (mro)
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Blank  Filed: None, Entered: None Telephone Conference
Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Settlement Conference held on 4/30/2010. Settlement conference set for 5/4/10 at 2pm. (mro)
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Blank 55 Filed: 3/19/2010, Entered: 3/19/2010 transcriptCourt Filing
TRANSCRIPT of proceedings held on March 1, 2010 at 11:00 am before Judge Richard J. Sullivan. (eef)
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Legal Document (Payment Possibly Required) 54 Filed: 3/18/2010, Entered: 3/18/2010 Certificate of Service Other
CERTIFICATE OF SERVICE of Answer to Amended Complaint served on Daniel Dymtrow on 3/18/10. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Weller, Howard)
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Legal Document (Payment Possibly Required) 53 Filed: 3/18/2010, Entered: 3/18/2010 Answer to amended complaint
ANSWER to Amended Complaint. Document filed by Taylor Swift, Scott Swift, Andrea Swift. Related document: [25] Amended Complaint filed by Daniel Dymtrow.(Weller, Howard)
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Legal Document (Payment Possibly Required) 52 Filed: 3/17/2010, Entered: 3/18/2010 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: The parties shall contact Judge Pitman no later than April 20, 2010 to arrange a settlement conference. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard J. Sullivan on 3/17/2010) (jfe)
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Legal Document (Payment Possibly Required) 51 Filed: 3/17/2010, Entered: 3/18/2010 Case Management PlanCourt Filing
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge. Plaintiff: This case is to be tried to a jury. Defendants: This case is not to be tried by a jury. Initial disclosures pursuant to Rule 26(a)(1) shall be completed no later than 3/22/2010. All fact discovery is to be completed no later than 7/16/2010. Initial requests for production of documents shall be served by 3/31/2010. Initial set of interrogatories shall be served by 3/31/2010. Depositions shall be completed by 7/16/2010. Requests to Admit shall be served no later than 5/28/2010. Expert of plaintiff: 9/1/2010. Expert(s) of defendants: 10/1/2010. All discovery including expert discovery and deposition of expert shall be completed by 10/8/2010. The Court will conduct a post-discovery conference on 10/27/2010 at 11:00 a.m. Pre-motion letters are to be submitted by 10/11/2010. Referral to a Magistrate Judge for settlement discussions. The parties are to contact MJ Pitman by 4/20/2010. Parties have conferred and their present best estimate of the length of trial is one to two weeks. (Signed by Judge Richard J. Sullivan on 3/17/2010) (jfe)
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Blank  Filed: None, Entered: None Telephone Conference
Minute Entry for proceedings held before Judge Richard J. Sullivan: Telephone Conference held on 3/17/2010. Parties present on telephone and court reporter present. The entered the parties Case Management Plan as modified. (mro)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Status Report due by 4/20/2010. (jfe)
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Legal Document (Payment Possibly Required) 50 Filed: 3/16/2010, Entered: 3/16/2010 OrderCourt Filing
ORDER that the parties shall appear for a telephone conference on 3/17/10 at 11:00 a.m. to discuss the proposed case management plan and whether meditation or settlement discussions would be helpful at this juncture. The parties shall join together on a common line and then call Chambers at (212) 805-0264. (Signed by Judge Richard J. Sullivan on 3/15/10) (dle)
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Legal Document (Payment Possibly Required) 49 Filed: 3/12/2010, Entered: 3/12/2010 Stipulation and OrderCourt Filing
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time within which defendants Taylor Swift, Scott Swift and Andrea Swift shall answer the Amended Complaint dated December 22, 2008 is extended to and including March 18, 2010. (Signed by Judge Richard J. Sullivan on 3/12/2010) (jfe)
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Legal Document (Payment Possibly Required) 48 Filed: 3/2/2010, Entered: 3/2/2010 Order on Motion to DismissCourt Filing
ORDER: IT IS HEREBY ORDERED THAT Defendants Taylor Swift, Scott Swift, and Andrea Swifts' motion to dismiss the first cause of action for unjust enrichment is DENIED. IT IS FURTHER ORDERED THAT Defendants' motions to dismiss Claims Two, Three, Four, Five, Six, and Seven of the Amended Complaint are GRANTED. IT IS FURTHER ORDERED THAT the remaining parties shall submit a joint case management plan and a status letter no later than March 15, 2010, a template of which can be found on the Court's website.. (Signed by Judge Richard J. Sullivan on 3/1/2010) (jfe)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines: Status Report due by 3/15/2010. (jfe)
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Legal Document (Payment Possibly Required) 47 Filed: 2/24/2010, Entered: 2/24/2010 Notice of Appearance
NOTICE OF APPEARANCE by Richard Jack Schachter on behalf of Daniel Dymtrow (Schachter, Richard)
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Order with OCR 46 Filed: 2/17/2010, Entered: 2/18/2010 OrderCourt Filing
ORDER, Oral Argument set for 3/1/2010 at 11:00 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 2/16/10) (cd)
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Legal Document (Payment Possibly Required) 45 Filed: 6/3/2009, Entered: 6/3/2009 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [36] FIRST MOTION to Dismiss The Amended Complaint. . Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Djordjevich, Christina)
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Legal Document (Payment Possibly Required) 44 Filed: 6/3/2009, Entered: 6/3/2009 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [32] MOTION to Dismiss Amended Complaint.. Document filed by Scott Borchetta, Big Machine Records, LLC. (Davis, Jonathan)
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Legal Document (Payment Possibly Required) 43 Filed: 5/15/2009, Entered: 5/15/2009 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Jonathan Davis dated 5/14/09 re: counsel for defendants request that the Borchetta defendants be afforded the same extensions granted to the Swift Defendants.. ENDORSEMENT: Request Granted. (Signed by Judge Richard J. Sullivan on 5/14/09) (dle)
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Blank  Filed: None, Entered: None set motion and R&R deadlines/hearings
Set/Reset Deadlines as to [32] MOTION to Dismiss Amended Complaint.. Replies due by 6/3/2009. (dle)
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Legal Document (Payment Possibly Required) 42 Filed: 5/14/2009, Entered: 5/14/2009 OrderCourt Filing
ORDER: Accordingly, the Court hereby grants the Swift Defendants permission to submit a fifteen-page reply brief, which shall be filed and served by 6/3/09. (Signed by Judge Richard J. Sullivan on 5/14/09) (tro)
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Legal Document (Payment Possibly Required) 41 Filed: 5/11/2009, Entered: 5/11/2009 Reply Memorandum of Law in Oppisition to Motion
REPLY MEMORANDUM OF LAW in Opposition re: [36] FIRST MOTION to Dismiss The Amended Complaint., [32] MOTION to Dismiss Amended Complaint.. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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Legal Document (Payment Possibly Required) 40 Filed: 4/21/2009, Entered: 4/21/2009 Notice of change of address
NOTICE OF CHANGE OF ADDRESS by Christina Elizabeth Djordjevich on behalf of Taylor Swift, Scott Swift, Andrea Swift. New Address: Mitchell Silberberg & Knupp LLP, 12 E. 49th Street, 30th Floor, New York, New York, 10017, (212) 509-3900. (Djordjevich, Christina)
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Legal Document (Payment Possibly Required) 39 Filed: 4/21/2009, Entered: 4/21/2009 Notice of Appearance
NOTICE OF APPEARANCE by Christina Elizabeth Djordjevich on behalf of Taylor Swift, Scott Swift, Andrea Swift (Djordjevich, Christina)
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Legal Document (Payment Possibly Required) 38 Filed: 3/20/2009, Entered: 3/20/2009 Declaration in Support of Motion
DECLARATION of Howard H. Weller in Support re: [36] FIRST MOTION to Dismiss The Amended Complaint.. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Weller, Howard)
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Legal Document (Payment Possibly Required) 37 Filed: 3/20/2009, Entered: 3/20/2009 Memorandum of Law
FIRST MEMORANDUM OF LAW in Support re: [36] FIRST MOTION to Dismiss The Amended Complaint.. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Weller, Howard)
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Legal Document (Payment Possibly Required) 36 Filed: 3/20/2009, Entered: 3/20/2009, Terminated: 3/2/2010 Motion to Dismiss
FIRST MOTION to Dismiss The Amended Complaint. Document filed by Taylor Swift, Scott Swift, Andrea Swift.(Weller, Howard)
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Legal Document (Payment Possibly Required) 35 Filed: 3/18/2009, Entered: 3/18/2009 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Big Machine Records, LLC.(Davis, Jonathan)
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Legal Document (Payment Possibly Required) 34 Filed: 3/18/2009, Entered: 3/18/2009 Memorandum of Law
MEMORANDUM OF LAW in Support re: [32] MOTION to Dismiss Amended Complaint.. Document filed by Scott Borchetta, Big Machine Records, LLC. (Davis, Jonathan)
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Declaration in Support of Motion with OCR 33 Filed: 3/18/2009, Entered: 3/18/2009 Declaration in Support of Motion
DECLARATION of Jonathan D. Davis in Support re: [32] MOTION to Dismiss Amended Complaint.. Document filed by Scott Borchetta, Big Machine Records, LLC. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit)(Davis, Jonathan)
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Legal Document (Payment Possibly Required) 32 Filed: 3/18/2009, Entered: 3/18/2009, Terminated: 3/2/2010 Motion to Dismiss
MOTION to Dismiss Amended Complaint. Document filed by Scott Borchetta, Big Machine Records, LLC.(Davis, Jonathan)
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Legal Document (Payment Possibly Required) 31 Filed: 3/5/2009, Entered: 3/5/2009 Stipulation and OrderCourt Filing
STIPULATION AND ORDER: (1) Defendants shall have until March 20, 2009 to serve their motions to dismiss the Amended Complaint; (2) Plaintiff shall have until May 11, 2009 to serve his memoranda of law in opposition to Defendants' motions to dismiss; and (3) Defendants shall have until May 29, 2009 to serve their reply memoranda of law in support of their motions to dismiss the Amended Complaint. (Signed by Judge Richard J. Sullivan on 3/5/09) (db)
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Legal Document (Payment Possibly Required) 30 Filed: 2/13/2009, Entered: 2/17/2009 Stipulation and OrderCourt Filing
STIPULATION AND ORDER: It is hereby stipulated and agreed as follows: Defendants shall have until March 13, 2009 to serve their motions to dismiss the Amended Complaint. Plaintiff shall have until May 4, 2009 to serve his memoranda of law in opposition to Defendants' motions to dismiss. Defendants shall have until May 29, 2009 to serve their reply memoranda of law in support of their motions to dismiss the Amended Complaint. (Signed by Judge Richard J. Sullivan on 2/13/2009) (jfe)
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Legal Document (Payment Possibly Required) 29 Filed: 2/10/2009, Entered: 2/10/2009 OrderCourt Filing
ORDER: The parties shall jointly submit, by 2/16/09, a proposed briefing schedule for all Defendants' consolidated motion to dismiss the Amended Complaint. The briefing schedule for the motion to dismiss contemplated by Defendant Taylor Swift, Scott Swift, and Andrea Swift (Doc. No. 27), is hereby adjourned until further notice. The court will adopt a revised briefing schedule for the consolidated motion to dismiss based on the parties' joint stipulation. (Signed by Judge Richard J. Sullivan on 2/9/09) (tro)
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Legal Document (Payment Possibly Required) 28 Filed: 1/27/2009, Entered: 1/27/2009 summons returned executed
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Scott Borchetta served on 1/14/2009, answer due 2/3/2009; Big Machine Records, LLC served on 1/14/2009, answer due 2/3/2009. Service was accepted by Harry Lyons, Assistant to Scott Borchetta and assistant to the president of Big Machine Records. Document filed by Daniel Dymtrow. (Attachments: # (1) Affidavit Return of Service-Declaration of Server re Big Machine Records, # (2) Affidavit Return of Service & Declaration of Server re Scott Borchetta)(Pinguelo, Fernando)
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Legal Document (Payment Possibly Required) 27 Filed: 1/21/2009, Entered: 1/21/2009 OrderCourt Filing
ORDER: The parties' request is GRANTED, and the Court hereby adopts the following schedule: The Swift Defendants shall file and serve their motion to dismiss the Amended Complaint by February 17, 2009. Plaintiffs opposition shall be filed and served by March 16, 2009. The Swift Defendants' reply, if any, shall be filed and served by March 31, 2009. (Signed by Judge Richard J. Sullivan on 1/20/09) (js)
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Legal Document (Payment Possibly Required) 26 Filed: 12/29/2008, Entered: 12/29/2008 Order on Motion to DismissCourt Filing
ORDER denying [18] Motion to Dismiss. Before the Court is Plaintiffs motion for reconsideration, filed on December 24, 2008. the motion to dismiss Plaintiffs initial Complaint filed by Defendants Taylor Swift, Scott Swift, and Andrea Swift is DENIED without prejudice. Upon proper service, should those Defendants wish to move to dismiss the Amended Complaint on the same grounds, they may renew the motion by submitting a letter to the Court. Otherwise, all Defendants' time to answer or otherwise respond to the Amended Complaint : shall be governed by the Federal Rules of Civil Procedure based on the date that Plaintiff effects service, and all parties are directed to submit pre-motion letters in compliance with Rule 2. A of my Individual Practices in connection. (Signed by Judge Richard J. Sullivan on 12/29/2008) (tve)
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Blank 25 Filed: 12/23/2008, Entered: 12/24/2008 Amended Complaint
AMENDED COMPLAINT amending [1] Complaint against Scott Borchetta, Big Machine Records, LLC, Taylor Swift, Scott Swift, Andrea Swift. Document filed by Daniel Dymtrow. Related document: [1] Complaint filed by Daniel Dymtrow.(dle)
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Reply Memorandum of Law in Support of Motion with OCR 24 Filed: 5/22/2008, Entered: 5/22/2008 Reply Memorandum of Law in Support of Motion
FIRST REPLY MEMORANDUM OF LAW in Support re: [18] MOTION to Dismiss The Complaint.. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Weller, Howard)
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Memorandum of Law in Opposition to Motion with OCR 23 Filed: 5/15/2008, Entered: 5/15/2008 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [18] MOTION to Dismiss The Complaint.. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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Legal Document (Payment Possibly Required) 22 Filed: 5/15/2008, Entered: 5/15/2008 Declaration in Opposition to Motion
DECLARATION of Daniel Dymtrow in Opposition re: [18] MOTION to Dismiss The Complaint.. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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Certificate of Service Other with OCR 21 Filed: 4/15/2008, Entered: 4/15/2008 Certificate of Service Other
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss the Complaint, Memorandum of Law in Support of Motion to Dismiss the Complaint, Declaration of Howard H. Weller served on Daniel Dymtrow on 4/15/08. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Weller, Howard)
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Declaration in Support of Motion with OCR 20 Filed: 4/15/2008, Entered: 4/15/2008 Declaration in Support of Motion
DECLARATION of Howard H. Weller in Support re: [18] MOTION to Dismiss The Complaint.. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Attachments: # (1) Exhibit, # (2) Exhibit)(Weller, Howard)
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Memorandum of Law with OCR 19 Filed: 4/15/2008, Entered: 4/15/2008 Memorandum of Law
FIRST MEMORANDUM OF LAW in Support re: [18] MOTION to Dismiss The Complaint. . Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Weller, Howard)
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Motion to Dismiss with OCR 18 Filed: 4/15/2008, Entered: 4/15/2008, Terminated: 12/29/2008 Motion to Dismiss
MOTION to Dismiss The Complaint. Document filed by Taylor Swift, Scott Swift, Andrea Swift. Responses due by 5/15/2008(Weller, Howard)
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Notice of Appearance with OCR 17 Filed: 4/15/2008, Entered: 4/15/2008 Notice of Appearance
NOTICE OF APPEARANCE by Howard Harvey Weller on behalf of Taylor Swift, Scott Swift, Andrea Swift (Weller, Howard)
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Order with OCR 16 Filed: 4/9/2008, Entered: 4/9/2008 OrderCourt Filing
ORDER at a pre-motion conference held before the Court on April 8, 2008, the following scheduling order was established for Defendants' proposed motion to dismiss: Defendants shall file the motion to dismiss no later than April 15, 2008. Plaintiff shall file his opposition no later than May 15, 2008. Defendants' reply brief, if needed, is due no later than May 22, 2008. If Defendants choose not to file a reply brief, Defendants are directed to send a letter the Court, to be received no later than May 22, 2008, informing the Court that no reply brief will be filed. SO ORDERED. ( Motions due by 4/15/2008, Responses due by 5/15/2008, Replies due by 5/22/2008.) (Signed by Judge Richard J. Sullivan on 4/8/2008) (jmi)
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Notice of Appearance with OCR 15 Filed: 4/2/2008, Entered: 4/2/2008 Notice of Appearance
NOTICE OF APPEARANCE by Vivek V. Gupta on behalf of Daniel Dymtrow (Gupta, Vivek)
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Endorsed Letter with OCR 14 Filed: 3/28/2008, Entered: 3/31/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Paul V. LiCalsi dated 3/27/2008 re: We do not agree with plaintiff's premise that any default has occurred in this case, in that defendants motion was timely filed under the F.R.C.P., and decline to sign plaintiffs proffered order. ENDORSEMENT: The April 11, 2008 Conference will proceed as previously scheduled. Plaintiffs shall submit a letter not to exceed 3 pages by April 3, 2008, responding to the defendants March 21, 2008. Letter and explaining plaintiff's default alleg-action. (Signed by Judge Richard J. Sullivan on 3/28/2008) (jpo)
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Endorsed Letter with OCR 13 Filed: 3/26/2008, Entered: 3/27/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Paul V. LiCalsi dated 3/21/08 re: Counsel for Defendants write 1) to apologize to the Court for their inadvertent failure to comply with Your Honor's Individual Practice Rule 2.A requiring a pre-motion conference prior to their filing a motion to dismiss and 2) to belatedly ask for such a conference for defendants' motion which was filed under ECF system on the night of 3/20/08. ENDORSEMENT: Plaintiff shall respond to this letter by March 28, 2008. The parties shall appear for a pre-motion conference on April 11, 2008 at 11AM. ( Pre-Motion Conference set for 4/11/2008 at 11:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/25/08) (tro)
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Order on Motion to Dismiss with OCR 12 Filed: 3/25/2008, Entered: 3/26/2008 Order on Motion to DismissCourt Filing
ORDER terminating [7] Motion to Dismiss. The Defendant's motion to dismiss is denied without prejudice for failure to comply with the Court's individual practices and the Local Rules of this District. The Clerk of the Court is directed to terminate the motion docketed as document #7. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/24/2008) (jmi)
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Declaration in Support of Motion with OCR 11 Filed: 3/21/2008, Entered: 3/21/2008 Declaration in Support of Motion
DECLARATION of Paul V. LiCalsi in Support re: [7] FIRST MOTION to Dismiss The Complaint.. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Attachments: # (1) Exhibit A-B, # (2) Exhibit C-D)(LiCalsi, Paul)
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Declaration in Support of Motion with OCR 10 Filed: 3/21/2008, Entered: 3/21/2008 Declaration in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Paul V. LiCalsi in Support re: [7] FIRST MOTION to Dismiss The Complaint. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (Attachments: # (1) Exhibit A-D)(LiCalsi, Paul) Modified on 3/21/2008 (jar).
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Declaration in Support with OCR 9 Filed: 3/21/2008, Entered: 3/21/2008 Declaration in Support
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Paul V. LiCalsi in Support. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (LiCalsi, Paul) Modified on 3/21/2008 (jar).
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Blank -- Filed: 3/21/2008, Entered: 3/21/2008 Note to Attorney to Re-File Document - Deficient D
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Paul V. LiCalsi to RE-FILE Document [10] Declaration in Support of Motion. ERROR(S): Exhibits must be included as attachments to the document they are supporting. (jar)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Paul V. LiCalsi to RE-FILE Document [10] Declaration in Support of Motion. ERROR(S): Exhibits must be included as attachments to the document they are supporting. (jar)
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Blank -- Filed: 3/21/2008, Entered: 3/21/2008 Note to Attorney to Re-File Document - Deficient D
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Paul LiCalsi to RE-FILE Document [9] Declaration in Support. ERROR(S): Exhibits not attached to the Declaration. (jar)
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Blank  Filed: None, Entered: None Notice to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Paul LiCalsi to RE-FILE Document [9] Declaration in Support. ERROR(S): Exhibits not attached to the Declaration. (jar)
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Memorandum of Law in Support with OCR 8 Filed: 3/20/2008, Entered: 3/20/2008 Memorandum of Law in Support
FIRST MEMORANDUM OF LAW in Support of Their Motion to Dismiss The Complaint. Document filed by Taylor Swift, Scott Swift, Andrea Swift. (LiCalsi, Paul)
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Motion to Dismiss with OCR 7 Filed: 3/20/2008, Entered: 3/20/2008, Terminated: 3/25/2008 Motion to Dismiss
FIRST MOTION to Dismiss The Complaint. Document filed by Taylor Swift, Scott Swift, Andrea Swift. Responses due by 4/3/2008(LiCalsi, Paul)
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Notice of change of address with OCR 6 Filed: 3/20/2008, Entered: 3/20/2008 Notice of change of address
NOTICE OF CHANGE OF ADDRESS by Paul V. LiCalsi on behalf of Taylor Swift. New Address: Mitchell Silberberg & Knupp LLP, 12 East 49th Street, 30th Fl, New York, New York, United States 10017, (212) 509-3900. (LiCalsi, Paul)
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Order with OCR 5 Filed: 3/13/2008, Entered: 3/13/2008 OrderCourt Filing
ORDER: Status Conference set for 4/11/2008 at 11:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. By 4pm on 4/7/08, the parties shall jointly submit a status letter, not to exceed five (5) pages. In addition, the parties are directed to complete the Case Management Plan and Order and submit it to the Court not later than 4pm on 4/7/08. (Signed by Judge Richard J. Sullivan on 3/12/08) (tro)
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waiver of service executed with OCR 4 Filed: 1/17/2008, Entered: 1/17/2008 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Scott Swift waiver sent on 12/18/2007, answer due 2/16/2008. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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waiver of service executed with OCR 3 Filed: 1/17/2008, Entered: 1/17/2008 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Andrea Swift waiver sent on 12/18/2007, answer due 2/16/2008. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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waiver of service executed with OCR 2 Filed: 1/17/2008, Entered: 1/17/2008 waiver of service executed
WAIVER OF SERVICE RETURNED EXECUTED. Taylor Swift waiver sent on 12/18/2007, answer due 2/16/2008. Document filed by Daniel Dymtrow. (Pinguelo, Fernando)
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Complaint with OCR 1 Filed: 12/14/2007, Entered: 12/17/2007 Complaint
COMPLAINT against Taylor Swift, Scott Swift, Andrea Swift. (Filing Fee $ 350.00, Receipt Number 636117)Document filed by Daniel Dymtrow.(jpo) (Additional attachment(s) added on 12/18/2007: # (1) Exhibit) (mbe).
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Blank -- Filed: 12/14/2007, Entered: 12/17/2007 Case Designated ECF.
Case Designated ECF. (jpo)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (jpo)
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Blank -- Filed: 12/14/2007, Entered: 12/17/2007 Case Designation
Magistrate Judge Henry B. Pitman is so designated. (jpo)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Henry B. Pitman is so designated. (jpo)
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Blank -- Filed: 12/14/2007, Entered: 12/17/2007 Summons Issued
SUMMONS ISSUED as to Taylor Swift, Scott Swift, Andrea Swift. (jpo)
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