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05-545 - (PS) Odnil Music Limited et al v. Scheck et al


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05-545 - (PS) Odnil Music Limited et al v. Scheck et al
June 29, 2005
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MEMORANDUM AND ORDER signed by Judge William B. Shubb on 6/29/05 ORDERING that Defendants' Motion to DISMISS 8 is DENIED. It is further ORDERED that this case is referred to the assigned Magistrate judge for the purpose of conducting an early settlement Conference between the parties. It is further ORDERED that all proceedings in this case are STAYED for sixty days and all deadlines set out in the scheduling order of 5/27/05 are EXTENDED for a period of sixty days from the date of this order.(Mena-Sanchez, L) Modified on 6/29/2005 (Mena-Sanchez, L).
August 10, 2005
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ORDER signed by Judge Peter A. Nowinski on 8/9/05 ORDERING that at 09:00 AM 8/24/2005 in Courtroom 25 (PAN) before Magistrate Judge Peter A. Nowinski dfts shall appear personally and with counsel to show cause if any they have why monetary or other sanctions should not be imposed for their failure to appear at the settlement conference. (Duong, D)
August 29, 2005
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ORDER signed by Judge Peter A. Nowinski on 8/29/05 re 21 ORDERING that within 10 days after service of this order, dfts shall pay to plts the sum $3,342.25. (Duong, D)
October 5, 2005
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MORANDUM AND ORDER signed by Judge William B. Shubb on 10/4/05 ORDERING that Plaintiff's Motion to Dismiss defendant William Scheck's counterclaims and cross-claims 23 is GRANTED, without prejudice to defendants' ability to move to amend or supplement the pleadings. Defendant William Scheck's Motion to rescind the Magistrate Judge's order of 8/29/05 imposing sanctions 26 is GRANTED, as to defendant William Scheck only. (Mena-Sanchez, L)
March 27, 2006
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ORDER signed by Judge William B. Shubb on 3/24/2006 DENYING 35 MOTION for SUMMARY JUDGMENT filed by Odnil Music Limited. (Matson, R)
May 22, 2006
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ORDER signed by Judge John F. Moulds on 5/22/06 ORDERING that theorder shortening time 57 is GRANTED and Plaintiff's 5/18/06 Motion for default judgment, filed with the exparte application, shall be heard on 6/1/2006 at 11:00 AM in Courtroom 25 before Magistrate Judge John F. Moulds. Defendants' opposition shall be due on or before close of business 5/30/06. Plaintiffs' reply, if any, shall be filed by close of business 5/31/06. (Mena-Sanchez, L)
June 14, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 6/12/2006 recommending that Pltfs' 5/18/2006 mtn for entry of default judgment be granted; Dft Katharsis, L.L.C., and any persons acting by or on behalf ofdft, be enjoined from performing publicly, or causing or permitting to be performed publicly, any copyrighted musical compositions owned by any of the pltfs, and any other copyrighted musical compositions in the repertory of the American Society of Composers, Authors and Publishers at any establishment owned, controlled, operated or managed by dft, w/out permission obtained directly from the copyright owners of such compositions in advance of such performances, or license from ASCAP; Pltfs be granted $12,000.00 in statutory damages, $2,241.47 in investigative fees and costs, $19,605.50 in attorneys fees, for a total judgment in the amount of $33,846.97; and Entry of default judgment be deferred pending resolution of trial. Objections to the F&R's are due w/in 10 days after being served.(Matson, R)
July 21, 2006
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FINDINGS of FACT and CONCLUSIONS of LAW signed by Judge William B. Shubb on 7/20/06. The Findings and Recommendations filed 6/14/06 70 are ADOPTED in full. Plaintiffs shall recover from defendants Katharsis LLC, and William Joseph Scheck, jointly and severally, statutory damages in the amount of twelve thousands dollars ($12,000.00), which is an award of three thousand dollars ($3,000.00) for each of the four copyrighted musical works infringed at the Owl Club on the night of 9/2/04. Plaintiff shall also recover from Defendants Katharsis LLC, and William Joseph Scheck, jointldy and severally resonable attorneys fees and costs of suit, in an amount to be determined upon Plaintiffs post-trial motion for fees and memorandum of costs. (Mena-Sanchez, L)
August 7, 2006
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ORDER signed by Judge William B. Shubb on 8/4/2006 ORDERING:Order to Show Cause Hearing set for 9/5/2006 at 01:30 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Dft Nathaniel Scheck shall file a response to the application on or before 8/21/06 and pltf may file a reply on or before 8/28/2006. (Matson, R)
September 21, 2006
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FINAL STIPULATION and ORDER RE: DISMISSAL of Defendant Nathaniel Christopher Scheck signed by Judge William B. Shubb on 9/20/06. CASE CLOSED. (Mena-Sanchez, L)
September 25, 2006
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MEMORANDUM and ORDER signed by Judge William B. Shubb on 9/22/06 ORDERING that Plaintiff's Motion for attorneys' fess and costs as against defendants William Scheck and Katharsis LLC is GRANTED in the total sum of $73,545.52. (Mena-Sanchez, L)
April 10, 2007
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ORDER TO APPEAR FOR EXAMINATION signed by Judge Edmund F. Brennan on 4/9/07: Judgment Debtor Exam set for 5/16/2007 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Kaminski, H)
June 11, 2007
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ORDER signed by Judge Edmund F. Brennan on 6/8/2007 ORDERING the judgment creditors' mtn to compel is GRANTED; Judgment debtor, William J. Scheck, is ordered to produce the requested documents tothe judgment debtors either w/in 10 days of the date of service of this order, or at a continued debtor examination if the parties choose to schedule one; If the parties desire to schedule a continued debtor examination, they may do so inaccordance with applicable rules of procedure, and by contacting Courtroom Deputy, NicCannarozzi, at (916) 930-4172; Judgment debtor, William J. Scheck, is ordered to pay sanctions in the amount of$1,600 to judgment creditors counsel, for attorney's fees accrued by judgment creditors inmaking this motion. Such payment shall be made w/in 30 days and judgment debtorshall file with the court notice that such sanctions have been paid; and,Judgment debtor is advised that failure to comply with this order may be grounds forsanctions, including an order of contempt.(Matson, R)
June 26, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 6/26/07 RECOMMENDING that the 118 Motion for Temporary Restraining Order be granted. It is further RECOMMENDED that judgment debtor William Scheck, his employees, agents, and all persons in active concert or participation with him, be enjoined from transferring or disposing of $100,000 of the proceeds from the sale of the Owl Club. The court RECOMMENDS that pending the district judge's consideration of these findings and recommendations, a temporary restraining order be entered to enjoin William J. Scheck, the William J. Scheck Trust, or their agents and all person acting in concert with them, from withdrawing any funds currently in the above-referenced escrow account. Any Objections to these findings and recommendations shall be filed no later than 6/29/07. Motion referred to Judge William B. Shubb.(Donati, J)
June 26, 2007
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ORDER signed by Judge William B. Shubb on 06/26/07: The 118 Motion for TRO is GRANTED and entered until such time as this Court enters an order on the recommendation that a preliminary injunction be entered. (Refer to Order for details) (Kirkpatrick, S)
July 2, 2007
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ORDER signed by Judge William B. Shubb on 7/2/2007 ORDERING 123 Findings and Recommendations are ADOPTED; Judgment creditors motion for a preliminary injunction is GRANTED; Judgment debtor William J. Scheck, his employees, agents, and all persons in active concert or participation with him, are enjoined from transferring or disposing of $100,000 of the proceeds from the sale of the Owl Club out of the escrow account maintained by Placer Title Company. Specifically, $100,000 of the sales proceeds shall remain in the Placer Title Company escrow pending final resolution of this issue. The court reserves jurisdiction to modify or dissolve the injunction as may berequired by the interests of justice. (Matson, R)
November 6, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 11/6/07 RECOMMENDING that the 138 Motion to Amend Judgment be granted, that Asgard Entertainment Trust and the William J. Scheck Trust be added as judgment debtors that are jointly and severally liable for the entire amount of the judgment and that the judgment be paid from the sale proceeds of the Owl Club. Motion referred to Judge William B. Shubb. Objections due within 10 days after being served with these findings and recommendations. (Donati, J)
December 6, 2007
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge William B. Shubb on 12/5/2007 re 151 Findings and Recommendations. 138 MOTION to AMEND the JUDGMENT AMENDED NOTICE filed by Odnil Music Limited is GRANTED. The judgment is amended to add the Asgard Entertainment Trust and the William J. Scheck Trust as judgment debtors that are jointly and severally liable for the entire amount of the judgment, including reasonable atty's fees. The entire amount of the judgment shall be paid from the sale proceeds of the Owl Club. (Waggoner, D)
February 26, 2008
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STIPULATION and ORDER 170 signed by Judge William B. Shubb on 2/25/08 ORDERING that within 5 business days Placer Title Company shall pay over to the American Society of Composers, Authors and Publishers $90,000.00. IT IS FURTHER ORDERED that upon dismissal with prejudice of the appeal filed byWilliam Scheck now pending before the Ninth Circuit Court of Appeal, being docket number 07-17348, this case is dismissed subject to this Court's jurisdiction to enforce the permanent injunction set forth in the Judgment entered herein on 7/21/06, and the terms of the Stipulation for Settlement and Release of Claims. (Engbretson, K.)
April 8, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/7/08 RECOMMENDING that creditors' Motion for Supplemental Attorneys' Fees 157 be granted and creditors be awarded supplemental attorneys' fees in the amount of $24,045.00. REFERRED to Judge William B. Shubb. Parties may file written objections with the court and serve a copy on all parties within 10 days after being served with these findings and recommendations.(Carlos, K)
May 1, 2008
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ORDER ADOPTING 175 FINDINGS and RECOMMENDATIONS in full signed by Judge William B. Shubb on 04/30/08. Creditors' 157 Motion for Attorney Fees is GRANTED; creditors are awarded supplemental attorney fees in the amount of $24,045.00 (Benson, A)