Capitol Records, LLC v. Redigi Inc.

Filing 124

ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendants John Ossenmacher and Larry Rudolph shall submit their motion(s) to dismiss pursuant to Fed. R. Civ. P.12(b)(6) no later than September 20, 2013; Plaintiff shall respond no later than October 4, 2013; and Defendants shall reply no later than October 18, 2103. Parties shall not file pre-motion letters in connection with this motion to dismiss. IT IS FURTHER ORDERED THAT discovery will not be stayed pending resolution of the motion and that the parties shall jointly submit to the Court, no later than September 20, 2013, a revised Scheduling Order and Case Management Plan that amends the existing discovery deadlines to allow for the completion of all discovery by November 8, 2013. IT IS FURTHER ORDERED THAT Plaintiff shall not file its motion for summary judgment until the close of discovery and that any such motion shall be preceded by a pre-motion letter in conformity with Rule 2.A of the Court's Individual Practices. SO ORDERED. ( Discovery due by 11/8/2013., Motions due by 9/20/2013., Responses due by 10/4/2013, Replies due by 10/18/2013.) (Signed by Judge Richard J. Sullivan on 9/17/2013) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

CAPITOL RECORDS LLC,
Plaintiff,
No. 12 Civ. 95 (RJS)

-v-

REDIGI INC., et al.,
Defendants.

RICHARD J. SULLIVAN, District Judge:
The Court is in receipt of parties' joint letter, dated September 16, 2013, advising the Court
of the anticipated next steps in this action. The Court notes that Defendants John Ossenmacher and
Larry Rudolph intend to move pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the amended
complaint against them and request additional time to complete discovery in the event their
anticipated motion is denied. The Court further notes that Plaintiff requests leave to file its
motion for summary judgment by October 11, 2013 and opposes the Defendants' request for
additional discovery time. Defendants Ossenmacher and Rudolph were added as Defendants to
this action in the amended complaint dated August 30, 2013.
Accordingly, IT IS HEREBY ORDERED THAT Defendants John Ossenmacher and Larry
Rudolph shall submit their motion(s) to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) no later than
September 20, 2013; Plaintiff shall respond no later than October 4, 2013; and Defendants shall
reply no later than October 18, 2103. Parties shall not file pre-motion letters in connection with
this motion to dismiss.
IT IS FURTHER ORDERED THAT discovery will not be stayed pending resolution ofthe
motion and that the parties shall jointly submit to the Court, no later than September 20, 2013, a

revised Scheduling Order and Case Management Plan that amends the existing discovery deadlines
to allow for the completion of all discovery by November 8, 2013.
IT IS FURTHER ORDERED THAT Plaintiff shall not file its motion for summary
judgment until the close of discovery and that any such motion shall be preceded by a pre-motion
letter in conformity with Rule 2.A of the Court's Individual Practices.
SO ORDERED.
DATED:

September 17,2013
New York, New York

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