Capitol Records, LLC v. Redigi Inc.

Filing 149

MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)

Download PDF
IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CAPITOL RECORDS, LLC, 12-CV-00095 (RJS) Plaintiff, v. REDIGI INC., JOHN OSSENMACHER, and LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL, Defendants. NOTICE OF MOTION OF INDIVIDUAL DEFENDANTS’ MOTION FOR RECONSIDERATION TO EACH PARTY AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Mr. John Ossenmacher and Professor Larry Rudolph (the “Individual Defendants”) shall and herby do move the Court to reconsider its September 2, 2014 Opinion and Order, ECF No. 148 (“Order”), denying the Individual Defendants’ motion to dismiss, with prejudice, Capitol Record LLC’s (“Capitol” or “Plaintiff”) claims. As set forth in the accompanying memorandum of law, reconsideration is appropriate here because the Court did not apply well-settled law requiring Plaintiff to allege particularized facts supporting each element of each of its claims. Because Plaintiff’s Amended Complaint is devoid of non-conclusory factual allegations supporting each of its copyright infringement claims against the Individual Defendants and because the Court failed to consider and address some of Individual Defendants’ previous arguments, the Court should reconsider its Order and dismiss these claims with prejudice as to the Individual Defendants. Dated: September 16, 2014 Respectfully submitted, /s/ Seth R. Gassman Seth R. Gassman (SG-8116) James J. Pizzirusso (pro hac vice) Nathaniel C. Giddings (pro hac vice) HAUSFELD LLP 1700 K Street, N.W., Suite 650 Washington, D.C. 20006 Counsel for John Ossenmacher & Larry Rudolph ii

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?