Capitol Records, LLC v. Redigi Inc.

Filing 237

LETTER addressed to Judge Richard J. Sullivan from Mark S. Raskin, Robert Whitman, Vincent Filardo, Jr. and Michael S. DeVincenzo dated June 29, 2016 re: To show cause as to why Mishcon de Reya New York LLP should not be sanctioned pursuant to Federal Rule of Civil Procedure 16(f) for its failure to appear at the June 29, 2016 conference. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Raskin, Mark)

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Two Park Avenue, 20th Floor New York, New York 10016 Direct Tel: Direct Fax: E-mail: June 29, 2016 212-612-3285 BY CM/ECF AND HAND DELIVERY Hon. Richard J. Sullivan Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007-1312 Re: Capitol Records LLC v. ReDigi Inc., et al. (12 Civ. 00095) (RJS) Dear Judge Sullivan, Mishcon de Reya New York LLP (“Mishcon”) is currently counsel of record for defendants ReDigi Inc. (“ReDigi”), John Ossenmacher, and Larry Rudolph (“Defendants”) in the above-referenced action. We write as directed by the Court’s Order of earlier today to show cause why Mishcon should not be sanctioned in light of its failure to appear for the June 29, 2016, 10:30 a.m. conference. First and foremost, the undersigned attorneys are each deeply embarrassed and sincerely apologize to the Court, Your Honor, opposing counsel, and co-counsel for failing to attend the June 29, 2016 conference. All attorneys at Mishcon each share a common firm-wide calendar system. However, due to inadvertence on the part of the undersigned, the date and time for the June 29, 2016 conference was not entered into our calendar system. As a result of the error, the undersigned did not realize that the conference was scheduled for today until the Court's order to show cause was electronically transmitted to them. Please know that counsels’ failure to appear was not an assumption that Mishcon’s motion to withdraw would be granted. Nor was any conscious decision made by counsel to absent themselves from the conference. Rather, each attorney simply failed to realize that the conference was scheduled for today, and had not been calendared, until it was too late. We assure the Court that this error will not happen again, and we each apologize again for any inconvenience that our oversight may have caused the Court, Your Honor, and any counsel of record. Switchboard: +1 212 612 3270 Main Fax: +1 212 612 3297 New York: Mishcon de Reya New York LLP London: Mishcon de Reya LLP A list of partners is available for inspection at the above address Respectfully submitted, /s/ Mark S. Raskin Mark S. Raskin /s/ Robert Whitman Robert Whitman /s/ Vincent Filardo, Jr. Vincent Filardo, Jr. /s/ Michael S. DeVincenzo Michael S. DeVincenzo cc: All Counsel (by email) 2

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