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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June 29, 2016

212-612-3285
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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.

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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)

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