Capitol Records, LLC v. Redigi Inc.

Filing 260

LETTER addressed to Judge Richard J. Sullivan from RICHARD S. MANDEL dated 08/08/2016 re: RESPONSE TO DOCUMENT NUMBER 259. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)

COWAN
LIEBOWITZ
LATMAN

Cowan, Liebowitz & Latman, P.C.
1133 Avenue of the Americas
New York, NY 10036
[phone] Tel
[phone] Fax
www.cll.com
Richard S. Mandel
[phone]
rsm(iD,c11.com

August 8, 2016
VIA ECF and EMAIL
Hon. Richard J. Sullivan
United States Courthouse
40 Foley Square, Room 2104
New York, NY 10007
Re:

Capitol Records, LLC v. ReDigi Inc., 12 cv. 0095 (RJS)

Dear Judge Sullivan:
We represent Plaintiffs in the above-referenced action. We write in response to the
August 4, 2016 letter from Dana Kaplan of Kelley & Fulton P.L. regarding the bankruptcy
filings by ReDigi Inc. and John Ossenmacher and the potential effect of the automatic stay
provision of the Bankruptcy Code.
We note that defendant Lawrence Rogel a/k/a Larry Rudolph has not filed for
bankruptcy. Accordingly, the automatic stay does not apply to Plaintiffs' pending motion to
register the Judgment in other districts insofar as it relates to Mr. Rogel. Because the only
district identified in the motion with respect to Mr. Rogel was the District of Massachusetts,
Plaintiffs respectfully request that their motion be modified so as to only seek registration of the
judgment in the United States District Court for the District of Massachusetts (and not the district
courts in Florida and California where Mr. Ossenmacher was believed to have assets). In the
event that the Court grants Plaintiffs' motion as to Mr. Rogel, Plaintiffs will advise the District of
Massachusetts registration court that they are enforcing the Judgment only against Mr. Rogel,
and not against ReDigi or Mr. Ossenmacher.
With respect to Plaintiffs' pending motion for attorneys' fees, such motion is similarly
stayed only with respect to ReDigi Inc. and Mr. Ossenmacher, but may proceed as to Mr. Rogel.
However, given the interrelatedness of the issues concerning all defendants, Plaintiffs intend to
file a motion with the Bankruptcy Court to modify the automatic stay to allow this Court to
decide the fees motion as to all defendants for the limited purpose of liquidating that claim.
Accordingly, for purposes of efficiency and judicial economy, Plaintiffs request that their
pending attorneys' fee motion be stayed as to all defendants until such time as the Bankruptcy
Court rules on their contemplated motion for relief from the automatic stay.

29503/003/2120964. 1

Cowan, Liebowitz & Latman, P.C.
Hon. Richard J. Sullivan, U.S.D.J.
August 8, 2016
Page 2
We thank the Court for its attention to the foregoing and are available to discuss the issue
further if the Court so requests.
Respectfully,

Richard S. Mandel
cc: Oren J. Warshaysky, Esq. (via email)
Dana Kaplan, Esq. (via email)
Jonathan Z. King, Esq. (via email)

29503/003/2120964.1