Capitol Records, LLC v. Redigi Inc.

Filing 268

LETTER MOTION for Leave to File Plaintiffs' Motion for Attorneys' Fees addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 11/15/2016. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)

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Cowan, Liebowitz & Latman,P.C.
114 West 47t" Street
New York, NY 10036

LIEBOWITZ
LATI~ZAN

(
212)790-9200 Tel
(
212)575-0671 Fax
www.cll.com
Richard S. Mandel
212)790-9291
(
rsm(cr~,cll.com

November 15, 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 to advise the Court that
the Bankruptcy Court has today issued the attached orders granting Plaintiffs' motion to modify
the automatic stay so as to permit Plaintiffs to prosecute to judgment their claim for attorney's
f against Defendants ReDigi Inc. and John Ossenmacher in the action before Your Honor.
ees
Accordingly, in accordance with the Court's order of September 1, 2016 denying Plaintiffs'
motion for attorneys' fees without prejudice to renewal upon a ruling from the Bankruptcy Court
(
Docket No. 266), Plaintiffs respectfully request leave to renew their motion and to re-file papers
in support of such motion.
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)
Enclosures

18166/034/21651081

Case 16-20809-PGH

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Filed 11/15/16

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ORDERED in the Southern District of Florida on November 14, 2016.

Paul G. Hyma
r., J dge
United States Bankruptcy Court

U NITED STATES BANKRUPTCY COURT
SOUTHERN D15TRICT OF FLORIDA
WEST PALM BEACH DIVISION
www.flsb.usccaurts.aov
I n re:

Case No. 16-20809-PGH
Chapter 11

REDIGI INC.,
Debtor.

/

ORDER GRANTING
MOTION OF CAPITOL RECORDS, LLC, CAPITOL CHRISTIAN MUSIC GROUP, INC.
AND VIRGIN RECORDS IR HOLDINGS, INC. TO MODIFY AUTOMATIC STAY TO
LIQUIDATE DAMAGES CLAIM AGAINST DEBTOR IN PREPETITION LITIGATION
This cause came before the Court on November 8, 2016 upon the Motion of
Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records /R
Holdings, Inc. to Modify Automatic Stay to Liquidate Damages Claim against Debtor in
Prepetition Litigation, dated October 17, 2016 [Docket #40] (the "Motion"); the Court,
having reviewed the Motion and heard argument of counsel, and being otherwise duly

{10278-008 ORD A0455041.DOCX}

Case 16-20809-PGH

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Filed 11/15/16

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advised in the premises: For the reasons stated orally and recorded in open court that
shall constitute the decision of the Court, it is hereby
ORDERED and ADJUDGED that:
1.

The Motion is granted.

2.

The automatic stay is modified pursuant to 11 U.S.C. § 362(d)(1) to permit

Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records IR
Holdings, Inc. to prosecute to judgment their claim for attorney's fees under 17 U.S.C. §
505 against the debtor, ReDigi, Inc., and the other defendants in the civil action styled
Capitol Records, LLC v. ReDigi, Inc., No. 12 CV 95 (RJS), pending before the United
States District Court for the Southern District of New York.
3.

The automatic stay shall otherwise remain in effect, and no collection

activity shall occur without further order of this Court.
4.

The Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation of this order.
5.

This order is effective immediately upon its entry upon the docket. The 14-

day stay imposed by Federal Rule of Bankruptcy Procedure 4001(a)(3) is waived.
#
##
Submitted by:
Terence G Banich (admitted pro hac vice)
SHAW FISHMAN GLANTZ & TOWBIN LLC
321 N. Clark St., Ste. 800
Chicago, Illinois 60654
Tel.: [phone]
Fax: [phone]
tbanich(c~shawfishman.com
Copies furnished to:
Terence G. Banich is directed to serve copies of this order on the parties listed and file
a certificate of service.

2

Case 16-20810-PGH

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Filed 11/15!16

Page 1 of 2

*•
%`* '\

ORDERED in the Southern District of Florida on November 14, 2016.

r., J dge
Paul G. Hyma
United States Bankruptcy Court

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
www,flsb.uscourts.gov
Case No. 16-20810-PGH
Chapter 11

In re:
JOHN MARK OSSENMACHER,
Debtor.

/

ORDER GRANTING
MOTION OF CAPITOL RECORDS, LLC, CAPITOL CHRISTIAN MUSIC GROUP,INC.
AND VIRGIN RECORDS IR HOLDINGS, INC. TO MODIFY AUTOMATIC STAY TO
LIQUIDATE DAMAGES CLAIM AGAINST DEBTOR IN PREPETITION LITIGATION
This cause came before the Court on November 8, 2016 upon the Motion of
Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records IR
Holdings, Inc. to Modify Automatic Stay to Liquidate Damages Claim against Debtor in
Prepetition Litigation, dated October 17, 2016 [Docket #44] (the "Motion"); the Court,
having reviewed the Motion and heard argument of counsel, and being otherwise duly

{10278-008 O R D A0455041.DOCX}

Case 16-20810-PGH

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Filed 11/15/16

Page 2 of 2

advised in the premises: For the reasons stated orally and recorded in open court that
shall constitute the decision of the Court, it is hereby
ORDERED and ADJUDGED that:
1.

The Motion is granted.

2.

The automatic stay is modified pursuant to 11 U.S.C. § 362(d)(1) to permit

Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records IR
Holdings, Inc. to prosecute to judgment their claim for attorney's fees under 17 U.S.C. §
505 against the debtor, John Mark Ossenmacher, and the other defendants in the civil
action styled Capitol Records, LLC v. ReDigi, Inc., No. 12 CV 95 (RJS), pending before
the United States District Court for the Southern District of New York.
3.

The automatic stay shall otherwise remain in effect, and no collection

activity shall occur without further order of this Court.
4.

The Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation of this order.
5.

This order is effective immediately upon its entry upon the docket. The 14-

day stay imposed by Federal Rule of Bankruptcy Procedure 4001(a)(3) is waived.
##
#
Submitted by:
Terence G Banich (admitted pro hac vice)
SHAW FISHMAN GLANTZ & TOWBIN LLC
321 N. Clark St., Ste. 800
Chicago, Illinois 60654
Tel.: [phone]
Fax: [phone]
tbanich(a~shawfishman.com
Copies furnished to:
Terence G. Banich is directed to serve copies of this order on the parties listed and file
a certificate of service.

2