Capitol Records, LLC v. Redigi Inc.

Filing 277

LETTER addressed to Judge Richard J. Sullivan from C. Dennis Loomis dated 12/09/2016 re: Second Report on Status of Bankruptcy Automatic Stay. Document filed by John Ossenmacher, Redigi Inc., Larry Rudolph.(Loomis, C. Dennis)

Download PDF
December 9, 2016 C. Dennis Loomis direct dial: 310.442.8865 VIA ECF Hon. Richard J. Sullivan, U.S.D.J. Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 100007 Re: Capital Records, LLC v. ReDigi Inc., et al. Case No. 12 cv. 0095 (RJS): Second Report on Status of Bankruptcy Automatic Stay Dear Judge Sullivan: Pursuant to your Order entered on August 8, 2016, on behalf of defendants and appellants ReDigi, Inc., John Ossenmacher and Larry Rogel, aka Larry Rudolf (collectively, “Appellants”) in the above action, we submit this Second Report on the status of the automatic stay implemented upon the filing of the Chapter 11 bankruptcy case filed by ReDigi, Inc. and John Ossenmacher (collectively, the “Petitioners”) on August 3, 2016 in the Southern District of Florida, Case No. 18-20809-PGH (the “Bankruptcy”). On November 21, 2016, the Bankruptcy Court entered its Order, pursuant to the consent of both Petitioners and plaintiffs Capitol Records et al., to lift the stay to allow the appeal to proceed in the Second Circuit. Pursuant to the Order of the Second Circuit, Appellants shall file on or before December 13, 2016, their Scheduling Notification, pursuant to which the Second Circuit will reset a briefing schedule for the appeal. On this date, Appellants separately filed with this Court their pre-motion letter in connection with Appellants’ request that documents originally filed by ReDigi, Inc. in 2012 under seal in connection with briefing on the parties cross-motions for summary judgment, now be unsealed and made publicly available. This request is based on the fact that the subject ReDigi documents are no longer confidential or otherwise no longer require or warrant protection from public disclosure. Hon. Richard J. Sullivan, U.S.D.J. December 9, 2016 Page 2 For the Court’s information, this firm has been engaged by Appellants for the limited purpose of prosecuting Appellants’ appeal from the judgment entered in this action, including all actions necessary and appropriate to that undertaking. As such, we will not be appearing or filing papers on behalf of Appellants in opposition to the pending motion by plaintiffs Capitol Records, et al, for an award of attorneys’ fees. Sincerely, Baker & Hostetler LLP /s/ C. Dennis Loomis C. Dennis Loomis Partner cc: All Parties Receiving Notice via ECF

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?