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)

December 9, 2016
C. Dennis Loomis
direct dial: 310.442.8865
[e-mail]

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

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