DOCKET DETAIL
07-07-1997 1 COMPLAINT filed Summons(es) Issued referred to Discovery R. J. Groh (jp) (Entered: 07/09/1997)
ANSWER 43 44
NOTICE OF LODGING 626
OPPOSITION AND MOTION TO STRIKE MOTION 660
AMENDED CERTIFICATE OF SERVICE 661
08-13-1997 2 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Vincent Cusano by atty Mary A Parker. Designating Patrick J Grannon as local counsel. Approved by Judge John G. Davies . (Fee pd) (jag) (Entered: 08/15/1997)
NOTICE OF LODGING 626
OPPOSITION AND MOTION TO STRIKE MOTION 660
AMENDED CERTIFICATE OF SERVICE 661
08-27-1997 3 STIPULATION re ext of time of dft Horipro Ent Group to resp to cmp up to & including 9/22/97 (jag) (Entered: 09/02/1997)
NOTICE OF LODGING 626
09-05-1997 4 STIPULATION and ORDER by Judge John G. Davies that Polygram has an ext of 30 days up to & including 10/3/97 to file & serve its resp to plf's cmp (jag) (Entered: 09/12/1997)
09-08-1997 5 STIPULATION and ORDER by Judge John G. Davies that the Kiss dfts, & ea of them have an ext of 30 days up to & including 9/29/97 to file & serve their resp to plf's cmp (jag) (Entered: 09/12/1997)
09-22-1997 6 NOTICE OF MOTION AND MOTION by defendant Horipro Enter Group to dismiss , or in the alt to transfer plf's cmp for improper venue , or in the alt to dismiss , or to transfer case for forum non conveniens ; motion hearing for 1:30 10/20/97; Decl of Kaz Hori & Howard Siegel (jag) Modified on 09/25/1997 (Entered: 09/24/1997)
ORDER 12 17 34.1 35
MEMO OF 23 24
REPLY MEMO OF 31
MINUTES 34
09-23-1997 7 AMENDED NOTICE by defendant Horipro Enter Group of mot to dism or in the alt, to transfer plf's cmp for improper venue or in the alt to dism or transfer for forum non conveniens (jag) (Entered: 09/25/1997)
09-29-1997 8 COUNTERCLAIM by defendant Gene Klein, defendant Paul Stanley, defendant Kiss Catalog Ltd against plaintiff Vincent Cusano; adding cntdft Roes 1-10; jury demand; summons issued (jag) (Entered: 10/01/1997)
09-29-1997 8 THIRD-PARTY COMPLAINT: by counter-claimant Kiss Catalog Ltd; adding Metaluna Records LLC, Roes 1-10; summons issued (jag) (Entered: 10/01/1997)
ANSWER TO COUNTERCLAIM 18
NOTICE ORDER 218
09-29-1997 9 NOTICE OF MOTION AND MOTION by defendant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd to dismiss plf's cmp for failure to state a clm upon which relief can be granted , or in the alt for more definite statement ; motion hearing set for 1:30 11/3/97 (jag) (Entered: 10/01/1997)
ORDER 17 34.1 35
MEMO OF 19
REPLY MEMO OF 27
MINUTES 34
09-29-1997 10 NOTICE OF MOTION AND MOTION by defendant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd to strike portions of the cmp ; motion hearing set for 1:30 11/3/97 (jag) (Entered: 10/01/1997)
ORDER 17 35
RESPONSE 21
REPLY MEMORANDUM OF 25
MINUTES 34
09-29-1997 11 REQUEST by defendant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd for judicial ntc; decl of John H Lavely Jr (jag) (Entered: 10/01/1997)
09-30-1997 12 ORDER by Judge John G. Davies; Due to the congestion of the crt's calendar, the Dft Horipro's hearing on motion to dismiss [6-1], hearing on motion to transfer plf's cmp for improper venue [6-2], hearing on motion to dismiss [6-3] & hearing on motion to transfer case for forum non conveniens [6-4] is RESET to 1:30 11/24/97 (jag) (Entered: 10/03/1997)
10-02-1997 13 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc to dismiss for failure to state a clm , or in the alt for more definite statement ; motion hearing set for 1:30 11/3/97 (jag) (Entered: 10/07/1997)
MEMO OF 20
REPLY MEMO OF 28
MINUTES 34
ORDER 34.1 35
10-02-1997 14 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc to strike portions of plf's cmp ; motion hearing set for 1:30 11/3/97 (jag) (Entered: 10/07/1997)
RESPONSE 21
REPLY MEMO OF 29
MINUTES 34
ORDER 34.1 35
10-02-1997 15 REQUEST by defendant Polygram Records Inc for judicial ntc; Decl of Brian G Wolf (jag) (Entered: 10/07/1997)
10-06-1997 16 ATTORNEY SUBSTITUTION: terminating atty Amanda Parks, Dir Business & Legal Affairs and substituting attorney John H Lavely Jr by Judge John G. Davies (jag) (Entered: 10/08/1997)
10-17-1997 17 ORDER by Judge John G. Davies; Due to the congestion of the crt's calendar, the hearing on motion to strike portions of the cmp [10-1] is CONT 1:30 12/1/97. Hearing on motion to dismiss plf's cmp for failure to state a clm upon which relief can be granted [9-1] & hearing on motion for more definite statement [9-2] is CONT 1:30 12/1/97. Hearing on motion to dismiss [6-1] & hearing on motion to transfer plf's cmp for improper venue [6-2], motion to dismiss [6-3] & hearing on motion to transfer case for forum non conveniens [6-4] is CONT 1:30 12/1/97 (jag) (Entered: 10/21/1997)
10-21-1997 18 ANSWER TO COUNTERCLAIM [8-1] by counter-defendant Vincent Cusano (jag) (Entered: 10/23/1997)
10-21-1997 18 ANSWER TO THIRD PARTY COMPLAINT [8-1] by third-party defendant Metaluna Records LLC (jag) (Entered: 10/23/1997)
10-21-1997 19 MEMO OF P&A by plaintiff Vincent Cusano in opp to motion to dismiss plf's cmp for failure to state a clm upon which relief can be granted [9-1] (jag) (Entered: 10/23/1997)
10-21-1997 20 MEMO OF P&A by plaintiff Vincent Cusano in opp to motion to dismiss for failure to state a clm [13-1] (jag) (Entered: 10/23/1997)
10-21-1997 21 RESPONSE by plaintiff Vincent Cusano to motion to strike portions of plf's cmp [14-1], motion to strike portions of the cmp [10-1] (jag) (Entered: 10/23/1997)
11-03-1997 22 NOTICE by Clk D Lazo to cnsl re copyright, patent, trademark reporting requirements (jag) (Entered: 11/04/1997)
11-17-1997 23 MEMO OF P&A by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Stanley Eisen, defendant Paul Stanley, defendant Gene Klein in suppt of & opp to motion to dismiss [6-1], motion to transfer plf's cmp for improper venue [6-2], motion to dismiss [6-3], motion to transfer case for forum non conveniens [6-4] (jag) (Entered: 11/18/1997)
11-17-1997 24 MEMO OF P&A by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Stanley Eisen, defendant Paul Stanley, defendant Gene Klein in opp to motion to dismiss [6-1], motion to transfer plf's cmp for improper venue [6-2], motion to dismiss [6-3], motion to transfer case for forum non conveniens [6-4] (jag) (Entered: 11/18/1997)
11-24-1997 25 REPLY MEMORANDUM OF P&A by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein in suppt of motion to strike portions of the cmp [10-1] (jag) Modified on 11/25/1997 (Entered: 11/25/1997)
11-24-1997 27 REPLY MEMO OF P&A by defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein in suppt of motion to dismiss plf's cmp for failure to state a clm upon which relief can be granted [9-1], motion for more definite statement [9-2] (jag) (Entered: 11/25/1997)
11-24-1997 28 REPLY MEMO OF P&A by defendant Polygram Records Inc in suppt of motion to dismiss for failure to state a clm [13-1], motion for more definite statement [13-2] (jag) (Entered: 11/25/1997)
11-24-1997 29 REPLY MEMO OF P&A by defendant Polygram Records Inc in suppt of motion to strike portions of plf's cmp [14-1] (jag) (Entered: 11/25/1997)
11-24-1997 30 REQUEST by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein for judical ntc (jag) (Entered: 11/25/1997)
11-24-1997 31 REPLY MEMO OF P&A by defendant Horipro Enter Group in suppt of to motion to dismiss [6-1], motion to dismiss [6-3] (jag) (Entered: 11/25/1997)
12-01-1997 32 NOTICE OF MOTION AND MOTION by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Stanley Eisen, defendant Paul Stanley to compel response to production of docs , and production of docs , req for sanctions in the amt of $2,090 agnst plf & his cnsl ; motion hearing set for 10:00 12/17/97; Decl of Brian G Wolf (jag) (Entered: 12/02/1997)
SEPARATE STATEMENT ISSUES 33
DECL OF PATRICK GRANNAN 37
MINUTES 38
SUPPL MEMORANDUM 39
12-01-1997 33 SEPARATE STATEMENT of ISSUES by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Stanley Eisen, defendant Paul Stanley to be determined re mot to compel [32-1] (jag) (Entered: 12/02/1997)
12-01-1997 34 MINUTES: Dft Polygram's motion to dismiss for failure to state a clm [13-1] & motion for more definite statement [13-2] is GRANTED in part. Kiss dfts' motion to dismiss plf's cmp for failure to state a clm upon which relief can be granted [9-1] & motion for more definite statement [9-2] is GRANTED in part. Crt DENIES the motions to dism causes of actn 1 & 12 for open book acct. Crt GRANTS motions to dism w/ lv to amd as to all cuases of actn for breach of fiduciary duty, fraud, constructive fraud, conversion & negligent misrepresentation. Crt DENIES the motions to dism as to all causes of actn for breach of fiduciary duty arising on or after 7/7/94. See doc for fur details on motions to dism. Polygram's motion strike portions of plf's cmp [14-1] & Kiss dfts' motion to strike portions of the cmp [10-1] is DENIED. Horipro's motion to dismiss [6-1], motion to transfer plf's cmp for improper venue [6-2], motion to dismiss [6-3] & motion to transfer case for forum non conveniens [6-4] is GRANTED in part & DENIED in part. Crt therfore, severs the 7th, 9th & 10th causes of actn as stated agnst Horpro & transfers the case agnst Horipro to the South Dist of NY, unless another NY Dist is preferred by the ptys. Judge John G. Davies CR: Buford (jag) (Entered: 12/08/1997)
12-03-1997 34.1 ORDER by Judge John G. Davies; Dft Polygram Record's motion to dismiss for failure to state a clm [13-1] & motion for definite statement [13-2] is GRANTED in part. Kiss Dfts' motion to dismiss cmp for failure to state a clm upon which relief can be granted [9-1] & motion for more definite statement [9-2] is GRANTED in part. Polygram Record's motion to strike portions of plf's cmp [14-1] & Kiss dfts' motion to strike portions of the cmp granting motion to dismiss [6-1] are DENIED. Horipro's motion to transfer plf's cmp for improper venue [6-2], motion to dismiss [6-3], motion to transfer case for forum non conveniens [6-4] are GRANTED. Clms agnst Horipro are separate & distinct from the clms agnst the remaining dfts. Crt therefore severs the 7th, 9th & 10th causes of actn of state agnst Horipro & transfers the case agnst Horipro to the Southern Dist of NY. Case transferred to Dist of: South Dist of NY . (ENT 12/12/97). MD JS-6. mld cpys & ntcs. (jag) (Entered: 12/12/1997)
12-03-1997 35 ORDER by Judge John G. Davies; Dft Polygram Records' motion to dismiss for failure to state a clm [13-1] & motion for more definite statement [13-2] is GRANTED in part. Kiss dfts' motion to dismiss plf's cmp for failure to state a clm upon which relief can be granted [9-1] & motion for more definite statement [9-2] is GRANTED in part. Polygram's motion to strike portions of plf's cmp [14-1] & Kiss dft's motion to strike portions of the cmp [10-1] are DENIED. Dft Horipro's motion to dismiss [6-1], motion to transfer plf's cmp for improper venue [6-2], motion to dismiss [6-3] & motion to transfer case for forum non conveniens [6-4] is GRANTED. Clms agnst Horipro are separate & distinct from the clms agnst the remaining dfts. Crt therefore severs the 7th, 8th & 10th causes of actn as stated anst Horipro & transfers the case agnst Horipro to the Southern Dist of NY. (ENT 12/12/97). mld cpys & ntcs. (jag) (Entered: 12/16/1997)
12-15-1997 36 NOTICE by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Stanley Eisen, defendant Paul Stanley, defendant Gene Klein of non-opp to dfts' mot to compel resp to req for production of docs & production of docs; decl of Joseph T Gauthier (jag) (Entered: 12/16/1997)
12-15-1997 38 MINUTES: On the crt's own mot the hearing re motion to compel response to production of docs [32-1], motion production of docs [32-2] & motion req for sanctions in the amt of $2,090 agnst plf & his cnsl [32-3] is taken OFF CALENDAR pending fur ord of the crt. by Discovery R. J. Groh CR: n/a (jag) (Entered: 12/17/1997)
12-16-1997 37 DECL OF PATRICK J GRANNAN by plaintiff Vincent Cusano in opp to motion to compel response to production of docs [32-1] (jag) (Entered: 12/17/1997)
12-18-1997 39 SUPPL MEMORANDUM by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Stanley Eisen, defendant Paul Stanley in support of motion to compel response to production of docs [32-1], of motion production of docs [32-2], of motion req for sanctions in the amt of $2,090 agnst plf & his cnsl [32-3] (jag) (Entered: 12/19/1997)
12-23-1997 40 ORDER by Judge John G. Davies; As a suppl to the crt's ord fld 12/1/97, the crt orders that plf may file an amd cmp w/in 20 days of the date of this ord, & dfts may resp w/in 20 days of the date said amd cmp is fld. (jag) (Entered: 12/24/1997)
01-05-1998 41 STIPULATION and ORDER by Discovery R. J. Groh that plf will personally serv a written response w/out objections to the req fo rproduction by the close of business on 12/22/97; All docs in plf's possession, custody or control w/out objections, resp to the req for production by the close of business on 1/7/98. Kiss dfts will take pending mot to compel & req for sanctions off calendar w/out prej to resubmit the mot pending svc of plf's resp to the req for production & plf's production of docs to cnsl for the Kiss dfts (jag) (Entered: 01/07/1998)
01-12-1998 42 NOTICE by plaintiff Vincent Cusano of intent re amending cmp (jag) (Entered: 01/20/1998)
02-03-1998 43 ANSWER filed by defendant Polygram Records Inc to complaint [1-1] (jag) (Entered: 02/04/1998)
02-03-1998 44 ANSWER filed by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to complaint [1-1] (jag) (Entered: 02/04/1998)
02-17-1998 45 MINUTES: It is ordered that cnsl are notified of a ; mandatory status conference set on 2:00 4/6/98 ; Ea pty appearing in this actn sh be represented at the MSC by the atty responsible for the conduct of the trial in this actn. by Judge John G. Davies CR: n/a (jag) (Entered: 02/20/1998)
03-30-1998 46 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to dismiss for failure to sched LR 6 early meeting ; motion hearing set for 1:30 4/20/98; Decl of Max J Sprecher (jag) (Entered: 03/31/1998)
OPPOSITION 48
DECLARATION PATRICK GRANNAN 49
NOTICE OF WITHDRAWAL 50
04-03-1998 47 JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 20 days (jag) (Entered: 04/06/1998)
04-06-1998 48 OPPOSITION by plaintiff Vincent Cusano to motion to dismiss for failure to sched LR 6 early meeting [46-1] (jag) (Entered: 04/08/1998)
04-06-1998 49 DECLARATION of PATRICK J GRANNAN by plaintiff Vincent Cusano in opp to motion to dismiss for failure to sched LR 6 early meeting [46-1] (jag) (Entered: 04/08/1998)
04-06-1998 51 MINUTES: ; mandatory status conference held ;discovery ddl set on 11/6/98 ; pretrial conference on 2:00 11/16/98 ; jury trial set on 9:30 12/1/98 ; Est trial lgth 20 days. by Judge John G. Davies CR: Irene Nakamura (jag) (Entered: 04/15/1998)
04-10-1998 50 NOTICE OF WITHDRAWAL by defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein withdrawing motion to dismiss for failure to sched LR 6 early meeting [46-1] (jag) (Entered: 04/13/1998)
06-04-1998 52 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein for monetary and nonmonetary sanctions ; motion hearing set for 1:30 6/29/98; memo of P/A, declr of Brian G. Wolf in supprt. (et) (Entered: 06/05/1998)
MEMO OF OPPOSITION 53
DECLARATION PATRICK GRANNAN 54
ORDER 55 56
06-08-1998 53 MEMO OF P&A in OPPOSITION by plaintiff Vincent Cusano to motion for monetary and nonmonetary sanctions [52-1] (jag) (Entered: 06/09/1998)
06-08-1998 54 DECLARATION of PATRICK J GRANNAN by plaintiff Vincent Cusano in opp to motion for monetary and nonmonetary sanctions [52-1] (jag) (Entered: 06/09/1998)
06-11-1998 55 ORDER by Judge John G. Davies taking under submission on the motion for monetary and nonmonetary sanctions [52-1] (ab) (Entered: 06/16/1998)
06-16-1998 56 ORDER by Judge John G. Davies; Dft's motion for monetary and nonmonetary sanctions [52-1] is DENIED (jag) (Entered: 06/18/1998)
07-02-1998 57 NOTICE OF MOTION AND MOTION by counter-claimant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc for summary adjudication ; motion hearing set for 1:30 8/3/98 Lodged prop ord & prop stmnt of o/c facts (bg) (Entered: 07/08/1998)
MEMORANDUM OF 61
Declaration of Vincent J Cusano in oppositiont 62
STATEMENT SEPARATE 63
MINUTES 65 76
REPLY 67
ORDER 75
07-08-1998 58 NOTICE OF MOTION AND MOTION by dfts Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc to compel production of docs , resumption of plfs depo , and req for sanctions in the amount of $1290 agnst plf & his cnsl decl of Brian G Wolf re non-compliance & plf refusal to meet & confer motion hearing set for 10:00 7/29/98 (app) (Entered: 07/14/1998)
SEPARATE WRITTEN STATEMENT 59
NOTICE OF ERRATA 60
DECLARATION PATRICK GRANNAN 64
MINUTES 68
07-08-1998 59 SEPARATE WRITTEN STATEMENT by dfts Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc of iss to be determined re motion to compel production of docs [58-1], motion resumption of plfs depo [58-2] (app) (Entered: 07/14/1998)
07-13-1998 60 NOTICE OF ERRATA by defendants correcting motion to compel production of docs [58-1], motion resumption of plfs depo [58-2], motion req for sanctions in the amount of $1290 agnst plf & his cnsl [58-3] (jag) (Entered: 07/15/1998)
07-20-1998 61 MEMORANDUM OF P/A by third-party defendant Roes 1-10, third-party defendant Metaluna Records LLC, counter-defendant Vincent Cusano, counter-defendant Roes 1-10 in opposition to for summary adjudication [57-1] (et) (Entered: 07/21/1998)
07-20-1998 62 Declaration of Vincent J. Cusano in oppositiont by third-party defendant Roes 1-10, third-party defendant Metaluna Records LLC, counter-defendant Vincent Cusano, counter-defendant Roes 1-10 to motion for summary adjudication [57-1] (et) (Entered: 07/21/1998)
07-20-1998 63 STATEMENT SEPARATE disputed issues of fact & law in opposition by third-party defendant Roes 1-10, third-party defendant Metaluna Records LLC, counter-defendant Vincent Cusano, counter-defendant Roes 1-10 re motion for summary adjudication [57-1] (et) (Entered: 07/21/1998)
07-22-1998 64 DECLARATION of PATRICK J GRANNAN by plaintiff Vincent Cusano in opp to motion to compel production of docs [58-1] (jag) (Entered: 07/24/1998)
07-23-1998 66 ORDER OF THE CHIEF JUDGE approved by Judge Terry J. Hatter Pursuant to the recommended procedure adopted by the Court for the creation of the calendar of Judge A Howard Matz, this case is transferred from the calendar of Judge John G. Davies to the calendar of Judge A. H. Matz for all further proceedings. The new case number will now read as CV97-4914 AHM (JGx) (cc: all counsel) (jc) (Entered: 07/28/1998)
07-27-1998 65 MINUTES: Pls take ntc that due to Judge Davies retirement, as of 7/17/98 this actn has now been transferred to the calendar for the Hon Judge A H Matz. The hearing on motion for summary adjudication [57-1] is CONT 10:00 8/17/98. by Judge John G. Davies CR: n/a (jag) (Entered: 07/28/1998)
07-27-1998 67 REPLY by defendant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc to motion for summary adjudication [57-1] on first and twelfth clms for opend book account; decl of Edward Rogers in suppt. (ab) (Entered: 07/30/1998)
07-27-1998 68 MINUTES: On the Crt's own mot, the dfts' hearing on motion to compel production of docs [58-1], motion resumption of plfs depo [58-2] & motion req for sanctions in the amount of $1290 agnst plf & his cnsl [58-3] is CONT 1:30 7/29/98 by Discovery R. J. Groh CR: n/a (jag) (Entered: 07/31/1998)
07-29-1998 69 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to compel production of docs by 3rd pty ctrdft Metaluna Records , and req for sanctions in the amt of $875 agnst plf & his cnsl ; motion hearing set for 10:00 8/26/98; Decl of Grant P Michaelson (jag) (Entered: 08/04/1998)
SEPARATE STATEMENT ISSUES 70
MINUTES 71
07-29-1998 70 SEPARATE STATEMENT of ISSUES by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein re motion to compel production of docs by 3rd pty ctrdft Metaluna Records [69-1] (jag) (Entered: 08/04/1998)
07-29-1998 71 MINUTES: Dft's motion to compel production of docs by 3rd pty ctrdft Metaluna Records [69-1] & motion req for sanctions in the amt of $875 agnst plf & his cnsl [69-2] is GRANTED. Docs are to be produced by 8/3/98. Plf to appear for depo on 8/18/98 & 8/19/98 at 10:00am. Dfts awarded sanctions in sum of $915.00. by Discovery R. J. Groh CR: 98-50(143-700) (jag) (Entered: 08/04/1998)
07-29-1998 74 MINUTES: Dfts have moved to compel responses to docs requests served on cntrdft Metaluna Records on 6/2/98. Mot is taken off calendar. Movant alleges that no responses have been served & it does not appear that any ord ext the time for compliance has been granted or sought. It is ordered that Metaluna Records comply fully w/ FRCP 34 nlt 8/14/98. Movants req for sanctions is granted in the amt of $375. by Discovery R. J. Groh CR: n/a (jag) (Entered: 08/10/1998)
07-30-1998 72 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc for summary adjudication on plf's 11th claim for rel for breach of contract ; motion hearing set for 10:00 9/14/98; decls of Chase Craig, Amanda M Marks, Gene Simmons & Brian G Wolf in suppt thereof. Lodged prop stmt u/f & concl of law, prop ord (dhl) (Entered: 08/04/1998)
REQUEST 73
DECLARATION 77
DECLARATION PATRICK GRANNAN 78
MEMO OF OPPOSITION 79
STATEMENT DISPUTED ISSUES OF FACT LAW 80
REPLY MEMORANDUM IN SUPPORT 82
SUPPL DECLARATION CHASE CRAIG 83
ORDER 84
MINUTES 85
07-30-1998 73 REQUEST by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein for judicial notice re motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] (dhl) (Entered: 08/04/1998)
08-18-1998 73.1 PLACED IN FILE - NOT USED: dfts' separate stmt of u/f & conclusions of law in suppt of mot for summary adjud on 1st & 12th claims (dhl) (Entered: 08/21/1998)
08-18-1998 73.2 PLACED IN FILE - NOT USED: dfts' stmt of u/f & conclusions of law in suppt of mot for summary adjud on plf's 11th claim. (dhl) (Entered: 08/21/1998)
08-18-1998 73.3 PLACED IN FILE - NOT USED: prop ord granting summary adjud of plf's 11th claim for relief. (dhl) (Entered: 08/21/1998)
08-18-1998 73.4 PLACED IN FILE - NOT USED: prop ord granting summary adjud on plf's 1st & 12th claims for relief. (dhl) (Entered: 08/21/1998)
08-18-1998 75 ORDER by Judge A. H. Matz denying motion for summary adjudication [57-1] (dhl) (Entered: 08/21/1998)
08-21-1998 76 MINUTES: The crt hereyby ord that the motion for summary adjudication [57-1] on 1st & 12th clms for open book acct is submitted & will iss an ord by Judge A. H. Matz CR: Donna FitzSimons (app) (Entered: 08/21/1998)
08-31-1998 77 DECLARATION of plaintiff Vincent Cusano in opp to motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] (jag) (Entered: 09/01/1998)
08-31-1998 78 DECLARATION of PATRICK J GRANNAN by plaintiff Vincent Cusano in opp to motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] (jag) (Entered: 09/01/1998)
08-31-1998 79 MEMO OF P&A in OPPOSITION by plaintiff Vincent Cusano to motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] (jag) (Entered: 09/01/1998)
08-31-1998 80 STATEMENT of DISPUTED ISSUES OF FACT & LAW by plaintiff Vincent Cusano in opp to motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] (jag) (Entered: 09/01/1998)
08-31-1998 81 EVIDENTIARY OBJECTIONS by plaintiff Vincent Cusano to Decl of Chase Craig (jag) (Entered: 09/01/1998)
09-04-1998 82 REPLY MEMORANDUM IN SUPPORT by defendants of motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1]; Decl of Tom Nilsen, Evan Spiegel & Grant P Michaelson (jag) (Entered: 09/09/1998)
09-08-1998 83 SUPPL DECLARATION of CHASE CRAIG by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein in suppt of reply memo of P&A in suppt of motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] (jag) (Entered: 09/10/1998)
09-14-1998 85 MINUTES: The motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] is taken under submission by Judge A. H. Matz CR: Phyllis Gunther (cc to all cnsl) (app) (Entered: 09/16/1998)
09-15-1998 84 ORDER by Judge A. H. Matz; Plf's motion for summary adjudication on plf's 11th claim for rel for breach of contract [72-1] is GRANTED. (see doc for memo details). (ENT 9/16/98). mld cpys & ntcs. (jag) (Entered: 09/16/1998)
09-23-1998 86 STIPULATION and ORDER by Judge A. H. Matz The crt cont jury trial to 4/20/99; discovery ddl to 12/21/99 & pretrial conference to 3/29/99 , the law & mot COD is cont to 2/8/99, all other & remaing P/T date are cont by a commensurated period of time based on the aforesaid trial date, it is further ord that exp(s) must be designated by 1/18/99, counter designations by 2/8/99; hrg on mot(s) in limine, jury instr & verdict form or special interrog by 3/29/99 (app) (Entered: 09/25/1998)
10-28-1998 87 NOTICE OF MOTION AND MOTION by dfts Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd & Polygram Records Inc to compel conclusion of depo of plf Vincent Cusano ; decl of Grant P Michaelson; motion hearing set for 10:00 am on 11/18/98 (app) (Entered: 11/03/1998)
JNT STIP OF ISS 88
RE NOTICE OF 89
SUPPLEMENTAL MEMORANDUM 92
MINUTES GRANT 100
MINUTES OF IN CHAMBERS ORDER OFF CALENDAR, UNDER SUBMISSION 596
NOTICE OF CLERICAL ERROR 597
10-28-1998 88 JNT STIP OF ISS by dfts Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd & Polygram Records Inc to be determined re motion to compel conclusion of depo of plf Vincent Cusano [87-1] (app) (Entered: 11/03/1998)
10-30-1998 89 RE-NOTICE OF motion to compel conclusion of depo of plf Vincent Cusano [87-1] dfts Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd & Polygram Records Inc (app) (Entered: 11/03/1998)
11-06-1998 90 NOTICE OF MOTION AND MOTION by defendants Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for summary adjudication on appl of crt ord gr mot to dism ; Memo PA; Decls of Gene Simmons & Brian Wolf in suppt thereof. Motion hearing set for 10:00 11/30/98 (sv) (Entered: 11/18/1998)
ORDER 99
STATEMENT 102
PA OPPOSITION 103
NOTICE OF 105
REPLY MEMORANDUM OF IN SUPPORT 108
MINUTES 111
JUDGMENT 112
11-06-1998 91 REQUEST by defendants Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for judicial notice; Decl of Brian Wolf in suppt thereof. (sv) (Entered: 11/18/1998)
11-06-1998 98 OPPOSITION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to exparte motion for ord continuing hrg on mot for S/J to permit plf ot sub cnsl of his choice [95-1] (jag) (Entered: 11/20/1998)
11-12-1998 92 SUPPLEMENTAL MEMORANDUM by defendants Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein in support of motion to compel conclusion of depo of plf Vincent Cusano [87-1] (sv) (Entered: 11/18/1998)
MINUTES OF IN CHAMBERS ORDER OFF CALENDAR, UNDER SUBMISSION 596
NOTICE OF CLERICAL ERROR 597
11-13-1998 93 NOTICE OF MOTION AND MOTION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to compel production of docs , req for sanctions in the amt of $750 agnst plf & his cnsl ; motion hearing set for 10:00 12/2/98; Decl of Grant P Michaelson (jag) (Entered: 11/19/1998)
SEPARATE WRITTEN STMT OF ISSUES TO BE DETERMINED 94
NOTICE OF 101
11-13-1998 94 SEPARATE WRITTEN STMT OF ISSUES TO BE DETERMINED by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein re motion to compel production of docs [93-1] (jag) (Entered: 11/19/1998)
11-13-1998 95 EX PARTE APPLICATION filed by plaintiff Vincent Cusano for ord continuing hrg on mot for S/J to permit plf ot sub cnsl of his choice (jag) (Entered: 11/20/1998)
DECLARATION PATRICK GRANNAN 96
DECLARATION MARYA PARKER 97
OPPOSITION 98
ORDER 99
11-13-1998 96 DECLARATION of PATRICK J GRANNAN by plaintiff Vincent Cusano in suppt of exparte motion for ord continuing hrg on mot for S/J to permit plf ot sub cnsl of his choice [95-1] (jag) (Entered: 11/20/1998)
11-13-1998 97 DECLARATION of MARYA A PARKER by plaintiff Vincent Cusano in suppt of exparte motion for ord continuing hrg on mot for S/J to permit plf ot sub cnsl of his choice [95-1] (jag) (Entered: 11/20/1998)
11-17-1998 99 ORDER by Judge A. H. Matz granting exparte motion for ord continuing hrg on mot for S/J to permit plf ot sub cnsl of his choice [95-1] resetting hearing on motion for summary adjudication on appl of crt ord gr mot to dism [90-1] 10:00 12/14/98 condition that plf shl file formal subst of atty nlt 11/23/98; plf shl hand srv his opp nlt 11/30/98 noon; rply be due fr filing 12/7/98; crt will not grant any addtl ext to plf (lc) (Entered: 11/24/1998)
11-18-1998 100 MINUTES: GRANT in part DENY in part motion to compel conclusion of depo of plf Vincent Cusano; deft to prep and lodge ord approv as to form by plf by 11/23/98 [87-1] by Discovery R. J. Groh CR: tape 98-74(3700-end) 98-75(0-1715) (lc) (Entered: 11/25/1998)
11-23-1998 101 NOTICE OF non-oppo by plf & Suppl Memo in suppt of dfts' motion to compel production of docs [93-1], & req for sanctions in the amt of $750 agnst plf & his cnsl [93-2] filed by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein (lori) (Entered: 12/02/1998)
11-30-1998 102 Separate STATEMENT of disputed iss of fact & law by plaintiff Vincent Cusano in oppo to motion for summary adjudication on appl of crt ord gr mot to dism [90-1] (lori) (Entered: 12/02/1998)
11-30-1998 103 Memo of PA in OPPOSITION by plaintiff Vincent Cusano to motion for summary adjudication on appl of crt ord gr mot to dism [90-1] (lori) (Entered: 12/03/1998)
12-01-1998 105 NOTICE OF non-oppo by plf to dfts' motion for summary adjudication on appl of crt ord gr mot to dism [90-1] filed by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein (lori) (Entered: 12/07/1998)
12-02-1998 122 MINUTES: re dfts' motion to compel resps to interrogatories of plaintiff Vincent Cusano [116-1], & prod of docs [116-2], & for sanctions [116-3]: the mot is gr as to prod of CMI report, MTV tapes, compiliation of interviews & tapes of phone conversations, & otherwise den. (Plf also adv tht approx 30 addtl resp docs have been found.) All materials to be prod, in hand, by 12/9/98. Dfts awarded Rule 37(a) sanctions in the amt of $1,125.00 againsts plf Cusano, to be pd by plf, in hand, by 12/16/98. W/in 14 days of svc of this ord, plf shall ser & fi decl setting forth, w/ resp to ea paragraph of the req for prod, a detailed acct of all prior efforts to comply w/ the req, etc by Discovery R. J. Groh CR: Tape 98-76(5139-end) 98-77(0-1260) (lori) (Entered: 12/28/1998)
12-04-1998 104 NOTICE of entry of ord on dfts' mot to compel the concl of plf's depo by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein (lori) (Entered: 12/07/1998)
12-07-1998 106 NOTICE OF MOTION AND MOTION by counter-claimant Gene Klein, counter-claimant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc to compel independent mental examination , alt to dismiss pltf's 14th cause of action for defamation , and Request for sanctions in amt of $2080 ; motion hearing set for 10:00 12/30/98 Lodged order (bg) (Entered: 12/09/1998)
STATEMENT 107
MINUTES 115
12-07-1998 107 Separate Written STATEMENT of issues to be determined by counter-claimant Gene Klein, counter-claimant Paul Stanley, defendant Kiss The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc re motion to compel independent mental examination [106-1], motion to dismiss pltf's 14th cause of action for [106-2], motion Request for sanctions in amt of $2080 [106-3] (bg) (Entered: 12/09/1998)
12-07-1998 108 REPLY MEMORANDUM OF P&A IN SUPPORT by counter-claimant Gene Klein, counter-claimant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc of motion for summary adjudication on appl of crt ord gr mot dism [90-1] (bg) (Entered: 12/09/1998)
12-07-1998 109 ATTORNEY SUBSTITUTION: terminating attorney Patrick J Grannan Grannan for Vincent Cusano by plaintiff Vincent Cusano, counter-defendant Vincent Cusano and substituting attorney Federico Castelan Sayre by Judge A. H. Matz (lc) (Entered: 12/11/1998)
12-11-1998 115 MINUTES: telephone conf re dfts' motion to compel independent mental examination [106-1] is den w/out prej for none compliance w/ LR 7.15. Cnsl are to meet & confer on 12/17/98, at 1:30 pm at dfts cnsl's ofc, unless agreed in writing by all cnsl. Sanctions awarded for dfts for fees & costs of ti on this mot, re non coop. Dft to fi its sworn stmt of fees & costs w/in 7 days [106-3] by Discovery R. J. Groh CR: Tape 98-82(2350-5003) (lori) (Entered: 12/18/1998)
12-11-1998 128 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd,Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for protective order , &/or to quash 3rd-pty depo subpoenas & not of depo & accompanying req for prod of docs ; req for sanctions in the amt of $2990 ; motion hearing set for 10:00 1/6/99; memo of PA; decls of Brian G Wolf, Amanda M Marks & Joan Schulman. (lori) (Entered: 01/05/1999)
Suppl Br in suppt 131
MINUTES 132
STIPULATION 141
12-14-1998 128.1 PLACED IN FILE - NOT USED re ord gr S/Adj on appl of crt ord gr mot to dism in favor of dfts. (lori) (Entered: 12/15/1998)
12-14-1998 110 Sched & Cs Mgmt ORDER by Judge A. H. Matz ; jury trial set on 4/20/99 ; pretrial conference on 3/29/99; settlement conference 2/19/99 ; hrg on mot in lim; fi joint & separate jury isntrs & verdict form or special interrogs, prop voir dire Qs & Agreed-to Stmt of Cs 3/29/99; last day for hrg mots 2/8/99. (See last page for dates) (lori) (Entered: 12/15/1998)
12-14-1998 111 MINUTES: granting dfts' motion for summary adjudication on appl of crt ord gr mot to dism [90-1]; crt to fi a stat rep re sttlmnt by 2/19/99. Plf to hand ser to dft any bkcy fi by Judge A. H. Matz CR: Lynne Smith (lori) (Entered: 12/17/1998)
12-14-1998 112 JUDGMENT by Judge A. H. Matz granting dfts' motion for summary adjudication on appl of crt ord gr mot to dism [90-1]. Accord, plf's 1st, 2nd, 3rd, 4th, 5th, 9th, & 10th Clms for rel are dism w/ prej to the ext they seek any damages or recovery of any ant based on facts predating plf's bkcy act commenced on/about 3/7/89, incl w/out limitation clms for songwriter royalties or publ royalties arising fr the Creaturs Compositions &/or the Lick It Up Compositions, & jgm is ent accord. (Ent 12/17/98), mld cpy to dft only. (lori) (Entered: 12/17/1998)
12-17-1998 113 DECLARATION of Parick J Grannan re prod of docs by plaintiff Vincent Cusano (lori) (Entered: 12/17/1998)
12-17-1998 114 DECLARATION of Mary Parker re prod of docs by plaintiff Vincent Cusano (lori) (Entered: 12/17/1998)
12-18-1998 116 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to compel resps to interrogatories of plaintiff Vincent Cusano , & to compel prod of docs , & req for sanctions in the amt of $1500; decl of Grant P Michaelson re non-compl; motion hearing set for 10:00 1/6/99 Lodged Prop Ord (lori) (Entered: 12/21/1998)
STATEMENT 117
MINUTES 122
OPPOSITION 127
Suppl Br 130
12-18-1998 117 Separate Written STATEMENT of Iss to be determined by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein re dfts' motion to compel resps to interrogatories of plaintiff Vincent Cusano [116-1], & to compel prod of docs [116-2] (lori) (Entered: 12/21/1998)
12-18-1998 118 DECLARATION of GRANT P MICHAELSON by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein in suppt of sanctions in the amt of $1343 agnst plf re dfts' efforts to meet & confer re plfs' independent mental exam (jag) (Entered: 12/21/1998)
12-18-1998 119 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/18/98 (Re: ) CR: Briggs Reporting Co. (wdc) (Entered: 12/21/1998)
TRANSCRIPT DESIGNATION 252
AMENDED TRANSCRIPT DESIGNATION, CR DELETE 260
12-18-1998 120 TRANSCRIPT filed for proceedings held on 11/18/98 (wdc) (Entered: 12/21/1998)
12-22-1998 151 MINUTES: Due to the impending retirement of Magistrate Judge Groh, the Court directs the Clerk to assign a new magistrate judge for discovery purposes Case referred to Discovery Ann I. Jones (cc: all counsel) (seal) (Entered: 01/20/1999)
12-23-1998 121 EX PARTE APPLICATION filed by plaintiff Vincent Cusano for order to stay the act Lodged Ord (lori) (Entered: 12/28/1998)
OPPOSITION 124 138
12-23-1998 123 REQUEST for jud not of the bkcy crt fi of Vincent Cusano in cs entitled In re Vincent Cusano aka Vinnie Vincent, debtor, US Bkcy Crt, Central Distr of CA, cs no LA 89-04620 CA by plaintiff Vincent Cusano (lori) (Entered: 12/28/1998)
12-23-1998 129 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to enforce crt ord gr dfts' mot to compel &/or to find plf & his cnsl in contempt , & req for sanctions of $3500 ; motion hearing set for 10:00 1/13/99; decl of Grant P Michaelson. (lori) Modified on 01/05/1999 (Entered: 01/05/1999)
MINUTES 137
OPPOSITION 145 146
MINUTES 152
12-28-1998 124 OPPOSITION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to plf's exparte appl for order to stay the act [121-1] (lori) (Entered: 12/29/1998)
12-28-1998 126 OPPOSITION by plf Vincent Cusano to mot for prot ord &/or mot to quash 3d pty depo subp & ntc of depos & accompanying req for production of docs; req for sanc(s); decl of Thomas A Brill (app) (Entered: 12/29/1998)
12-28-1998 127 OPPOSITION by plf Vincent Cusano to motion to compel resps to interrogatories of plaintiff Vincent Cusano [116-1], to compel prod of docs [116-2] & for sanctions [116-3]; decl of Thomas A Brill (app) (Entered: 01/04/1999)
12-30-1998 130 Suppl Br by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein in suppt of dfts' motion to compel resps to interrogatories of plaintiff Vincent Cusano [116-1], & to compel prod of docs [116-2] (lori) (Entered: 01/07/1999)
12-30-1998 131 Suppl Br in suppt by dftsi Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to motion for protective order [128-1], & to quash 3rd-pty depo subpoenas & not of depo & accompanying req for prod of docs [128-2] (lori) (Entered: 01/07/1999)
01-04-1999 132 MINUTES: thtthe not of mot to compel & the not of motion for protective order [128-1], &/or to quash 3rd-pty depo subpoenas & not of depo & accompanying req for prod of docs [128-2] is taken off calendar by Discovery Ann I. Jones CR: N/A (lori) (Entered: 01/07/1999)
01-04-1999 133 ORDER by Judge A. H. Matz ; discovery ddl reset on 1/31/99 ; hrg shall be hedl bef Mag Judge Ann I Jones set on 10:00 1/15/99 ; pties shall meet & confer &, if disputes remain, fi in the crt (w/ a courtesy cpy del to the chambers of Mag Judge Jones) a joint stip under LR 7.15.2 on all iss on/bef 1/11/99; no discov other than the mtrs at iss in the discov mots shall be sought by either pty pror to the hrg on 1/15/99. (lori) (Entered: 01/07/1999)
01-05-1999 135 ORDER by Judge A. H. Matz denying plf's exparte appl for order to stay the act [134-1] (Ent 1/7/99), mld cpies & nots. (lori) Modified on 01/07/1999 (Entered: 01/07/1999)
01-05-1999 136 Amded JUDGMENT tht crt ents a new jgm amd the Jgm gr S/Adj on appl of crt ord gr mot to dism in favor of dfts, fi on 12/14/98. Plf's 1st thru 10th clms for rel are dism to the ext they seek damages or recovery of any nature based on facts predating plf's bkcy act commenced on/about 3/7/89, incl w/out limitation clms for songwriter royalties or publ royalties arising fr the Creatures Compositions &/or the Lick It up Compositions, & jgm is ent accord. This dism is w/out prej to plf having thoses clms reinstated if plf receives perm fr the bkcy crt to proc on those clms in this cs by Judge A. H. Matz. (Ent 1/7/99), mld cpies & nots. (lori) (Entered: 01/07/1999)
01-06-1999 134 EX PARTE APPLICATION filed by plaintiff Vincent Cusano for order to stay the act Lodged Ord (lori) (Entered: 01/07/1999)
ORDER 135
01-06-1999 137 MINUTES: resetting hearing on motion to enforce crt ord gr dfts' mot to compel &/or to find plf & his cnsl in contempt [129-1] 10:00 1/15/99; plf to fi his oppo to dfts' mot to enf on/bef 1/11/99; dfts' reply, if any, shall be fi on/bef 1/13/99. The crt received the decl of Grant P Michaelson insuppt of sanctions in the amt of $1343 against plf re dfts' efforts to meet & confer re plf's independent mental exam, fi on 12/18/98, & set ofr hrg on 1/6/99. The crt ords the decl str as contrary to the prior ord of Mag Judge Groh. To ensure tht the iss of dfts req for a mental exam of plf, pties are ord to prep/fi w/ the crt, on/bef 1/11/99, a joint stip re whether plf shld be ord to undertaken an independent mental exam, and, if so, where tht exam shld take place. Hrg on dfts' req to conduct an independent mental exam of plf shall be held on 1/15/99 @ 10:00 bef Mag Judge Jones by Discovery Ann I. Jones CR: N/A (lori) (Entered: 01/11/1999)
01-07-1999 138 OPPOSITION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to exparte appl for order to stay the act [121-1] (lori) (Entered: 01/11/1999)
01-08-1999 138.1 PLACED IN FILE - NOT USED re prop ord re plf's ex parte appl for an ord to stay the act. (lori) (Entered: 01/12/1999)
01-08-1999 139 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for summary adjudication on plf's 14th clm for rel for defamation ; memo of PA; decls of Gene Simmons, Paul Stanley ,Ralph Macchio, Susan McEowen, Dr. Saul Faerstein, Dr. Edward Finegan & Brian G Wolf in suppt; motion hearing set for 10:00 2/8/99 Lodged Prop Ord (lori) (Entered: 01/11/1999)
NOTICE OF 162
ORDER 176
01-08-1999 140 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for summary adjudication on plf's 13th clm for infringement of right of publicity ; memo of PA; decl of Gene Simmons, Danny Simon, & Brian G Wolf; motion hearing set for 10:00 2/8/99 Lodged Prop Ord (lori) (Entered: 01/11/1999)
NOTICE OF 162
ORDER 176
01-11-1999 141 Joint STIPULATION to be determined re 1) dfts' motion for protective order [128-1], &/or to quash 3rd-pty depo subpoenas & not of depo & accompanying req for prod of docs [128-2]; 2) dfts' mot to compel resp to Special interrogs & req to compel prod of docs. (lori) (Entered: 01/14/1999)
01-11-1999 142 RE-NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to compel Independent Mental Exam of plf Vincent Cusano , or, alt, to dismiss plf's 14th cause of act for defamation , & req for sanctions in the amt of $2080 ; motion hearing set for 1/15/99; decl of Grant p Michaelson re noncompliance in suppt thereof; decl of Saul J Faerstein, MD. (lori) (Entered: 01/14/1999)
STIPULATION 143
MINUTES 152
01-11-1999 143 Joint STIPULATION of iss to be determined re dfts' motion to compel Independent Mental Exam of plf Vincent Cusano [142-1], or, alt, to dismiss plf's 14th cause of act for defamation [142-2], & req for sanctions in the amt of $2080 [142-3] (lori) (Entered: 01/14/1999)
01-11-1999 144 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for protective order , &/or to quash 3rd pty depo subpoenas, nots of depo, & accompanying req for prod , & to compel resp to interrogatories of propounded on plaintiff Vincent Cusano , & to compel production of docs , & req for sanctions in the amt of $4490 ; motion hearing set for 10:00 1/15/99 (lori) (Entered: 01/14/1999)
01-11-1999 145 OPPOSITION by plaintiff Vincent Cusano to dfts' motion to enforce crt ord gr dfts' mot to compel &/or to find plf & his cnsl in contempt [129-1] (lori) (Entered: 01/14/1999)
01-12-1999 26 NOTICE OF DISCREPANCY AND ORDER by Discovery Ann I. Jones tht not of mot & mot for protective ord &/or to quash subp & to compel, revd 1/11/99 is to be fi/proc. (lori) (Entered: 01/14/1999)
01-12-1999 125 NOTICE OF DISCREPANCY AND ORDER by Discovery Ann I. Jones tht plf's oppo to dft's mot to enforce court ord gr dft's mot to compel, recvd on 1/11/99 is to be fi/proc. (lori) (Entered: 01/14/1999)
01-12-1999 146 OPPOSITION by plaintiff Vincent Cusano to dfts' motion to enforce crt ord gr dfts' mot to compel &/or to find plf & his cnsl in contempt [129-1] (lori) Modified on 01/14/1999 (Entered: 01/14/1999)
01-14-1999 147 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for summary adjudication on 1st & 12th clms for rel for open book acct ; motion hearing set for 10:00 2/8/99 Lodged Stmt of Fact & Jgm; memo of PA; decls of Edward Rgoers, Gene Klein, Paul Stanley, & Brian G Wolf. (lori) (Entered: 01/15/1999)
ORDER 157 176 185 203
PA OPPOSITION 159
STATEMENT 160
NOTICE OF 162
DECLARATION 168
OPPOSITION 170
REPLY 172
Objs mot 174
MINUTES 181
RESPONSE 183 186
Suppl Br 184
01-14-1999 148 Amded & Suppl Not of MOTION by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein for summary adjudication for plf's 14th clm for defamation ; motion hearing set for 10:00 2/8/99 (lori) (Entered: 01/15/1999)
ORDER 157 176 180 203
NOTICE OF 162
PA OPPOSITION 165
STATEMENT 167
DECLARATION 168
OPPOSITION 170
REPLY 172
Objs mot 174
RESPONSE 183
01-14-1999 149 Amded & Suppl Not of MOTION by dfts Polygram Records Inc, Kisstory Ltd,Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for summary adjudication on plf's 13th clm for infringement of rt of publicity ; motion hearing set for 10:00 2/8/99 (lori) (Entered: 01/15/1999)
ORDER 157 176 177 203
NOTICE OF 158 162
PA OPPOSITION 164
STATEMENT 166
DECLARATION 168
OPPOSITION 170
REPLY 172
Objs mot 174
RESPONSE 183
01-15-1999 150 NOTICE OF MOTION AND MOTION by Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for summary adjudication re clms for unpd royalties on revenge compositions ; motion hearing set for 10:00 2/8/99 Lodged Prop stmt, jgm (lori) (Entered: 01/15/1999)
ORDER 157 176 185 203
DECLARATION 161 168
NOTICE OF 162
Memo of PA in oppo 163
STATEMENT 169
OPPOSITION 170
REPLY 172
Objs mot 174
MINUTES 181
RESPONSE 183 186
Suppl Br 184
Response 204
01-15-1999 152 MINUTES: 1) crt den dfts' mot to compel resp to interrogs [144-3]; fur the crt shall ord tht an 8-hr depo of plf's designee be conducted & tht he or she shall be asked the questions posed in dfts' interrogs. 2) Dfts' motion to compel prod of docs & mot to enforce Mag Judge Groh's 12/2/98 [129-1] ord: crt ords def cnsl shall assemble all docs prod by plf to them & prod a cpy of tht collection to plf's cnsl, Mr. Brill. Docs shall be del to Mr. Brill by overnight del & shall arrive at cnsl's ofcs on/bef 1/20/99; Mr. Brill shall then rev the docs, number them sequentially; plf's prod shall be accompanied by a decl stating tht the encl docs constitute the entire universe of docs in the custody or control of plf resp to every doc req propounded by dfts. decl & the accompanying docs shall be del to dfts' cnsl by overnight del & shall arrive at cnsl's ofcs on/bef 1/27/99. Because dfts will know tht every resp doc in plf's possession has been prod, there is no need for fur resp to dfts' doc reqs. Dfts' mot to compel, therefore, is den. Fur, the crt fi tht the design of docs proc enumerated tht plf's cnsl's representations to this crt at the hrg & in to dfts' mot to enf meets the req of Judge Groh/s 12/2/98 ord. Plf, against whom sanctions were levied by Judge Groh, was ord to pay $1,125.00 to dfts. Plf does not have the financial ability to pay tht amt & there are no facts sufficient to suppt dfts' req to fi plf in contempt for failure to pay the amt as ord by the crt. Dfts' req for sanctions based on plf's non-payment of sanctions, therefore, is den. 3) dft's motion for protective order [144-1], & to quash 3rd pty depo subpoenas, nots of depo, & accompanying req for prod [144-2]: crt ords tht a 1-day depo be set for NY City to take the corp designee most knowledgeable on the identified iss. In addt, the crt ords dft Polygram to prod resp docs dir to plf's cnsl, Mr. Brill, at least 24 hrs bef the ti sched for the depo so tht cnsl may have an opportunity to rev the materials & tailor his depo to the narrow iss presented. Depo by written interrog to dfts Gene Klein & Paul Stanley asking them the profits earned fr sales of the Kisstory book, fr 1995 to the present. Crt ords plf to not these 2 depo by written interrog on/bef 1/20/99. Dfts shall subm full resp, signed by ea witn under penalty of perjury, & shall del such resp, to arrive at plf's cnsl ofc ntl 1/27/99. Depo of 3rd-pty witn Terry Smith & prod of docs of all materials prev prod by Mr. Smith to dfts in resp to their subpoena duces tecum. Crt ords plf to subpoena Mr. Smith for his testimony & doc prod in Nashville, TN, during the wk of 1/18/99 for a ti convenient for the witn & to coincide w/ other discov sched for tht wk in Nashville. Depo shld not exceed 4 hrs in length. Crt ords plf to pay reasonable expenses for one atty's ldging for 1 night in Nashville. 4) Dft's motion to compel Independent Mental Exam of plf Vincent Cusano [142-1]: Plf is ord to attend a 3-hr clinical psychiatric interview. The interview shall be conducted by Dr. Faerstein & shall take place in Nashville, TN. Dfts' mot to compel "explanations" w/ re to plf's chgs to depo testimony: on/bef the cl of bus today, dfts will send via facsiminle to the crt certain docs re the outstanding dispute between the pties re the sufficiency of the explanation proffered for chgs made by plf to his depo. Dfts' req for sanctions [142-3]: the crt amds Mag Groh's 12/2/98 ord to the ext tht sanctions shall be pd by former & present cnsl for plf, not by plf, in the amt of $1,125.00, pd on/bef 2/16/99. Dft remaining request for sanctions, monetary or otherwise are den by Mag Judge Ann I Jones CR: N/A (lori) Modified on 01/26/1999 (Entered: 01/26/1999)
01-20-1999 153 EX PARTE APPLICATION filed by plaintiff Vincent Cusano for order to cont the mots for S/adj Lodged Prop Ord (lori) (Entered: 01/26/1999)
OPPOSITION 156
ORDER 157
01-20-1999 154 Designation of expert WITNESSES submitted by plaintiff Vincent Cusano (lori) (Entered: 01/26/1999)
01-20-1999 155 MINUTES: to expedite the resol of this single iss, the Mag Judge agreed to rev the iss w/out the benefit of req tht the pties meet & confer or prep a joint stip on this single iss. Instead, the crt ord def cnsl to subm to the crt: 1) Mag Judge Groh's ord dtd 11/18/98 & 11/30/98 ord Mr. Cusano to prov explanations for the numerous chgs made by plf to his depos transcrs; 2) the plf's 12/8/98 "explanations" for his chgs; & 3) subsequent correspondence between the pties relating to the sufficiency of the explanations prov by plf. On 1/15/99, def cnsl faxed these docs to the Mag Judge. Having rev Judge Groh's ords & plf's proffer in resp to those ords, the Mag Judge fi tht the info prov by Vincent Cusano on 12/8/98 fully satisfies the crt's ord. Accord, no fur explanations re chgs made by Vincent Cusano shall be req by Discovery Ann I. Jones CR: N/A (lori) (Entered: 01/26/1999)
01-21-1999 156 OPPOSITION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to plf's exparte appl for order to cont the mots for S/adj [153-1] (lori) (Entered: 01/26/1999)
01-22-1999 156.1 PLACED IN FILE - NOT USED re prop ord re plf's ex-parte appl for an ord to cont the mots for S/Adj. (lori) (Entered: 01/25/1999)
01-22-1999 157 ORDER by Judge A. H. Matz granting plf's exparte appl for order to cont the mots for S/adj [153-1] resetting hearing on dft's motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1]; dft's motion for summary adjudication on plf's 13th for infringement of rt of publicity [149-1]; dft's motion for summary adjudication for plf's 14th clm for defamation [148-1]; dft's motion for summary adjudication on 1st & 12th clms for rel for open book acct [147-1] are contd 10:00 2/22/99; plf's opps to dfts' mots must be fi on/bef 2/1/99; dfts must fi 1 consol reply on the 4 mots, not to exceed the page limit set in the LR, on/bef 2/8/99. (lori) (Entered: 01/26/1999)
01-25-1999 157.1 LODGED 1 Envelope submitted by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein (FWD TO CRD) (lori) (Entered: 01/26/1999)
01-25-1999 158 NOTICE OF ldging single cpy of the Kisstory Publ oversized hardcover bk in suppt of dfts' motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1] filed by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein (lori) (Entered: 01/26/1999)
02-01-1999 163 Memo of PA in oppo by plaintiff Vincent Cusano to dfts' motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1] (lori) (Entered: 02/04/1999)
02-01-1999 164 Memo of PA in OPPOSITION by plaintiff Vincent Cusano to motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1] (lori) (Entered: 02/04/1999)
02-01-1999 165 Memo of PA in OPPOSITION by plaintiff Vincent Cusano to dfts' motion for summary adjudication for plf's 14th clm for defamation [148-1] (lori) (Entered: 02/04/1999)
02-01-1999 166 STATEMENT Gen Iss in oppo by plaintiff Vincent Cusano to motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1] (lori) (Entered: 02/04/1999)
02-01-1999 167 STATEMENT of Gen Iss in oppo by plaintiff Vincent Cusano to motion for summary adjudication for plf's 14th clm for defamation [148-1] (lori) (Entered: 02/04/1999)
02-01-1999 168 DECLARATION of Vincent Cusano by plaintiff Vincent Cusano in suppt of oppo to motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1], motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1], motion for summary adjudication for plf's 14th clm for defamation [148-1], motion for summary adjudication on 1st & 12th clms for rel for open book acct [147-1] (lori) (Entered: 02/04/1999)
02-01-1999 169 STATEMENT of Gen Iss by plaintiff Vincent Cusano in oppo to motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1] (lori) (Entered: 02/04/1999)
02-02-1999 159 Memo of PA in OPPOSITION by plaintiff Vincent Cusano to dfts' motion for summary adjudication on 1st & 12th clms for rel for open book acct [147-1] (lori) (Entered: 02/03/1999)
02-02-1999 160 STATEMENT of Gen Iss by plaintiff Vincent Cusano in oppo to motion for summary adjudication on 1st & 12th clms for rel for book acct [147-1] (lori) (Entered: 02/03/1999)
02-02-1999 161 DECLARATION of Philip L Ames by plaintiff Vincent Cusano in suppt of oppo to dfts' motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1] (lori) (Entered: 02/03/1999)
02-02-1999 162 NOTICE OF motion for summary adjudication re: clms for unpd royalties on revenge compositions [150-1], plf's 13th clm for infringement of rt of publicity [149-1], plf's 14th clm for defamation [148-1], 1st & 12th clms for rel for open book acct [147-1], plf's 13th clm for infringement of right of publicity [140-1], plf's 14th clm for rel for defamation [139-1] filed by defendant Polygram Records defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein (dfts' S/Adj mots) (lori) (Entered: 02/03/1999)
02-04-1999 170 OPPOSITION by plaintiff Vincent Cusano to not of non-oppo by plf to dfts' mots for summary adjudication re clms for unpd royalties on revenge compositions [150-1], on plf's 13th clm for infringement of rt of publicity [149-1], for plf's 14th clm for defamation [148-1], on 1st 12th clms for rel for open book acct [147-1] (lori) (Entered: 02/05/1999)
02-08-1999 172 REPLY Mmeo of PA in suppt by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein of dfts' separare mot for summary adjudication re clms for unpd royalties on revenge compositions [150-1], motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1], motion for summary adjudication for plf's 14th clm for defamation [148-1], motion for summary adjudication on 1st & 12th clms for rel for open book acct [147-1] (lori) (Entered: 02/10/1999)
02-08-1999 173 Objs & MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to strike portions of the decls of plf Vincent Cusano, Thomas Brill, Philip Ames, Greg Rhoades, William Perry, Steve Flatt, Diane Cusano, Leslie Kero & Barbara Kero fi in oppo to dfts' mots for S/Adj ; motion hearing set for 10:00 2/22/99 (lori) (Entered: 02/10/1999)
02-08-1999 174 Objs & mot by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein & mot to str portions of the decls of plf Vincent Cusano, et al in oppo to dfts' motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1], motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1], motion for summary adjudication for plf's 14th clm for defamation [148-1], motion for summary adjudication on 1st & 12th clms for rel for open book acct [147-1] (lori) (Entered: 02/10/1999)
02-09-1999 171 ATTORNEY SUBSTITUTION: terminating attorney Patrick J Grannan for Vincent Cusano, for Metaluna Records LLC by third-party defendant Metaluna Records LLC, cntdft/plaVincent Cusano and substituting attorney Federico Castelan Sayre by Judge A. H. Matz (lori) (Entered: 02/10/1999)
02-09-1999 175 RECEIPT OF TRANSCRIPT of proceedings for the following date: 12/14/98 (Re: ) CR: Lynne Smith (wdc) (Entered: 02/12/1999)
TRANSCRIPT DESIGNATION 252
AMENDED TRANSCRIPT DESIGNATION, CR DELETE 260
02-11-1999 176 ORDER by Judge A. H. Matz granting dfts' motion for summary adjudication [150-1], [149-1], [148-1], [147-1], [140-1], [139-1] & dism for failure to state a clm all clms insofar as they relate to royalties on the Pre-Petition Songs. (Nunc Pro Tunc 12/14/99), mld cpies & nots, (Ent 2/16/99) (lori) (Entered: 02/16/1999)
02-17-1999 176.1 PLACED IN FILE - NOT USED (Propsd) jgm/ord granting sum adj on plf's 13th clm for infringement of right of publicity in favor of dfts (app) (Entered: 02/19/1999)
02-17-1999 177 ORDER by Judge A. H. Matz denying dfts' motion for summary adjudication on plf's 13th clm for infringement of rt of publicity [149-1] w/out prej. Crt ords tht plf's 13 clm is dism, to be reinstated only at such as the Bkcy Crt might rel the clm to plf. If it does, dfts may fi a renewed mot for sum adj on this clm. (Ent 2/19/99), mld cpies & nots. (lori) (Entered: 02/19/1999)
02-18-1999 178 Cnt-Design of expert witn submitted by plaintiff Vincent Cusano (lori) (Entered: 02/22/1999)
02-19-1999 179 NOTICE OF ldging of orig Sonwriter Agreements in suppt of dfts' mots for S/Adj filed by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein (lori) (Entered: 02/23/1999)
02-22-1999 181 MINUTES: hearing on dfts' motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1] & motion for summary adjudication 1st & 12th clms for rel for open book acct [147-1] 10:00 is contd 3/8/99; dfts mot for S/Adj on the 14 clm for rel for defamiation - gr; crt will iss an ord req cnsl to fi furbr by 3/1/99; crt vacs all pretrial dates, to be re-set by Judge A. H. Matz CR: Lynne Smith (lori) (Entered: 02/25/1999)
02-23-1999 180 ORDER by Judge A. H. Matz granting dft's motion for summary adjudication for plf's 14th clm for defamation [148-1] (Ent 2/24/99), mld cpies & nots. (lori) (Entered: 02/24/1999)
02-23-1999 182 ORDER req fur br on dfts' pending mots for S/Adj; on/bef 3/4/99, dfts shall fi a resp to plf's fi, addressing 1) the evid subm by plf in resp to questions 2&4, abv; 2) assuming plf asserts tht he can state a cause of act for unpd royalties arising more than 2 yrs prior to the fi of his lawsuit, or tht he can maintain his op bk acct clm based on the 12/93, royalty stmt, reply to tht arg. The hrg on the pending mots shall be held on 3/8/99 by Judge A. H. Matz (lori) (Entered: 02/25/1999)
03-01-1999 183 RESPONSE by plaintiff Vincent Cusano to crt ord req fur br on the dfts' pending motion for summary adjudication: re clms for unpd royalties on revenge compositions [150-1]; plf's 13th clm for infringement of rt of publicity [149-1], for plf's 14th clm for defamation [148-1], on 1st & 12th clms for rel for open book acct [147-1] (lori) (Entered: 03/04/1999)
03-04-1999 184 Suppl Br by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein purs to crt ord of 2/22/99 in fur suppt of dfts' mots 1) for summary adjudication on 1st & 12th clms for rel for open book acct [147-1]; 2) summary adjudication re clms for unpd royalties on revenge compositions [150-1] (lori) (Entered: 03/05/1999)
03-05-1999 185 ORDER by Judge A. H. Matz tht ptiesto show cause in writing on/bef 3/10/99, why this crt shld not appt a forensic handwriting examiner as an expert witn in this cs to determine the genuineness of the sign in the name of Vincent Cusano affixed to the agreements ldoge w/ the crt by dfts on 2/19/99. Fees & costs of the exp would be div equally between the pties. Dfts' 2 pending mots 1) for summary adjudication re clms for unpd royalties on revenge compositions [150-1]; 2) for summary adjudication on 1st & 12th clms for rel for open book acct [147-1] are taken off calendar & will be re-cal if nec. (lori) (Entered: 03/08/1999)
RESPONSE 186
03-10-1999 186 RESPONSE by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein to OSC [185-1] (lori) (Entered: 03/11/1999)
03-11-1999 186.1 PLACED IN FILE - NOT USED re stip to cont exp depos & pretrial mtrs; etc. (lori) (Entered: 03/12/1999)
03-17-1999 189 ORDER re plf to subm to forensic examiner Bruce Greenwood or, alt, setting br dates on dfts' mot for S/Adj on 1st & 12th clms for op book acct. If in lieu of using Mr. Greenwood, plf subms oppo to dfts' pending mots for sum Adj, dfts' reply papers shall be fi on/bef 4/12/99. No hrg will be set on those mots unless ord by this crt by Judge A. H. Matz (lori) (Entered: 03/24/1999)
03-19-1999 187 NOTICE OF MOTION AND MOTION by plaintiff Vincent Cusano to withdraw attorney Federick Sayre & Thomas A Brill for plf ; motion hearing set for 10:00 4/12/99 Lodged P/O (lori) (Entered: 03/23/1999)
ORDER 188
MINUTES 210
03-22-1999 188 ORDER by Judge A. H. Matz resetting hearing on motion to withdraw attorney Federick Sayre & Thomas A Brill for plf [187-1] 10:00 4/19/99; & req attendance of plf & his cnsl; clarifying ord of 3/17/99 re forensic examiner; & req addtl information fr dfts. (Ref to doc for details) (lori) (Entered: 03/24/1999)
03-22-1999 190 EX PARTE APPLICATION filed by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for clarification of crt ord dtd 3/17/99 req plf to subm to forensic examiner Bruce Greenwood (lori) (Entered: 03/25/1999)
03-22-1999 191 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for sanctions in the amt of $2500 agaisnt cnsl for plf , & for order to show cause re contempt by plf's cnsl ; motion hearing set for 10:00 4/12/99 (lori) (Entered: 03/25/1999)
MINUTES 200
OPPOSITION 201
ORDER 203
03-22-1999 192 NOTICE OF MOTION AND MOTION by dfts Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein for monetary & non-monetary sanctions , or, for iss est or iss precl sancs ; req for monetary sanctions of $8,700 sanctions ; motion hearing set for 10:00 4/12/99 (lori) (Entered: 03/25/1999)
REPLY 198
MINUTES 200
OPPOSITION 202
ORDER 203
STATEMENT 209
03-26-1999 193 NOTICE OF MOTION AND MOTION by Mary A Parker, of Parker & Crofford for plaintiff Vincent Cusano to withdraw attorney of record for plf ; motion hearing set for 10:00 4/19/99 Lodged P/O (lori) (Entered: 03/29/1999)
AMENDED 194
NOTICE OF 196
Amded Not of Mot Mot 197
MINUTES 206
ORDER 207 208
MEMORANDUM OF IN OPPOSITION 251
03-30-1999 194 AMENDED Not of Mot & mot by plaintiff Vincent Cusano to [193-1] (lori) (Entered: 04/05/1999)
04-01-1999 195 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz tht Amded not of mot/prop ord, recvd 3/30/99 is to be fi/proc. (lori) (Entered: 04/05/1999)
04-01-1999 197 Amded Not of Mot & Mot by plaintiff Vincent Cusano to w/draw as atty of record for Vincent Cusano as plf & x-dft & Metaluna Records as x-dft [193-1] (lori) (Entered: 04/12/1999)
04-05-1999 196 NOTICE OF qualified non-oppo ito plfs' motion to withdraw attorney of record for plf [193-1] filed by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Kiss Company The, defendant Paul Stanley, defendant Gene Klein (lori) Modified on 04/12/1999 (Entered: 04/06/1999)
04-05-1999 198 Joint REPLY by defendant Polygram Records Inc, defendant Kisstory Ltd, defendant Simstan Music Ltd, defendant Gene Simmons World, defendant Paul Stanley, defendant Gene Klein in suppt of motions for monetary & non-monetary sanctions [192-1]; not of no oppo by plf to mots for sancs; decls of Brian G Wolf. (lori) Modified on 04/12/1999 (Entered: 04/12/1999)
04-05-1999 199 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz tht amded not of mot to w/draw as atty of rec, recvd 4/1/99 is to be fi/proc. (lori) (Entered: 04/12/1999)
04-09-1999 201 OPPOSITION by plaintiff Vincent Cusano to dfts' motion for sanctions in the amt of $2500 agaisnt cnsl for plf [191-1], & for order to show cause re contempt by plf's cnsl [191-2] (lori) (Entered: 04/12/1999)
04-09-1999 202 OPPOSITION by plaintiff Vincent Cusano to dfts' motion for monetary & non-monetary sanctions [192-1], for iss est or iss precl sancs [192-2], & for monetary sanctions of $8,700 sanctions [192-3] (lori) (Entered: 04/12/1999)
04-12-1999 200 MINUTES: dfts' motion for sanctions in the amt of $2500 agaisnt cnsl for plf [191-1] & for order to show cause re contempt by plf's cnsl [191-2]; dfts' motion for monetary & non-monetary sanctions [192-1] or for iss est or iss precl sancs [192-2] is taken under subm by Judge A. H. Matz CR: Maria Beasley (lori) (Entered: 04/12/1999)
04-12-1999 204 Response to Court Orders of 3/17/99 & 3/22/99; Supplemental Reply Brief in further support by counter-claimant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc of motion for summary adjudication re clms for unpd royalties on revenge compositions [150-1] (bg) (Entered: 04/15/1999)
04-13-1999 203 ORDER by Judge A. H. Matz GRANTING Dfts' motns for sum adj; imposing rule 56(G) Sanctions; GRANTING IN PART Dfts' mtns for sanctions; & Plfs OSC in writing by nlt 4/26/99 why his clms should not be DISM WITH PREJ. [150-1], [149-1], [148-1], [147-1], [192-1], [192-2], [192-3], [191-1], [191-2] (ENT 4/14/99), mld copie & ntc (pj) (Entered: 04/14/1999)
04-13-1999 206 MINUTES: plf's motion to withdraw attorney of record for plf [193-1] will be hrd 10:00 4/19/99; plf will be perm to appear telephonically ifhe makes ti arrangements w/ the ctr's clk by Judge A. H. Matz CR: N/R (lori) (Entered: 04/19/1999)
04-15-1999 205 DECLARATION of Thomas A Brill re compliance w/ LR 2.8.2.3 by plaintiff Vincent Cusano (lori) (Entered: 04/16/1999)
04-16-1999 209 STATEMENT fees & costs per ord by Gene Klein, Paul Stanley, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The re motion for monetary & non-monetary sanctions [192-1]; decl of Brian G Wolf (lc) (Entered: 04/21/1999)
04-19-1999 209.1 PLACED IN FILE - NOT USED defts stmt of uncontrv facts (lc) (Entered: 04/21/1999)
04-19-1999 209.2 PLACED IN FILE - NOT USED defts prop jdmt (lc) (Entered: 04/21/1999)
04-19-1999 209.3 PLACED IN FILE - NOT USED defts prop jdmt re unpaid royalties (lc) (Entered: 04/21/1999)
04-19-1999 209.4 PLACED IN FILE - NOT USED defts prop stmt re s/adju re unpd royalties (lc) (Entered: 04/21/1999)
04-19-1999 209.5 PLACED IN FILE - NOT USED plf prop ord re w/d atty (lc) (Entered: 04/21/1999)
04-19-1999 207 ORDER by Judge A. H. Matz granting Mary A Parker motion to withdraw attorney of record for plf [193-1] (lc) (Entered: 04/21/1999)
04-19-1999 208 ORDER by Judge A. H. Matz granting amded motion to withdraw attorney of record for plf [193-1]; attorney Federico Castelan Sayre for Vincent Cusano, attorney Federico Castelan Sayre for Metaluna Records LLC (lori) (Entered: 04/21/1999)
04-19-1999 210 MINUTES: Hrg on Federico Sayre mots to w/d and Mary Parker mots to w/d as atty; Crt ORD granting Mary Parker & Federico Sayres mots to w/d as atty [187-1]; Crt mks oral findgs; Cusano to resp to 4/13/99 ord by 5/3/99; Cusano to pay personally $520.00 for non appr at his depo by Judge A. H. Matz CR: Lynne Smith (lc) (Entered: 04/21/1999)
04-19-1999 211 DECLARATION of Vicotr Cusano by plaintiff Vincent Cusano (lc) (Entered: 04/21/1999)
04-20-1999 212 PROOF OF SERVICE by plaintiff Vincent Cusano on 4/19/99 of ord gr s/adj by mail (lc) (Entered: 04/21/1999)
04-21-1999 213 DECLARATION of Thomas A Brill re stmt of compliance w/ 4/19/99 ord by plaintiff (lc) (Entered: 04/23/1999)
04-28-1999 214 DECLARATION of Mary A Parker re stmt of compliance w/crt ord of 4/19/99 by Mary A Parker former cnsl for plf (lc) (Entered: 04/30/1999)
04-30-1999 214.1 PLACED IN FILE - NOT USED re prop ord gr mot for addtl ti for plf Vincent Cusano to resp. (lori) (Entered: 05/03/1999)
04-30-1999 214.2 PLACED IN FILE - NOT USED re not of mot & decl of plf rq addtl ti. (lori) (Entered: 05/03/1999)
04-30-1999 214.3 PLACED IN FILE - NOT USED re decl of V. Cusano. (lori) (Entered: 05/03/1999)
04-30-1999 215 ORDER plf req for cont of 5/3/99 deadline for filing his resp to crt's inquiries is denied; if plf resp not fld on or vf that date crt will procd in the manner indicated at 4/19/99 hrg by Judge A. H. Matz (lc) (Entered: 05/04/1999)
05-03-1999 217 NTC & MOT AND DECL REQUEST by plaintiff Vincent Cusano for addtl time for plf to resp (lc) (Entered: 05/06/1999)
05-05-1999 216 ORDER denying plfs mot for addtl time to resp to OSC; declining to award addtl sanctions to defts, declining to dism actn w/prej as sanctions fr crt abuses & req defts to file dism of cntlcms on or bf 5/18/99 and by that same date defts must also file a prop jdmt reflecitng dispositionof all clms in this actn by Judge A. H. Matz (ENT 5/6/99) mld cpy plf, mld ntcs (lc) (Entered: 05/06/1999)
05-19-1999 218 NOTICE & ORDER 3dpty plf KISS Catalog Ltd successor inint to THE KISS Company and Cntclmnts gene Kein pka gene Simmons & Paul Stanley voluntary dism cntclm & 3dpty cmplt by Judge A. H. Matz [8-1](ENT 5/21/99) (lc) (Entered: 05/21/1999)
05-24-1999 220 NOTICE OF DISCREPANCY AND ORDER ntc & mot w/o ntc/untimely and no p/s be rejected by Judge A. H. Matz (lc) (Entered: 05/27/1999)
05-24-1999 221 OPPOSITION TO DEFTS PROP JDMT (faxed) by plaintiff Vincent Cusano (lc) (Entered: 05/27/1999)
05-25-1999 219 JUDGMENT AND ORDER complt dism w/prej on merits, plf tk nothing and plf shl pay all costs of suit incurred by defts, atty fees may be sought by defts w/i 15 days of ent of this jdmt; ;lf will hv an opp to opp award of atty fees by Judge A. H. Matz terminating case (ENT 5/27/99) mld ntcs MDJS-6 (lc) (Entered: 05/27/1999)
NOTICE OF CHANGE OF HRGING DATE 225
05-25-1999 222 OPPOSITION TO DEFTS PROP JDMT (w/exhibits) by Vincent Cusano (lc) (Entered: 05/27/1999)
06-09-1999 223 NOTICE OF MOTION AND MOTION by defts Gene Klein pka Gene Simmons, Polygram Records Inc, Simstan Music Ltd, Gene Simmons Worldwide Inc, Kiss Company The, Stanley Eisen, Paul Stanley for monetary sanctions , or in alt for OSC directing plf cnsl to show cause why FRCP rule 11 has not bn violated ;P&A; decl of Brian G Wolf in suppt; motion hearing set for 10:00 7/26/99 Lodged bill of costs (lc) (Entered: 06/11/1999)
Ntc of change of Hrging date 224
NOTICE OF CHANGE OF HRGING DATE 225
OPPOSITION 226 229 242
DECLARATION 227
MEMO IN OPPOSITION 228
NTC OF NON OPPOSITION 230
CONSOLIDATED REPLY 232
Objections 233
Amended ntc 234
MINUTES 235 272
MEMO OF IN OPPOSITION 237
Ntc of opp 239
06-10-1999 224 Ntc of change of Hrging date by defendants Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein of motion for order awarding attys fees & costs [223-1] purs to CA Cive code 3344(a),[223-2] (yc) (Entered: 06/16/1999)
06-10-1999 225 NOTICE OF CHANGE OF HRGING DATE by defendants Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley, Gene Klein to motion for monetary sanctions [223-1], & for OSC directing cnsl to show cause why FRCP rule 11 has not bn violated [223-2] (yc) Modified on 06/16/1999 (Entered: 06/16/1999)
06-16-1999 225 NOTICE OF APPEAL by plaintiff Vincent Cusano to 9th C/A from Dist. Court jgm fld 5/25/99, ent 5/27/99 [219-2] (cc: Vincent Cusano; Lavely & Singer Professional Corp.; Manatt Phelps Rothenberg & Phillips) Fee: Paid (wdc) (Entered: 06/29/1999)
NOTIFICATION 244
RECEIPT OF TRANSCRIPT 258
AMENDED TRANSCRIPT DESIGNATION, CR DELETE 260
Desig of Additional Record on appeal fvap Entered 263
CERTIFIED COPY 277
MAIL 289 293
07-12-1999 226 OPPOSITION by plaintiff Vincent Cusano to motion for monetary sanctions [223-1] (lc) (Entered: 07/14/1999)
07-12-1999 227 DECLARATION of Thomas A Brill in suppt of opp by plaintiff Vincent Cusano re motion for monetary sanctions [223-1] (lc) (Entered: 07/14/1999)
07-12-1999 228 MEMO IN OPPOSITION by Patrick J Grannan, Kaslow & Grannan to motion for monetary sanctions [223-1] (lc) (Entered: 07/14/1999)
07-12-1999 229 OPPOSITION by Mary A Parker indv & dba Parker & Crofford (former plf cnsl) to motion for monetary sanctions [223-1] (lc) (Entered: 07/14/1999)
07-19-1999 230 NTC OF NON OPPOSITION by Gene Klein, Kiss Catalog Ltd, Paul Stanley, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World to motion for monetary sanctions [223-1] (lc) (Entered: 07/21/1999)
07-19-1999 231 NOTICE OF NON OPPOSITION by Gene Klein, Paul Stanley, Kiss Catalog Ltd, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World to defts mot for ord awarding atty fees & costs (lc) (Entered: 07/21/1999)
07-19-1999 232 CONSOLIDATED REPLY by Gene Klein, Paul Stanley, Kiss Catalog Ltd, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World to opp to motion for monetary sanctions [223-1]; decl of Grant P Michaelson (lc) (Entered: 07/21/1999)
07-19-1999 233 Objections to decl of Thomas a Brill in opp by Gene Klein, Paul Stanley, Kiss Catalog Ltd, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World to motion for monetary sanctions [223-1] (lc) (Entered: 07/21/1999)
07-20-1999 234 Amended ntc to plf opp by plaintiff Vincent Cusano to motion for monetary sanctions [223-1] (lc) (Entered: 07/21/1999)
07-21-1999 235 MINUTES: In chambers: Hrg on defts motion for atty fees, costs and monetary sanctions [223-1] & for OSC directing plf cnsl to show cause why FRCP rule 11 has not bn violated [223-2] is vacated and subm w/o oral argmt by Judge A. H. Matz CR: none (lc) (Entered: 07/22/1999)
07-22-1999 236 NOTICE OF DISCREPANCY AND ORDER ex parte for mot to resched frm 7/26 to 8/19/99 w/o prop ord be rejected by Judge A. H. Matz (lc) (Entered: 07/26/1999)
07-22-1999 237 MEMO OF P&A IN OPPOSITION by Vincent Cusano to motion for atty fees & costs [223-1] (lc) (Entered: 07/26/1999)
07-23-1999 238 NOTICE OF DISCREPANCY AND ORDER memo P&A in opp to atty fees & costs excd 25 pgs, and w/o table of contents be fld by Judge A. H. Matz (lc) (Entered: 07/26/1999)
07-26-1999 239 Ntc of opp by Vincent Cusano to motion for monetary sanctions & costs tkn und subm [223-1] (lc) (Entered: 07/26/1999)
07-26-1999 241 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz that the memo of PA rcd 7/23/99 is not to be filed but instead rejected & ord returned to cnsl. (twdb) (Entered: 07/28/1999)
07-27-1999 240 MINUTES: Re defts mot for ord award atty fees & costs; crt has not reached decision re merits of mot; Crt ORD defts cnsl to file w/crt on or bf 8/9/99 time and fee fr ea atty re categories of labor w/defending sect 3344 clm (see file for listing) and A brief not to excd 10 pgs excluding exhs and preferably in outline form how expense relates to defts defense of 13th cause of actn; defts not to sk fees or costs for mots to compel of unattended depos for wh already reimbursed; defts adv fees will be dnied to ext that defts hv not provided detailed in for outlined in this ord by Judge A. H. Matz CR: none (lc) (Entered: 07/28/1999)
07-29-1999 242 OPPOSITION by plaintiff Vincent Cusano to motion for atty fees & costs [223-1] (lc) (Entered: 07/30/1999)
07-29-1999 243 NOTICE OF DISCREPANCY AND ORDER memo P&A in opp of atty fees & costs w/prf indicating a different document being srv be rejected by Judge A. H. Matz (lc) (Entered: 07/30/1999)
08-02-1999 244 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [225-1] 99-56131 (dlu) (Entered: 08/02/1999)
08-03-1999 246 EX PARTE APPLICATION filed by dfts Paul Stanley, The Kiss Company , Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc to extend time to submit suppl briefing purs to crt order dated 07/27/99; decl of Grant P Michaelson in suppt. Lodged P/O (yc) (Entered: 08/05/1999)
08-04-1999 245 ORDER by Judge A. H. Matz; It is ordered that dfts Gene Klein pka Gene Simmons, Paul Stanley, Kisstory Ltd, The Kiss Co & PolyGram Records are granted a 10-business day ext of time to 8/23/99 to submit suppl br ordered by the Crt in its ord dtd 7/27/99 requiring dfts to provide fur br w/ respect to dfts' unopposed mot for ord awarding attys' fees & costs. (jag) (Entered: 08/05/1999)
08-05-1999 247 OPPOSITION by plaintiff Vincent Cusano to motion for ord awarding attys fees & costs (jag) (Entered: 08/06/1999)
08-09-1999 248 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz that memo of P&A in opp to atty fees & costs, rcvd on 8/5/99, is not to be fld, but instead, rejected & returned to cnsl (jag) (Entered: 08/11/1999)
08-18-1999 249 EX PARTE APPLICATION filed by defendants for an order permitting the clk to conduct a hrg to tax costs Lodged propsd ord (jp) (Entered: 08/19/1999)
OPPOSITION 250
ORDER 259
08-18-1999 250 OPPOSITION by plaintiff Vincent Cusano to ex parte appl for an order permitting the clk to conduct a hrg to tax costs [249-1] (jp) (Entered: 08/19/1999)
08-19-1999 251 MEMORANDUM OF P/A IN OPPOSITION by plaintiff Vincent Cusano of attorney fees & costs [193-1] (jp) (Entered: 08/25/1999)
08-23-1999 253 SUPPL BRIEF in suppt of mot for ord awarding atty fees & costs FILED by defendant (lc) (Entered: 08/31/1999)
08-23-1999 254 DECLARATION of Grant P Michaelson in suppt of suppl br in suppt of mot for atty fees & costs by defendant (lc) (Entered: 08/31/1999)
08-25-1999 256 AMENDED PROOF OF SERVICE by defendant on 8/23/99 of suppl brief, decl of Grant P Michaelson in suppt by mail at plf current address (lc) (Entered: 09/02/1999)
08-26-1999 252 TRANSCRIPT DESIGNATION and ordering form for dates: 11/18/98, (Tape) re transcript [175-1],; 12/14/98, CR: Lynne Smith re transcript [119-1] 4/19/99, CR: Lynne Smith; 12/11/98, Tape 98-82; 4/12/99, CR: Maria Beesley. (fvap) (Entered: 08/30/1999)
08-26-1999 257 9th CCA Order: applnt's mot for an ext of ti to desgn transcs is gr. Transcs are due 9/17/99. Applnt is reminded tht cpy of all subms to this crt must be provided to opp cnsl; all subms must include stmt tht applnt has done so. Cpy of the mot shll be provided to cnsl for aplle Horipro Entertainment Group along w/ this ord. Briefing sched is as follows: opening brief & excerpts of record are due 10/27/99, ans brief due 11/26/99, & optional reply brief due 14 dys frm svc of ans brief. Cpy of this ord shll be provided to Crt Rptr Supervisor Dawn Bullock. CA #99-56131 (dlu) (Entered: 09/03/1999)
08-31-1999 255 OPPOSITION by plaintiff Vincent Cusano to defts mot for atty fees & costs (lc) (Entered: 09/01/1999)
09-07-1999 260 AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: 12/14/98, re transcript [258-1], re transcript [175-1], re transcript [119-1] CR: Lynne Smith ; DELETE following dates; 11/18/98, 12/11/98, 12/2/98, 4/12/99, 4/19/99. (fvap) (Entered: 09/22/1999)
09-09-1999 260.1 TRANSCRIPT filed for proceedings held on 4/12/99 (pjap) (Entered: 09/14/1999)
09-09-1999 258 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/12/99 (Re: [225-1] ) CR: Maria Beesley (pjap) (Entered: 09/14/1999)
AMENDED TRANSCRIPT DESIGNATION, CR DELETE 260
09-20-1999 259 ORDER by Judge A. H. Matz granting exparte motion for an order permitting the clk to conduct a hrg to tax costs subj to provision that defts shl not ntc hrg purs to foregoing ord until crt has fld its ord concerning deft's mot for ord awarding atty fees & defts shl attach that ord to its ntc [249-1] (lc) (Entered: 09/21/1999)
09-21-1999 261 Crt is in receipt of aplles' opp to applnt's 8/17/99 mot to cont brief sched. Aplles' opp reqs dism of app for failure to prosecute under 9th Cir R 42-1. Req for dism den. Aplles state that applnt has not provided them w/copy of transc desgntn. Clk shll provide copy of desgntn to aplles along w/th ord. W/i 10 days frm date of th ord, aplles may svc on applnt a list of addtl portions of transc that aplles deem nec to app. Crt will entertain req to extend due date for filing of addtl transcs, if nec. Existing time sched remains in effect (99-56131) (pjap) (Entered: 09/23/1999)
09-23-1999 262 NOTICE of ent or US Bkcy appellate panel re dism of appeal by Vincent Cusano aka Vinnie Vincent by defts Gene Klein, Paul Stanley, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The (lc) (Entered: 09/24/1999)
09-23-1999 263 Desig of Additional Record on appeal [225-1] (fvap) (Entered: 09/27/1999)
09-28-1999 264 CERTIFICATE of Record Transmitted to USCA (99-56131) (cc: all parties) (weap) (Entered: 09/28/1999)
10-01-1999 265 NOTICE OF DISCREPANCY AND ORDER ltr format be rejected by Judge A. H. Matz (lc) (Entered: 10/05/1999)
10-08-1999 266 TRANSCRIPT DESIGNATION and ordering form for dates: 12/1/97, CR: J. Buford; 2/22/98 CR: Lynn Smith (99-56131) (fvap) (Entered: 10/12/1999)
10-19-1999 267 AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: 2/22/99, CR: L. Smith. (fvap) Modified on 10/19/1999 (Entered: 10/19/1999)
10-27-1999 268 9th CCA Ord: Court recs shll be amd to reflect entry of appearance on applnt's behalf by Richard H. Batson, II, 329 Union St., Nashville, TN. Applnt's opp mot for ext of ti to file opening brief is GR. Opening brief due 11/20/99. Ans brief due 12/10/99 & opt reply brief due 14 days frm svc of ans brief. Ptys are reminded that an atty is eligible to rep a litigant if atty has fld app for admission w/court. (99-56131) (pjap) (Entered: 11/01/1999)
12-15-1999 269 ORDER granting defts mot for atty fees & costs; in addition to costs crt award defts $66,457.47 atty fees by Judge A. Matz (lc) Modified on 12/29/1999 (Entered: 12/15/1999)
12-20-1999 270 NOTICE by counter-claimant Gene Klein, counter-claimant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc of disassociation of counsel/Request to correct court service list (bg) (Entered: 12/22/1999)
12-29-1999 271 NOTICE OF APPLIC TO CLERK TO TAX COSTS purs to 9/20/99 ord & 12/15/99 ord RETURNABLE submitted by Gene Klein, Stanley Eisen, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The ; bill of cost hearing set on 10:00 1/19/00 (lc) (Entered: 01/03/2000)
01-19-2000 271.1 COSTS taxed for defts Gene Klein, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The, Paul Stanley in the amount of $ 15,057.52 against plaintiff Vincent Cusano ; bill of cost hearing held (lc) (Entered: 01/28/2000)
02-08-2000 272 MINUTES: denying motion for monetary sanctions [223-1], denying motion for OSC directing plf cnsl to show cause why FRCP rule 11 has not bn violated [223-2]. This case was vigorously litigated by both sides. Although dfts eventually prevailed on the merits the record does not support any fur award of sancs agnst either plf or his cnsl. by Judge A. H. Matz CR: n/a (twdb) (Entered: 02/09/2000)
02-22-2000 273 JUDGMENT AWARDING ATTY FEE fr deft Gene Klein, Paul Stanley, the Kiss Company & KISStory Ltd & agst plf Vincent Cusano in sum of $66,457.47 w/post jdmt int accruing at legal rate by Judge A. H. Matz (ENT 2/23/00) send/ntcs (lc) (Entered: 02/23/2000)
NOTICE OF APPEAL 275
Appeal Fee Paid re fee in amount of weap Entered 275.1
NOTIFICATION 276
03-09-2000 274 NOTICE of entry of jdmt awarding atty fees & costs by Gene Klein, Paul Stanley, Polygram Records Inc, Kisstory Ltd, Simstan Music Ltd, Gene Simmons World, Kiss Company The (lc) (Entered: 03/10/2000)
03-21-2000 275 NOTICE OF APPEAL by counter-defendant Vincent Cusano, plaintiff Vincent Cusano to 9th C/A from Dist. Court jgm fld 2/22/00, ent 2/23/00 [273-1] (cc: Vincent Cusano, pro se; Lavely & Singer; Manatt Phelps Rothenbuerg & Phillips; Richare H. Batson) Fee: Billed. (fvap) (Entered: 03/21/2000)
Appeal Fee Paid re fee in amount of weap Entered 275.1
NOTIFICATION 276
03-31-2000 275.1 Appeal Fee Paid re [275-1] fee in amount of $ 105.00 () (weap) (Entered: 03/31/2000)
04-07-2000 276 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [275-1] 00-55536 (weap) (Entered: 04/07/2000)
10-02-2001 276.1 LODGED CC 9th CCA JGM jgm of the said Dist Crt in this cause be, & hereby is affrm in part, rv is part, & rmd. (99-56131) (FWD TO CRD) (cbr) (Entered: 10/15/2001)
11-20-2001 277 CERTIFIED COPY of Appellate Court Order No 99-56131: It is now here ord & adjudged by this Crt, that jgm of the District Court [Appeal [225-1] in this cause be & hereby is AFFIRMED IN PART, REVERSED IN PART & REMANDED (SEND) (ir) (Entered: 11/21/2001)
MAIL 289 293
11-20-2001 278 MANDATE from Circuit Court of Appeals No 99-56131; IN CHAMBERS; CNSL NOTIFIED; Crt Ord that the mandate of the 9th CCA: Remanding, Affirming in part, reversing in part is hereby fld & spread upon the min of this US Dist Crt; Record reflects that costs of the prevailing pty were taxed by 9th CCC in the amt of $122.28 on 9/28/01; Crt sets a status conf for 12/31/01 @ 3:00 (MD JS-5) (SEND) (ir) (Entered: 11/21/2001)
MAIL 295 302
11-20-2001 279 MINUTES: (IN CHAMBERS) Due sched conflict, Crt cont status conference from 12/31/01 to 4:00 1/4/02 by Judge A. H. Matz CR: N/A (PSEND) (ir) (Entered: 12/13/2001)
MAIL 287 288
12-13-2001 280 ORDER by Judge A. H. Matz Status conference set for 4:00 1/4/02 following remand from 9th CC (See doc for specifics) (SEND) (ir) (Entered: 12/13/2001)
MAIL 284 290
12-24-2001 280.1 PLACED IN FILE - NOT USED; Letter rcd from Lavely & Singer law offices re updating svc list (ir) (Entered: 12/26/2001)
12-28-2001 281 JOINT STATUS REPORT (ir) (Entered: 01/02/2002)
01-02-2002 282 ATTORNEY SUBSTITUTION: terminating Vicent Cusano pro per by plaintiff & counter-defendant Vincent Cusano and substituting attorneys James J Little, & Stephen P Collette of Little & Collette by Judge A. H. Matz (SEND) (ir) (Entered: 01/03/2002)
MAIL 294
01-04-2002 284 MAIL Returned [280-1], [280-2] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square East, Ste 517 Nashvill, TN 37203-0000 (ir) (Entered: 01/07/2002)
01-04-2002 285 MINUTES: Status Conference re: Ninth Circuti Mandate ; Cause called; appearance made; Crt & cnsl confer re: Status of action in light of the 9th Circuit's mandate; Crt ord Plf to file a status rpt of re: all proceedings in NY action NLT 1/22/02; Plf must specify the source of all info in rpt; Crt ord ptys to meet & confer (principal attys) to determine if any discovery is nec; If there is no agreement, then cnsl shall file a joint status rpt re: their respective positions NLT 1/14/02; If there is an agreement that no discovery is nec, then dft shall file its mot for partial summary ajd NLT 2/11/02; Crt is not inclined to hear attys' fees mot(s) &/or mot(s) on tort claims now & instructs cnsl to hold off on any such filings; Crt ord defense cnsl to file 1 mot for summary adj re both the open bk claim & the SOL claim NL 2/25/02; The opening brief & opp thereto ea shall have a page limit of 30 pages; Briefing sched for the above mot shall be a 2 wk intervals w/the hrg to be ntc for a Monday 2 wks following the last day for filing the reply; All remaining pretrial & trial dates will be set @ status conf tentatively set for samed date as the forthcoming summary adj mot by Judge A. H. Matz CR: Lynne Smith (SEND) (ir) (Entered: 01/08/2002)
MAIL 291
01-07-2002 283 NOTICE OF REASSIGNMENT OF CASE DUE TO UNAVAILABILITY OF JUDICIAL OFFICER: The Mag Judge to whom this cs was previously assigned is no longer available. Purs to the directive of the Chief US Mag Judge and in accordance w/ the rules of this Court, this cs has been randomly reassigned to Magistrate Judge Charles F. Eick for any discovery matters that may be referred. Case now reads as CV 97-4914 AHM (Ex). (rn) (Entered: 01/07/2002)
MAIL 296
01-14-2002 286 JOINT STATUS REPORT (ir) (Entered: 01/14/2002)
01-14-2002 287 MAIL Returned [279-1], [279-2] addressed to plaintiff & counter-defendant Vincent Cusano @ 44 Music Square East, Ste 517, Nashville, TN 37203-0000 (ir) (Entered: 01/15/2002)
01-14-2002 288 MAIL Returned [279-1], [279-2] addressed to third-party defendant Metaluna Records LLC @ 44 Music Square East, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 01/15/2002)
01-14-2002 289 MAIL Returned [277-1] addressed to plaintiff & counter-defendant Vincent Cusano @ 44 Music Square East, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 01/15/2002)
01-15-2002 290 MAIL Returned [280-1], [280-2] addressed to plaintiff & counter-defendant Vincent Cusano @ 44 Music Square East, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 01/16/2002)
01-16-2002 291 MAIL Returned [285-2] addressed to defendant Metaluna Records LLC c/o Vincent Cusano (lc) (Entered: 01/18/2002)
01-22-2002 292 REPORT re Status of Horipro Litigation in the USDC for Southern Dist of NY filed by plaintiff Vincent Cusano (ir) (Entered: 01/23/2002)
01-28-2002 293 MAIL Returned [277-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square East, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 01/29/2002)
01-31-2002 294 MAIL Returned [282-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square E, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 02/01/2002)
02-07-2002 295 MAIL Returned [278-1] addressed to counter-defendant Vincent Cusano @ 44 Music Square E, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 02/08/2002)
02-12-2002 296 MAIL Returned [283-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square E, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 02/13/2002)
02-12-2002 297 AMENDED PROOF OF SERVICE by defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd on 2/12/02 of Dfts' Ntc of mot & mot for summary adj & to dism for failure to prosecute re Claims for unpaid Royalties on the "Creatures of the Night" (See doc for fur details) (ir) (Entered: 02/14/2002)
02-12-2002 298 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz ordering Ntc of mot summary adj submitted received on 2/11/02 is not to be fld but instead rejected; Denial based on: Local Rule 56-1 Stmt of Uncontroverted facts & or propsd jgm lacking (ir) (Entered: 02/14/2002)
02-12-2002 299 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz ordering Stmt Uncontroverted Facts & Propsd ord submitted received on 2/12/02 is not to be fld but instead rejected; Denial based on: Motion for summary jgm was submitted w/discrepancy on 2/11/02 due to lack ot Stmt of Uncontroverted Fact & Propsd Ord (ir) (Entered: 02/14/2002)
02-14-2002 300 NOTICE OF MOTION AND MOTION by defendants The Kiss Company, Gene Simmons World Inc, Simstan Music Ltd, Polygram Records Inc for summary adjudication , & to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions ; motion hearing set for 10:00 3/11/02; memo of PA; Decl(s) of Gene Simmons, Howard Siegel, Brian G Wolf & Saad Chowdhury in suppt thereof; Lodged Propsd Stmt, Ord (ir) (Entered: 02/15/2002)
APPENDIX 301
STIPULATION, ORDER 304
MEMORANDUM 306
OBJECTIONS 308 311 312
REPLY 310
DECLARATION 313
MAIL 319 328
ORDER 320
02-14-2002 301 APPENDIX filed by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc of unpublished or Non-Fed Authorities re mot for summary adj [300-1], or to dism for failure to prosecute [300-2] (ir) (Entered: 02/15/2002)
02-19-2002 302 MAIL Returned [278-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square East, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 02/20/2002)
02-25-2002 303 NOTICE OF MOTION AND MOTION by defendants The Kiss Company, Polygram Records Inc for summary adjudication on 1st claim for relief for open book account ; motion hearing set for 10:00 4/8/02; memo of PA; Decl(s) Edward Rogers, Gene Klein & Brian G Wolf in suppt thereof; Lodged Stmt & Lodged Ord (ir) (Entered: 02/26/2002)
APPENDIX 305 315
OPPOSITION 314
REPLY 321
MINUTES GRANTED 323
MINUTES 324
MAIL 326
02-26-2002 304 STIPULATION and ORDER by Judge A. H. Matz Dft's motion for summary adjudication [300-1], to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] currently sched for 3/11/02 will be resched for 10:00 3/18/02; Plfs opp will be due 3/4/02 (ir) (Entered: 02/27/2002)
MAIL 319
02-26-2002 305 APPENDIX of Auth filed by defendants Gene Klein, Paul Stanley, The Kiss Company, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc re [303-1] (ir) (Entered: 02/28/2002)
03-05-2002 306 MEMORANDUM of PA filed by plaintiff in opposition to Dfts' motion for summary adjudication [300-1], &/or to dismiss for to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2]; Decl(s) of J.J Little & Vincent Cusano in suppt thereof; Lodged Propsd Ord & Stmt (ir) (Entered: 03/06/2002)
03-05-2002 307 APPENDIX of Non-Fed Authorities filed by plaintiff Vincent Cusano (ir) (Entered: 03/06/2002)
03-05-2002 308 OBJECTIONS filed by plaintiff to evidence re motion for summary adjudication [300-1], to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] (ir) (Entered: 03/06/2002)
03-05-2002 309 REQUEST by plaintiff for Judicial Notice (ir) (Entered: 03/06/2002)
03-11-2002 310 REPLY memo of PA by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc in suppt of motion for summary [300-1], & to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] (ir) (Entered: 03/12/2002)
03-11-2002 311 OBJECTIONS filed by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc to the Decl of JJ LIttle fld in opp to Dfts' motion for summary adjudication [300-1], & to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] (ir) (Entered: 03/12/2002)
03-11-2002 311 MOTION by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc to strike portions of JJ Little Decl (ir) (Entered: 03/12/2002)
03-11-2002 312 OBJECTIONS filed by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc to the Decl of Plf Vincent Cusano fld in opp to Dfts' motion for summary adjudication [300-1], & to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] (ir) (Entered: 03/12/2002)
03-11-2002 312 MOTION by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc to strike portions of of the Vincent Cusano decl (ir) (Entered: 03/12/2002)
03-11-2002 313 DECLARATION of Brian G Wolf by defendants The Kiss Company, Gene Simmons World, Simstan Music Ltd, Polygram Records Inc re motion for summary adjudication [300-1], & to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] (ir) (Entered: 03/12/2002)
03-11-2002 314 OPPOSITION by plaintiff to Dfts' motion for summary adjudication on 1st claim for relief for open book account [303-1] (ir) (Entered: 03/12/2002)
03-11-2002 315 APPENDIX of Non-Federal Authorities filed by plaintiff re Dfts' mot for summary adj of 1st claim for Open-Book Acct [303-1] (ir) (Entered: 03/12/2002)
03-11-2002 316 REQUEST by plaintiff for Judicial Notice of the following matters purs to Fed Rules of Evidence 201 & this Crt's local Rules (ir) (Entered: 03/12/2002)
03-12-2002 317 APPENDIX of Out-of-State Authorities filed by defendants Gene Klein, Paul Stanley, The Kiss Company, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc (ir) (Entered: 03/13/2002)
03-13-2002 318 AMENDED PROOF OF SERVICE by defendants Gene Klein, Paul Stanley, The Kiss Company, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc on 3/13/02 of Appendix of Out-of-State Auth (ir) (Entered: 03/14/2002)
03-15-2002 319 MAIL Returned [304-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square E, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 03/18/2002)
03-20-2002 319.1 PLACED IN FILE - NOT USED; [Propsd] Ord jmg granting summary adj re claims for unpaid Royalties on "Creatures of the Night" Compositions; ldg 2/14/02 by Dfts (ir) (Entered: 03/25/2002)
03-20-2002 319.2 PLACED IN FILE - NOT USED; Separate Stmt of Undisputed Facts; ldg 2/14/02 by Dfts (ir) (Entered: 03/25/2002)
03-20-2002 319.3 PLACED IN FILE - NOT USED; [Propsd] Ord denying mot for summary adj or to dism for lack of prosecution; ldg 3/5/02 by Plfs (ir) (Entered: 03/25/2002)
03-20-2002 320 ORDER by Judge A. H. Matz Dfts' motion for summary adjudication [300-1] is DENIED; However their mot to dismiss for failure to prosecute re: Claims for Unpaid Royalties on the "Creatures of the night" compositions [300-2] is GRANTEDd; Dism is w/out prej subject to the Conditions specified above (ENT 3/20/02) (ir) (Entered: 03/20/2002)
MAIL 328
03-25-2002 321 REPLY memo of PA by defendants The Kiss Company, & Polygram Records Inc in suppt of Dft's motion for summary adjudication on 1st claim for relief for open book account [303-1] (ir) (Entered: 03/26/2002)
03-27-2002 322 APPENDIX of Authorities filed by defendants Gene Klein, Paul Stanley, The Kiss Company, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc (ir) (Entered: 03/28/2002)
04-08-2002 324 MINUTES: Dft's motion for summary adjudication on 1st claim for relief for open book account [303-1] (Fld 2/25/02); Cause called; appearances made; Crt iss its tentative ruling & hears oral argument; Crt takes matter under submission by Judge A. H. Matz CR: Gail Peoples (ir) (Entered: 04/09/2002)
04-09-2002 323 MINUTES: In Chambers; Dfts' motion for summary adjudication on 1st claim for relief for open book account [303-1] is hereby GRANTED (See doc for fur details) IT IS SO ORD by Judge H. Matz CR: NONE (ENT 4/9/02) (ir) (Entered: 04/09/2002)
MAIL 326
04-15-2002 323.1 PLACED IN FILE - NOT USED; [Propsd] Ord/jgm granting summary adj re Plfs' 1st claim for relief for open book acct; ldg 2/25/02 by Dfts (ir) (Entered: 04/15/2002)
04-15-2002 323.2 PLACED IN FILE - NOT USED; Dfts' Separate Stmt of Uncontroverted Facts & Conclusions of law in suppt of mot for summary adj on the 1st claim for open book acct; ldg 2/25/02 by Dfts (ir) (Entered: 04/15/2002)
04-15-2002 323.3 PLACED IN FILE - NOT USED; [Propsd] Ord denying mot for summary adj of 1st claim for relief for open book acct; ldg 3/11/02 by Plf (ir) (Entered: 04/15/2002)
04-15-2002 323.4 PLACED IN FILE - NOT USED; Plfs' Stmt of Uncontroverted & controverted Facts & conclusions of law re Dfts' mot for summary adj on claim for open-book acct; ldg 3/11/02 by Plfs (ir) (Entered: 04/15/2002)
04-19-2002 325 NOTICE by plaintiff of its' Prosecution of New York Action agnst Dft Horipro Entertainment Group Inc (ir) (Entered: 04/19/2002)
04-22-2002 326 MAIL Returned [323-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square East, Ste 517, Nashville, TN 37203-0000 (ir) (Entered: 04/23/2002)
04-29-2002 327 NOTICE of change of atty info for Little & Collette (J.J Little & Stephen P Collette) by plaintiff & counter-defendant Vincent Cusano (ir) (Entered: 04/30/2002)
05-17-2002 328 MAIL Returned [320-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square E, Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 05/20/2002)
05-24-2002 329 MINUTES: (IN CHAMBERS) On 12/1/97 Judge John G Davies severed the 7th, 9th & 10th causes of action agnst Dft Horipro Ent Group Inc & Ord that they be tranferred to the So Dist of New York unless ptys agreed to a different dist in NY; Judge Davies clearly intened & comtemplated that Plf would take the steps nec to accomplish this result by re-filing those causes of action in So Dist of NY; It has recently come to the Crt's attention that this was not done & Plf's new cnsl has contacted the Clk req that the Clk's Office "implement the transfer as soon as possible"; Accordingly, Crt hereby ord that the above causes of action agnst Dft Horipro be immed transferred to the So Dist of NY as prev ord by sending certified copies of the following doc(s) from the Crt's file: docket entries #1 fld 7/7/97/, #3 fld 8/27/97, #6 fld 9/22/97, #7 fld 9/23/97, #12 fld 9/30/97, #17 fld 10/17/97, #23 fld 11/17/97, #24 fld 11/17/97, #31 fld 11/24/97, #34 fld 12/1/97 & #35 fld 12/3/97 by Judge A. H. Matz CR: Not Reported (ir) (Entered: 05/28/2002)
MAIL 331
05-28-2002 329.1 TRANSMITTAL of documents; Certified copies of doc(s) # 1,3,6,7,12,17,23,24,31,34,35 & copy of the Ord, cc docket sheet, letter of transfer (ir) (Entered: 05/28/2002)
06-14-2002 330 RECEIPT of Transmittal Letter re Transfer Out rcd from USDC Southern Dist of NY, new case No 02-CV-4232 (ir) (Entered: 06/17/2002)
07-02-2002 331 MAIL Returned [329-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano @ 44 Music Square E Ste 517 Nashville, TN 37203-0000 (ir) (Entered: 07/03/2002)
09-26-2002 332 NOTICE OF MOTION AND MOTION by plaintiff Vincent Cusano to withdraw as atty for plfs Vincent Cusano, et al ; Motion hearing set for 10:00 10/21/02 Lodged Propsd ord (twdb) (Entered: 09/27/2002)
ORDER 333
OPPOSITION 334
MINUTES 336
MAIL 337 338
10-21-2002 333 ORDER by Judge A. H. Matz GRANTING motion to withdraw as atty for plfs Vincent Cusano, et al [332-1] terming attorneys Stephen P Collette & James J Little for Vincent Cusano; The last known address & telephone # of Vincent Cusano is PO Box 156 Brentwood Tennessee 37204; 615-907-0221; This Ord shall not be effective until proof of svc is fld w/this Crt showing svc upon Plf Cusano & all other ptys who have appeared in this action (ir) (Entered: 10/22/2002)
MAIL 338
10-21-2002 334 OPPOSITION by plaintiff Vincent Cusano to motion to attorneys motion to withdraw [332-1] (jp) (Entered: 10/23/2002)
10-21-2002 336 MINUTES: J.J. Little's motion to withdraw as atty for plfs Vincent Cusano, et al [332-1] (Filed 9/26/02); Cause called; appearances made; No appearance by Dft nor Plf Vincent Cusano; Court grants the above motion; Court also advises counsel that a motion for leave to conduct addtional discovery must be filed before the motion can proceed to trial by Judge A. H. Matz CR: Lynne Smith (ir) (Entered: 10/28/2002)
MAIL 337
10-22-2002 335 NOTICE of Ruling re: Little & Collette's motion to withdraw as attorney of record for Plf by plaintiff Vincent Cusano (ir) (Entered: 10/24/2002)
11-22-2002 337 MAIL Returned re Minute Order of 10/21/02 [336-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano; Left no forwarding address. (nhac) (Entered: 11/26/2002)
11-25-2002 338 MAIL Returned [333-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano at 44 Music Square East, Ste 517 Nashvill, TN 37203-0000 (ir) (Entered: 11/27/2002)
01-21-2003 339 MINUTES: In Chambers; Court ORDERS the parties to file a joint status report regarding this action not later than 2/21/03 IT IS SO ORDERED by Judge A. H. Matz CR: NONE (ir) (Entered: 01/22/2003)
Mail Returned addressed 424
02-21-2003 340 ATTORNEY SUBSTITUTION: terminating Vincent Cusano by plaintiff & counter-defendant Vincent Cusano and substituting attorney Jeffrey S Benice by Judge A. H. Matz (ir) (Entered: 02/24/2003)
MAIL 385
02-21-2003 341 STATUS REPORT by defendants Gene Simmons World, Paul Stanley, The Kiss Company, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc (ir) (Entered: 02/24/2003)
02-28-2003 343 STATUS REPORT by plaintiff Vincent Cusano (nhac) (Entered: 03/03/2003)
03-03-2003 342 ORDER by Judge A. H. Matz further rule 26(f)mandatory status/scheduling conf set for 1:30 4/28/03 and re filing of joint rule 26(f) report (lc) (Entered: 03/03/2003)
MAIL 344
03-11-2003 344 MAIL Returned [342-1], [342-2] addressed to third-party defendant Metaluna Records LLC (ir) (Entered: 03/12/2003)
03-18-2003 345 EX PARTE APPLICATION filed by defendants The Kiss Company, Polygram Records Inc to vacate order setting further Rule 26(f) Scheduling Conference ; Declaration of Paul Karl Lukacs in support thereof; Lodged Proposed Order (ir) (Entered: 03/19/2003)
MINUTES 346
RESPONSE 347
03-19-2003 345.1 PLACED IN FILE - NOT USED; Proposed Order granting Dfts' Ex Parte Application to vacated order setting further Rule 26(f) Schedulind Conference; lodged 3/18/03 by Dfts (ir) (Entered: 03/20/2003)
03-19-2003 346 MINUTES: In Chambers; Dfts' ex parte application to vacate order setting further Rule 26(f) Scheduling Conference [345-1] is DENIED; Scheduling Conference is necessary to enable the Court to set all further dates (including the trial, pre-trail & motion cut-off dates) in this case; If a party believe that no further discovery is necessary &/or permitted it shall so indicate in the joint Rule 26(f) report IT IS SO ORDERED by Judge A. H. Matz CR: NONE (ir) (Entered: 03/20/2003)
03-21-2003 347 RESPONSE by plaintiff Vincent Cusano to ex parte application to vacate order setting further Rule 26(f) Scheduling Conference [345-1] (lc) (Entered: 03/24/2003)
03-21-2003 348 PROOF OF SERVICE by defendants Gene Klein, Paul Stanley, The Kiss Company, Gene Simmons World, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc on 3/20/03 of Order (ir) (Entered: 03/26/2003)
04-21-2003 349 JOINT RULE 26(f) REPORT filed; est length of trial 3-5 days (ir) (Entered: 04/22/2003)
04-28-2003 350 MINUTES: Further Scheduling conference held ; No appearance by Plf; However Mr Glenn Horan was present for Jeffrey S Benice; Court stongly admonished Plf's counsel for his failure to notify the Court of his expected non-appearance and explained that Mr Horan could not appear on behalf of Plf nor his attorney; Court orders the dates as indicated on the Scheduling and Case Management Order filed this date and declines to set a Rule 16-14 Settlement Procedure; Court also orders dfts to promptly submit their Rule 68 judgment proposal to Plf; Court further orders that no additional discovery will be allowed in this action; Court dismisses with prejudice all claims pertaining to the "Creatures" compositions ; All ROES are dismissed by Judge A. H. Matz CR: Hope Goldsmith (ir) (Entered: 04/30/2003)
04-28-2003 351 SCHEDULING AND CASE MANAGEMENT ORDER by Judge A. H. Matz Final Pretrial Conference set for 11:00 9/8/03; 2 day estimate jury trial set on 8:00 9/23/03 ; Final Pretrial Conference; Hearing on motions in limine; File agreed upon set of Jury Instructions & Verdict Forms & Joint Statement re Disputed Instructions & Verdict Forms; File Proposed Voir Dire Qs & Agreed to Statement of Case due 9/8/03 at 11:00; Lodge Pretrial Conference Order; File memo of Contentions of Fact & Law; Exhibit List; Witness List; Status Report re Settlement due 8/25/03; Last day for hand-serving motions in limine due 8/11/03; Last day for hearing motions due 7/28/03; Last day for hand-serving motions & filing (other than motions in limine) due 6/2/03; Last day to amend pleadings or add parties due 4/28/03 (See document for further details) (ir) (Entered: 04/30/2003)
MAIL 389
06-02-2003 352 NOTICE OF MOTION AND MOTION by defendants The Kiss Company, Polygram Records Inc for summary judgment , or in the alternative, for summary adjudication , or for partial summary judgment ; motion hearing set for 10:00 6/30/03; Lodged proposed order, judgment, statement of U/F (nhac) (Entered: 06/03/2003)
DECLARATION 353 354 355 356 360
APPENDIX 357
STIPULATION, ORDER 358
SEPARATE STATEMENTS 361
EVIDENTIARY OBJECTIONS 362 365
REPLY 364
MAIL 366 381
ORDER 377
06-02-2003 353 DECLARATION of Gene Klein pka Gene Simmons by Defendants The Kiss Company, Polygram Records Inc in support of motion for summary judgment [352-1], or in the alternative, for summary adjudication [352-2], or partial summary judgment [352-3] (nhac) (Entered: 06/03/2003)
06-02-2003 354 DECLARATION of Brian G Wolf by defendants The Kiss Company, Polygram Records Inc in support of notice of and motion motion for summary judgment [352-1], or in the alternative, for summary adjudication [352-2], or partial summary judgment [352-3] (nhac) (Entered: 06/03/2003)
06-02-2003 355 DECLARATION of Edward Rogers by The Kiss Company, Polygram Records Inc in support of notie of motion and motion for summary judgment [352-1], or in the alternative, summary adjudication [352-2], or for partial summary judgment [352-3] (nhac) (Entered: 06/03/2003)
06-02-2003 356 DECLARATION of Angus Vail by defendants The Kiss Company, Polygram Records Inc in support of notice of and motion motion for summary judgment [352-1], or in the alternative, for summary adjudication [352-2], or partial summary judgment [352-3] (nhac) (Entered: 06/03/2003)
06-03-2003 357 APPENDIX of Non-California Authorities filed by defendants The Kiss Company, Polygram Records Inc in support of motion for summary judgment [352-1], summary adjudication [352-2], or partial summary judgment [352-3]; memorandum of Points and Authorities in support thereof (ir) (Entered: 06/04/2003)
06-13-2003 358 STIPULATION and ORDER by Judge A. H. Matz continue the hearing on motion for summary judgment [352-1], [352-2], [352-3] from currently scheduled date of 6/30/03 to 10:00 7/7/03 (ir) (Entered: 06/16/2003)
MAIL 366
06-13-2003 359 OFFER OF JUDGMENT filed by defendants The Kiss Company, Polygram Records Inc (ir) (Entered: 06/16/2003)
06-23-2003 360 DECLARATION of Vincent Cusano by plaintiff Vincent Cusano in opposition to Defendants' motion for summary judgment [352-1], or in the alternative summary adjudication [352-2], or partial summary judgment [352-3] (ir) (Entered: 06/24/2003)
06-23-2003 361 SEPARATE STATEMENTS of Controverted Facts and Genuine Issues by plaintiff Vincent Cusano in opposition to Defendants' motion for summary judgment [352-1], or in the alternative summary adjudication [352-2], or partial summary judgment [352-3] (ir) (Entered: 06/24/2003)
06-23-2003 362 EVIDENTIARY OBJECTIONS filed by plaintiff to declaration of Brian Wolf in support of Defendants' motion for summary judgment [352-1], or in the alternative summary adjudication [352-2], partial summary judgment [352-3] (ir) (Entered: 06/24/2003)
06-24-2003 363 PROOF OF SERVICE on 6/23/03 of Plaintiff Vincent Cusano's evidentiary objections to the declaration of Brian Wolf in support of Defendants' motion for summary judgment or in the alternative summary adjudication of issues (See document for further details) (ir) (Entered: 06/25/2003)
06-30-2003 364 REPLY memorandum of Points and Authorities by defendants The Kiss Company, Polygram Records Inc in support of Defendants' motion for summary judgment [352-1], or in the alternative for summary adjudication [352-2], or partial summary judgment [352-3] (ir) (Entered: 07/01/2003)
06-30-2003 365 EVIDENTIARY OBJECTIONS filed by defendants The Kiss Company, Polygram Records Inc to declaration of Vincent Cusano in opposition to Defendants' motion for summary judgment [352-1], or in the alternative summary adjudication [352-2], or partial summary judgment [352-3] (ir) (Entered: 07/01/2003)
07-22-2003 366 MAIL Returned [358-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano (ir) (Entered: 07/23/2003)
07-25-2003 367 NOTICE OF FIRM CHANGE Of Address, telephone and fax numbers filed by atty Jeffrey S Benice for plaintiff Vincent Cusano (Effective 8/1/03 new address will be 650 Town Center Drive, Thirteenth Floor, Ste 1300 in Costa Mesa, CA 92626; Telephone will change to 714-641-3600 and fax will change to 714-641-3604) (ir) (Entered: 07/28/2003)
08-06-2003 368 APPLICATION filed by defendants' Polygram Records Inc, and Kiss Company The to continue trial Lodged proposed order (bp) (Entered: 08/07/2003)
DECLARATION 369
MINUTES VACATES 378
MAIL 379
08-07-2003 369 DECLARATION of Brian G Wolf by defendants The Kiss Company, Polygram Records Inc re Plaintiff Vincent Cusano's Non-opposition to Defendants' motion continue trial [368-1] (ir) (Entered: 08/11/2003)
08-11-2003 370 MINUTES: In Chambers; Attached to this Order is a draft of the Court's proposed ruling on the pending Summary Judgment motion; If counsel for either party wishes to bring material factual inaccuracies, omissions or legal erros in the attached order to the Court's attention, he or she shall contact the Court Clerk by not later than 1:00 pm on Monday 8/18/03 to request a hearing to be held at 10:00 am on Monday 8/25/03; If no party requests a hearing, Court will enter the attached order; Court will reserve ruling on Defendants' Application to continue trial pending the Court's Final ruling on the summary judgment motion IT IS SO ORDERED by Judge A. H. Matz CR: NONE (ir) (Entered: 08/12/2003)
08-11-2003 371 NOTICE OF MOTION AND MOTION by defendant Kiss Company The, defendant Polygram Records Inc in limine #1 to preclude Plaintiff';s introduction of testimony from undisclosed witnesses Lodged proposed order (pj) (Entered: 08/13/2003)
08-11-2003 372 NOTICE OF MOTION AND MOTION by defendant Kiss Company The, defendant Polygram Records Inc in limine #2 to preclude Plaintiff's introduction of unproduced documents Lodged proposed order (pj) (Entered: 08/13/2003)
08-11-2003 373 NOTICE OF MOTION AND MOTION by defendant Kiss Company The, defendant Polygram Records Inc in limine #3 to preclude Plaintiff's introudction of expert testimony, opinion or evidence Lodged proposed order (pj) (Entered: 08/13/2003)
08-11-2003 374 NOTICE OF MOTION AND MOTION by defendant in limine #4 to preclude Plaintiff's repudiation of the employment agreement Lodged proposed order (pj) (Entered: 08/13/2003)
08-11-2003 375 NOTICE OF MOTION AND MOTION by defendant Kiss Company The, defendant Polygram Records Inc in limine #5 to preclude Plaintiff's evidence regarding the revenge compositions Lodged proposed order (pj) (Entered: 08/13/2003)
08-11-2003 376 NOTICE OF MOTION AND MOTION by defendant Kiss Company The, defendant Polygram Records Inc in limine #6 to precldue Plaintiff's introduction of evidence of liability or damages which pre-date the applicable limitations periods Lodged proposed order (pj) (Entered: 08/13/2003)
08-20-2003 376.1 PLACED IN FILE - NOT USED; Proposed Order granting Defendants' motion in limine No 1 to preclude Plaintiff's introduction of testimonh from undisclosed witnesses; lodged 8/11/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.2 PLACED IN FILE - NOT USED; Proposed Order granting Defendants' motion in limine No 2 to preclude Plaintiff's introduction of unproduced documents; lodged 8/11/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.3 PLACED IN FILE - NOT USED; Proposed Order granting Defendants' motion in limine No 3 to preclude Plaintiff's introduction of Expert testimony, opinion or evidence; lodged 8/11/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.4 PLACED IN FILE - NOT USED; Proposed Order granting Defendants' motion in limine No 4 to preclude Plaintiff's repudiation of the employment agreement; lodged 8/11/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.5 PLACED IN FILE - NOT USED; Proposed Order granting Defendants' motion in limine No 5 to preclude Plaintiff's evidence regarding the revenge compositions and creatures compositions; lodged 8/11/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.6 PLACED IN FILE - NOT USED; Proposed Order granting Defendants' motion in limine No 6 to preclude Plaintiff's introduction of evidence of liability or damages which pre-date the applicable limitations periods; lodged 8/11/03 by defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.7 PLACED IN FILE - NOT USED; Proposed order; lodged 8/6/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 376.8 PLACED IN FILE - NOT USED; Proposed Order granting summary judgment or in the alternative summary adjudication or partial summary judgment; lodged 6/2/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 08/21/2003)
08-20-2003 377 ORDER by Judge A. H. Matz Defendants' motion for summary judgment [352-1], or in the alternative summary adjudication [352-2], [352-3] is GRANTED; Defendants have filed a Proposed Judgment including the award of attorneys' fees "for prevailing on Cusano's claim for violation of the right to publicity under California Civil Code section 3344"; Before the Court enters that Proposed Judgment, each side shall file a memorandum (not to exceed three pages) setting forth the basis for its respective contentions as to whether such fees may be awarded and if so how they are properly to be calculated given that it is likely that Defendants' counsel cannot provide specific evidence as to the amount of time they devoted to that claim only; Parties' submission shall be filed by not later than 9/2/03 (ir) (Entered: 08/21/2003)
MAIL 381
08-20-2003 378 MINUTES: Further Scheduling Conference; As a result of the Court granting Defendants' summary judgment moton, the Court hereby VACATES all pretrial and trial dates ; Defendants' application to continue trial [368-1] (Filed 8/6/03) is MOOT by Judge A. H. Matz CR: Hope Goldsmith (ir) (Entered: 08/21/2003)
MAIL 379
08-28-2003 379 MAIL Returned [378-1], [378-2] addressed to plaintiff Vincent Cusano (ca) (Entered: 08/29/2003)
08-29-2003 380 MEMORANDUM by defendants Polygram Records Inc, and Kiss Company Re Attorneys' fees; Declaration of Paul Kark Lukacs in support thereof (yl) (Entered: 09/02/2003)
09-02-2003 381 MAIL Returned [377-1] addressed to third-party defendant Metaluna Records LLC (shb) (Entered: 09/03/2003)
09-04-2003 381.1 PLACED IN FILE - NOT USED; Defendants' Separate Statement of Uncontroverted Facts and Conclusions of law in support of motion for summary judgment or in the alternative summary adjudication or partial summary judgment; lodged 6/2/03 by Defendants The Kiss Company and Polygram Records Inc (ir) (Entered: 09/05/2003)
09-05-2003 382 JUDGMENT AND ORDER: by Judge A. H. Matz having entered Summary Adjudication, partial Summary Judgment or Summary Judgment as to all claims pled by Plaintiff Vincent Cusano it is hereby ordered that Plaintiff Vincent Cusano take nothing by way of his complaint; Defendants the Kiss Company, KISStory Ltd, Gene Klein and Paul Stanley are awarded $66,457.47 in attorneys fees for prevailing on Cusano's claim for violation of the right of publicity under California Civil Code section 3344; Post-judgment interest on this award is to run from 2/22/00, the date on which a Judgment memorializing the award was first filed by this Court; All Defendants are hereby awarded their costs; This Civil action is hereby dimissed with prejudice in its entirety terminating case (MD JS-6) (cc: all counsel) (ir) (Entered: 09/05/2003) (LM)
NOTICE OF APPEAL 384
MAIL 386
NOTIFICATION 387
NOTICE OF APPLICATION AND APPLICATION TO THE CLERK TO TAX COSTS BILL OF COSTS RETURNABLE 396
OPPOSITION 397
RECEIPT OF TRANSCRIPT 399
ORDER 406 423
MANDATE 474
09-08-2003 383 NOTICE of Entry of Judgment by defendants (ir) (Entered: 09/09/2003)
09-12-2003 384 NOTICE OF APPEAL by plaintiff Vincent Cusano to 9th C/A from Dist. Court Judgment and Order filed 9/5/03 and entered 9/5/03 [382-2] (cc: Vincent Cusano; Brian G. Wolf; Barry Mallen) Fee: Paid. (pjap) (Entered: 09/12/2003)
NOTIFICATION 387
RECEIPT OF TRANSCRIPT 399
ORDER 406 423
MANDATE 474
09-16-2003 385 MAIL Returned [340-1] addressed to third-party defendant Metaluna Records LLC (ir) (Entered: 09/17/2003)
09-16-2003 386 MAIL Returned [382-1], [382-2] addressed to third-party defendant Metaluna Records LLC (ir) (Entered: 09/17/2003)
09-17-2003 388 AMENDED PROOF OF SERVICE by plaintiff Vincent Cusano on 9/12/03 of Notice of Appeal (ir) (Entered: 09/19/2003)
09-18-2003 387 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [384-1] 03-56650 (dlu) (Entered: 09/18/2003)
09-22-2003 389 MAIL Returned [351-1], [351-2] addressed to third-party defendant Metaluna Records LLC (ir) (Entered: 09/23/2003)
09-30-2003 397 OPPOSITION filed by plaintiff Vincent Cusano of Notice of application and application to the clerk to tax costs; request for stay of proceedings [396-1]; Declaration of Vincent Cusano in support thereof (ir) (Entered: 10/17/2003)
10-03-2003 397.1 PLACED IN FILE - NOT USED; Proposed Order granting Plaintiff's opposition of Notice of Application and Application to the Clerk to Tax costs; Request for stay of proceedings (ir) (Entered: 10/06/2003)
10-03-2003 390 ORDER DENIED by Judge A. H. Matz regarding granting Plaintiff's opposition of Notice of application and application to the Clerk to tax Cost; Request for stay of proceedings (ir) (Entered: 10/06/2003)
MAIL 400
10-03-2003 392 NOTICE OF DISCREPANCY AND ORDER by Judge A. H. Matz ordering [Proposed] Order granting Plaintiff's opposition and Notice of Application and Application to the Clerk to Tax Costs; Request for stay of proceedings submitted by plaintiff Vincent Cusano received on 10/2/03 to be lodged and fld date to be the date the doc was stamped "received but not fld" w/the Clerk (ir) (Entered: 10/06/2003)
10-06-2003 391 TRANSCRIPT DESIGNATION and ordering form for dates: 08/21/98, Opening and Closing Statement, CR: Donna FitzSimons; 01/15/99, Port 144-1, Port 144-2; CR: Mag Jones; 01/04/99, Docket #133; CR: Mag Jones; 02/22/99, Opening and Closing Statements, CR: Lynne Smith; 04/08/02, Opening and Closing Statements, CR: Gail Peoples; 03/20/02, Opening and Closing Statements, CR: ?; 10/21/02, Entire Transcript, CR: Lynne Smith; 04/28/03, Entire Transcript, 08/20/03, Entire Transcript, CR: Hope Goldsmith. (wdc) (Entered: 10/06/2003)
10-07-2003 393 AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: 01/04/99 (Delete); 01/15/99 (Delete); 03/20/02 (Delete); 01/04/02, Opening Statements and Closing Arguments, CR: Lynne Smith. (wdc) (Entered: 10/08/2003)
10-08-2003 394 NOTICE of denial by defendant Gene Klein, defendant Paul Stanley, defendant Kiss Company The, defendant Gene Simmons World, defendant Simstan Music Ltd, defendant Kisstory Ltd, defendant Polygram Records Inc (bg) (Entered: 10/10/2003)
10-14-2003 395 AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: None requested. (pjap) (Entered: 10/15/2003)
10-16-2003 395.1 COSTS taxed for All defendants in the amount of $ 15,473.90 against plaintiff Vincent Cusano; bill of cost hearing held (ir) (Entered: 10/17/2003)
10-16-2003 395.2 PLACED IN FILE - NOT USED; [Proposed] Order granting Plaintiff's opposition of Notice of Application and Application to the Clerk to Tax Costs; Request for stay of proceedings; lodged 10/1/03 by Plaintiff (ir) (Entered: 10/17/2003)
10-16-2003 396 NOTICE OF APPLICATION AND APPLICATION TO THE CLERK TO TAX COSTS; BILL OF COSTS RETURNABLE submitted by defendants Gene Simmons World, Paul Stanley, The Kiss Company, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc re [382-2]; bill of cost hearing set on 11:00 10/16/03; Declaration of Paul Karl Lukacs in support thereof (ir) (Entered: 10/17/2003)
OPPOSITION 397
10-22-2003 398 AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: 8/21/98 (Delete), 8/18/98 CR: Donna FitzSimons. (ghap) (Entered: 10/22/2003)
11-10-2003 398.1 TRANSCRIPT filed for proceedings held on 04/08/02. (cbr) (Entered: 11/12/2003)
11-10-2003 399 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 04/08/02 (Re: [384-1]) CR: Gail Peeples. (cbr) (Entered: 11/12/2003)
11-19-2003 400 MAIL Returned [390-1] addressed to third-party defendant Metaluna Records LLC c/o Vincent Cusano (ir) (Entered: 11/24/2003)
11-24-2003 401 ORDER FROM USCA court reporter Hope Goldsmith's late motion for an extension of time to file transcript is granted. The transcript is now due 11/21/03. The brief schedule is set. (03-56650) (ghap) (Entered: 11/25/2003)
12-04-2003 401.1 TRANSCRIPT filed for proceedings held on 4/28/03 (pjap) (Entered: 12/09/2003)
12-04-2003 402 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/28/03 (Re: ) CR: Hope Goldsmith (pjap) (Entered: 12/09/2003)
12-10-2003 405 ORDER FROM USCA: received in district court 12/15/03 appellant's motion for extension of time to file brief is granted. brief is due 01/29/04. Brief schedule set. (03-56650) (cbr) (Entered: 12/19/2003)
12-16-2003 405.1 WRIT of Execution regarding judgment entered 9/5/03 in favor of Defendants Gene Klein, Paul Stanley, The Kiss Company and Kisstory Ltd against Plaintiff Vincent Cusano Issued (ir) (Entered: 12/17/2003)
12-16-2003 403 AFFIDAVIT AND REQUEST filed by defendants Gene Klein, Paul Stanley, The Kiss Company, Kisstory Ltd for issuance of Writ of Execution against Plaintiff Vincent Cusano regarding judgment entered 9/5/03 ; Issued Writ (ir) (Entered: 12/17/2003)
12-18-2003 404 TRANSCRIPT DESIGNATION and ordering form Delete dates: 8/20/03 CR: Hope Goldsmith (weap) (Entered: 12/18/2003)
12-29-2003 406 ORDER from 9th CCA filed as to Appeal to Circuit Court[384] filed by Vincent Cusano, CCA # 03-56650. Order received in this district on 01/05/04. Court Reporter Donna Fitzsimmons' motion for extension of time to file transcript granted. Transcript due 01/20/04. Briefing schedule is set. Copy of order shall be provided to court reporter at district court. (wdc, ) (Entered: 01/07/2004)
01-14-2004 407 REQUEST AND ORDER that defendants and Judgment Creditors Gene Klein, Paul Stanley, The Kiss Company, Gene Simmons Worldwide Inc, Simstan Music Ltd, KISStory Ltd and Polygram Records Inc are granted that Janney and Janney Attorney Service Inc who is at least 18 years of age, of suitable discretion and not parties to this civil action be authorized and appointed to serve the Writ of Execution and any other execution documents in this civil action. U.S. Marshals Service shall remain the Levying Officer IT IS SO ORDERED by Judge A. Howard Matz (ir, ) (Entered: 01/17/2004)
02-02-2004 408 NOTICE of Opposition to Application for right to attach order, claim of Exemption, motion (after issuance of writ) for claim of exemption and motion for claim of exemption filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 02/07/2004)
02-02-2004 409 NOTICE of Opposition to Right to Attach Order and Claim of Exemption and Declaration of Vincent Cusano filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 02/07/2004)
02-03-2004 410 PROCESS RECEIPT AND RETURN (USM-285) regarding Levy of Writ of Execution; Serve at UMG Recordings Inc c/o CT Corp 818 West 7th Street, Los Angeles, CA 90017 on 1/23/04 mailed on 1/23/04 (ir, ) (Entered: 02/10/2004)
02-03-2004 411 PROOF OF SERVICE filed by Plaintiff Vincent Cusano of Writ of Execution, Notice of Levy, Memorandum of Garnishee, Judgment on Garnishee UMG Recordings Inc by serving Mara Velasco, Authorized to accept service of process was served on 1/23/04. (ir, ) (Entered: 02/10/2004)
02-03-2004 412 PROOF OF SERVICE filed by Plaintiff Vincent Cusano of Writ of Execution, Notice of Levy, Exemptions from Enforcement of Judgment, Judgment on Judgment Debtor Vincent Cusano was served on 1/23/04. (ir, ) (Entered: 02/10/2004)
02-03-2004 413 PROOF OF SERVICE filed by Plainiff Vincent Cusano of Writ of Execution, Notice of Levy, Exemptions from Enforcement of Judgments, Judgment on Judgment Debtor Vincent Cusano c/o Jeffrey Benice was served on 1/23/04. (ir, ) (Entered: 02/10/2004)
02-03-2004 414 PROCESS RECEIPT AND RETURN (USM-285) regarding Levy of Writ of Execution serve at UMG Recordings Inc at 2220 Colorado Street, Santa Monica, CA 9040; Remarks: Not served Bad Address 1/20/04. (ir, ) (Entered: 02/10/2004)
02-03-2004 415 DECLARATION OF NON-SERVICE upon UMG Recordings Inc filed by Plaintiff Vincent Cusano (ir, ) (Entered: 02/10/2004)
02-05-2004 416 NOTICE of Opposition to Application for Right to Attach Order; Claim of Exemption; Motion (after issuance of writ) for claim of exemption and Motion for claim of exemption filed by Plaintiff Vincent Cusano. (mch, ) (Entered: 02/11/2004)
02-17-2004 416.1 TRANSCRIPT filed for proceedings held on 08/17/98. Court Reporter: Donna FitzSimons. (wdc, ) (Entered: 02/19/2004)
02-17-2004 417 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 08/17/98, Court Reporter: Donna FitzSimons. (wdc, ) (Entered: 02/19/2004)
02-17-2004 418 NOTICE of Opposition to Right to Attach Order and Claim of Exemption and Declaration of Vincent Cusano filed by Plaintiff Vincent Cusano. (shb, ) (Entered: 02/23/2004)
02-26-2004 419 PROCESS RECEIPT AND RETURN (USM-285) executed Levy of Writ of Execution on 2/3/04 serve at Chrysalis Music Group, Attention Jeff Brabec at 8500 Melrose Avenue, #207 West Hollywood, CA 90069; Special Instructions: Please serve Writ of Execution, Notice of Levy, Memorandum of Garnishee, Judgment, and any other required documents on Third Party Garnishee Chrysalis Music Group; Remarks: Served on 2/3/04 and mailed on 2/3/04. (ir, ) (Entered: 03/02/2004)
02-26-2004 420 PROOF OF SERVICE of Writ of Execution, Notice of Levy, Memorandum of Garnishee served on Garnishee Chrysalis Music Group, Attention Jeff Brabec was served on 2/3/04. (ir, ) (Entered: 03/02/2004)
02-26-2004 421 PROOF OF SERVICE of Writ of Execution, Notice of Levy, Exemptions from Enforcement of Judgment served as the Attorney of Record, Judgment Debtor Vincent Cusano c/o Jeffrey Benice was served on 2/3/04. (ir, ) (Entered: 03/02/2004)
02-26-2004 422 PROOF OF SERVICE of Writ of Execution, Notice of Levy, Exemptions from Enforcement of Judgments served on Judgment Debtor Vicente Cusano was served on 2/3/04. (ir, ) (Entered: 03/02/2004)
03-29-2004 423 ORDER from 9th CCA filed as to Appeal to Circuit Court[384] filed by Vincent Cusano, CCA # 03-56650. Order received in this district on 04/01/04. Appellant's request to stay writ of execution entered by district court on 12/16/03, pending appeal denied without prejudice to its renewal following presentation to district court. Court Reporter Donna FitzSimons' motion for extension of time to file transcripts granted. District court docket reflects transcripts have been filed. Appellant's motion for extension of time to file opening brief granted. Brief is set. (wdc, ) (Entered: 04/09/2004)
05-05-2004 424 Mail Returned addressed to Metaluna Records LLC c/o Vincent Cusano re Minute Order [339]. (ir, ) (Entered: 05/06/2004)
07-06-2004 425 WRIT OF EXECUTION in favor of Defendants Gene Klein, Paul Stanley, The KISS Company and KISStory Limited as Judgment Creditor and against Plaintiff Vincent Cusano. Principal 0; Attorney Fees $66,457.47; Interest 0 and Costs $15,473.90; Judgment as entered $81,931.37 (rl, ) (Entered: 07/07/2004)
10-05-2004 426 NOTICE OF MOTION AND MOTION for a stay of enforcment and execution filed by plaintiff Vincent Cusano. Motion set for hearing on 11/29/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged proposed order. (pj, ) (Entered: 10/08/2004)
DECLARATION VINCENT CUSANO MOTION 427
MEMORANDUM OF POINTS AND AUTHORITIES MOTION 428
OPPOSITION 430
MEMORANDUM OF POINTS AND AUTHORITIES 432
MINUTES OF MOTION 435
MINUTES IN CHAMBERS GRANTS MOTION 436
Mail Returned addressed 442
10-05-2004 427 DECLARATION of VINCENT CUSANO in support re MOTION to Stay Case pending enforcment and execution[426] filed by Vincent Cusano Vincent Cusano. (pj, ) (Entered: 10/08/2004)
10-05-2004 428 MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION [426] filed by plaintiff Vincent Cusano. (pj, ) (Entered: 10/08/2004)
11-10-2004 429 DECLARATION of VINCENT CUSANO filed by Plaintiff Vincent Cusano. (pj, ) (Entered: 11/15/2004)
11-15-2004 430 OPPOSITION to Plaintiff's MOTION to Stay Case pending enforcment and execution[426]; Declaration of Paul Karl Lukacs filed by Defendants Kiss Company The, Kisstory Ltd, Gene Klein, Polygram Records Inc, Simstan Music Ltd, Paul Stanley. (rl, ) (Entered: 11/17/2004)
11-16-2004 431 MINUTES OF In Chambers Conference held before Judge A. Howard Matz:Before the Court is Plaintiff's "Declaration of Vincent Cusano pursuant to L.R. 7-3." Plaintiff filed this declaration in connectin with his Motion for a Stay of Enforcement and Execution. The Court has timely received Defendant's Opposition to Plainitff's Motion and this matter remains on calendar for November 29, 2004. Plaintiff is advised that he may appear at the hearing via telephone.Court Reporter: N/A. (shb, ) (Entered: 11/17/2004)
Mail Returned addressed 444
11-23-2004 432 MEMORANDUM OF POINTS AND AUTHORITIES [426] filed by plaintiff Vincent Cusano. (pj, ) (Entered: 11/24/2004)
11-23-2004 433 Substitution of Attorney filed. Substituting attorney Jeffrey S Benice for Vincent Cusano and Vincent Cusano in place and stead of Vincent Cusano In Pro Per by Judge A. Howard Matz. (pj, ) (Entered: 11/24/2004)
Mail Returned addressed 441
11-24-2004 434 SUPPLEMENTAL EXHBIITS TO ACCOMPANY PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES, filed by Plaintiff Vincent Cusano. (pj, ) (Entered: 11/30/2004)
11-29-2004 435 MINUTES OF Motion Hearing held before Judge A. Howard Matz : re MOTION to Stay Case pending enforcment and execution[426]. Court orders plaintiff to file not later than noon December 1, 2004 a supplemental declaration. Court DENIES that portion of the motion as to Section 62(f) only and reserves its ruling on the remainder Court Reporter: Maria Bustillos. (pj, ) (Entered: 11/30/2004)
12-01-2004 436 MINUTES IN CHAMBERS: The Court hereby GRANTS MOTION to Stay Case pending enforcement and execution[426]. The Court hereby AUTHORIZES Defendants to execute on the judgment in this matter to the limited extent provided for in the declaration by Judge A Howard Matz Court Reporter: None Appearing. (pj, ) (Entered: 12/02/2004)
Mail Returned addressed 442
12-01-2004 437 DECLARATION of VINCENT CUSANO regarding STATUS OF INCOME AND ASSETS filed by Plaintiff Vincent Cusano. (pj, ) (Entered: 12/06/2004)
RESPONSE 438
12-02-2004 438 RESPONSE filed by Counter Claimant Gene Klein, Defendants Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc to Declaration of Vincent Cusano regarding status of income and assets [437] (pj, ) (Entered: 12/13/2004)
12-09-2004 439 STIPULATED EX PARTE APPLICATION TO CORRECT CIVIL MINUTES OF DECEMBER 1, 2004 filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. Lodged order. (pj, ) (Entered: 12/13/2004)
ORDER 440
Mail Returned addressed 449
12-09-2004 440 ORDER by Judge A. Howard Matz : granting [439] defendant stipulated Ex Parte Application to correct civil minutes of December 1, 2004. In their place the following sentence is hereby inserted: "The Court GRANTS plaintiffs motion subject to the terms provided for in paragraph 6 of plaintiffs declaration regarding Status of Income and Assets ( without Exhibit A) attached to this order and incorporated by reference" (pj, ) (Entered: 12/14/2004)
12-10-2004 441 Mail Returned addressed to Melauna Records re [433] Substitution of Attorney (Form G-1) (pj, ) (Entered: 12/15/2004)
12-10-2004 442 Mail Returned addressed to Metaluna Records re [436] Order on Motion, (pj, ) (Entered: 12/15/2004)
12-16-2004 443 NOTICE of Entry of order granting defendants' stipulated ex parte application to correct civil minutes of 12/1/04 filed by Defendants (rl, ) (Entered: 12/17/2004)
12-21-2004 444 Mail Returned addressed to Metaluna Records LLC c/o Vincent Cuasno re [431] (pj, ) (Entered: 12/22/2004)
12-28-2004 444.1 WRIT of execution issued as to plaintiff Vincent Cusano (pj, ) (Entered: 12/29/2004)
12-28-2004 445 AFFIDAVIT AND REQUEST for WRIT OF EXECUTION as to plaintiff Vincent Cusano sum of $7,077.71 filed by defendant Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (pj, ) (Entered: 12/29/2004)
MEMORANDUM 446
12-28-2004 446 MEMORANDUM of costs after judgment, acknowledgement of credit, and declaration of accrued interest Re:,[445], (pj, ) (Entered: 12/29/2004)
01-19-2005 447 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 11/29/04, Court Reporter: Maria R. Santillan-Bustillos. (wdc, ) (Entered: 01/20/2005)
01-19-2005 448 TRANSCRIPT filed for proceedings held on 11/29/04. Court Reporter: Maria R. Santillan-Bustillos. (wdc, ) (Entered: 01/20/2005)
01-28-2005 449 Mail Returned addressed to Metaluna Records LLC re [440] Order on Ex Parte Application for Order, (pj, ) (Entered: 01/31/2005)
02-09-2005 450 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon third party garinshee Brodcast Music Inc on 1/20/2005. Remarks: levy of writ of execution. maield on 1/20/2005 (pj, ) (Entered: 02/14/2005)
02-09-2005 451 PROOF OF SERVICE filed by plaintiff Vincent Cusano. re Writ of exeuction, notice of levy, memorandum of garnishee was served on 1/20/2005. (pj, ) (Entered: 02/14/2005)
02-09-2005 452 PROOF OF SERVICE filed by plaintiff Vincent Cusano. writ of execution, notice o levy, by serving Judgment Debtor Vincent Cusano was served on 1/20/2005. (pj, ) (Entered: 02/14/2005)
02-09-2005 453 PROOF OF SERVICE filed by plaintiff Vincent Cusano. writ of execution, notice of levyf, by serving Jeffrey Benice, Esq counsel for judgment debtor was served on 1/20/2005. (pj, ) (Entered: 02/14/2005)
02-09-2005 454 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Polygram Records Inc on Levy of Writ of Execution. Remarks: Served on 1/13/2005; mailed on 1/13/2005 on Third party Garnishee Universal-Songs of Polygram Internationla Inc. (pj, ) (Entered: 02/15/2005)
02-09-2005 455 PROOF OF SERVICE of writ of execution, notice of levy, memorandum of garnishee on the party served as the Garnishee Universal Songs Polygram Internationla Inc Michae., Peteerson, Senior President Business Affairs was served on 1/13/2005. (pj, ) (Entered: 02/15/2005)
02-09-2005 456 PROOF OF SERVICE of writ of execution, notice of levy, exemptions from enforcement of judgment served on judgment debtor Vincent Cusano was served on 1/14/2005. (pj, ) (Entered: 02/15/2005)
02-09-2005 457 PROOF OF SERVICE of writ of execution, notice of levy, exemptions from enforcement of judgment served on the party attorney of record Jeffrey Benice was served on 1/13/2005. (pj, ) (Entered: 02/15/2005)
02-16-2005 458 MOTION to Clarification filed by defendants Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd. Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable A. Howard Matz. (pj, ) (Entered: 02/17/2005)
STIPULATION AND ORDER 459
MEMORANDUM, 460
DECLARATION MOTION 461
DECLARATION MOTION 462
REPLY MOTION 465
ORDER RE LEVY ON CUSANO ROYALTIES 466
03-03-2005 459 STIPULATION AND ORDER by Judge A. Howard Matz SHALL CONTINUE the MOTION for clarification [458]. Motion set for hearing on 3/28/2005 at 10:00 AM before Honorable A. Howard Matz.(pj, ) (Entered: 03/04/2005)
03-11-2005 460 MEMORANDUM of Points and Authorities in Opposition to MOTION for Clarification [458]; Declaration of Vicnent Cusano; Declaration of Craig J. Albert filed by Plaintiff Vincent Cusano. (dw, ) (Entered: 03/17/2005)
03-11-2005 461 DECLARATION of Vincent Cusano re MOTION to Clarify [458] filed by Plaintiff Vincent Cusano. (dw, ) (Entered: 03/17/2005)
03-11-2005 462 DECLARATION of Craig J. Albert re MOTION to Clarify [458] filed by Plaintiff Vincent Cusano. (dw, ) (Entered: 03/17/2005)
03-15-2005 463 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz: ORDERING Application of Non-Resident Attorney; 2) Letter dated 3/11/05 submitted by Plaintiff Vincent Cusano received on 3/14/05 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1: No copy provided for judge; Page 2 requests Waiver of Local Counsel; #2 No correspondence with the Court, Local Rule 83-2.11..(dw, ) (Entered: 03/18/2005)
03-16-2005 464 OBJECTION to Leter from Craig J Albert to Court and to Craign J Albert's Request to Appear Pro Hac Vice filed by Defendants Gene Klein, Paul Stanley, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd. (dw, ) (Entered: 03/22/2005)
03-21-2005 465 REPLY in support of MOTION to Clarification [458] filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (jp, ) (Entered: 03/29/2005)
03-24-2005 466 ORDER RE LEVY ON CUSANO ROYALTIES by Judge A. Howard Matz: The Court GRANTS Defendants' Motion for Clarification and ORDERS that the following provisions govern the right of Defendants to execute on the judgment. (See document for further information.granting [458] Motion to Clarify (dw, ) (Entered: 03/30/2005)
03-24-2005 467 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz, ORDERING APPLICATION of Non Resident Attorney submitted by Plaintiff Vincent Cusano received on 3/22/05 is not to be filed but instead rejected. Denial based on: Not signed by designated local counsel.(dw, ) (Entered: 03/30/2005)
05-03-2005 468 Defendants NOTICE of Second Circuit's Affirmance of Dismissal of Severed Claims Re Creatures Compositions filed by Defendants and Judgement Creditors Gene Klein, Paul Stanley, Kiss Company The, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (shb, ) (Entered: 05/06/2005)
07-06-2005 469 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 03-56650 Record consists of 1 thru 31 volumes, 7 transcripts, 7 brown folders document numbers: 57, 139, 147, 161, 223, 303, 451. (cbr, ) (Entered: 07/06/2005)
APPEAL RECORD RETURNED 550
07-22-2005 470 NOTICE of Second Circuit's denial of plaintiff Vincent Cusano's petition for panel re-hearing of severed claims re creatures compositions filed by edfendants, Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (sv) (Entered: 08/02/2005)
08-16-2005 471 NOTICE of 2nd Circuit's issuance of mandate in Creatures Composition action filed by defendants and judgment creditors (dmjr, ) (Entered: 08/18/2005)
11-28-2005 472 NOTICE of Ninth Circuit Affirmance and Finding of Frivolous Appeal filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (dw, ) (Entered: 12/01/2005)
12-29-2005 473 NOTICE of Ninth Circuit's Denial of Plaintif Vincent Cusano's Petition for Re-Hearing and Re-Hearing en Banc, filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (cbr, ) (Entered: 01/04/2006)
01-27-2006 474 MANDATE of 9th CCA filed as to Appeal Number Info from USCA (A-8)[387], Appeal to Circuit Court [384], CCA # 03-56650. The judgment of said district court, appeal is affirmed. Mandate received in this district on 2/1/06. (ghap, ) (Entered: 02/06/2006)
02-02-2006 475 NOTICE of Issuance of Ninth Circuit Judgment filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (dw, ) (Entered: 02/09/2006)
02-02-2006 476 NOTICE of Ninth Circuit Order Denying Plaintiff's Motion to Stay Issuance of Mandate filed by Defendants Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (dw, ) (Entered: 02/09/2006)
05-19-2006 477 DEFENDANTS' NOTICE of Separation of Counsel re Paul Karl Lukacs filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (dw, ) (Entered: 05/22/2006)
07-19-2006 478 PLAINTIFF VINCENT CUSANO'S NOTICE OF MOTION AND MOTION Pursuant ot Federal Rule sof Civil Procedure Rule 60(b)(6) to Vacate Judgment; Memorandum of Points and Authorities and Declaration of Vincent Custano in Support Thereof; [Proposed] Order filed by Plaintiff Vincent Cusano. Motion set for hearing on 8/21/2006 at 10:00 AM before Judge A. Howard Matz. (dw, ) (Entered: 07/27/2006)
DECLARATION 479
PLAINTIFF REQUEST FOR JUDICIAL NOTICE 480
STIPULATION 481
MAIL RETURNED 482
STIPULATION AND ORDER 483
07-19-2006 479 DECLARATION of Vincent Cusano re Motion to Set Aside Judgment Pursuant to Federal Rules of Civil Procedure Rule 60(b)(6) re: MOTION to Vacate[478] filed by Plaintiff Vincent Cusano. (dw, ) (Entered: 07/27/2006)
07-19-2006 480 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE Re: Motion to Set Aside Judgment Pursuant to Federal Rules of Civil Proceudre Rule 60(b)(6) re MOTION to Vacate [478] filed by Plaintiff Vincent Cusano. Lodged Order. (dw, ) (Entered: 07/27/2006)
07-27-2006 481 STIPULATION Continuing Hearing Date on Plaintiff's Motion to Vacate Judgment; ORDER Thereon by Judge A. Howard Matz: IT IS SO ORDERED. Hearing rescheduled as to 9/11/06 at 10:00am. Re: to MOTION to Vacate [478] (dw, ) (Entered: 07/28/2006)
MAIL RETURNED 482
08-14-2006 482 MAIL RETURNED addressed to Mary A Parker at Parker Allen and Crofford regarding Stipulation and Order [481] (ir, ) (Entered: 08/17/2006)
08-17-2006 483 STIPULATION AND ORDER by Judge A. Howard Matz: The 9/11/06 Hearing on Plaintiffs Motion to vacate judgment [478] shall be continued to 10/16/2006 at 10:00 AM. Defendants opposition to the presently pending motion will now be due on 10/2/06, 14 days before 10/16/06.(ir, ) (Entered: 08/18/2006)
09-20-2006 483.1 PLACED IN FILE - NOT USED re (Proposed) Order regarding Motion to vacate judgment, lodged 7/19/06 submitted by Plaintiff Vincent Cusano. (ir, ) (Entered: 09/27/2006)
09-20-2006 484 STIPULATION AND ORDER. It is so ORDERED, and the pending motin to vacate is off calendar without prejudice by Judge A. Howard Matz :(bp, ) (Entered: 09/21/2006)
Mail Returned addressed 485
11-01-2006 485 Mail Returned addressed to Mary A Parker re [484] Stipulation and Order (shb, ) (Entered: 11/06/2006)
11-08-2006 490 NOTICE OF MOTION AND MOTION to Modify Stay of Enforcement and Execution; Memorandum of Points and Authorities; Declaration of Brian G Wolf filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. Motion set for hearing on 12/4/2006 at 10:00 AM before Judge A. Howard Matz. Lodged Proposed order. (ir, ) (Entered: 11/22/2006)
NOTICE OF NON OPPOSITION 491
MINUTES OF IN CHAMBERS ORDER KISS , 495
ORDER 496 551 553 555 621 656
NOTICE OF APPEAL 499 542
APPEAL FEE PAID 500.1
NOTIFICATION 503 547
NOTICE OF MOTION AND MOTION 504
MEMORANDUM 505
NOTICE OF FUTURE LODGMENT 506
DECLARATION 507
STIPULATION TO CONTINUE HEARING OF PLAINTIFF MOTION FOR CONSIDERATION AND ORDER 508
NOTICE OF ERRATA 509
REQUEST TO TAKE JUDICIAL NOTICE OF EXHIBITS THROUGH IN SUPPORT OF MOTION , MOTION MOTION 510
Transmission of Notice of Appeal and Docket Sheet 510.1 542.1
Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded 510.2
EVIDENTIARY OBJECTIONS AND MOTION 515
MEMORANDUM OF POINTS AND AUTHORITIES 516
OPPOSITION 517
PLAINTIFF REPLY 533
OBJECTIONS TO STRIKE 538
MINUTES DENIES 541
Civil Appeals Docketing Statement received from Plaintiff Vincent Cusano forwarded 541.1
TRANSCRIPT DESIGNATION AND ORDERING FORM 548
CERTIFICATE OF RECORD 549
11-20-2006 486 Plaintiff Vincent Cusano's REQUEST for Continuance of Defendant's December 4, 2006 Motion filed by plaintiff Vincent Cusano. Request set for hearing on 12/4/2006 at 10:00 AM before Judge A. Howard Matz. Lodged proposed order. (shb, ) (Entered: 11/21/2006)
OPPOSITION 489
11-21-2006 487 EX PARTE APPLICATION to Continue December 4, 2006 hearing date on Defendant's Motion to Modify Stay of Enforcement and Execution Thirty Five (35) days to January 8, 2007 or the next available court date; Memorandum of points and authorities and Declaration of Jeffrey S Benice filed by Plaintiff Vincent Cusano. Lodged proposed order. (shb, ) (Entered: 11/22/2006)
DECLARATION EX PARTE APPLICATION 488
OPPOSITION 489
ORDER 492
11-21-2006 488 DECLARATION of Jeffrey S Benice re Plaintiff Vincent Cusano's re EX PARTE APPLICATION to Continue December 4, 2006 hearing date onDefendant's Motion to Modify Stay of Enforcement and Execution Thirty Five (35) days to January 8, 2007 or the next available court date[487] filed by Plaintiff Vincent Cusano, Vincent Cusano. (shb, ) (Entered: 11/22/2006)
11-21-2006 489 OPPOSITION to (1) EX PARTE APPLICATION to Continue December 4, 2006 hearing date onDefendant's Motion to Modify Stay of Enforcement and Execution Thirty Five (35) days to January 8, 2007 or the next available court date[487] and (2)REQUEST REQUEST for Continuance of Defendant's December 4, 2006 Motion [486], filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (shb, ) (Entered: 11/22/2006)
11-22-2006 489.1 PLACED IN FILE - NOT USED re (Proposed) Order (shb, ) (Entered: 11/28/2006)
11-22-2006 491 NOTICE OF NON-OPPOSITION by Plaintiff to Defendants Motion to Modify Stay of Enforcement and Execution [490] filed by Defendants Kiss Catalog Ltd, Gene Klein, Paul Stanley, Kiss Company The. (ir, ) (Entered: 11/27/2006)
11-22-2006 493 Plaintiff's EX PARTE APPLICATION to Continue Defendant's 12/4/06 hearing; Memorandum of points and authorities and Declaration of Vincent Cusano in support thereof filed by Plaintiff Vincent Cusano. Lodged proposed order. (shb, ) (Entered: 11/28/2006)
OPPOSITION 494
11-27-2006 492 ORDER by Judge A. Howard Matz regarding Plaintiff Vincent Cusano Ex Parte Application to Continue December 4, 2006 hearing date onDefendant's Motion to Modify Stay of Enforcement and Execution Thirty Five (35) days to January 8, 2007 or the next available court date [487] is DENIED. (ir, ) (Entered: 11/27/2006)
11-27-2006 494 OPPOSITION to Plaintiff's EX PARTE APPLICATION to Continue Defendant's 12/4/06 hearing on Defendants Motion to modify stay of enforcement and execution[493] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (shb, ) (Entered: 11/28/2006)
11-29-2006 494.1 PLACED IN FILE - NOT USED re (Proposed) Order Modifying Stay of Enforcement and Execution, lodged 11/8/06 submitted by Defendants Kiss Catalog Ltd, Gene Klein, Paul Stanley, Kiss Company The. (ir, ) (Entered: 11/30/2006)
11-29-2006 495 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : After consideration of the briefs on the motion of Defendants Gene Klein, Paul Stanley, the KISS Company, and KISStory Ltd. to modify the stay of enforcement and execution, the Court hereby GRANTS the motion [490]. The partial stay of execution reflected by the Court's ruling of 12/1/04, as corrected by the Order dated 12/9/04, is lifted. Defendants are entitled to levy on One Hundred Percent (100%) of all the royalties referred to in the Court's 3/24/05 "Order Re Levy on Cusano Royalties" and consistent with that Order. Court declines to impose monetary sanctions. No hearing is necessary. Fed. R. Civ. P. 78; L.R. 7-15. Court Reporter: Not Reported. (smo, ) (Entered: 11/29/2006)
NOTICE OF APPEAL 499 542
APPEAL FEE PAID 500.1
NOTIFICATION 503 547
NOTICE OF MOTION AND MOTION 504
MEMORANDUM 505
NOTICE OF FUTURE LODGMENT 506
DECLARATION 507
STIPULATION TO CONTINUE HEARING OF PLAINTIFF MOTION FOR CONSIDERATION AND ORDER 508
NOTICE OF ERRATA 509
REQUEST TO TAKE JUDICIAL NOTICE OF EXHIBITS THROUGH IN SUPPORT OF MOTION , MOTION MOTION 510
Transmission of Notice of Appeal and Docket Sheet 510.1 542.1
Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded 510.2
EVIDENTIARY OBJECTIONS AND MOTION 515
MEMORANDUM OF POINTS AND AUTHORITIES 516
OPPOSITION 517
PLAINTIFF REPLY 533
OBJECTIONS TO STRIKE 538
MINUTES DENIES 541
Civil Appeals Docketing Statement received from Plaintiff Vincent Cusano forwarded 541.1
TRANSCRIPT DESIGNATION AND ORDERING FORM 548
CERTIFICATE OF RECORD 549
ORDER 551 553 555 621 656
11-29-2006 496 ORDER by Judge A. Howard Matz DENIED Defendants Motion to Modify Stay of Enforcement and Execution [490] (ir, ) (Entered: 11/30/2006)
12-12-2006 497 REQUEST to Substitute attorney Vincent Cusano in place of attorney Jeffrey S Benice filed by Plaintiff and Counterdefendant Vincent Cusano. (ir, ) (Entered: 12/14/2006)
ORDER 498
12-13-2006 498 ORDER by Judge A. Howard Matz on Request to Substitute Vincent Cusano in place of attorney Jeffrey S Benice [497] GRANTED.(ir, ) (Entered: 12/14/2006)
12-13-2006 504 NOTICE OF MOTION AND MOTION for Reconsideration of the Courts 11/29/06 Ruling on Defendants Motion to modify the Stay of Enforcement and Execution [495] and/or in the alternative for Relief from Judgment filed by Plaintiff Vincent Cusano. Motion set for hearing on 1/29/2007 at 10:00 AM before Judge A. Howard Matz. Lodged Proposed Order. (ir, ) (Entered: 01/11/2007)
MEMORANDUM 505
NOTICE OF FUTURE LODGMENT 506
DECLARATION 507
STIPULATION TO CONTINUE HEARING OF PLAINTIFF MOTION FOR CONSIDERATION AND ORDER 508
NOTICE OF ERRATA 509
REQUEST TO TAKE JUDICIAL NOTICE OF EXHIBITS THROUGH IN SUPPORT OF MOTION , MOTION MOTION 510
EVIDENTIARY OBJECTIONS AND MOTION 515
MEMORANDUM OF POINTS AND AUTHORITIES 516
OPPOSITION 517
PLAINTIFF REPLY 533
OBJECTIONS TO STRIKE 538
MINUTES DENIES 541
Civil Appeals Docketing Statement received from Plaintiff Vincent Cusano forwarded 541.1
NOTICE OF APPEAL 542
Transmission of Notice of Appeal and Docket Sheet 542.1
NOTIFICATION 547
ORDER 551 553 656
12-13-2006 505 MEMORANDUM of Points and Authorities in Support of Motion for Reconsideration of the Courts 11/29/06 Ruling on Defendants Motion to modify the Stay of Enforcement and Execution [495] and/or in the alternative for Relief from Judgment [495] [504] filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/11/2007)
12-13-2006 506 NOTICE OF FUTURE LODGMENT of Exhibits in support of Plaintiffs Motion for Reconsideration for Reconsideration of the Courts 11/29/06 Ruling on Defendants Motion to modify the Stay of Enforcement and Execution [495] and/or in the alternative for Relief from Judgment [495][504] filed by Plainitff Vincent Cusano. (ir, ) (Entered: 01/11/2007)
12-13-2006 507 DECLARATION of Vincent Cusano in support of Plaintiffs Motion for Reconsideration of the Courts 11/29/06 Ruling on Defendants Motion to modify the Stay of Enforcement and Execution [495] and/or in the alternative for Relief from Judgment [504] filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/11/2007)
EVIDENTIARY OBJECTIONS AND MOTION 515
12-26-2006 499 NOTICE OF APPEAL to 9th CCA filed by PlaintiffVincent Cusano. Appeal of In Chambers Order/Directive - no proceeding held,,,, Link Motions to Minutes,,, [495] Filed On: 11/29/06; Entered On: 11/29/06; Filing fee $ 455. Billed. cc: Vincent Cusano; Brian G. Wolf (car, ) (Entered: 12/28/2006)
APPEAL FEE PAID 500.1
NOTIFICATION 503
Transmission of Notice of Appeal and Docket Sheet 510.1
Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded 510.2
TRANSCRIPT DESIGNATION AND ORDERING FORM 548
CERTIFICATE OF RECORD 549
ORDER 555 621 656
12-26-2006 509 NOTICE OF ERRATA filed by Plaintiff Vincent Cusano, correcting MOTIONS for Reconsideration [495] and for Relief from Judgment [504]. (gg, ) (Entered: 01/18/2007)
12-26-2006 510 REQUEST TO TAKE JUDICIAL NOTICE OF EXHIBITS 1 THROUGH 9 IN SUPPORT OF MOTION for Reconsideration[495] and MOTION for Relief from Judgment MOTION [504], filed by plaintiff Vincent Cusano. (gg, ) (Entered: 01/18/2007)
12-28-2006 510.1 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, [499] (car, ) (Entered: 12/28/2006)
12-28-2006 510.2 Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded to 9th CCA. RE: Appeal to Circuit Court, [499] (car, ) (Entered: 12/28/2006)
12-28-2006 501 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Plaintiff notice of errata to cure Plaintiff's request to take judicial notice of exhibit submitted by Plaintiff Vincent Cusano received on 12/26/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(shb, ) (Entered: 01/04/2007)
12-29-2006 500 REQUEST to Substitute attorney Jannik P Catalano, Esq. in place of attorney Vincent Cusano, In Pro Per filed by Plaintiff and Counterdefendant Vincent Cusano, Vincent Cusano. Lodged proposed order. (shb, ) (Entered: 01/03/2007)
ORDER 502
01-04-2007 500.1 APPEAL FEE PAID: re Appeal to Circuit Court, [499] as to Plaintiff Vincent Cusano; Receipt Number: 91872 in the amount of $455. (car, ) (Entered: 01/08/2007)
01-04-2007 502 ORDER by Judge A. Howard Matz on Request to Substitute attorney Jannik P Catalano, Esq. in place of attorney Vincent Cusano, In Pro Per [500] GRANTED. (ir, ) (Entered: 01/05/2007)
01-05-2007 503 NOTIFICATION by Circuit Court of Appellate Docket Number 06-56871, 9th CCA regarding Appeal to Circuit Court, [499] filed by Vincent Cusano (car, ) (Entered: 01/05/2007)
01-12-2007 508 STIPULATION TO CONTINUE HEARING OF PLAINTIFF'S MOTION FOR CONSIDERATION AND ORDER by Judge A. Howard Matz : re MOTION for Reconsideration [495] MOTION for Relief from Judgment MOTION for Relief from Judgment[504] Motion reset for hearing on 2/5/2007 at 10:00 AM before Judge A. Howard Matz.(shb, ) (Entered: 01/16/2007)
01-12-2007 511 REQUEST for Order for oral argument at 1/29/07 motion for reconsideration, pursuant to L.R. 7-18(a) of the Court's 11/29/06 Ruling on Defendant's Motion to Modify the Stay of Enforcement and Execution and/or in the Alternative Motion for relief of Judgment, Pursuant to Rule 60(b) filed by Plaintiff Vincent Cusano. Request set for hearing on 1/29/2007 at 10:00 AM before Judge A. Howard Matz. (shb, ) (Entered: 01/18/2007)
01-12-2007 515 EVIDENTIARY OBJECTIONS AND MOTION to Strike Declaration of Vincent Cusano regarding Motion for Reconsideration [507] filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (jp) (Entered: 01/25/2007)
01-12-2007 516 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Plaintiff MOTION for Reconsideration Court Order [495][504] filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (jp) (Entered: 01/25/2007)
01-18-2007 513 NOTICE OF MOTION AND MOTION to Disqualify District Judge A. Howard Matz filed by Plaintiff Vincent Cusano. (rn, ) (Entered: 01/22/2007)
REFERRAL OF MOTION 514
MEMORANDUM 518 535 537
DECLARATION 519 520 521
MINUTES 525
OPPOSITION 525.2
EVIDENTIARY OBJECTIONS 525.3
EVIDENTIARY OBJECTIONS, MOTION 525.4 528 530 532
ORDER 526
EVIDENTIARY OBJECTIONS MOTION 529
NOTICE OF CLERICAL ERROR 531
01-18-2007 518 MEMORANDUM of Points and Authorities in Support of Motion to Disqualify District Judge A. Howard Matz [513] filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/26/2007)
01-18-2007 519 DECLARATION of Janet Kohnenberger in support of Plaintiffs Motion to Disqualify District Judge A. Howard Matz [513] filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/26/2007)
01-18-2007 520 DECLARATION of Vincent Cusano in support of Plaintiffs Motion to Disqualify District Judge A. Howard Matz [513] filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/26/2007)
01-18-2007 521 DECLARATION of Jannik P Catalano in support of Plaintiffs Motion to Disqualify District Judge A. Howard Matz [513] filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/26/2007)
EVIDENTIARY OBJECTIONS MOTION 529
01-18-2007 522 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 01/26/2007)
01-19-2007 512 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Plaintiffs Notice of Motion to Disqualify Judge Matz; Plaintiffs Memorandum of Points and authorities, Declaration of Calalan, Declaration of Kohnenberger, Declaration of Cusano, Plaintiff Request for Judicial Notice, Proposed Order submitted by Plaintiff Vincent Cusano received on 1/18/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. This motion will be referred to another judge. No hearing date need be specified. (ir, ) (Entered: 01/22/2007)
01-22-2007 514 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 224 and GO 194 MOTION to Disqualify District Judge A. Howard Matz[513] is referred to Judge George P. Schiavelli for determination.(rn, ) (Entered: 01/22/2007)
01-22-2007 517 OPPOSITION to Plaintiffs Request for Judicial Notice in support of Motion for Reconsideration [495] [504] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The. (ir, ) (Entered: 01/26/2007)
01-22-2007 523 EX PARTE APPLICATION for an Order shortening Time to hear Motion for Disqualification or in the alternative to continue Plaintiffs 2/5/07 Motion for Reconsideration to allow the motion for disqualification to be heard prior thereto; Memorandum of Points and Authorities; Declaration of Jannik P Catalano in support thereof filed by Plaintiff Vincent Cusano. Lodged Proposed Order, Proposed Motion and Order. (ir, ) (Entered: 01/26/2007)
OPPOSITION 524
MINUTES 525
01-24-2007 524 OPPOSITION to Plaintiffs Ex Parte Application for an Order shortening time [523] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (ir, ) (Entered: 01/26/2007)
01-26-2007 525 MINUTES: Order Denying Plaintiffs Ex Parte Applicatdion for an Order shortening time (In Chambers): Plaintiffs Ex Parte Application to Shorten Time [523] is DENIED. Because Plaintiffs Motion to Disqualify District Judge A. Howard Matz [513] is suitable for decision without oral argument, it it taken UNDER SUBMISSION. The Court will issue its order regarding Plaintiffs Motion to disqualify early next week IT IS SO ORDERED by Judge George P. Schiavelli Court Reporter: Not present. (ir, ) (Entered: 01/26/2007)
01-29-2007 525.1 Set Deadlines/Hearings: Response to Order to Show Cause due by 1/31/2007. Show Cause Hearing set for 2/2/2007 02:00 PM before Judge George P. Schiavelli. (shb, ) (Entered: 01/30/2007)
01-29-2007 525.2 OPPOSITION to Plaintiff's MOTION to Disqualify District Judge A. Howard Matz[513]; Request for Sanctions; Declaration of Brian G Wolf filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-29-2007 525.3 EVIDENTIARY OBJECTIONS to AND MOTION TO STRIKE DECLARATION OF VINCENT CUSANO RE PLAINTIFF'S MOTION to Disqualify District Judge A. Howard Matz[513][528] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-29-2007 525.4 EVIDENTIARY OBJECTIONS and MOTION to Strike Declaration of Janet Kohnenberger re Plaintiff's Motion to Disqualify Judge Matz [513][519 filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-29-2007 526 ORDER by Judge George P. Schiavelli,DENYING Plaintiff's MOTION to Disqualify District Judge A. Howard Matz[513] and ORDER TO SHOW CAUSE WHY PLAINTIFF'S COUNSEL SHOULD NOT BE SANCTIONED. Plaintiff's counsel is hereby ORDERED to show cause why he should not be sanctioned for violating Rule 11 of the Federal Rules of Civil Procedure as well as Local rule 7-3. Any response to this OSC must be filed by January 31, 2007. counsel for both parties are to appear at the OSC hearing to be held in this court on February 2, 2007 at 2:00 p.m. IT IS SO ORDERED.(shb, ) (Entered: 01/30/2007)
MEMORANDUM 535 537
01-29-2007 527 OPPOSITION TO PLAINTIFF'S MOTION TO DISQUALIFY HON. A. HOWARD MATZ; REQUEST for Sanctions; Declaration of Brian G Wolf filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-29-2007 528 EVIDENTIARY OBJECTIONS and MOTION to Strike Declaration of Vincent Cusano re Plaintiff's MOTION to Disqualify District Judge A. Howard Matz[513] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
EVIDENTIARY OBJECTIONS 525.3
01-29-2007 529 EVIDENTIARY OBJECTIONS ans MOTION to Strike Declaration of Jannik P Catalano re Plaintiff's Motion to Disqualify Judge Matz [521] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-29-2007 530 EVIDENTIARY OBJECTIONS and MOTION to Strike Declaratioan of Janik P Catlano re MOTION to Disqualify District Judge A. Howard Matz[513] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
NOTICE OF CLERICAL ERROR 531
01-29-2007 532 EVIDENTIARY OBJECTIONS and MOTION to Strike Declaration of Janet Kohnenberger re Plaintiff's Motion to Disqualify Judge Matz [513][519] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-29-2007 533 PLAINTIFF'S REPLY to Defendants' Opposition to MOTION for Reconsideration of the Courts Order [495] [504] filed by Plaintiff Vincent Cusano. (shb, ) (Entered: 02/02/2007)
01-31-2007 535 Defendants'MEMORANDUM of Points and Authorities in Support of OSC re sanctions against Plaintiff's counsel to Rule 11 [526] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (shb, ) (Entered: 02/02/2007)
01-31-2007 536 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: The Court recently learned that Plaintiff's counsel, Jannik Catalano, may not be admitted to practice before this Court. Mr. Catalano should be prepared to discuss this issue at the hearing scheduled to be heard before this Court on February 2, 2007. IT IS SO ORDERED.Court Reporter: Not Present. (shb, ) (Entered: 02/02/2007)
01-31-2007 537 MEMORANDUM of Points and Authorities and Declaration of Jannik P Catalano in Response to Order to Show Cause [526] (shb, ) (Entered: 02/02/2007)
02-01-2007 537.1 PLACED IN FILE - NOT USED re Order on request fof approval of substitution of attorney submitted by Plaintiff and Counterdefendant Vincent Cusano, Vincent Cusano. (shb, ) (Entered: 02/02/2007)
02-01-2007 538 OBJECTIONS TO STRIKE (1) Declaration of Vincent Cusano and (2) Reply to Defendants Opposition to Motion for Reconsideration of Court Order [495][504] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (ir, ) (Entered: 02/05/2007)
02-01-2007 539 REQUEST to Substitute attorney Patrick E Catalano in place of attorney Jannik P Catalano filed by Plaintiff Vincent Cusano, Vincent Cusano. Lodged proposed order. (shb, ) (Entered: 02/05/2007)
02-02-2007 531 NOTICE OF CLERICAL ERROR: Due to clerical error: Document control number 530 was given a number in error. This docket entry was the second part of Document number 529 and was not to receive a number. There is no physical document for number 530. Re: Response in Opposition to Motion, [530] (shb, ) (Entered: 02/02/2007)
02-02-2007 534 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On the Court's own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION Plaintiff's Motion for Reconsideration, Pursuant to L.R. 7-18(a) of the Court's 11/29/06 Ruling on Defendants' Motion to Modify the Stay of Enforcement and Execution and/or in the Alternative Motion for Relief of Judgment Pursuant to Rule 60(b) [Filed 12/13/06]. The parties will be notified if a hearing is necessary. Court Reporter: N/A. (smo, ) (Entered: 02/02/2007)
02-02-2007 540 MINUTES: Order to Show Cause Regarding Sanctions; Court hereby ORDERS Mr. Catalano to provide proof of his admittance to Judge Matz at the 2/5/07 hearing that is to take place in this case. This Court will take no further action on this issue and leaves any repercusions for Judge Matz to determine. Plaintiffs counsel shall be SANCTIONED $2500.00. Because Plaintiffs counsel represented that such a high level of sanctions could be debilitating, Court will allow him 180 days to pay the sanctions into Court IT IS SO ORDERED by Judge George P Schiavelli Court Reporter: Rosalyn Adams. (ir, ) Modified on 2/6/2007 (ir, ). (Entered: 02/06/2007)
02-05-2007 541 MINUTES: In Chambers; Court DENIES Plaintiffs Motion for Reconsideration [495] [504]. It is utterly without merit. Plaintiff has demonstrated a longstanding intention to pursue frivolous claims, even against the advice of counsel. Plaintiff is hereby advised: if he files any further frivolous or meritless motions or papers and defendants establish a basis for relief under Rule 11, Section 1927 of Title 28, or the Court inherent power, the Court will impose substantial sanctions upon him IT IS SO ORDERED by Judge A. Howard Matz Court Reporter: N/A. (ir, ) (Entered: 02/07/2007)
Civil Appeals Docketing Statement received from Plaintiff Vincent Cusano forwarded 541.1
NOTICE OF APPEAL 542
Transmission of Notice of Appeal and Docket Sheet 542.1
NOTIFICATION 547
ORDER 551 553 656
02-13-2007 541.1 Civil Appeals Docketing Statement received from Plaintiff Vincent Cusano forwarded to 9th CCA. RE: Appeal to Circuit Court, [542] (car, ) (Entered: 02/14/2007)
02-13-2007 542 NOTICE OF APPEAL to 9th CCA filed by Plaintiff Vincent Cusano. Appeal of In Chambers Order/Directive - no proceeding held,,, Link Motions to Minutes,, [541] Filed On: 2/5/07; Entered On: 2/7/07; Filing fee $455, Paid, receipt number 93108. cc: Vincent Cusano; Brian G. Wolf.(car, ) (Entered: 02/14/2007)
Civil Appeals Docketing Statement received from Plaintiff Vincent Cusano forwarded 541.1
Transmission of Notice of Appeal and Docket Sheet 542.1
NOTIFICATION 547
ORDER 551 553 656
02-14-2007 542.1 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, [542] (car, ) (Entered: 02/14/2007)
02-20-2007 548 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/29/04; Court Reporter: Maria Bustillos; Court of Appeals Case Number: 06-56871; Re: Appeal to Circuit Court, [499] (et) (Entered: 02/26/2007)
02-22-2007 543 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Request for Approval of Substitution of Attorney submitted by Counter Defendant Vincent Cusano, Plaintiff Vincent Cusano received on 2/22/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: 02/23/2007)
02-22-2007 544 REQUEST to Substitute Vincent Cusano in Pro Se in place of attorney Jannik P Catalano filed by Plaintiff Vincent Cusano. (ir, ) (Entered: 02/23/2007)
ORDER 546
02-22-2007 545 NOTICE of Change of Attorney Information: Attorney Jannik P Catalano will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Jannik P Catalano is no longer attorney of record in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Vincent Cusano, Vincent Cusano (bb, ) (Entered: 02/23/2007)
02-23-2007 546 ORDER by Judge A. Howard Matz on Request to Substitute Vincent Cusano in Pro Se in place of attorney Jannik P Catalano [544] GRANTED. (ir, ) (Entered: 02/26/2007)
02-26-2007 547 NOTIFICATION by Circuit Court of Appellate Docket Number 07-55228, 9th CCA regarding Appeal to Circuit Court, [542] filed by Vincent Cusano. (et) (Entered: 02/26/2007)
05-18-2007 549 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, [499] filed by Vincent Cusano; Court of Appeals Case Number: 06-56871. (lr, ) (Entered: 05/18/2007)
05-30-2007 550 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 31; Transcripts(s): 7, 7 Brown Folders: 147, 161, 223, 303, 451, 57; RE: Appeal Record Sent to USCA (A-26)[469] (lr) (Entered: 06/07/2007)
07-13-2007 552 AMENDED ORDER from 9th CCA filed, CCA # 03-56650. Appellant Vincent Cusano, a former member of the rock bank KISS, file this diversity action against appellees Gene Klein, Paul Stanley nee Stanley Eisen, The KISS Company, Gene Simmons Worldwide, Inc., Simstan Music, Ltd., KISSStory, Ltd., Polygram Records, Inc., and Horipro Entertainment Group (together "KISS") for damages for unpaid royalties. After an earlier appeal and a remand, the district court granted KISS's motion for summary judgment. Cusano's objection to Albert's filing of a motion for reconsideration of the Appellate Commissioner's 4/26/07 order is overruled. Albert's request for further briefing regarding the question of appotionment is denied as unnecessary. Albert's motion for reconsideration is granted in part and Cusano's pro se motion for reconsideration is denied, as reflected in this order. The 4/26/07 order is withdrawn and this order is subtituted, amending amends Sections I, II(D), and III of the 4/26 order and adding a new section II(E) to the order. Attorney's fees in the amount of $71,448 are awarded in favor of appellees Gene Klein, Paul Stanley nee Stanely Eisen, The KISS Company, Gene Simmons Worldwide Inc., Simstan Music, Ltd., KISStory, Ltd., Polygram Records, Inc., and Horipro Entertainment Group, and jointly and severally against appellant Vincent Cusano and his attorney, Craig J. Albert. Attorney's fees in the amount of $37,925.40 are awarded in favor of appellees. A certified copy of this order sent to the district court shall serve to amend this court's mandate. Order received in this district on 7/18/07. (car) Modified on 7/23/2007 (car, ). (Entered: 07/23/2007)
07-17-2007 551 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, [542] filed by Vincent Cusano, CCA # 07-55228. Order received in this district on 7/19/07. Appellants motion for an extension of time to file the opening brief is granted. The opening brief is due September 17, 2007. The answering breif is due October 17, 2007. The optional reply brief is due 14 days after service of answering brief. (lr) (Entered: 07/19/2007)
07-17-2007 553 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, [542] filed by Vincent Cusano, CCA # 07-55228. Order received in this district on 7/19/07. Appellants motion for an extension of time to file the opening brief is granted. The opening brief is due September 17, 2007 The answering brief is due October 17, 2007. The optional reply is due 14 days after service of answering brief. (lr) (Entered: 07/26/2007)
08-07-2007 554 APPLICATION AND ORDER for Appearance and Examination (Enforcement of Judgment) filed by Defendants as to Plaintiff Vincent Cusano. Signed by Charles F. Eick.Judgment Debtor Exam set for 9/14/2007 09:30 AM before Magistrate Judge Charles F. Eick.(sp) (Entered: 08/10/2007)
PROOF OF SERVICE 556
08-16-2007 555 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, [499] filed by Vincent Cusano, CCA # 06-56871. The appellant's unopposed motion for a third and final extension of time to file the opening brief is granted. The briefing schedule has been set. Order received in this district on 8/20/07. (car) (Entered: 08/21/2007)
09-04-2007 556 PROOF OF SERVICE of Civil Subpoena (Duces Tecum) for personal appearance and production of documents and things at trial or hearing and declaration; Application and Order for Appearance and Examination Enforcement of Judgment; Judgment Debtor [554] served on 8/13/2007 filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (jp) (Entered: 09/06/2007)
09-06-2007 557 MINUTES OF IN CHAMBERS ORDER held before Judge Charles F. Eick. The "Judgment Debtor's Ex Parte Application for Order Shortening Time, etc.", lodged on 8/31/07 and "Judgment Debtor's Motion to Quash the Order for Appearance and Examination, etc.", lodged 8/31/07, are ordered filed. The Court has read and considered the application and Defendants' "Opposition to Ex Parte Application for an Order Shortening time to Hear Motion to Quash," received 9/6/07. The previously noticed 9/7/07 hearing date is vacated. Defendant shall file a response to the motion on or before 9/11/07. At that time the Court will take the motion under submission without oral argument, unless the Court otherwise orders. (sp) (Entered: 09/10/2007)
09-06-2007 558 EX PARTE APPLICATION to Shorten Time for an order shortening time to hear motion to quash the order for appearance, civil subpoena and the 9/14/07 debtor exam; Memorandum of Points and Authorties; Declaration of Vincent Cusano in support thereof filed by Plaintiff Vincent Cusano.(sp) (Entered: 09/12/2007)
MEMORANDUM 561
09-06-2007 559 MOTION to Quash the order for appearance and examination, civil subpoena for personal appearance and production of documents and declaration, and the 9/14/07 debtor's exam; Memorandum of Points and Authorities; Declaration of Vincent Cusano in support thereof filed by Plaintiff Vincent Cusano.Motion set for hearing on 9/7/2007 at 09:30 AM before Magistrate Judge Charles F. Eick. (sp) (Entered: 09/12/2007)
OPPOSITION 562
09-06-2007 561 MEMORANDUM in Opposition to EX PARTE APPLICATION to Shorten Time for Hearing[558] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (dbu) (Entered: 09/12/2007)
09-11-2007 560 MINUTES OF IN CHAMBERS ORDER held before Judge Charles F. Eick. The Court has read and considered all papers in support of and in opposition to the "Judgement Debtor's Motion to Quash the Order for Appearance and Examination, etc.", lodged 8/31/07. The Court has taken the motion under submission without oral argument. Because Defendants evidently failed to effect on Plaintiff proper service of the "Order to Appear for Examination," filed 8/7/07, the previously scheduled 9/14/07 examination is vacated. See Cal. Civ. Proc. Code 708.110(d), 415.10. (sp) (Entered: 09/12/2007)
JUDGMENT DEBTOR VINCENT CUSANO NOTICE OF MOTION AND MOTION 567
09-11-2007 562 OPPOSITION to MOTION to Quash [559] ; Declaration of Henry L Self III filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (esa) (Entered: 09/19/2007)
10-01-2007 563 ORDER from 9th CCA filed, CCA # 03-56650. Order received in this district on 10/04/07. The court has received appellant Vincent Cusanos pro se motion for reconsideration of the Appellate Commissioners July 13, 2007 amended order, an accompanying declaration, an errata, and a pro se motion for judicial notice. Appellant Cusanos motion for judicial notice is granted. We have considered the evidence prsented by appellant Cusano in support of this motion for reconsideration and his claim of insolvency. Appellant Cusanos motion for reconsideration of the Appellate Commissioners July 13, 2007 amended order is denied. Accordingly, the Appellate Commissioners July 13, 2007 amended order shall remain in effect, awarding attorneys fees in the amount of $71,448 in favor of appellees Gene Klein, Paul Stanley nee Stanley Eisen, The KISS Company, Gene Simmons Worldwide, Inc., Simstan Music, Ltd, KISStory, Ltd, Polgram Records, Inc., and Horipro Entertainment Group and jointly and severally against appellant Vincent Cusao and his attorney, Craig J. Albert, Esq., and awarding attorneys fees in the amount of $37, 925.40 in favor of appellees Gene Klein, Paul Stanley nee Stanley Eisen, The KISS Company, Gene Simmons Worldwide, Inc., Simstan Music, Ltd., KiSStory, Ltd., Polygram Records, Inc., and Horipro Entertainment Group and against appellant Vincent Cusano individually. Post judgment interest on the attorneys fees award shall accrue from the date of the Appellate Commissioners July 13, 2007 amended order. A certified copy of this order sent to the district court shall serve to amend this courts mandate. Pursuant to the courts February 15, 2006 order, no additional filigs from appellant Cusano will be accepted. (lr) Modified on 10/11/2007 (lr, ). (Entered: 10/11/2007)
10-05-2007 563.1 FINANCIAL ENTRY: Received $2,500.00 sanctions payment from Jannik Catalano on 6/28/07. (ek) (Entered: 10/05/2007)
11-06-2007 564 Application and ORDER by Judge Charles F. Eick Granting Judgment Debtor Exam (Vincent Cusano) set for 12/21/2007 09:30 AM before Magistrate Judge Charles F. Eick. (sp) (Entered: 11/06/2007)
12-06-2007 565 NOTICE OF MOTION AND MOTION to Amend or Alter Judgment; Memorandum of Points and Authorities; Declaration of Brian G. Wolf; [Proposed] Judgment] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc.Motion set for hearing on 1/7/2008 at 10:00 AM before Judge A. Howard Matz. (vh) (Entered: 12/12/2007)
OPPOSITION 579
REPLY MOTION 589
MINUTES OF IN CHAMBERS 591
12-10-2007 567 JUDGMENT DEBTOR VINCENT CUSANO'S NOTICE OF MOTION AND MOTION for an Order to 1) Quash Civil Subpoena Pursuant to CCP 708.160(b) and Rule 45; 2) Vacate the Order for Appearance and Examination and 12/21/07 Debtor's Exam Pursuant to CCP 708.160(b) and Rule 45, 3) for 1927 Sanction; for Rule 45 Sanction; for Rule 11 Sanctions, re MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,, [560] filed by Plaintiff in Pro Per Vincent Cusano.Motion set for hearing on 12/14/2007 at 09:30 AM before Judge A. Howard Matz. (vh) (Entered: 12/14/2007)
12-10-2007 568 JUDGMENT DEBTOR'S EX PARTE APPLICATION for an Order Shortenting Time to Hear: 1) Motion to Quash Civil Subpoena (Duces Tecus), and Vacate the Order for Appearance, and the 12/21/07 Debtor's Exam; and 2) Motion for (1) issuance of an OSC Re Debtor's Exam (2) for Evidentiary Hearing, and (3) Enjoining Kiss from Scheduling a Third Debtor's Exam Pending Outcome of Evidentiary Hearing; Memorandum of Points and Authorities; Declaration of Vincent Cusano in Support Thereof; and (Proposed) Order filed by Plaintiff in Pro Per Vincent Cusano.(vh) (Entered: 12/14/2007)
OPPOSITION TO JUDGMENT DEBTOR EXPARTE APPLICATION FOR AN ORDER SHORTENING TIME 570
CLAIM OF EXEMPTION AND FINANCIAL DECLARATION 574
PROOF OF SERVICE 575 576 577
NOTICE OF OPPOSITION 585 586
12-10-2007 569 DECLARATION of Vincent Cusano Re: Status of Income and Assets filed by Plaintiff in Pro Per Vincent Cusano. (vh) (Entered: 12/14/2007)
12-10-2007 571 EX PARTE APPLICATION to Shortening time to hear motion to quash civil subpoena; motion for issuance of an osc; for evidentiary hearing; enjoining kidss from scheduling filed by plaintiff Vincent Cusano. (pj) (Entered: 12/19/2007)
12-11-2007 570 OPPOSITION TO JUDGMENT DEBTOR'S EXPARTE APPLICATION FOR AN ORDER SHORTENING TIME; [568] filed by Defendants Horipro Entertainment Group, Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (mb) (Entered: 12/17/2007)
12-12-2007 566 MINUTES OF IN CHAMBERS ORDER held before Judge Charles F. Eick. The Court has read and considered all papers filed in connection with "Judgment Debtor's Ex Parte Application for an Order Shortening Time, etc.", filed 12/10/07, and "Judgment Debtor Vincent Cusano's Motion for an Order to (1) Quash Civil Subpoena, etc." filed 12/10/07. The Court has taken the application and the motion under submission without oral argument. The application and the motion are denied. The vague and proceedurally improper request for sanctions contained in Defendants' "Opposition to Judgment Debtor's Ex Parte Application, etc.," filed 12/11/07, is denied without prejudice. (See document for further information). (sp) (Entered: 12/12/2007)
NOTICE OF APPEAL 572
NOTICE OF APPEAL NOTIFICATION 573
ORDER 580 622 639 651
NOTIFICATION 590
12-19-2007 581 NOTICE of Change of Address by Vincent Cusano changing address to PO Box 681572; Franklin, TN 37068. Filed by plaintiff Vincent Cusano. (jp) (Entered: 01/02/2008)
12-20-2007 572 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Vincent Cusano. Appeal of Minutes of In Chambers Order [566] Filed On: 12/12/07; Entered On: 12/12/07; Filing fee $455, PAID receipt number 102854. cc: Vincent Cusano; Brian G. Wolf. (cbr) Modified on 12/26/2007 (cbr, ). (Entered: 12/26/2007)
NOTICE OF APPEAL NOTIFICATION 573
ORDER 580 622 639 651
NOTIFICATION 590
12-20-2007 574 CLAIM OF EXEMPTION AND FINANCIAL DECLARATION re [568] filed by Plaintiff Vincent Cusano. (jp) (Entered: 12/30/2007)
PROOF OF SERVICE 575 576 577
NOTICE OF OPPOSITION 585 586
12-20-2007 575 PROOF OF SERVICE of Notice of Change of Address; Claim of Exemption and Financial Declaration [574] served on 12/19/2007 filed by plaintiff Vincent Cusano. (jp) (Entered: 12/30/2007)
12-20-2007 576 PROOF OF SERVICE filed by plaintiff Vincent Cusano, upon Brian G Wolf (The Kiss Company) served on 12/19/2007. The Notice of Change of Address; Claim of Exemption and Financial Declaration [574] by Personal service upon John Park, Person in Charge. (jp) (Entered: 12/30/2007)
12-20-2007 577 PROOF OF SERVICE filed by plaintiff Vincent Cusano, upon Brian G Wolf (Gene Klein) served on 12/19/2007. The Notice of Change of Address; Claim of Exemption and Financial Declaration [574] by Personal service upon John Park, Person in Charge. (jp) (Entered: 12/30/2007)
12-20-2007 580 ORDER from 9th CCA filed re: Appeal to 9th Circuit Court of Appeals, [572] filed by Vincent Cusano, CCA # 07-55228. Appellees' motionfor an extension of time to file answering brief is granted. Answering brief is due 01/28/08. Optional reply is due 14 days after servic of the answering brief. (cbr) (Entered: 01/02/2008)
12-20-2007 582 NOTICE of Change of Address by Vincent Cusano changing address to P.O. Box 681572; Franklin, TN 37068. Filed by plaintiff Vincent Cusano. (jp) (Entered: 01/04/2008)
12-20-2007 583 NOTICE OF CHAPTER 13 BANKRUPTCY PETITION filed by Plaintiff Vincent Cusano, Bankruptcy Court for the Middle District of Tennessee, case number 07-09393. (jp) (Entered: 01/04/2008)
12-21-2007 578 NOTICE OF REMOVAL from Calendar of Judgment Debtor Examination filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Polygram Records Inc. (jp) (Entered: 12/30/2007)
12-24-2007 579 OPPOSITION to Defendants MOTION to Amend or Alter Judgment [565] filed by Plaintiff Vincent Cusano. (jp) (Entered: 12/30/2007)
12-26-2007 573 NOTICE OF APPEAL NOTIFICATION form issued regarding Appeal to 9th Circuit Court of Appeals, [572] as to plaintiff Vincent Cusano. (cbr) (Entered: 12/26/2007)
12-28-2007 584 NOTICE OF MOTION AND MOTION for Order Determining Claim of Exemption and Opposition to Plaintiff's Claim of Exemption; Memorandum of Points and Authorities filed by defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Polygram Records Inc. Motion set for hearing on 1/28/2008 at 10:00 AM before Judge A. Howard Matz. (jp) (Entered: 01/05/2008)
NOTICE OF HEARING 587 588
OPPOSITION 592
REPLY MOTION 593
MINUTES OF IN CHAMBERS ORDER 606
12-28-2007 585 NOTICE OF OPPOSITION to Claim of Exemption [574] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Polygram Records Inc. (jp) (Entered: 01/05/2008)
12-28-2007 586 NOTICE OF OPPOSITION to Claim of Exemption [574] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (jp) (Entered: 01/05/2008)
12-28-2007 587 NOTICE OF HEARING on Claim of Exemption [584] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (jp) (Entered: 01/05/2008)
12-28-2007 588 NOTICE OF HEARING on Claim Exemption (Wage Garnishment - FRCP, Rule 64) [584] haring on 1/28/2008 at 10:00 AM before Judge Howard A. Matz filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (jp) (Entered: 01/05/2008)
12-28-2007 589 REPLY in support of MOTION to Amend or Alter Judgment [565] filed by Defendants Horipro Entertainment Group, Gene Klein, Paul Stanley, Kiss Company The, Simstan Music Ltd, Polygram Records Inc. (jp) (Entered: 01/05/2008)
01-08-2008 590 NOTIFICATION by Circuit Court of Appellate Docket Number 07-56877, 9th CCA regarding Appeal to 9th Circuit Court of Appeals, [572] as to Plaintiff Vincent Cusano. (car) (Entered: 01/08/2008)
01-08-2008 591 MINUTES OF IN CHAMBERS (No Proceedings Held) before Judge A. Howard Matz: On December 6, 2007, Defendants filed a motion to amend or alter the Courts September 5, 2003 judgment entered against Plaintiff. On December 19, 2007, Plaintiff filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the Middle District of Tennessee. Pursuant to 13 U.S.C. 362, proceedings in this action are automatically stayed pending the resolution of the bankruptcy petition. The relief Defendants seek would alter the parties rights and obligations under the Courts judgment and to that extent any action by the Court would not be merely ministerial, as Defendants contend. The Court VACATES the motion to amend or alter the judgment [565] without prejudice. (jp) (Entered: 01/10/2008)
01-14-2008 592 OPPOSITION to Defendants MOTION for Order for Determining Claim of Exemption and Opposition to Plaintiff's Claim of Exemption [584] filed by Plaintiff Vincent Cusano. . (jp) (Entered: 01/16/2008)
01-18-2008 593 REPLY in support of MOTION for Order for Determining Claim of Exemption and Opposition to Plaintiff's Claim of Exemption[584] filed by Counter Claimants Gene Klein, Paul Stanley, Defendants Gene Klein, Paul Stanley, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (Self, Henry) (Entered: 01/18/2008)
01-23-2008 594 APPLICATION to File Sur-Reply in Opposition to Defendants Motion for Order Determing Claim of Exemption and Reply to Defendants Opposition to Plaintiff's Claim of Exemption filed by plaintiff Vincent Cusano. (jp) (Entered: 01/24/2008)
01-25-2008 595 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On the Courts own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION Defendants Motion for Order Determining Claim of Exemption and Opposition to Plaintiffs Claim of Exemption [Filed 12/28/07]. The parties will be notified if a hearing is necessary. (smo) (Entered: 01/25/2008)
01-25-2008 596 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On the Courts own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION Plaintiffs Application for Default Judgment by Court against Defendant American Legion Jackie Robinson Post 252 and Paul Madison filed by plaintiffs Jonathan D Chang, Hanna Y Chang [92]. The parties will be notified if a hearing is necessary. (smo) (Entered: 01/25/2008)
NOTICE OF CLERICAL ERROR 597
01-25-2008 597 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes of In Chambers Order/Directive - no proceeding held, [596] was docketed in the wrong case. (smo) (Entered: 01/25/2008)
01-28-2008 598 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On January 23, 2008 Plaintiff Vincent Cusano applied for leave to file a sur-reply in opposition to Defendants motion pursuant to Local Rule 7-10. The Court DENIES the application.No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15. (smo) (Entered: 01/28/2008)
02-04-2008 599 NOTICE OF VOLUNTARY DISMISSAL OF CHAPTER 13 BANKRUPTCY BY JUDGMENT DEBTOR VINCENT CUSANO filed by Defendants Gene Klein, Paul Stanley, Gene Klein, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (Self, Henry) (Entered: 02/04/2008)
02-04-2008 600 NOTICE OF MOTION AND MOTION to Amend JUDGMENT filed by Defendants Gene Klein, Paul Stanley, Gene Klein, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc.Motion set for hearing on 2/25/2008 at 10:00 AM before Judge A. Howard Matz. (Self, Henry) (Entered: 02/04/2008)
OPPOSITION TO DEFENDANTS RE NOTICED MOTION 605
REPLY MOTION 607
MINUTES OF IN CHAMBERS ORDER MOTION 610
NOTICE OF APPEAL 613
Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded 614
NOTICE OF APPEAL NOTIFICATION 615
FILING FEE LETTER 616
APPEAL FEE PAID 617
ORDER 638 656
02-04-2008 601 APPLICATION for Judgment Debtor Exam as to Judgment Debtor Vincent Cusano filed by Defendants Gene Klein, Paul Stanley, Gene Klein, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc.Application set for hearing on 2/29/2008 at 09:30 AM before Magistrate Judge Charles F. Eick. (Self, Henry) (Entered: 02/04/2008)
02-05-2008 602 MINUTES OF IN CHAMBERS ORDER held before Judge Charles F. Eick. Defendants' "Application for Order to Appear for Examination", filed 2/4/08, is denied without prejudice. The application in incomplete. See Application, paragraphs 1,4,5. (sp) (Entered: 02/05/2008)
02-05-2008 603 APPLICATION for Judgment Debtor Exam as to Vincent Cusano filed by Defendants Gene Klein, Paul Stanley, Gene Klein, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc.Application set for hearing on 2/29/2008 at 09:30 AM before Magistrate Judge Charles F. Eick. (Self, Henry) (Entered: 02/05/2008)
02-05-2008 604 APPLICATION AND ORDER for Appearance and Examination (Enforcement of Judgment) filed by Defendant as to Plaintiff Vincent Cusano. Signed by Charles F. Eick.Judgment Debtor Exam set for 2/29/2008 09:30 AM before Magistrate Judge Charles F. Eick. (sp) (Entered: 02/06/2008)
02-11-2008 605 OPPOSITION TO DEFENDANTS RE-NOTICED MOTION to Amend JUDGMENT[600] AND DECLARATION OF VINENT CUSANO filed by Plaintiff Vincent Cusano. (pj) (Entered: 02/14/2008)
02-14-2008 606 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On December 28, 2007, Defendants filed a motion for an order determining two claims of exemptions filed by Plaintiff. Defendants object to Plaintiffs claims to the extent they are based on the categorization of music royalties as wages or earnings under state and federal wage garnishment statutes. As Defendants themselves point out, this very issue is presented in Plaintiffs appeal of this Courts November 29, 2006 order, in which the Court lifted the partial stay of execution of the judgment against Cusano and permitted Defendants to levy Plaintiffs music royalties. See Mot. at 4 n.2. Defendants having failed to address, much less establish, this Courts jurisdiction pending appeal, the Court DENIES their motion without prejudice. After the Court of Appeals issues its ruling, Defendants may renew this motion and their request for sanctions.No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15 [584]. (smo) (Entered: 02/14/2008)
02-15-2008 607 REPLY in support MOTION to Amend JUDGMENT[600] filed by Counter Claimants Gene Klein, Paul Stanley, Defendants Gene Klein, Paul Stanley, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (Self, Henry) (Entered: 02/15/2008)
02-22-2008 608 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On the Courts own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION the MOTION to Amend JUDGMENT filed by Defendants Gene Klein, Paul Stanley, Gene Klein, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc ( # 600). The parties will be notified if a hearing is necessary. (smo) (Entered: 02/22/2008)
02-22-2008 609 NOTICE OF CHAPTER 13 BANKRUPTCY PETITION REFILED by Judgment Debtor Vincent Cusano as to Vincent Cusano (se) (Entered: 02/25/2008)
02-22-2008 610 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : re: MOTION to Amend: The Court GRANTS Defendants motion to amend the Courts judgment. The judgment that this Court entered on September 5, 2003 against Plaintiff Vincent Cusano is hereby amended to incorporate the additional $37,925.40 (plus interest accruing from July 13, 2007) of monetary sanctions that the Ninth Circuit Court of Appeals awarded against Cusano individually. This amendment is made pursuant to the Ninth Circuits mandates in its November 15, 2005 order affirming this Courts judgment and granting Defendants motion for sanctions and its October 1, 2007 order affirming the amount of sanctions.No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15. JUDGMENT[600]. (smo) (Entered: 02/26/2008)
NOTICE OF APPEAL 613
Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded 614
NOTICE OF APPEAL NOTIFICATION 615
FILING FEE LETTER 616
APPEAL FEE PAID 617
ORDER 638 656
02-26-2008 611 NOTICE OF REMOVAL FROM CALENDAR OF JUDGMENT DEBTOR EXAMINATION filed by Defendants Gene Klein, Paul Stanley, Gene Klein, Stanley Eisen, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Kisstory Ltd, Polygram Records Inc. (Self, Henry) (Entered: 02/26/2008)
02-29-2008 612 NOTICE OF DISCREPANCY AND ORDER: by Judge A. Howard Matz, ORDERING letter received on 2/27/08 is not to be filed but instead rejected. Denial based on: No copy provided for judge; See L.R. 83-2.11: Communications with the Judge. (sp) (Entered: 03/03/2008)
03-19-2008 613 NOTICE OF APPEAL to the 9th CCA filed by plaintiff Vincent Cusano. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, [610] Filed On: 2/22/08; Entered On: 2/26/08; Filing fee $ 455 BILLED, cc: Vincent Cusano; Brian G. Wolf (car) (Entered: 03/20/2008)
Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded 614
NOTICE OF APPEAL NOTIFICATION 615
FILING FEE LETTER 616
APPEAL FEE PAID 617
ORDER 638 656
03-19-2008 614 Civil Appeals Docketing Statement received from plaintiff Vincent Cusano forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, [613] (car) (Entered: 03/20/2008)
03-20-2008 615 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, [613] as to plaintiff Vincent Cusano. (car) (Entered: 03/20/2008)
03-20-2008 616 FILING FEE LETTER issued as to Plaintiff Vincent Cusano, re Notice of Appeal to 9th Circuit Court of Appeals, [613] (car) (Entered: 03/20/2008)
03-21-2008 618 PROOF OF SERVICE filed by plaintiff Vincent Cusano, served on 12/19/2007 by Personal service. The Notice of change of Address; Claim of Exemption and Financial Declaration; upon Brian O. Wolf by CCP 1011(a) delivered to John Park, Person in Charge of Office. (jp) (Entered: 03/26/2008)
AMENDED PROOF OF SERVICE 619 620
03-21-2008 619 AMENDED PROOF OF SERVICE filed by plaintiff Vincent Cusano, served on 12/19/2007. The Notice of change of Address; Claim of Exemption and Financial Declaration; by Personal service upon Brian O. Wolf by CCP 1011(a) delivered to John Park, Person in Charge of Office [618]. (jp) (Entered: 03/26/2008)
03-21-2008 620 AMENDED PROOF OF SERVICE filed by plaintiff Vincent Cusano, served on 12/19/2007. The Notice of change of Address; Claim of Exemption and Financial Declaration; by Personal service upon Brian O. Wolf by CCP 1011(a) delivered to John Park, Person in Charge of Office [618]. (jp) (Entered: 03/26/2008)
03-25-2008 617 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, [613] as to Plaintiff Vincent Cusano; Receipt Number: 105566 in the amount of $455. (car) (Entered: 03/25/2008)
04-17-2008 621 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [499] filed by Vincent Cusano, CCA # 06-56871. The Order is The appellant's application to adopt California Code of Civil Procedure 684.120 is denied. The appellant's opposed motion to vacate the March 3, 2008 order is denied. Order received in this district on 4/17/08. (lr) (Entered: 04/28/2008)
06-13-2008 622 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [572] filed by Vincent Cusano, CCA # 07-56877. Appellant's opposed motion for an extension of time to file opening brief is granted. Brief schedule set. (cbr) (Entered: 06/16/2008)
08-20-2008 623 NOTICE OF MOTION AND MOTION for an Unsecured Stay of Enforcement and Execution of Judgment, for Dispensing of Requirement to Post Supersedeas Bond, and for Retroactive Refund of all Improperly Obtained Earnings. Motion set for hearing on 9/15/2008 at 10:00 AM before Judge A. Howard Matz.) filed by Plaintiff Vincent Cusano. (kbr) (Entered: 08/21/2008)
MEMORANDUM MOTION 624
DECLARATION MOTION 625
NOTICE OF LODGING 626
OPPOSITION MOTION 627
EVIDENTIARY OBJECTIONS MOTION 628
MINUTES OF IN CHAMBERS ORDER DENYING PLAINTIFF MOTION, 629
REPLY 635
RESPONSE 641
DECLARATION 642
08-20-2008 624 MEMORANDUM in Support of MOTION to Stay MOTION for Relief from Posting Supersedeas Bond MOTION for Order for Retroactive Refund [623] filed by Plaintiff Vincent Cusano. (kbr) (Entered: 08/21/2008)
08-20-2008 625 DECLARATION of Vincent Cusano in support of MOTION to Stay MOTION for Relief from Posting Supersedeas Bond MOTION for Order for Retroactive Refund [623] filed by Plaintiff Vincent Cusano. (kbr) (Entered: 08/21/2008)
08-20-2008 626 NOTICE OF LODGING Exhibits filed by Plaintiff Vincent Cusano re MOTION to Stay MOTION for Relief from Posting Supersedeas Bond MOTION for Order for Retroactive Refund [623] (kbr) (Additional attachment(s) added on 8/21/2008: # [1] Exhibit Attachment "A" to Claim of Exemption and Financial Declaration, # [2] Exhibit U.S. Bankruptcy Court - Middle Distrcit of Tennessee Documents, # [3] Letter Letter by Vinnie Vincent, # [4] Exhibit USBC Order and Notice of Voluntary Dismissal of Chapter 13 Petition) (kbr). (Entered: 08/21/2008)
08-29-2008 627 OPPOSITION re: MOTION to Stay MOTION for Relief from Posting Supersedeas Bond MOTION for Order for Retroactive Refund [623] DECLARATION OF HENRY L. SELF III filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (Wolf, Brian) (Entered: 08/29/2008)
08-29-2008 628 EVIDENTIARY OBJECTIONS re: MOTION to Stay MOTION for Relief from Posting Supersedeas Bond MOTION for Order for Retroactive Refund [623] MOTION TO STRIKE DECLARATION OF VINCENT CUSANO RE MOTION FOR UNSECURED STAY OF ENFORCEMENT AND EXECUTION filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (Wolf, Brian) (Entered: 08/29/2008)
09-08-2008 635 Plaintiff's REPLY to Defendants' evidentiary objections and motion to strike re MOTION to Stay MOTION for Relief from Posting Supersedeas Bond MOTION for Order for Retroactive Refund [623] filed by Plaintiff Vincent Cusano. (se) (Entered: 09/15/2008)
09-08-2008 636 Plaintiff's REPLY to defendants' oppositionto Motion for an Unsecured stay of enforcement and Execution of Judgment filed by Plaintiff Vincent Cusano. (se) (Entered: 09/15/2008)
09-09-2008 632 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz, ORDERING Reply to Defendant's Opposition to Motion for an Unsecurred Staty of Enforcement and Execution of Judgment; Declaration of Vincent Cusano submitted by Plaintiff Vincent Cusano received on 9/8/2008 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp) Modified on 9/15/2008 (jp). (Entered: 09/15/2008)
NOTICE OF CLERICAL ERROR 634
09-09-2008 633 NOTICE OF DISCREPANCY AND ORDER: by Judge A. Howard Matz, ORDERING Plaintiff's Reply to Objections; Motion to Strike Declaration submitted by Plaintiff Vincent Cusano received on 9/8/08 is to be filed and processed. Filing date is ordered to be the date the document was stamped received but not filed. (se) Modified on 9/15/2008 (se). (Entered: 09/15/2008)
09-10-2008 629 MINUTES OF IN CHAMBERS ORDER before Judge A. Howard Matz: DENYING PLAINTIFF'S MOTION for an Unsecured Stay of Enforcement and Execution of Judgment, for Dispensing of Requirement to Post Supersedeas Bond, and for Retroactive Refund of all Improperly Obtained Earnings [623] . Beause Plaintiff's motion totally lacks merit and is frivolous. No hearing is necessary. FRCP 78; LR. 7-15. Plaintiff is ORDERED to SHOW CAUSE in writing, and to file a sworn declaration, why he should not be ordered to pay $1,000 to the Clerk of the Court, such payment to be made not later than 10/10/2008. Plaintiff shall show such cause by 9/26/2008. (No continuances will be granted.) (jp) (Entered: 09/11/2008)
RESPONSE 641
DECLARATION 642
09-11-2008 630 NOTICE OF RULING filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Gene Simmons Worldwide Inc, Simstan Music Ltd, Polygram Records Inc. (Self, Henry) (Entered: 09/11/2008)
09-11-2008 631 NOTICE of Association of Counsel Filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd (Grumer, Carl) (Entered: 09/11/2008)
ORDER APPROVING ASSOCIATION OF COUNSEL 637
09-15-2008 634 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Discrepancy and Order [632] . Wrong event selected; should have been selected event Notice of Document Discrepancies and Order - Granting instead of Notice of Document Discrepancies and Order - Rejecting. (jp) (Entered: 09/15/2008)
09-16-2008 637 ORDER APPROVING ASSOCIATION OF COUNSEL by Judge A. Howard Matz: Judgment Creditors, The Kiss Company, Kisstory, Ltd., Gene Klein, and Paul Stanley having filed an Association of Counsel, associating Carl Grumer a member of Manatt, Phelps & Phillips, LLP, as counsel of record herein, said association of counsel [631] is hereby approved. (jp) (Entered: 09/17/2008)
09-22-2008 638 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [613] filed by Vincent Cusano, CCA # 08-55482. The appellant's unopposed motion for ane extension of time to file the opening brief is granted. The opening brief is now due November 3, 2008. The answering brief is due December 3, 2008. The optional reply brief is due 14 days after service of the answering brief. Order received in this district on 9/22/08. (lr) (Entered: 09/22/2008)
09-22-2008 639 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [572] filed by Vincent Cusano, CCA # 07-56877. The district court docket reflects that the August 20, 2008 motion for unsecured stay of enforcement and excecution of judgment was disposed of on September 10, 2008. Therefore, the appellant's opposed motion to stay is denied. The appellant's opposed motion for an extension of time to file opening brief is granted. Brief schedule set. (cbr) (Entered: 09/23/2008)
09-22-2008 640 WRIT of Execution Returned Executed as to Defendants Gene Klein, Paul tanley, The Kiss Company and Kisstory Ltd re Affidavit and Request for Writ of WRIT OF EXECUTION 445 . (jp) (Entered: 09/24/2008)
09-26-2008 641 RESPONSE filed by Plaintiff Vincent Cusano to Minutes Order to Show Cause [629] . (jp) (Entered: 09/29/2008)
DECLARATION 642
09-26-2008 642 DECLARATION of Vincent Cusano in Response to 9/10/2008 Order to Show Cause [641] filed by Plaintiff Vincent Cusano. (jp) (Entered: 09/29/2008)
10-01-2008 643 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court has reviewed "Plaintiffs Response to September 10, 2008 Order to Show Cause." The response appears to have been prepared by a lawyer, althoughplaintiff himself signed it. Perhaps that is why on its face the response is sufficient - - barely - - to ward off sanctions. Given Plaintiffs pro se status, under settled judicial precedent this Court is required to "give him the benefit of the doubt" (to put it in the vernacular). The Court will do so, and thus not impose sanctions at this time. But the Court is compelled to note, in case there are comparable incidents in the future, that Vincent Cusano has shown a willingness to do almost anything to avoid complying with legal requirements, and in the process he has demonstrated a total lack of trustworthiness. (jp) (Entered: 10/02/2008)
10-14-2008 643.1 WRIT of Execution issued. (jp) (Entered: 10/15/2008)
10-14-2008 644 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution filed by Defendants Kiss Company, Kisstory Ltd, Gene Klein, and Paul Stanley. . (jp) (Entered: 10/15/2008)
10-24-2008 645 Request for Service of Process by Registered Process Server filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd (Lai, Borchien) (Entered: 10/24/2008)
ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER 646
10-24-2008 646 ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER by Judge A. Howard Matz, re Request [645] GOOD CAUSE APPEARING, that Carlos Alfonso Gutierrez (process server license number 4823), who is at least 18 years of age, of suitable discretion and not a party to this action, be authorized and appointed to serve the writs in the above case. The U.S. Marshals Office will remain the Levying Officer. (jp) (Entered: 10/27/2008)
10-31-2008 647 MEMORANDUM in Support of Plaintiff/Judgment Debtor's Motion to Disqualify Defendants/Judgment Creditors' Counsel Manatt, Phelps & Phillips LLP filed by Plaintiff Vincent Cusano. (se) (Entered: 11/03/2008)
10-31-2008 648 DECLARATION of VINCENT CUSANO in support of Plaintiff/Judgment Debtor's Motion to Disqualify Defendants/Judgment Creditors Counsel Manatt Phelps & Phillips, LLP filed by Plaintiff Vincent Cusano. . (jp) (Entered: 11/03/2008)
10-31-2008 649 NOTICE OF MOTION AND MOTION to Disqualify Defendants/Judgment Creditors' Counsel Manatt, Phelps & Phillips, LLP filed by plaintiff/judgment debtor Vincent Cusano. Motion set for hearing on 11/24/2008 at 10:00 AM before Judge A. Howard Matz. Lodged proposed order. (se) (Entered: 11/03/2008)
MEMORANDUM 650
REPLY 652
MINUTES OF IN CHAMBERS OOF CALENDAR, UNDER SUBMISSION MOTION 653
MINUTES OF IN CHAMBERS ORDER DENYING MOTION 654
NOTICE OF APPEAL 657
NOTICE OF APPEAL NOTIFICATION 658
NOTIFICATION 659
11-10-2008 650 MEMORANDUM in Opposition to MOTION to Disqualify Counsel Manatt, Phelps & Phillips, LLP [649] -- Opposition to Vincent Cusano's Motion to Disqualify filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (Lai, Borchien) (Entered: 11/10/2008)
11-10-2008 651 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [572] filed by Vincent Cusano, CCA # 07-56877. The stipulation to dismiss the appeal under Federal Rules of Appellate Procedure 42(b) is granted. The costs shall be allocated pursuant to the stipulation. A copy of this order shall act as and for the mandate of this court. Mandate received in this district on 11/10/08. (lr) (Entered: 11/12/2008)
11-17-2008 652 REPLY to Opposition to MOTION to Disqualify Counsel Manatt, Phelps & Phillips, LLP [649] ; Declaration of Vincent Cusano in support thereof filed by Plaintiff Vincent Cusano. (jp) (Entered: 11/19/2008)
11-21-2008 653 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: On the Court's own motion, the Court takes OOF-CALENDAR and UNDER SUBMISSION Plaintiff/Judgment Debtor's MOTION to Disqualify Counsel Manatt, Phelps & Phillips, LLP [649] . The parties will be notified if a hearing is necessary. (jp) (Entered: 11/21/2008)
11-21-2008 654 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz DENYING Plaintiff's MOTION to Disqualify Counsel Manatt, Phelps & Phillips, LLP [649] . (se) (Entered: 11/21/2008)
NOTICE OF APPEAL 657
NOTICE OF APPEAL NOTIFICATION 658
NOTIFICATION 659
12-05-2008 655 NOTICE OF MOTION AND MOTION for Order for To Sell Interest in Copyrights; Memorandum and Declaration of Borchien Lai in Support Thereof filed by Defendants and Judgment Creditors Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. Motion set for hearing on 1/12/2009 at 10:00 AM before Judge A. Howard Matz. (Lai, Borchien) (Entered: 12/05/2008)
OPPOSITION AND MOTION TO STRIKE MOTION 660
AMENDED CERTIFICATE OF SERVICE 661
REPLY MOTION 662
PROOF OF SERVICE 663
MINUTES OF IN CHAMBERS OFF CALENDAR, UNDER SUBMISSION MOTION 664
MINUTES OF IN CHAMBERS ORDER DENYING WITHOUT PREJUDICE MOTION 665
12-05-2008 656 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [542] filed by Vincent Cusano, Notice of Appeal to 9th Circuit Court of Appeals, [613] filed by Vincent Cusano, Notice of Appeal to 9th Circuit Court of Appeals, [499] filed by Vincent Cusano, CCA # 06-56871, 07- 55228, 08-55482. The court sua sponte consolidates appeal Nos. 06-56871 and 07-55228. Appeal Nos. 06-56871 and 07-55228 are ready for calendaring. Briefing schedule in appeal No. 08-55482 is set. (cbr) (Entered: 12/09/2008)
12-18-2008 657 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Vincent Cusano. Appeal of Minutes of In Chambers Order/Directive - no proceeding held [654] Filed On: 11/21/08; Entered On: 11/21/08; Filing fee $455, receipt number 114083. cc: Vincent Cusano; Borchien Lai; Brian G. Wolf. (lr) (Entered: 12/24/2008)
NOTICE OF APPEAL NOTIFICATION 658
NOTIFICATION 659
12-24-2008 658 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, [657] as to Plaintiff Vincent Cusano. (lr) (Entered: 12/24/2008)
12-26-2008 659 NOTIFICATION by Circuit Court of Appellate Docket Number 08-57055, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, [657] as to Plaintiff Vincent Cusano. (lr) (Entered: 12/30/2008)
12-29-2008 660 OPPOSITION AND MOTION TO STRIKE Defendants/judgment creditors MOTION for Order for To Sell Interest in Copyrights [655] ; declaration of Vincent Cusanopka Vinnie Vincent filed by Plaintiff Vincent Cusano. (lc) (Additional attachment(s) added on 12/30/2008: # [1] part 2, # [2] part 3) (lc). (Entered: 12/30/2008)
AMENDED CERTIFICATE OF SERVICE 661
12-30-2008 661 AMENDED CERTIFICATE OF SERVICE Via Federal Express of Plaintiff Vincent Cusano's Opposition and Motion to Strike; Declaration; [Proposed] Order [660] ; served on 12/29/08. (mg) Modified on 12/31/2008 (mg). (Entered: 12/31/2008)
01-05-2009 662 REPLY in support of MOTION for Order for To Sell Interest in Copyrights; Memorandum and Declaration of Borchien Lai in Support Thereof [655] -- Reply to Vincent Cusano's Opposition to Motion for Order to Sell Interest in Copyrights-- filed by Defendants Gene Klein, Kiss Company The, Kisstory Ltd. (Lai, Borchien) (Entered: 01/05/2009)
PROOF OF SERVICE 663
01-06-2009 663 PROOF OF SERVICE filed by Defendant Gene Klein, Kiss Company The, Kisstory Ltd, re Reply (Motion related), Reply (Motion related) [662] -- Amended Proof of Service re Reply to Vincent Cusano's Opposition to Motion for Order to Sell Interest in Copyrights -- served on 1/5/09. (Lai, Borchien) (Entered: 01/06/2009)
01-06-2009 664 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: On the Court's own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION MOTION for Order for To Sell Interest in Copyrights [655] . The parties will be notified if a hearing is necessary. (jp) (Entered: 01/06/2009)
01-08-2009 665 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz DENYING WITHOUT PREJUDICE Judgment Creditors' MOTION for Order for To Sell Interest in Copyrights [655] . No hearing is necessary. (se) (Entered: 01/08/2009)
01-16-2009 666 NOTICE OF MOTION AND MOTION to Quashing and/or Nullifying Defendants/Judgment Creditors' 10/14/08 Writ of Execution; memorandum of Points and Authorities; and Declaration of Vincent Cusano P/K/A Vinnie Vincent in support thereof filed by plaintiff Vincent Cusano. Motion set for hearing on 2/9/2009 at 10:00 AM before Judge A. Howard Matz. Lodged Proposed Order. (jp) (Entered: 01/20/2009)
OPPOSITION TO MOTION FOR ORDER QUASHING AND OR NULLIFYING DEFENDANTS JUDGMENT CREDITORS WRIT OF EXECUTION DECL OF BORCHIEN LAI IN SUPPORT THEREOF MOTION 667
REPLY 668
DECLARATION 669
MINUTES OF IN CHAMBERS ORDER MOTION 670
01-26-2009 667 OPPOSITION TO MOTION FOR ORDER QUASHING AND/OR NULLIFYING DEFENDANTS/JUDGMENT CREDITORS' 10/14/08 WRIT OF EXECUTION; DECL OF BORCHIEN LAI IN SUPPORT THEREOF Opposition re: MOTION to Quash [666] filed by Defendants Gene Klein, Paul Stanley, Kiss Company The, Kisstory Ltd. (Lai, Borchien) (Entered: 01/26/2009)
02-02-2009 668 REPLY to opposition to MOTION to Quash [666] filed by Plaintiff Vincent Cusano. (se) (Entered: 02/03/2009)
02-02-2009 669 DECLARATION of Diane Cusano in support of plaintiff's Reply to Opposition to MOTION to Quash [666] filed by Plaintiff Vincent Cusano. (se) (Entered: 02/03/2009)
02-03-2009 670 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: re: MOTION to Quash [666] . The Court DENIES Plaintiffs Motion for Order Quashing And/Or Nullifying Defendants/Judgment Creditors 10/14/08 Writ of Execution. No hearing is necessary. (kbr) (Entered: 02/04/2009)
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court stuff
court stuff
http://www.legalmetric.com/cases/copyri ... 04914.html
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shramiac
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Re: court stuff
You missed page 7!!! 
Promises made, crying in vain, all empty. Never accepting the blame and not letting go of the shame. A river of tears, as months turn to years, all wasted. On someone not willing to change.Now only a shadow remains! 
Re: court stuff
I posted a link to the whole suite from start to the bankruptcy hearings .. its in the myths thread
Guitars good, drugs booze.. bad
The worlds best qoute ever
"take your Massengill-soaked vibrator from your wretched gutter clam"
The worlds best qoute ever
"take your Massengill-soaked vibrator from your wretched gutter clam"
Re: court stuff
I enjoyed the section where Cussy boy claimed that his signature had been forged, but they failed to provide a specimen of his handwriting or signature to support his claims. Caught in a lie again.
Re: court stuff
all these lies and missed deadlines don't look good for any future court hearings.
Bye Bye
Re: court stuff
the funny thing is vv doesn't do anything so he has no reason to miss deadlines. Kiss however are busy and they actually would have a good reason.
Bye Bye
Re: court stuff
Hey his yank doesn't pull itself LOL. He's a busy man.
Re: court stuff
Vdog wrote:Hey his yank doesn't pull itself LOL. He's a busy man.
