LETTER MOTION for Leave to File Plaintiffs' Motion for Attorneys' Fees addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 11/15/2016. Document filed by Capitol Christian Music Group, Inc., Capitol Records, LLC, Virgin Records IR Holdings, Inc..(Mandel, Richard)
cowaN Cowan, Liebowitz & Latman,P.C. 114 West 47t" Street New York, NY 10036 LIEBOWITZ LATI~ZAN ( 212)790-9200 Tel ( 212)575-0671 Fax www.cll.com Richard S. Mandel 212)790-9291 ( rsm(cr~,cll.com November 15, 2016 VIA ECF and EMAIL Hon. Richard J. Sullivan United States Courthouse 40 Foley Square, Room 2104 New York, NY 10007 Re: Capitol Records, LLC v. ReDigi Inc., 12 cv. 0095 (RJS~ Dear Judge Sullivan: We represent Plaintiffs in the above-referenced action. We write to advise the Court that the Bankruptcy Court has today issued the attached orders granting Plaintiffs' motion to modify the automatic stay so as to permit Plaintiffs to prosecute to judgment their claim for attorney's f against Defendants ReDigi Inc. and John Ossenmacher in the action before Your Honor. ees Accordingly, in accordance with the Court's order of September 1, 2016 denying Plaintiffs' motion for attorneys' fees without prejudice to renewal upon a ruling from the Bankruptcy Court ( Docket No. 266), Plaintiffs respectfully request leave to renew their motion and to re-file papers in support of such motion. We thank the Court for its attention to the foregoing and are available to discuss the issue further if the Court so requests. Respectfully, ~~. Richard S. Mandel cc: Oren J. Warshaysky, Esq.(via email) Dana Kaplan, Esq.(via email) Jonathan Z. King, Esq.(via email) Enclosures 18166/034/21651081 Case 16-20809-PGH Doc 75 Filed 11/15/16 Page 1 of 2 .,~lillll~ ,, ,~~`, ~ .~ ORDERED in the Southern District of Florida on November 14, 2016. Paul G. Hyma r., J dge United States Bankruptcy Court U NITED STATES BANKRUPTCY COURT SOUTHERN D15TRICT OF FLORIDA WEST PALM BEACH DIVISION www.flsb.usccaurts.aov I n re: Case No. 16-20809-PGH Chapter 11 REDIGI INC., Debtor. / ORDER GRANTING MOTION OF CAPITOL RECORDS, LLC, CAPITOL CHRISTIAN MUSIC GROUP, INC. AND VIRGIN RECORDS IR HOLDINGS, INC. TO MODIFY AUTOMATIC STAY TO LIQUIDATE DAMAGES CLAIM AGAINST DEBTOR IN PREPETITION LITIGATION This cause came before the Court on November 8, 2016 upon the Motion of Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records /R Holdings, Inc. to Modify Automatic Stay to Liquidate Damages Claim against Debtor in Prepetition Litigation, dated October 17, 2016 [Docket #40] (the "Motion"); the Court, having reviewed the Motion and heard argument of counsel, and being otherwise duly {10278-008 ORD A0455041.DOCX} Case 16-20809-PGH Doc 75 Filed 11/15/16 Page 2 of 2 advised in the premises: For the reasons stated orally and recorded in open court that shall constitute the decision of the Court, it is hereby ORDERED and ADJUDGED that: 1. The Motion is granted. 2. The automatic stay is modified pursuant to 11 U.S.C. § 362(d)(1) to permit Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records IR Holdings, Inc. to prosecute to judgment their claim for attorney's fees under 17 U.S.C. § 505 against the debtor, ReDigi, Inc., and the other defendants in the civil action styled Capitol Records, LLC v. ReDigi, Inc., No. 12 CV 95 (RJS), pending before the United States District Court for the Southern District of New York. 3. The automatic stay shall otherwise remain in effect, and no collection activity shall occur without further order of this Court. 4. The Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation of this order. 5. This order is effective immediately upon its entry upon the docket. The 14- day stay imposed by Federal Rule of Bankruptcy Procedure 4001(a)(3) is waived. # ## Submitted by: Terence G Banich (admitted pro hac vice) SHAW FISHMAN GLANTZ & TOWBIN LLC 321 N. Clark St., Ste. 800 Chicago, Illinois 60654 Tel.: (312) 980-3859 Fax: (312) 980-3888 tbanich(c~shawfishman.com Copies furnished to: Terence G. Banich is directed to serve copies of this order on the parties listed and file a certificate of service. 2 Case 16-20810-PGH Doc 81 Filed 11/15!16 Page 1 of 2 *• %`* '\ ORDERED in the Southern District of Florida on November 14, 2016. r., J dge Paul G. Hyma United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION www,flsb.uscourts.gov Case No. 16-20810-PGH Chapter 11 In re: JOHN MARK OSSENMACHER, Debtor. / ORDER GRANTING MOTION OF CAPITOL RECORDS, LLC, CAPITOL CHRISTIAN MUSIC GROUP,INC. AND VIRGIN RECORDS IR HOLDINGS, INC. TO MODIFY AUTOMATIC STAY TO LIQUIDATE DAMAGES CLAIM AGAINST DEBTOR IN PREPETITION LITIGATION This cause came before the Court on November 8, 2016 upon the Motion of Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records IR Holdings, Inc. to Modify Automatic Stay to Liquidate Damages Claim against Debtor in Prepetition Litigation, dated October 17, 2016 [Docket #44] (the "Motion"); the Court, having reviewed the Motion and heard argument of counsel, and being otherwise duly {10278-008 O R D A0455041.DOCX} Case 16-20810-PGH Dnc 81 Filed 11/15/16 Page 2 of 2 advised in the premises: For the reasons stated orally and recorded in open court that shall constitute the decision of the Court, it is hereby ORDERED and ADJUDGED that: 1. The Motion is granted. 2. The automatic stay is modified pursuant to 11 U.S.C. § 362(d)(1) to permit Capitol Records, LLC, Capitol Christian Music Group, Inc. and Virgin Records IR Holdings, Inc. to prosecute to judgment their claim for attorney's fees under 17 U.S.C. § 505 against the debtor, John Mark Ossenmacher, and the other defendants in the civil action styled Capitol Records, LLC v. ReDigi, Inc., No. 12 CV 95 (RJS), pending before the United States District Court for the Southern District of New York. 3. The automatic stay shall otherwise remain in effect, and no collection activity shall occur without further order of this Court. 4. The Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation of this order. 5. This order is effective immediately upon its entry upon the docket. The 14- day stay imposed by Federal Rule of Bankruptcy Procedure 4001(a)(3) is waived. ## # Submitted by: Terence G Banich (admitted pro hac vice) SHAW FISHMAN GLANTZ & TOWBIN LLC 321 N. Clark St., Ste. 800 Chicago, Illinois 60654 Tel.: (312) 980-3859 Fax: (312) 980-3888 tbanich(a~shawfishman.com Copies furnished to: Terence G. Banich is directed to serve copies of this order on the parties listed and file a certificate of service. 2