3820 Copyright9th Cir.20-55401Closed

Marcus Gray v. Katheryn Hudson

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Summary

Christian rapper Marcus Gray sued Katy Perry for copyright infringement, alleging her hit 'Dark Horse' copied his song 'Joyful Noise.'

Summary generated by AI from public docket data. Verify against the original filing before relying on it.

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Latest ruling: defendant (2022-04-21)

Coverage sentiment vs. docket activity over time

Coverage sentiment vs. docket activity over time▲ plaintiff-favorable▼ defendant-favorableDocketFiled 2020-04-152022-04-13 · ruling · favors defendant Filed order (RICHARD R. CLIFTON, MILAN D. SMITH, JR. and PAUL J. WATFORD): Judges Smith …2022-04-21 · ruling · favors defendant MANDATE ISSUED.(RRC, MDS and PJW) Costs taxed against Appellant in the amount of $673.50…Apr 20Apr 21Apr 22filingruling■ plaintiff■ defendantweekly coverage · docket events

Counsel of record

For the plaintiff
For the defendant
Other counsel (amici, etc.)
Court
U.S. Court of Appeals for the Ninth Circuit
Docket no.
20-55401
Nature of suit
3820 Copyright
Disposition
judgment
Filed
2020-04-15
Last filing
2022-04-21
Terminated
2022-03-10

Entities in this case

Parties

CHIKE OJUKWU (plaintiff) EMANUEL LAMBERT (plaintiff) MARCUS GRAY, PKA Flame (plaintiff) KOBALT MUSIC PUBLISHING AMERICA, INC. (defendant) WB MUSIC CORP. (defendant) CAPITOL RECORDS, LLC (defendant) KASZ MONEY, INC. (defendant) HENRY RUSSELL WALTER, PKA Cirkut (defendant) KARL MARTIN SANDBERG, PKA Max Martin (defendant) SARAH THERESA HUDSON (defendant) LUKASZ GOTTWALD, PKA Dr. Luke (defendant) JORDAN HOUSTON, PKA Juicy J (defendant) KATHERYN ELIZABETH HUDSON, PKA Katy Perry (defendant) MUSIC ARTISTS COALITION (amicus curiae - pending) NASHVILLE SONGWRITERS ASSOCIATION INTERNATIONAL (amicus curiae - pending) 110 INDIVIDUAL SONGWRITERS, COMPOSERS, MUSICIANS, PRODUCERS, MUSIC PUBLISHERS, AND OTHER MUSIC INDUSTRY PROFESSIONALS (amicus curiae - pending) MOTION PICTURE ASSOCIATION, INC. (amicus curiae - pending) MUSICOLOGISTS (amicus curiae - pending) NATIONAL MUSIC PUBLISHERS' ASSOCIATION (amicus curiae - pending) RECORDING INDUSTRY ASSOCIATION OF AMERICA, INC. (amicus curiae - pending)

Docket entries

  1. #992022-04-21

    MANDATE ISSUED.(RRC, MDS and PJW) Costs taxed against Appellant in the amount of $673.50. [12427217] (DJV) [Entered: 04/21/2022 07:09 AM]

  2. #982022-04-13

    Filed order (RICHARD R. CLIFTON, MILAN D. SMITH, JR. and PAUL J. WATFORD): Judges Smith and Watford have voted to deny the petition for rehearing en banc, and Judge Clifton has so recommended. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on en banc rehearing. See Fed. R. App. P. 35(f). The petition for rehearing en banc is denied. [12419862] (AF) [Entered: 04/13/2022 10:52 AM]

  3. #972022-03-21

    Filed (ECF) Appellees Capitol Records, LLC, Lukasz Gottwald, Sarah Theresa Hudson, Kasz Money, Inc., Kobalt Music Publishing America, Inc., Karl Martin Sandberg, Henry Russell Walter and WB Music Corp. bill of costs (Form 10) in the amount of 673.50 USD. Date of service: 03/21/2022 [12401040] [20-55401] (Lepera, Christine) [Entered: 03/21/2022 06:54 PM]

  4. #962022-03-21

    Filed (ECF) Appellants Marcus Gray, Emanuel Lambert and Chike Ojukwu petition for rehearing en banc (from 03/10/2022 opinion). Date of service: 03/21/2022. [12400535] [20-55401] (Kahn, Michael) [Entered: 03/21/2022 01:10 PM]

  5. #952022-03-10

    FILED OPINION (RICHARD R. CLIFTON, MILAN D. SMITH, JR. and PAUL J. WATFORD) AFFIRMED. Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [12391170] (Molavi, Anthony) [Entered: 03/10/2022 08:22 AM]

  6. #942022-01-12

    Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at http://www.ca9.uscourts.gov/media/[12339245] (DLM) [Entered: 01/12/2022 03:44 PM]

  7. #932022-01-11

    ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, MILAN D. SMITH, JR. and PAUL J. WATFORD. [12337558] (DLM) [Entered: 01/11/2022 01:02 PM]

  8. #922022-01-03

    Notice of Oral Argument on Tuesday, January 11, 2022 - 10:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA.The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, January 11, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12329229]. [20-55401] (KS) [Entered: 01/03/2022 01:38 PM]

  9. #912021-12-10

    Filed (ECF) Acknowledgment of hearing notice by Attorney Vincent H. Chieffo for Appellee Katheryn Elizabeth Hudson. Hearing in Pasadena on 01/11/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: Yes. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/10/2021. [12312565] [20-55401] (Chieffo, Vincent) [Entered: 12/10/2021 11:39 AM]

  10. #902021-12-10

    Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Christine Lepera, Esquire for Appellees Capitol Records, LLC, Lukasz Gottwald, Sarah Theresa Hudson, Kasz Money, Inc., Kobalt Music Publishing America, Inc., Karl Martin Sandberg, Henry Russell Walter and WB Music Corp.. Hearing in Pasadena on 01/11/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: Yes. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/10/2021. [12312550] [20-55401] (Lepera, Christine) [Entered: 12/10/2021 11:29 AM]

  11. #892021-12-01

    Filed (ECF) Acknowledgment of hearing notice by Attorney Michael A. Kahn for Appellants Marcus Gray, Emanuel Lambert and Chike Ojukwu. Hearing in Pasadena on 01/11/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/01/2021. [12302619] [20-55401] (Kahn, Michael) [Entered: 12/01/2021 01:30 PM]

  12. #882021-10-31

    Notice of Oral Argument on Tuesday, January 11, 2022 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA.The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, January 11, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12273594]. [20-55401] (KS) [Entered: 10/31/2021 06:09 AM]

  13. #872021-09-24

    Filed (ECF) Attorney Ms. Christine Lepera, Esquire for Appellees Capitol Records, LLC, Lukasz Gottwald, Sarah Theresa Hudson, Kasz Money, Inc., Kobalt Music Publishing America, Inc., Karl Martin Sandberg, Henry Russell Walter and WB Music Corp. response to notice for case being considered for oral argument. Date of service: 09/24/2021. [12237907] [20-55401] (Lepera, Christine) [Entered: 09/24/2021 09:06 AM]

  14. #862021-09-23

    This case is being considered for an upcoming oral argument calendar in PasadenaPlease review the Pasadena sitting dates for January 2022 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12236831]. [20-55401] (KS) [Entered: 09/23/2021 10:01 AM]

  15. #852021-08-16

    Filed (ECF) Attorney Ms. Christine Lepera, Esquire for Appellees Capitol Records, LLC, Lukasz Gottwald, Sarah Theresa Hudson, Kasz Money, Inc., Kobalt Music Publishing America, Inc., Karl Martin Sandberg, Henry Russell Walter and WB Music Corp. response to notice for case being considered for oral argument. Date of service: 08/16/2021. [12202952] [20-55401] (Lepera, Christine) [Entered: 08/16/2021 04:13 PM]

  16. #842021-08-11

    This case is being considered for an upcoming oral argument calendar in PasadenaPlease review the Pasadena sitting dates for December 2021 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12199063]. [20-55401] (KS) [Entered: 08/11/2021 04:31 PM]

  17. #832021-07-13

    Filed (ECF) Attorney Ms. Christine Lepera, Esquire for Appellees Capitol Records, LLC, Lukasz Gottwald, Sarah Theresa Hudson, Kasz Money, Inc., Kobalt Music Publishing America, Inc., Karl Martin Sandberg, Henry Russell Walter and WB Music Corp. response to notice for case being considered for oral argument. Date of service: 07/13/2021. [12171170] [20-55401] (Lepera, Christine) [Entered: 07/13/2021 01:52 PM]

  18. #822021-07-12

    Filed (ECF) Attorney Michael A. Kahn for Appellants Marcus Gray, Emanuel Lambert and Chike Ojukwu response to notice for case being considered for oral argument. Date of service: 07/12/2021. [12169264] [20-55401] (Kahn, Michael) [Entered: 07/12/2021 08:58 AM]

  19. #812021-07-09

    This case is being considered for an upcoming oral argument calendar in PasadenaPlease review the Pasadena sitting dates for November 2021 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12168079]. [20-55401] (KS) [Entered: 07/09/2021 11:51 AM]

  20. #802021-05-24

    Received 6 paper copies of Reply Brief [78] filed by Appellants. [12122376] (SD) [Entered: 05/24/2021 11:44 AM]

Docket history from CourtListener/RECAP — most recent first.

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