5BC2371Fd01

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS - - - - - - - - - - - - - - - - ) CAPITAL RECORDS, INC., ET AL., ) CV. NO. 03-11661-NG PLAINTIFFS ) VS. ) COURTROOM NO. 2 NOOR ALAUJAN, ET AL., ) 1 COURTHOUSE WAY DEFENDANTS ) BOSTON, MA 02210 - - - - - - - - - - - - - - - - ) LONDON-SIRE RECORDS, INC., ) CV. NO. 04-12434-NG ET AL., ) PLAINTIFFS ) VS. ) DOES 1-4, ) DEFENDANTS ) - - - - - - - - - - - - - - - - - MOTION HEARING JUNE 17, 2008 2:58 P.M. BEFORE THE HONORABLE NANCY GERTNER UNITED STATES DISTRICT COURT JUDGE VALERIE A. O'HARA OFFICIAL COURT REPORTER 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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A P P E A R A N C E S: For The Plaintiffs: Arnowitz & Goldberg, by SIMON B. MANN, ESQ., 4 Charlesview Road, Suite 4, Boston, Massachusetts 02441, for the Plaintiffs; Robinson & Cole, LLP, by CLAIRE NEWTON, ATTORNEY, One Boston Place, Boston, Massachusetts 02108-4404, for the Plaintiffs; Holme, Roberts & Owen LLP, by LAURIE J. RUST, ATTORNEY, and EVE GOLDSTEIN BURTON, ATTORNEY, 1700 Lincoln Street, Suite 4100, Denver, Colorado 80203-4541, for the Plaintiffs. ALSO PRESENT: Joel Tenenbaum Judie Tenebaum Tracy Lawrence Melissa DeSisto Alphon Atkinson 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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PROCEEDINGS THE CLERK: All rise. United States District Court is now in session. THE COURT: You can all be seated. Let me sort of start by just going through where we are. There have been by my count 133 cases against named individuals, and there is some quantity which we didn't quantify yet against unnamed individuals, and what we have today are really three levels of cases, there are those who have answered and who are named, and there are various discovery motions with respect to them. In that category these include people who I just wanted to name the people in that category, Mr. Hallahan, Shawn Scott, Mr. Tenenbaum, Eugenia and Alex Shnayder. Okay. Then the next category are those who have not answered or ever appeared in the case in any way. They were issued an order to appear for this hearing, and if they did not, a default judgment would issue, and those individuals are Tracy Lawrence, Richard Dubrock, Donna Scott, Melissa Desisto, Kristina Ferrara, Michael Sturge, Maria Mojica, Edward Dutcher, Elisa Cantone, Mandy Ladebauche, Robin Heenan, Yesenia Crespo, Henry Goldfarb, Christopher Savasta and possibly Robert Pena, then there are those individuals who have answered or as to whom a judgment entered, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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either because there was a settlement judgment or because they defaulted and the record companies are seeking to collect on the judgment. So let's start first with the people who have answered and as to whom there are discovery issues, in other words, where the record companies are seeking to get information or trying to get, seeking information, let's put it that way. There is a motion to preserve evidence as to Ryan Hallahan, Mr. Hallahan's, the
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