United States of America v. American Society of Composers, Authors and Publishers

 
Case Number: 1:1941cv01395
 
Court: New York Southern District Court
Office: Anti-Trust Office
Presiding Judge: Denise L. Cote
Referring Judge: Michael H. Dolinger
 
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 15:15 Antitrust Litigation

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
April 3, 2009 285 Opinion or Order of the Court ORDER......It is therefore, HEREBY ORDERED that within 30 days of this Opinion and Order, AT&T shall pay ASCAP that amount of $1,800,000 for the interim fees specified above accrued through March 2009 and, within 10-days after the end of each calendar month thereafter until the setting of final fees in this proceeding, shall pay the interim fees of $60,000 accruing during that month. SO ORDERED. (Signed by Judge William C. Conner on 04/03/2009) Chambers mailed copies..(jma)
May 13, 2009 308 Opinion or Order of the Court OPINION AND ORDER: It is therefore HEREBY ORDERED (1) Within thirty days of the date hereof, YouTube shall pay to ASCAP the sum of $1,610,000 for interim fees accrued through March 31,2009; and (2) Within one week after the end of each calendar month after March 2009 until the determination of final fees in this proceeding, YouTube shall pay to ASCAP the sum of &70,000 for interim fees accruing during that month, (3) These interim fees are subject to retroactive adjustment when final fees are determined. SO ORDERED (Signed by Judge William C. Conner on 5/13/2009) Chambers Has Mailed Copies.(rj)
August 20, 2009 395 Opinion or Order of the Court PRETRIAL SCHEDULING ORDER: The parties are instructed to contact the chambers of Magistrate Judge Dolinger in order to pursue settlement discussions under his supervision by November 6, 2009. All fact discovery must be completed by February 26, 2010. Parties' identification of experts and disclosure of expert testimony conforming to the requirements of Rule 26 (a) (2) (B), Fed.R.Civ.P., must occur by April 2, 2010. Disclosure of rebuttal expert testimony must occur by April 30, 2010. All expert discovery must be completed by May 28, 2010. The Joint Pretrial Order must be filed by July 2, 2010. (Signed by Judge Denise L. Cote on 8/20/2009) (jpo)
September 11, 2009 431 Opinion or Order of the Court ORDER....the following steps will be followed for the application currently pending under the caption US v American Society of Composers, Authors, and Publishers, 41 cv 1395, which is listed in the appendix to this Order. The Clerk of Court shall as sign a separate caption and docket number to the application; The Clerk of Court shall waive the associated filing fee; The Clerk of Court shall make a contemporaneous notation in the docket of 41 cv 1395, that this proceeding has been assigned a sep arate docket number, setting forth its caption and its docket number; parties shall display on all submissions the applications unique caption and docket number, as well as the designation 'Relate to US v ASCAP, 41 cv 1395. (copy forwarded to the Case Assignments Clerk) (Signed by Judge Denise L. Cote on 9/11/09) (cd)
October 14, 2009 448 Opinion or Order of the Court OPINION AND ORDER: Verizon's May 22, 2009 motion for summary judgment is granted. re: (314 in 1:41-cv-01395-DLC-MHD) MOTION for Summary Judgment filed by Cellco Partnership. (Signed by Judge Denise L. Cote on 10/14/09) (ae)
October 16, 2009 454 Opinion or Order of the Court ORDER: Settlement Conference set for 12/3/2009 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger, as set forth herein. (Signed by Magistrate Judge Michael H. Dolinger on 10/16/2009) Copies Mailed By Chambers.(jpo)
November 5, 2009 465 Opinion or Order of the Court ORDER that the American Society of Composers, Authors and Publishers' Application for Entry of Judgment against WYDC and Vision Communications LLC is granted in the amount of $28,257.19, with interest from this date to be calculated as provided for by 28 USC 1961. (Signed by Magistrate Judge Michael H. Dolinger on 11/5/09) (cd)
November 5, 2009 466 Opinion or Order of the Court ORDER that the court will consider the respondents' sur-reply. Petitoner ASCAP's response to the sur-reply, if any, should be served and filed no later than 11/12/09. (Signed by Magistrate Judge Michael H. Dolinger on 11/5/09) Copies sent by chambers.(cd)
May 11, 2010 540 Opinion or Order of the Court REDACTED OPINION AND ORDER: Following an April 2010 bench trial between Mobi and ASCAP, this rate court has determined that a reasonable fee for a TTTA license for Mobi for the years 2003 through 2011 is as follows. The revenue base upon which the li censing fee will be calculated is (1) for the content that Mobi licenses from content providers, aggregates, and conveys to wireless carriers, the amounts that Mobi pays to the cable television networks or other providers to license the content, plus any revenue from advertising Mobiinserts into that programming; and (2) for the music video channels and any other channel programmed by Mobi, the payments Mobi receives from the wireless carriers for those channels, plus any revenue from advertisin g that Mobi inserts into that programming. The rate to be applied to that revenue base is 0.1375% for news and sports content; 0.375% for general entertainment; 0.9% for music intensive programming, to include Mobi's music video channels; and 2.5% for all-audio offerings. (Signed by Judge Denise L. Cote as radacted on 5/11/2010) (jfe)
December 7, 2010 605 Opinion or Order of the Court REDACTED OPINION AND ORDER: DMX's proposal for a blanket license fee with adjustments for its ongoing direct licensing program is adopted. ENDORSEMENT: As redacted December 7, 2010 on the application of the parties and with approval of the Court. (Signed by Judge Denise L. Cote on 12/7/10) (db)
April 15, 2011 646 Opinion or Order of the Court OPINION AND ORDER: ASCAP's January 28, 2011 motion to review and vacate the bill of costs is granted. The Clerk of Court shall vacate the January 24, 2011 judgment taxing ASCAP for the January 6 Bill of Costs. (Signed by Judge Denise L. Cote on 4/15/2011) (jpo)
April 29, 2011 647 Opinion or Order of the Court AMENDED OPINION AND ORDER: ASCAP's January 28, 2011 motion to review and vacate the bill of costs is granted. The Clerk of Court shall vacate the January 24, 2011 judgment taxing ASCAP the January 6 Bill of Costs. (Signed by Judge Denise L. Cote on 4/28/2011) (jfe)
September 17, 2013 732 Opinion or Order of the Court OPINION & ORDER re: (37 in 1:12-cv-08035-DLC) MOTION for Summary Judgment filed by Pandora Media, Inc. Pandora's July 1, 2013 motion for summary judgment that ASCAP publisher withdrawals of New Media licensing rights during the term of Pandora&# 039;s five year license beginning on January 1, 2011 do not affect the scope of the ASCAP repertory subject to that license is granted. (Signed by Judge Denise L. Cote on 9/17/2013) Filed In Associated Cases: 1:12-cv-08035-DLC, 1:41-cv-01395-DLC-MHD(lmb)
December 13, 2013 733 Opinion or Order of the Court OPINION AND ORDER. The Publishers' September 30, 2013 motion to intervene for purpose of appeal nunc pro tunc to September 13, 2013 is granted on the following condition. The Publishers may not raise new arguments on appeal that were not raised by ASCAP, with the exception of the Section 106 of the Copyright Act argument described in the foregoing. (Signed by Judge Denise L. Cote on 12/13/2013) Filed In Associated Cases: 1:12-cv-08035-DLC, 1:41-cv-01395-DLC-MHD(gr)
March 18, 2014 738 Opinion or Order of the Court OPINION & ORDER: The headline rate for the ASCAP-Pandora license for the years 2011 through 2015 is set at 1.85% of revenue for every year of the license term. Pandora is entitled to take a deduction for any direct payments to publishers made following their partial withdrawals from ASCAP. (Signed by Judge Denise L. Cote on 3/14/2014) Filed In Associated Cases: 1:12-cv-08035-DLC, 1:41-cv-01395-DLC-MHD (tn)

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