Estate of James Oscar Smith et al v. Cash Money Records, Inc. et al
| Estate of James Oscar Smith and Hebrew Hustle Inc. |
| Cash Money Records, Inc., Universal Republic Records, Universal Music Group Distribution, Corp., EMI Music Publishing Management, LLC, Universal Music-MGB NA, LLC, Warner/Chappell Music, Inc., Sony/ATV Music Publishing, LLC, Aubrey Drake Graham, Matthew Jehu Samuels, Jordan Evans, Apple, Inc. and Amazon Digital Services, Inc. |
| 1:2014cv02703 |
| April 16, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H. Pauley |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
209
OPINION & ORDER re: 189 MOTION for Summary Judgment; 199 MOTION to Preclude; 184 MOTION for Partial Summary Judgment: While Drake may have filed counterclaims only because Counterclaim Defendants sued him, that does not necessari ly mean that his claims are frivolous. For the foregoing reasons, the parties' dueling motions for summary judgment (ECF Nos. 184 and 189) and Counterclaim Defendants' motion for judgment on the pleadings (ECF No. 189) are denied. Countercl aim Defendants' motion to strike (ECF No. 199) is denied except for that portion seeking to strike the first sentence of paragraph five in the Tyler declaration. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 184, 18 9, and 199. The parties are directed to appear for a status conference to fix an expert discovery schedule on May 31, 2018 at 12:00 p.m. (Status Conference set for 5/31/2018 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/15/2018) (jwh)
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Filing
170
OPINION & ORDER re: 163 MOTION for Entry of Judgment under Rule 54(b) filed by Hebrew Hustle Inc., Estate of James Oscar Smith: Accordingly, Plaintiffs' motion to certify the Opinion as final is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 163. (Signed by Judge William H. Pauley, III on 10/4/2017) (jwh) (Main Document 170 replaced on 10/4/2017) (jwh).
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Filing
135
OPINION AND ORDER. Because there is a genuine dispute of material fact as to ownership and copying, neither party is entitled to summary judgment on Plaintiffs' infringement claims. For the reasons discussed above, however, this Court finds that any liability for Defendants' appropriation of JSR is barred by the doctrine of fair use. Accordingly, Plaintiffs' motion for summary judgment is denied and Defendants' motion for summary judgment is granted. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 91 and 97 and mark this case as closed. So ordered. (Signed by Judge William H. Pauley, III on 5/30/2017) (rjm)
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