Keep On Kicking Music, Limited v. Hibbert et al
| Keep On Kicking Music, Limited |
| Toots Music, Inc., Alla Son Music, Inc. and Frederick "Toots" Hibbert |
| 1:2015cv07464 |
| September 21, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| William H. Pauley |
| Other Statutory Actions |
| 28 U.S.C. ยง 2201 dj Declaratory Judgment |
| Both |
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Filing
72
OPINION & ORDER: re: 63 MOTION for Sanctions AND RELATED RELIEF, filed by Keep On Kicking Music, Limited. For the foregoing reasons, Movants' motion for sanctions is granted in part and denied in part. Hibbert is sanctioned a to tal of $12,500, which should be paid directly to Movants no later than August 31, 2017. Movants' motion to enjoin Hibbert from pursuing his claims in the Jamaican Action is granted. The parties are directed to submit a proposed injunctiv e relief order by August 4, 2017. Finally, Movants' motion for an order of attachment against Hibbert is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 63, and as further set forth in this order. (Signed by Judge William H. Pauley, III on 7/31/2017) (ap)
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Filing
47
OPINION & ORDER re: 39 MOTION for Judgment on the Pleadings . MOTION to Dismiss filed by Keep On Kicking Music, Limited, Marc Antoine Chetata. Plaintiff Keep On Kicking Music, Limited's motion for judgment on the pleadings is granted in part. Specifically, this Court finds that KOK UK is the exclusive and worldwide administrator of the compositions on the original Schedule A to the Administration Agreement, the owner of an undivided fifty percent inter est in those compositions, and co-publisher of those compositions. Additionally, this Court finds that Defendants' breached the Settlement Agreement. Plaintiff's motion for judgment on the pleadings is otherwise denied. Keep on Kicking Music, Limited and Marc Chetata's motion to dismiss Defendants' fraud claim is granted. Defendants' remaining counterclaims and third-party claims are otherwise limited in accord with this Opinion and Order. The Clerk of Court is directed to terminate the motion pending at ECF No. 39. (As further set forth in this Opinion & Order.) (Signed by Judge William H. Pauley, III on 8/17/2016) (mro)
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