Toto, Inc. v. Sony Music Entertainment

Justia Dockets & Filings Second Circuit New York Southern District Toto, Inc. v. Sony Music Entertainment

Toto, Inc. v. Sony Music Entertainment

Plaintiff:	Toto, Inc.
Defendant:	Sony Music Entertainment
Case Number:	1:2012cv01434
Filed:	February 27, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Lewis A. Kaplan
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
October 8, 2014	Filing 117 OPINION AND ORDER. For the reasons set forth above, the Court GRANTS SME's cross-motion, and denies Toto's motion, for summary judgment on Toto's breach of contract claim; and GRANTS Toto's motion, and denies SME's cross-moti on, for summary judgment on SME's declaratory judgment counterclaim. Because neither party addressed SME's remaining counterclaims for breach of contract and unjust enrichment in their summary judgment briefing, IT IS HEREBY ORDERED THAT th e parties shall submit a joint letter to the Court no later than October 29, 2014 concerning the next contemplated steps in this case. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 84 and 89. (Signed by Judge Richard J. Sullivan on 9/29/2014) (This Document was previously filed under seal in envelope doc. number 114 and unsealed pursuant to Order doc. no. 116). (rjm).
January 15, 2013	Filing 46 ORDER ADOPTING REPORT AND RECOMMENDATION for 21 Motion to Dismiss filed by Sony Music Entertainment, 43 Report and Recommendations. Accordingly, the Court adopts the Report in its entirety and, for the reasons set forth therein, GRANTS Defendant 's motion to dismiss as to the portion of Plaintiff's first cause of action seeking damages for royalties periods ending on June 30, 2008 and earlier, but DENIES Defendant's motion to dismiss for the portion of Plaintiff's first c ause of action seeking recovery for digital download royalties tor the periods ending December 31, 2008 and later. Further, the Court GRANTS Defendant's motion to dismiss as to Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing. (Signed by Judge Richard J. Sullivan on 1/15/2013) (mro)

Date Filed

Document Text

October 8, 2014

Filing 117 OPINION AND ORDER. For the reasons set forth above, the Court GRANTS SME's cross-motion, and denies Toto's motion, for summary judgment on Toto's breach of contract claim; and GRANTS Toto's motion, and denies SME's cross-moti on, for summary judgment on SME's declaratory judgment counterclaim. Because neither party addressed SME's remaining counterclaims for breach of contract and unjust enrichment in their summary judgment briefing, IT IS HEREBY ORDERED THAT th e parties shall submit a joint letter to the Court no later than October 29, 2014 concerning the next contemplated steps in this case. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 84 and 89. (Signed by Judge Richard J. Sullivan on 9/29/2014) (This Document was previously filed under seal in envelope doc. number 114 and unsealed pursuant to Order doc. no. 116). (rjm).

January 15, 2013

Filing 46 ORDER ADOPTING REPORT AND RECOMMENDATION for 21 Motion to Dismiss filed by Sony Music Entertainment, 43 Report and Recommendations. Accordingly, the Court adopts the Report in its entirety and, for the reasons set forth therein, GRANTS Defendant 's motion to dismiss as to the portion of Plaintiff's first cause of action seeking damages for royalties periods ending on June 30, 2008 and earlier, but DENIES Defendant's motion to dismiss for the portion of Plaintiff's first c ause of action seeking recovery for digital download royalties tor the periods ending December 31, 2008 and later. Further, the Court GRANTS Defendant's motion to dismiss as to Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing. (Signed by Judge Richard J. Sullivan on 1/15/2013) (mro)

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Plaintiff: Toto, Inc.
Represented By:	Kenneth E. Gordon
Represented By:	Richard Steven Busch
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Defendant: Sony Music Entertainment
Represented By:	Jonathan Michael Sperling
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