Ace Arts, LLC v. Sony/ATV Music Publishing, LLC et al
| Ace Arts, LLC |
| Sony/ATV Music Publishing, LLC and Apple Corps Limited |
| 1:2013cv07307 |
| October 16, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Other Personal Property Damage |
| 15 U.S.C. ยง 1 |
| Plaintiff |
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Filing
70
MEMORANDUM & ORDER granting in part and denying in part 41 Motion to Dismiss; denying 45 Motion to Dismiss. As set forth within, Defendants' motion to dismiss or stay the action in deference to the previously filed UK Action is denied, and their motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) is denied with respect to the claim for declaratory judgment, and it is granted with respect to the claims for violation of Section 1 of the Sherman Act, tortious interfe rence with contract, tortious interference with prospective economic relations, unfair competition, and violation of New York General Business Law § 349. The parties are hereby ordered to appear for an initial pretrial conference with the Court on November 7, 2014, at 10 AM. In accordance with the Court's Individual Rules, the parties are ordered to ECF file a Proposed Civil Case Management Plan and Scheduling Order (available at http://nysd.uscourts.gov/judge/Nathan) no later than sev en days prior to the Initial Pretrial Conference. Finally, the parties are ordered to include with the Proposed Civil Case Management Plan a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: (1) a brief description of any discovery that has already taken place; (2) a brief description of prior settlement discussions, if any; (3) the estimated length of trial; and (4) any other information that the parties believe may assist the Court in resolving this action. SO ORDERED. This resolves Dkt. Nos. 41, 45. (Signed by Judge Alison J. Nathan on 9/26/2014) (ajs)
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