We Shall Overcome Foundation v. The Richmond Organization, Inc. (TRO Inc.) et al
| We Shall Overcome Foundation |
| The Richmond Organization, Inc. (TRO Inc.) and Ludlow Music, Inc. |
| 1:2016cv02725 |
| April 12, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L. Cote |
| Copyrights |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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Filing
174
OPINION AND ORDER......The August 8, 2018 motion for reconsideration of the July 31, 2018 attorneys fee award is denied. (Signed by Judge Denise L. Cote on 10/26/2018) (gr)
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Filing
164
OPINION AND ORDER.....The February 9, 2018 motion for attorneys fees and costs is granted to the extent of awarding plaintiffs $352,000 in attorneys fees. The determination of certain items of expenses and costs is resolved in an accompanying Order. (Signed by Judge Denise L. Cote on 7/31/2018) (gr)
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Filing
127
MEMORANDUM OPINION AND ORDER: A September 10, 2017 Opinion and Order granted plaintiffs motion for summary judgment to the extent of holding that the defendants have no valid copyright in the words and melody of the first and fifth verses (Verse 1/5) of We Shall Overcome because they lack originality. Trial is scheduled to be held on February 5, 2018 to resolve remaining issues. Defendants tendered on December 22, 2017 a purported covenant-not-to-sue as to all portions of the copyright other t han Verse 1/5 (the Remaining Verses), and accordingly contend that the suit is now moot, requiring an entry of final judgment as to Verse 1/5. In response to concerns about the breadth of the covenant raised by the plaintiffs, defendants tendered a revised covenant with their reply submission on January 10, 2018.Even if the revised covenant does moot the claims as to the Remaining Verses, the suit as a whole is not moot.... Accordingly, it is hereby ORDERED that the defendants December 22, 201 7 motion to enter final judgment pursuant Rules 54, 58, and 12(b)(1), Fed. R. Civ. P., is denied as to Verse 1/5. IT IS FURTHER ORDERED that plaintiffs shall submit a letter by January 15, 2018 at noon indicating whether they wish to proceed with the trial of their fraud and divestment claims, or would prefer that final judgment be entered on the summary judgment opinion. IT IS FURTHER ORDERED that, if defendants intend to withdraw the covenant in light of this Order and the plaintiffs letter, t hey must do so by January 17, 2018 at noon. IT IS FURTHER ORDERED that in light of the modification to the covenant-not-to-sue tendered with the defendants reply submission, plaintiffs shall have until January 19, 2018 to submit a brief articulating their position on mootness of the case as to the Remaining Verses with respect to the revised covenant. IT IS FURTHER ORDERED that the parties should prepare their pretrial submissions, which remain due on January 19, 2018, on the assumption that the following issues will be tried: fraud on the copyright office, copyright divestment, and authorship as to the Remaining Verses. (Signed by Judge Denise L. Cote on 1/12/2018) (gr)
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Filing
87
OPINION AND ORDER......The Plaintiffs August 18, 2017 Daubert motion is granted in part as described above. The Plaintiffs June 20, 2017 motion for partial summary judgment is granted to the following extent: the Plaintiffs have shown, as a matter of law, that the Defendants have no valid copyright in the words and melody of the first verse of We Shall Overcome because it lacks originality. (Signed by Judge Denise L. Cote on 9/8/2017) (gr)
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Filing
39
CORRECTED OPINION AND ORDER.....The Defendants July 15, 2016 motion to dismiss is granted in part. Each of the state law claims is dismissed on the ground that they are preempted. (Signed by Judge Denise L. Cote on 11/21/2016) (gr)
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