Melissa Ferrick et al v. Spotify USA Inc., et al
| David Lowery, Victor Krummenacher, Greg Lisher, David Faragher, Melissa Ferrick, Jaco Pastorius, Inc. and Gerencia 360 Publishing, Inc. |
| Spotify USA Inc. |
| 1:2016cv08412 |
| October 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alison J. Nathan |
| Copyrights |
| 17 U.S.C. ยง 512 |
| Plaintiff |
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Filing
510
ORDER: The Court received a letter from Alonda P. Stallings, dated September 26, 2022 and docketed at Dkt. No. 509, raising questions about the claims process for this case. The above-referenced action is closed in this Court. Ms. Stall ings may direct her questions to Class Counsel: Kalpana D. Srinivasan, Krysta Kauble Pachman, Stephen E. Morrissey, Susman Godfrey L.L.P., 1901 Avenue of the Stars, Suite 950, Los Angeles, CA 90067, (310)-789-3100. The Clerk of Court i s respectfully directed to mail a copy of this order to Ms. Stallings and note that mailing on the public docket. SO ORDERED. (Signed by United States Circuit Judge Sitting by Designation Alison J. Nathan on 10/7/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
508
ORDER: The Court received a letter from Mr. Alarcon Wiggins, dated June 13, 2022, inquiring about the claims process for this case. The letter will be filed on the public docket as an attachment to this order. The above-referenced action is cl osed in this Court. Mr. Wiggins may direct his questions to Class Counsel: Kalpana D. Srinivasan, Krysta Kauble Pachman, Stephen E. Morrissey, Susman Godfrey L.L.P., 1901 Avenue of the Stars, Suite 950, Los Angeles, CA 90067, (310)-789-3100. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Wiggins and note that mailing on the public docket. SO ORDERED. (Signed by United States Circuit Judge Sitting by Designation Alison J. Nathan on 6/24/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
507
ORDER GRANTING DEFENDANT SPOTIFY USA INC.'S UNOPPOSED MOTION TO MODIFY FINAL JUDGMENT. IT IS HEREBY ORDERED: 1. Paragraph 4.3 of the settlement agreement is amended to add a new subparagraph 4.3(s), which states: "Spotify may satisfy its ob ligations under the Future Royalty Payments Program for usage for the period between the Preliminary Approval Date and December 31, 2020 by accruing and paying royalties to the mechanical licensing collective ("MLC") recognized pursuant to the Music Modernization Act, 17 U.S.C. § 115(d). If Spotify does so, it will not be obligated to pay duplicative royalties for a particular Claimed Musical Work and accordingly need not pay royalties for a Claimed Musical Work under both the Fut ure Royalty Payments Program and to the MLC, and as further specified and set forth herein. Paragraph 4.4 of the settlement agreement is amended to add new subparagraph 4.4(e), which shall state: "If a dispute regarding mechanical royalties for Claimed Musical works is subject to the procedures prescribed under 17 U.S.C. § 115(d)(3)(K), those procedures shall govern the resolution of that dispute rather than the procedures of paragraph 4." Subparagraph 4.3(c) of the settlement agr eement is amended to add the following two sentences at the end: Because the mechanical licensing collective ("MLC") has established a process for copyright owners to claim or identify their musical works in order to obtain royalties from d igital music providers seeking a blanket license under 17 U.S.C. § 115(d), and as further specified and set forth in this Order Granting Defendant Spotify USA Inc.'s Unopposed Motion to Modify Final Judgment. It is so ordered. In reaching t his determination, the Court has also considered Class Counsel's submission as well as Spotify's supplemental submission. Dkt. Nos. 505, 506. SO ORDERED. Granting 501 Motion to Alter Judgment re: 501 MOTION to Alter Judgment re: [42 0] Judgment, Terminate Motions, Add and Terminate Parties (Unopposed). 420 Judgment, Terminate Motions, Add and Terminate Parties. (Signed by Judge Alison J. Nathan on 5/10/2021) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing
504
ORDER. The Court seeks more specific views of Class Counsel on the procedural issues implicated by the motion to modify. By May 7, 2021, Class Counsel shall respond to the following questions with explanation: Do you agree with Spotify that the propo sed modifications "would not impair the rights of class members in any way"? Dkt. No. 502 at 27; see also Keepseagle v. Vilsack, 102 F. Supp. 3d 306, 312 (D.D.C. 2015) ("Rule 23(e) applies only when a modification materially hinders a class member's legal right, and this proposed modification [after final approval] would not do so."), and as further specified and set forth in this Order. While the Court directs these questions to Class Counsel, Spotify may also file any supplemental briefing addressing these questions that would be helpful to the Court. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/29/2021) (rjm)
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Filing
487
ORDER: The Court is in receipt various letters from Settlement Class Members expressing their inability, due to incarceration or otherwise, to access the Spotify track ID information necessary to file settlement claims. See, e.g., Dkt. No. 48 6. The patties in the above-captioned action are hereby ordered to meet and confer and submit a joint letter to the Court addressing this concern of Settlement Class Members by January 31, 2020. (Signed by Judge Alison J. Nathan on 1/27/2020) (mro)
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Filing
418
MEMORANDUM OPINION & ORDER: For the reasons articulated herein, the Settlement is determined to be fair, reasonable and adequate. Accordingly, Plaintiffs' Motion for Final Approval of the Class Action Settlement is GRANTED. The Court awards Cl ass Counsel attorneys' fees in the amount of $13,035,000 and costs in the amount of $718,236.80. The request for a $231,000 fund for future expert expenses is DENIED. The Class Representatives' Application for Incentive Awards is GRANTED. The Court will separately enter a final judgment and order of dismissal. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 5/22/2018) (cf)
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