Broadcast Music, Inc. v. Radio Music License Committee, Inc.
Plaintiff: Broadcast Music, Inc.
Defendant: Radio Music License Committee, Inc.
Case Number: 1:2017cv00004
Filed: January 3, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Louis L Stanton
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1
Jury Demanded By: None
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This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2019 Opinion or Order Filing 33 AMENDED SCHEDULING ORDER: Responses and/or objections to supplemental requests for production of documents are to be served on or before May 6, 2019. Supplemental document productions are due by May 20, 2019. Supplemental written discovery is to be served on or before May 24, 2019. Responses and/or objections to supplemental written discovery are to be served on or before June 14, 2019. The last day to conduct supplemental discovery is June 21, 2019. Expert reports, with all documents required to be produced pursuant to Rule 26(a)(2)(B), are to be exchanged on or before June 27, 2019. Expert rebuttal reports are to be exchanged on or before July 25, 2019. Expert discovery, including all expert depositions, will be completed on August 21, 2019. A status conference is scheduled for August 23, 2019 at 12:30 PM. (And as further set forth in this Order.) IT IS SO ORDERED. (Deposition due by 8/21/2019. Fact Discovery due by 6/21/2019. Expert Discovery due by 8/21/2019. Status Conference set for 8/23/2019 at 12:30 PM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 4/19/2019) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(jca)
April 4, 2019 Opinion or Order Filing 32 AMENDED SCHEDULING ORDER in case 1:17-cv-00004-LLS; granting (66) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-04420-LLS. Good cause having been shown, the Scheduling Order dated March 19, 2019 is hereby amended as follows: Expert reports, with all documents required to be produced pursuant to Rule 26(a)(2)(B) are to be exchanged on or before April 19, 2019. Expert rebuttal reports are to be exchanged on or before May 16, 2019. Expert discovery, including all expert depositions, will be completed on June 5, 2019. This orders replaces, the Scheduling Order dated October 16, 2018. IT IS SO ORDERED. (Signed by Judge Louis L. Stanton on 4/3/2019) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS (rro)
April 3, 2019 Set/Reset Deadlines: Deposition due by 6/5/2019. Expert Discovery due by 6/5/2019. Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(rro)
March 25, 2019 Opinion or Order Filing 31 AUTHENTICITY STIPULATION AND ORDER: Radio Music License Committee, Inc. ("RMLC") and Broadcast Music, Inc. ("BMI") (collectively, the "Parties"), having met and conferred, and upon determining that good cause exists for the foregoing, hereby agree and stipulate as follows: 1. Subject to the exceptions below, and absent good cause to challenge the authenticity of a particular document, the Parties agree that any document, including any true and correct copy thereof, produced in response to requests for production or a subpoena issued in the above-captioned action (this "Action") shall be deemed authentic under Rule 901 for purposes of this Action and any Appeal of this action only. 2. Good cause shall include, by way of example, issues relating to the completeness of the document (e.g., missing or incomplete pages) or any conditions in the document or the manner in which it was produced that brings into question whether the document was in fact generated by the producing party or the individual noted as the author thereof. 3. The Parties' agreement in paragraph 1 of this stipulation does not apply to handwritten notes. If a document produced in this Action bears handwritten notes, the Parties' agreement does not apply to the handwritten portion of the document, but does apply to the remainder of the document. 4. In the event that a dispute arises regarding the authenticity of a document, the Parties agree to meet and confer in good faith promptly about the authenticity of the document at issue and, if necessary, to expedite the briefing on any related motions. 5. A party may challenge admissibility of a document subject to this stipulation on authenticity grounds, but solely on a showing of good cause. For the avoidance of doubt, a party may challenge the admissibility of the documents subject to this stipulation on grounds other than authenticity. 6. For the avoidance of doubt, this stipulation is applicable only for the purposes of this Action and any appeal of this Action, and cannot be used for any purpose in any other lawsuit or proceeding. (Signed by Judge Louis L. Stanton on 3/25/2019) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(mro)
March 19, 2019 Opinion or Order Filing 30 AMENDED SCHEDULING ORDER in case 1:17-cv-00004-LLS; granting (61) Letter Motion for Extension of Time in case 1:18-cv-04420-LLS. Good cause having been shown, the Scheduling Order dated October 16, 2018 is hereby amended as follows: Expert reports, with all documents required to be produced pursuant to Rule 26(a)(2)(B) are to be exchanged on or before April 5, 2019. Expert rebuttal reports are to be exchanged on or before May 2, 2019. Expert discovery, including all expert depositions, will be completed on May 22, 2019. Except as modified herein, the Scheduling Order dated October 16, 2018 remains in effect. IT IS SO ORDERED. (Signed by Judge Louis L. Stanton on 3/19/2019) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS (rro)
March 19, 2019 Set/Reset Deadlines: Deposition due by 5/22/2019. Expert Discovery due by 5/22/2019. Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(rro)
February 11, 2019 Opinion or Order Filing 29 STIPULATION AND ORDER TO INCREASE THE MAXIMUM NUMBER OF DEPOSITIONS ALLOWED: NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among counsel for the parties hereto, that each side may take a maximum of twelve fact depositions as provided for herein, plus additional expert depositions as may be necessary. IT IS SO ORDERED. (Signed by Judge Louis L. Stanton on 2/11/2019) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(ne)
January 23, 2019 Opinion or Order Filing 28 AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Louis L. Stanton on 1/23/2019) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(js)
January 7, 2019 Filing 27 NOTICE OF CHANGE OF ADDRESS by Joseph Richard Wetzel, Jr on behalf of Radio Music License Committee, Inc.. New Address: Latham & Watkins LLP, 505 Montgomery Street, Suite 2000, San Francisco, California, United States of America 94111, (415) 391-0600. (Wetzel, Joseph)
November 1, 2018 Opinion or Order Filing 26 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF APPEARANCE. ENDORSEMENT: So Ordered. (Attorney Eric Ian Weiss terminated.) (Signed by Judge Louis L. Stanton on 11/1/2018) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(rro)
October 16, 2018 Opinion or Order Filing 25 AMENDED SCHEDULING ORDER: All fact depositions to be completed by February 8, 2019. Notwithstanding the February 8, 2019 fact deposition deadline, any party witness identified as a trial witness after such date, who was not deposed during fact discovery, will be made available for deposition within a reasonable time prior to trial. All fact discovery, including Interrogatories, Requests for Admissions, document production, and discovery from non-party fact witnesses, will be completed by February 8, 2019. Expert reports, with all documents required to be produced pursuant to Rule 26(a)(2)(B) are to be exchanged on or before March 22, 2019. Expert rebuttal reports are to be exchanged on or before April 18, 2019. Expert discovery, including all expert depositions, will be completed on May 8, 2019. A status conference is scheduled for May 10, 2019 at noon to (inter alia) set dates for filing a Joint Pretrial Order. IT IS SO ORDERED. Except as modified herein, the Scheduling Order dated June 22, 2018 remains in effect. (Signed by Judge Louis L. Stanton on 10/16/2018) Filed In Associated Cases: 1:18-cv-04420-LLS, 1:64-cv-03787-LLS, 1:17-cv-00004-LLS(rro)
July 12, 2018 Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 12, 2018 Filing 23 TRANSCRIPT of Proceedings re: conference held on 2/17/2017 before Judge Louis L. Stanton. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018.(McGuirk, Kelly)
June 28, 2018 Opinion or Order Filing 22 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Louis L. Stanton on 6/28/2018) (kgo)
June 22, 2018 Opinion or Order Filing 21 STIPULATION AND SCHEDULING ORDER: All fact depositions to be completed by Friday, January 18, 2019. All fact discovery, including Interrogatories, Request for Admissions, document production, and discovery from non-party fact witnesses, will be completed by Friday, January 18, 2019. Expert discovery, including all expert depositions, will be completed on Friday, April 12, 2019. Status conference Friday May 10 at 12 noon; inter alia to set dates for filing Joint Pretrial Order. Anticipated Length of Trial: The Parties currently anticipate a 2 week bench trial and further set forth in this Order. (Status Conference set for 5/10/2019 at 12:00 PM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 6/22/2018) (rro)
February 24, 2017 Opinion or Order Filing 20 INTERIM FEE ORDER: ORDERED, ADJUDGED, AND DECREED: For the period commencing January 1, 2017, the fees and terms set forth in the BMI-10 Radio Station Blanket/Per Program License Agreement and its annexed exhibits (the "BMI-10 License"), attached hereto as Exhibit B, including the blanket license rate of 1.7% of revenue (subject to the deductions set forth in the BMI-10 License), shall continue in force on an interim basis pending a negotiated agreement of the Parties or subsequent determination by the Court of reasonable final fees for the period commencing January 1, 2017. In connection with this proceeding and the administration of the BMI-10 License, the RMLC represents the approximately 7,800 domestic commercial broadcast radio stations listed on Exhibit A. BMI and the RMLC may, by agreement, amend or supplement the listattached as Exhibit A. Each owner of an RMLC Station shall be deemed licensed and bound by the terms of this Order and the terms and conditions of the BMI-10 License, on an interim license basis effective January 1, 2017 and subject to retroactive adjustment as set forth above. BMI shall mail a copy of this Order to each RMLC Station no later than March 15, 2017. Entry of this Order is without prejudice to any arguments or positions BMI or the RMLC may assert in any further final fee proceeding to determine: (i) what constitutes reasonable blanket license, per-program license, or adjustable-fee blanket license fees for domestic commercial broadcast radio stations; (ii) terms for such licenses; (iii) the appropriate scope of such licenses; (iv) the methodology for calculating fees for such licenses; and/or (v) the reasonableness of the structure of such licenses or license fees. This Order shall not be considered or construed to constitute a determination by the Court of what constitutes a reasonable final license fee. The Court retains continuing jurisdiction over this proceeding for the purpose of enforcing this Order and the terms, conditions, and obligations of the BMI-10 License, as extended on an interim license basis by this Order. And as set forth herein. SO ORDERED. (Signed by Judge Louis L. Stanton on 2/24/2017) (ama)
February 24, 2017 Filing 19 LETTER addressed to Judge Louis L. Stanton from Atara Miller, Esq. dated February 24, 2017 re: Agreement on Interim Fees. Document filed by Broadcast Music, Inc.. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit A, #3 Exhibit B)(Miller, Atara)
February 17, 2017 Minute Entry for proceedings held before Judge Louis L. Stanton: Initial Pretrial Conference held on 2/17/2017. (ml)
February 16, 2017 Filing 18 LETTER addressed to Judge Louis L. Stanton from Kenneth L. Steinthal dated February 16, 2017 re: Response to BMI's 2/14 letter regarding discovery. Document filed by Radio Music License Committee, Inc..(Steinthal, Kenneth)
February 14, 2017 Filing 17 LETTER addressed to Judge Louis L. Stanton from Scott A. Edelman dated 02/14/2017 re: Discovery. Document filed by Broadcast Music, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Edelman, Scott)
February 6, 2017 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Radio Music License Committee, Inc..(Steinthal, Kenneth)
February 3, 2017 Opinion or Order Filing 15 ORDER granting #14 Letter Motion to Adjourn Conference. (Adjourning the conference until Friday, February 17, 2017, at 3:30 p.m.) SO ORDERED. Initial Conference set for 2/17/2017 at 03:30 PM before Judge Louis L. Stanton. (Signed by Judge Louis L. Stanton on 2/3/2017) (ama)
February 2, 2017 Filing 14 LETTER MOTION to Adjourn Conference re: Rule 16(b) scheduled for Friday, February 3, 2017 addressed to Judge Louis L. Stanton from Kenneth L. Steinthal dated February 2, 2017. Document filed by Radio Music License Committee, Inc..(Steinthal, Kenneth)
January 18, 2017 Opinion or Order Filing 13 ORDER FOR CONFERENCE PURSUANT TO RULE 16(b): This action is scheduled for a conference in accordance with Fed. R. Civ. P. 16(b) on Friday, February 3, 2017 at 12:00 Noon in courtroom 21C. The parties must be prepared to discuss, at the conference, the subjects set forth in subdivisions (b) and (c) of Rule 16. And as set forth herein. Initial Conference set for 2/3/2017 at 12:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (Signed by Judge Louis L. Stanton on 1/18/2017) (ama)
January 12, 2017 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #9 Letter filed by Broadcast Music, Inc. The parties will serve limited document requests by January 13, 2017; The parties will substantially complete document production by February 21, 2017, with each party reserving its right to oppose the discovery demanded by the other; The parties will simultaneously file initial briefs and supporting affidavits with the Court on March 6, 2017; The parties will complete the depositions of affiants by March 24, 2017; and The parties will file responsive briefs and supporting affidavits by April 21, 2017. SO ORDERED., ( Deposition due by 3/24/2017., Motions due by 3/6/2017., Responses due by 4/21/2017) (Signed by Judge Louis L. Stanton on 1/12/2017) (ama)
January 12, 2017 Filing 11 NOTICE OF APPEARANCE by Kenneth L. Steinthal on behalf of Radio Music License Committee, Inc.. (Steinthal, Kenneth)
January 12, 2017 Filing 10 NOTICE OF APPEARANCE by Joseph Richard Wetzel, Jr on behalf of Radio Music License Committee, Inc.. (Wetzel, Joseph)
January 11, 2017 Filing 9 LETTER addressed to Judge Louis L. Stanton from Scott A. Edelman dated January 11, 2017 re: BMI's Interim License Fee Petition. Document filed by Broadcast Music, Inc..(Edelman, Scott)
January 11, 2017 Filing 8 NOTICE OF APPEARANCE by Scott Alexander Edelman on behalf of Broadcast Music, Inc.. (Edelman, Scott)
January 6, 2017 NOTICE OF CASE REASSIGNMENT to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (wb)
January 6, 2017 CASE ACCEPTED AS RELATED. Create association to 1:64-cv-03787-LLS. Notice of Assignment to follow. (wb)
January 6, 2017 Magistrate Judge Sarah Netburn is so designated. (wb)
January 4, 2017 Filing 7 CIVIL COVER SHEET filed. (Miller, Atara)
January 4, 2017 Filing 6 ELECTRONIC SUMMONS ISSUED as to Radio Music License Committee, Inc.. (pc)
January 4, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc)
January 4, 2017 Case Designated ECF. (pc)
January 4, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Atara Miller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple natures of suits were selected. Choose one. (pc)
January 4, 2017 CASE REFERRED TO Judge Louis L. Stanton as possibly related to 64cv3787. (pc)
January 3, 2017 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Gannett CO., Inc. for Broadcast Music, Inc.. Document filed by Broadcast Music, Inc..(Miller, Atara)
January 3, 2017 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Radio Music License Committee, Inc., re: #1 Petition (Other). Document filed by Broadcast Music, Inc.. (Miller, Atara)
January 3, 2017 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 64 Civ. 3787. Document filed by Broadcast Music, Inc..(Miller, Atara)
January 3, 2017 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Miller, Atara) Modified on 1/4/2017 (pc).
January 3, 2017 Filing 1 PETITION FOR THE DETERMINATION OF REASONABLE INTERIM LICENSE FEES. (Filing Fee $ 400.00, Receipt Number 0208-13151598).Document filed by Broadcast Music, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Miller, Atara)

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