Twelve Sixty LLC et al v. Extreme Music Library Limited
| Twelve Sixty LLC, Aron Marderosian and Robert Marderosian |
| Extreme Music Library Limited, Extreme Music Limited, MTV Networks, New Creative Mix Inc. and Hype Production Music |
| 1:2017cv01479 |
| February 28, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Crotty |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
238
CLERK'S JUDGMENT re: 237 Memorandum & Opinion. in favor of Extreme Music Library Limited, Extreme Music Limited, Viacom International Inc. against Twelve Sixty LLC, Aron Marderosian, Robert Marderosian. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 26, 2020, After three and a half years of litigation, attempts at mediation, and more than 5,000 pages submitted on the motions considered in this Opinion alone, th e Plaintiffs have failed to raise a single genuine issue of material fact such that a reasonable fact finder could decide in their favor on their remaining breach of contract claims at trial. What remains are "'conclusory statements, conjec ture, [and] speculation'" that are insufficient to defeat summary judgment.Flores v. United States, 885 F.3d 119, 122 (2d Cir. 2018) (quoting Kulak v. City of New York, 88 F.3d 63, 71 (2d Cir. 1996)).The motion to strike evidence in support of Viacom's motion to exclude Rodriguez's expert testimony and the motion to exclude Rodriguez' expert testimony are both DENIED. The motion to strike evidence in support of the Defendants' motion to exclude Kohn's expert te stimony is GRANTED in part and DENIED in part. The motions to strike evidence in support of the motions for summary judgment are dismissed as moot. The motion to exclude Kohns expert testimony is GRANTED. The Defendants' motions for summary judgment are GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/27/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
237
OPINION & ORDER re: 204 MOTION to Strike Document No. 161 PLAINTIFFS OBJECTIONS TO DEFENDANTS EVIDENCE AND MOTION TO STRIKE INADMISSIBLE EVIDENCE; DECLARATION OF MICHAEL G. MARDEROSIAN IN SUPPORT THEREOF. filed by Twelve Sixty LLC, 194 MOTION to Strike Document No. 147 NOTICE OF PLAINTIFFS OBJECTIONS TO DEFENDANTS EVIDENCE AND MOTION TO STRIKE INADMISSIBLE EVIDENCE. filed by Twelve Sixty LLC, 160 MOTION To Exclude the Expert Testimony of Karen Rodr iguez (Corrected) re: 157 MOTION To Exclude the Expert Testimony of Karen Rodriguez . . filed by Viacom International Inc., 186 MOTION to Strike Document No. 144 OBJECTIONS TO DEFENDANTS EVIDENCE AND MOTION TO STRIKE INADMISSIBLE EVIDENCE. filed by Twelve Sixty LLC, 147 MOTION for Summary Judgment . filed by Extreme Music Library Limited, Extreme Music Limited, 144 MOTION to Preclude Opinion and Testimony of Robert Kohn. filed by Extreme Music Library Limited, Extreme Music Limited, 195 MOTION to Strike Document No. 147 PLAINTIFFS OBJECTIONS TO DEFENDANTS EVIDENCE AND MOTION TO STRIKE INADMISSIBLE EVIDENCE. filed by Twelve Sixty LLC, 203 MOTION to Strike Document No. 161 NOTICE OF PLAINTIFFS OBJECTIONS TO DEFENDANTS EVIDENCE AND MOTION TO STRIKE INADMISSIBLE EVIDENCE; DECLARATION OF MICHAEL G. MARDEROSIAN IN SUPPORT THEREOF. filed by Twelve Sixty LLC, 179 MOTION to Strike Document No. 157 NOTICE OF OBJECTIONS TO DEFENDANTS EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE EXPERT TESTIMONY OF KAREN RODRIGUEZ AND MOTION TO STRIKE INADMISSIBLE EVIDENCE. filed by Twelve Sixty LLC, 161 MOTION for Summary Judgment . filed by Viacom International Inc., 180 MOTION to Strike Document No. 157 OBJECTIONS TO DEFENDANTS EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE EXPERT TESTIMONY OF KAREN RODRIGU EZ AND MOTION TO STRIKE INADMISSIBLE EVIDENCE. filed by Twelve Sixty LLC, 157 MOTION To Exclude the Expert Testimony of Karen Rodriguez . filed by Viacom International Inc., 185 MOTION to Strike Document No. 144 NO TICE OF OBJECTIONS TO DEFENDANTS EVIDENCE AND MOTION TO STRIKE INADMISSIBLE EVIDENCE. filed by Twelve Sixty LLC. After three and a half years of litigation, attempts at mediation, and more than 5,000 pages submitted on the motions considere d in this Opinion alone, the Plaintiffs have failed to raise a single genuine issue of material fact such that a reasonable factfinder could decide in their favor on their remaining breach of contract claims at trial. What remains are "' conclusory statements, conjecture, [and] speculation'" that are insufficient to defeat summary judgment. Flores v. United States, 885 F.3d 119, 122 (2d Cir. 2018) (quoting Kulak v. City of New York, 88 F.3d 63, 71 (2d Cir. 1996)). The m otion to strike evidence in support of Viacom's motion to exclude Rodriguez's expert testimony and the motion to exclude Rodriguez's expert testimony are both DENIED. The motion to strike evidence in support of the Defendants' m otion to exclude Kohns expert testimony is GRANTED in part and DENIED in part. The motions to strike evidence in support of the motions for summary judgment are dismissed as moot. The motion to exclude Kohn's expert testimony is GRANTED. The Defendants' motions for summary judgment are GRANTED. The Clerk of Court is directed to close the motions at Dockets 144, 147, 157, 160, 161, 179, 180, 185, 186, 194, 195, 203, and 204, and to close the case. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/26/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
89
OPINION AND ORDER. For the reasons stated above, the Court GRANTS in part and DENIES in part Defendants' motions. The Court partially dismisses Plaintiffs' two claims for breach of contract to the extent they seek damages for licensing fees earned before July 1, 2014; dismisses Plaintiffs' claims for fraud, breach of implied-in-fact contract, rescission, and accounting; strikes Plaintiffs' demands for punitive damages and disgorgement of profits; and dismisses all claims agai nst Hype. In their breach-of-contract claims, Plaintiffs may argue a breach of the duty of good faith and fair dealing, and they may seek damages stemming from licensing fees earned on or after July 1, 2014, and damages stemming from public performan ce royalties without limitation. So ordered. re: 70 MOTION to Dismiss First Amended Complaint filed by Extreme Music Library Limited, Extreme Music Limited, 74 MOTION to Dismiss First Amended Complaint filed by Viacom International Inc., New Creative Mix Inc. Party Hype Production Music terminated. (Signed by Judge Paul A. Crotty on 1/9/2018) (rjm)
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