Music Choice v. Claggett

Music Choice v. Claggett

Plaintiff:	Music Choice
Defendant:	Karyn Temple Claggett
Case Number:	1:2018cv03739
Filed:	April 27, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Ronnie Abrams
Nature of Suit:	Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action:	05 U.S.C. § 702
Jury Demanded By:	None

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Date Filed	Document Text
May 20, 2019	Filing 42 OPINION AND ORDER re: 34 LETTER MOTION for Oral Argument addressed to Judge Ronnie Abrams from Paul Fakler dated August 24, 2018. filed by Music Choice, 22 MOTION to Intervene / Notice of Motion for Leave to Intervene as a Defendant filed by SoundExchange, Inc., 26 MOTION to Dismiss filed by Karyn Temple Claggett. The Register's motion to dismiss is GRANTED. (See ECF No. 22.) The Complaint is dismissed without prejudice. See Hernandez v. Conr iv Realty Assocs., 182 F.3d 121, 123 (2d eCir. 1999) ("[W]here a court lacks subject matter jurisdiction, it also lacks the power to dismiss with prejudice."). Music Choice's request for oral argument is DENIED. (See ECF No. 26.) Beca use the Complaint is dismissed, SoundExchange's motion to intervene is DENIED as moot. The Clerk of the Court is directed to close the docket entries at ECF Nos. 22, 26, and 34, and to enter judgment in accordance with this decision. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/20/2019) (ne) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

May 20, 2019

Filing 42 OPINION AND ORDER re: 34 LETTER MOTION for Oral Argument addressed to Judge Ronnie Abrams from Paul Fakler dated August 24, 2018. filed by Music Choice, 22 MOTION to Intervene / Notice of Motion for Leave to Intervene as a Defendant filed by SoundExchange, Inc., 26 MOTION to Dismiss filed by Karyn Temple Claggett. The Register's motion to dismiss is GRANTED. (See ECF No. 22.) The Complaint is dismissed without prejudice. See Hernandez v. Conr iv Realty Assocs., 182 F.3d 121, 123 (2d eCir. 1999) ("[W]here a court lacks subject matter jurisdiction, it also lacks the power to dismiss with prejudice."). Music Choice's request for oral argument is DENIED. (See ECF No. 26.) Beca use the Complaint is dismissed, SoundExchange's motion to intervene is DENIED as moot. The Clerk of the Court is directed to close the docket entries at ECF Nos. 22, 26, and 34, and to enter judgment in accordance with this decision. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/20/2019) (ne) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Music Choice
Represented By:	Paul Matthew Fakler
Represented By:	Eric Roman
Represented By:	Margaret Lee Wheeler-Frothingham
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Defendant: Karyn Temple Claggett
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