Baker v. American Society of Composers, Authors and Publishers

S.D. New York

Baker v. American Society of Composers, Authors and Publishers

DecidedJanuary 3, 2022

Docket1:21-cv-11126

StatusUnknown

This text of Baker v. American Society of Composers, Authors and Publishers (Baker v. American Society of Composers, Authors and Publishers) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. American Society of Composers, Authors and Publishers, (S.D.N.Y. 2022).

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Opinion

SUONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : ALEXANDER BAKER et al., : : Plaintiffs, : : 21-CV-11126 (JMF) -v- : : ORDER AMERICAN SOCIETY OF COMPOSERS, AUTHORS, : AND PUBLISHERS et al., : : Defendants. : : ---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge:

This case has been transferred to this District and assigned to the undersigned. Unless and until the Court orders otherwise, all dates and deadlines shall remain in effect notwithstanding the case’s transfer, except that any currently scheduled conference or oral argument with the Court is adjourned pending further order of the Court. All counsel must familiarize themselves with the Court’s Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. It is hereby ORDERED that no later than January 10, 2022, the parties shall file on ECF a joint letter, not to exceed five pages, providing the following information in separate paragraphs: 1. Names of counsel and current contact information, if different from the information currently reflected on the docket;

2. A brief statement of the nature of the case and/or the principal defenses thereto;

3. A brief explanation of why jurisdiction and venue lie in this Court. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to Title 28, United States Code, Section 1332, the letter must explain the basis for the parties’ belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, ltihme ietendti tlyia’sb imliteym cboemrsp, asnhya,r eohr otrlduestr,s ,t hpea rltentteerrs ,s hanaldl/ ostra ttreu tshteee csi.t i zSeenes, hei.pg .o, f each of Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48 (2d Cir. 2000).

4. A statement of all existing deadlines, due dates, and/or cut-off dates;

5. A statement of any previously scheduled conference dates with the Court that have not yet occurred and the matters that were to be discussed;

6. A brief description of any outstanding motions, including the date of the motion and the nature of the relief sought;

7. A statement and description of any pending appeals;

8. A detailed statement of all discovery undertaken to date, including how many depositions each party has taken and what, if any, discovery remains that is essential for the parties to engage in meaningful settlement negotiations; 9. A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any;

10. A statement of whether the parties have discussed the use of alternate dispute resolution mechanisms and indicating whether the parties believe that (a) a settlement conference before a Magistrate Judge; (b) participation in the District’s Mediation Program; and/or (c) retention of a privately retained mediator would be appropriate and, if so, when in the case (e.g., within the next sixty days; after the deposition of plaintiff is completed; after the close of fact discovery; etc.) the use of such a mechanism would be appropriate; 11. An estimate of the length of trial; and

12. Any other information that the parties believe may assist the Court in advancing the case to settlement or trial, including, but not limited to, a description of any dispositive issue or novel issue raised by the case.

The joint letter should also indicate (1) the parties’ positions on whether a conference should be held regarding next steps in the case; and (2) the parties’ positions on whether the case should be deemed related to No. 64-CV-3787 (LLS), the case with the relevant consent decree, or any other case pending in this District. See ECF No. 44, at 7; ECF No. 10-1. If this case has been settled or otherwise terminated, counsel are not required to submit such letter, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App’x A, available at http://nysd. uscourts.gov/ecf_filing.php. In accordance with the Court’s Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties’ next scheduled appearance before the Court. Unless counsel are notified that a conference has been adjourned, it will be held as scheduled.

SO ORDERED. Dated: January 3, 2022 New York, New York JESS “FURMAN nited States District Judge

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SUONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K ---------------------------------------------------------------------- X : ALEXANDER BAKER et al., : : Plaintiffs, : : 21-CV-11126 (JMF) -v- : : ORDER AMERICAN SOCIETY OF COMPOSERS, AUTHORS, : AND PUBLISHERS et al., : : Defendants. : : ---------------------------------------------------------------------- X

JESSE M. FURMAN, United States District Judge:

This case has been transferred to this District and assigned to the undersigned. Unless and until the Court orders otherwise, all dates and deadlines shall remain in effect notwithstanding the case’s transfer, except that any currently scheduled conference or oral argument with the Court is adjourned pending further order of the Court. All counsel must familiarize themselves with the Court’s Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. It is hereby ORDERED that no later than January 10, 2022, the parties shall file on ECF a joint letter, not to exceed five pages, providing the following information in separate paragraphs: 1. Names of counsel and current contact information, if different from the information currently reflected on the docket;

2. A brief statement of the nature of the case and/or the principal defenses thereto;

3. A brief explanation of why jurisdiction and venue lie in this Court. In any action in which subject matter jurisdiction is founded on diversity of citizenship pursuant to Title 28, United States Code, Section 1332, the letter must explain the basis for the parties’ belief that diversity of citizenship exists. Where any party is a corporation, the letter shall state both the place of incorporation and the principal place of business. In cases where any party is a partnership, limited partnership, ltihme ietendti tlyia’sb imliteym cboemrsp, asnhya,r eohr otrlduestr,s ,t hpea rltentteerrs ,s hanaldl/ ostra ttreu tshteee csi.t i zSeenes, hei.pg .o, f each of Handelsman v. Bedford Vill. Assocs. L.P., 213 F.3d 48 (2d Cir. 2000).

4. A statement of all existing deadlines, due dates, and/or cut-off dates;

5. A statement of any previously scheduled conference dates with the Court that have not yet occurred and the matters that were to be discussed;

6. A brief description of any outstanding motions, including the date of the motion and the nature of the relief sought;

7. A statement and description of any pending appeals;

8. A detailed statement of all discovery undertaken to date, including how many depositions each party has taken and what, if any, discovery remains that is essential for the parties to engage in meaningful settlement negotiations; 9. A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any;

10. A statement of whether the parties have discussed the use of alternate dispute resolution mechanisms and indicating whether the parties believe that (a) a settlement conference before a Magistrate Judge; (b) participation in the District’s Mediation Program; and/or (c) retention of a privately retained mediator would be appropriate and, if so, when in the case (e.g., within the next sixty days; after the deposition of plaintiff is completed; after the close of fact discovery; etc.) the use of such a mechanism would be appropriate; 11. An estimate of the length of trial; and

12. Any other information that the parties believe may assist the Court in advancing the case to settlement or trial, including, but not limited to, a description of any dispositive issue or novel issue raised by the case.

The joint letter should also indicate (1) the parties’ positions on whether a conference should be held regarding next steps in the case; and (2) the parties’ positions on whether the case should be deemed related to No. 64-CV-3787 (LLS), the case with the relevant consent decree, or any other case pending in this District. See ECF No. 44, at 7; ECF No. 10-1. If this case has been settled or otherwise terminated, counsel are not required to submit such letter, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & App’x A, available at http://nysd. uscourts.gov/ecf_filing.php. In accordance with the Court’s Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties’ next scheduled appearance before the Court. Unless counsel are notified that a conference has been adjourned, it will be held as scheduled.

SO ORDERED. Dated: January 3, 2022 New York, New York JESS “FURMAN nited States District Judge

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Baker v. American Society of Composers, Authors and Publishers, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-american-society-of-composers-authors-and-publishers-nysd-2022.