Fantasy, Inc. v. La Face Records
This text of 168 F.3d 498 (Fantasy, Inc. v. La Face Records) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FANTASY, INC., Plaintiff-Appellant,
v.
La Face RECORDS, Defendant-Appellee.
No. 97-17116.
D.C. No. CV-96-4384-SC ENE.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Dec. 8, 1998.
Decided Jan. 26, 1999.
Appeal from the United States District Court for the Northern District of California Samuel Conti, District Judge, Presiding.
Before REINHARDT, NOONAN and HAWKINS, Circuit Judges.
ORDER
Final judgment was not entered by the district court in this case. The district court dismissed the complaint under Rule 12(b)(6) but, as no answer had been filed, the plaintiff had an automatic right to amend under Rule 15--a right which it did not choose to exercise. The case is therefore governed by WMX Technologies, Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997). We lack jurisdiction.
The appeal is dismissed. The district court may enter judgment if Fantasy, Inc. elects not to exercise its right to amend. If Fantasy, Inc. does elect to amend to allege common law copyright claims, the district court cannot enter judgment if a disputed factual issue exists as to the effect of the California statute of limitations.
The present appeal is DISMISSED.
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168 F.3d 498, 1999 U.S. App. LEXIS 6741, 1999 WL 51395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fantasy-inc-v-la-face-records-ca9-1999.