Keep On Kicking Music, Inc v. Universal Music Group, Inc.

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: - 6/30/2 KEEP ON KICKING MUSIC, INC., et al., [bare _aa0as—| i Plaintiffs, 23-CV-4400 (JPO) (BCM) -against- UMG RECORDINGS, INC., et al., ORDER Defendants. UMG RECORDINGS, INC., et al., Counterclaim-Crossclaim Plaintiffs, - against - KEEP ON KICKING MUSIC, INC., et al., Counterclaim Defendants, IDALY PUBLISHING, INC., et al., Crossclaim Defendants. KREYOL MUSIC, INC., et al., Third-Party Plaintiffs and Counterclaim-Crossclaim Plaintiffs, - against - ROBERT MARTINO, Third-Party Defendant, KEEP ON KICKING MUSIC, INC., et al., Counterclaim Defendants, UMG RECORDINGS, INC., et al., Crossclaim Defendants.

BARBARA MOSES, United States Magistrate Judge. The Court has received and reviewed the Universal Defendants’ letter-motion for leave to serve process on third-party Jerry Duplessis by certified mail and email. (Dkt. 148.) Any opposition to the motion must be filed no later than July 2, 2025, and any reply must be filed no later than July 8, 2025. See Moses Ind. Prac. § 2(e).

In addition, on or before July 8, 2025, the Universal Defendants’ must show — by declaration or other appropriate evidence — that both proposed alternative service methods are "reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Elsevier, Inc. v. Siew Yee Chew, 287 F. Supp. 3d 374, 378 (S.D.N.Y. 2018) (quoting Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 314 (1950)). Dated: New York, New York SO ORDERED. June 30, 2025

\ \ KAD BARBARA MOSES United States Magistrate Judge