F.B. T. Productions, LLC et al v. Aftermath Records et al

Filing 612

AMENDED FINAL JUDGMENT by Judge Philip S. Gutierrez, Related to: Judgment #528 : ACCORDINGLY, IT IS HEREBY ORDERED THAT: 1. On all counts, the action be dismissed on the merits as to Defendant ARY, Inc.; 2. On the First Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover nothing, the cause of action be dismissed on the merits, and the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover costs from Plaintiffs in the amount of $65,913.62; 3. On the Second Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover from the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. the sum of $159,332, with interest accruing after the date of this Court's entry of Final Judgment on this award (i.e., March 17, 2009) at the rate specified in 28 U.S.C. 1961, plus prejudgment interest in the amount of $83,122.87 and costs in the amount of $2,415.91; 4. On the Third Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC are not entitled to royalties under the "masters licensed" provisions of the March 9, 1998 and July 2, 2003 recording agreements for the distribution and sale of permanent downloads and mastertones. Rather, Defendants appropriately pay royalties for permanent downloads and mastertones under the contractual provisions that apply to sales of records through normal retail channels. 5. Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover from Plaintiffs F.B.T. Productions, LLC and Em2M, LLC their attorneys' fees in the amount of $2,427,059.80, with interest accruing after the date this Final Amended Judgment is entered at the rate specified in 28 U.S.C. 1961. 6. The Court's Final Judgment, entered on March 17, 2009 (Docket No. 528), is amended in accordance with the foregoing. (bm)

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GLENN D. POMERANTZ (State Bar No. 112503) [e-mail] KELLY M. KLAUS (State Bar No. 161091) [e-mail] MELINDA E. LEMOINE (State Bar No. 235670) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor E-FILED 07/06/09 Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION F.B.T. PRODUCTIONS, LLC, and Em2M, LLC, Plaintiffs, vs. AFTERMATH RECORDS doing business as AFTERMATH ENTERTAINMENT; INTERSCOPE RECORDS; UMG RECORDINGS, INC.; and ARY, INC., Defendants. [PROPOSED] AMENDED FINAL JUDGMENT CASE NO. CV 07-03314 PSG (MANx)

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This action was tried by a jury with the Honorable Philip S. Gutierrez presiding, and the jury has rendered a verdict; and The Court entered a Final Judgment on March 17, 2009 (Docket No. 528); The Court entered an Order on Plaintiffs' Motion to Correct or Amend the Judgment on May 7, 2009 (Docket No. 573); and The Court entered Orders on the parties' Motions to Re-Tax Costs (Docket No. 606) and Motions for Attorneys' Fees (Docket No. 607) on June 25, 2009. The Court finds it appropriate to amend its Final Judgment to include the Court's final disposition on the parties' Motions to Re-Tax Costs and Motions for Attorneys' Fees. ACCORDINGLY, IT IS HEREBY ORDERED THAT: 1. ARY, Inc.; 2. On the First Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover nothing, the cause of action be dismissed on the merits, and the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover costs from Plaintiffs in the amount of $65,913.62; 3. On the Second Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover from the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. the sum of $159,332, with interest accruing after the date of this Court's entry of Final Judgment on this award (i.e., March 17, 2009) at the rate specified in 28 U.S.C. § 1961, plus prejudgment interest in the amount of $83,122.87 and costs in the amount of $2,415.91; 4. On the Third Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC are not entitled to royalties under the "masters licensed"
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On all counts, the action be dismissed on the merits as to Defendant

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provisions of the March 9, 1998 and July 2, 2003 recording agreements for the distribution and sale of permanent downloads and mastertones. Rather, Defendants appropriately pay royalties for permanent downloads and mastertones under the contractual provisions that apply to sales of records through normal retail channels. 5. Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover from Plaintiffs F.B.T. Productions, LLC and Em2M, LLC their attorneys' fees in the amount of $2,427,059.80, with interest accruing after the date this Final Amended Judgment is entered at the rate specified in 28 U.S.C. § 1961. 6. The Court's Final Judgment, entered on March 17, 2009 (Docket No. 528), is amended in accordance with the foregoing. The Clerk is ordered to enter this Amended Final Judgment.

DATED: July _6_, 2009

By:

PHILIP S. GUTIERREZ Hon. Philip S. Gutierrez

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