UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Filing 321

UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Doc. 321

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IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION Plaintiffs, vs. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV-07-05744 AHM (AJWx) ORDER RE: VEOH'S RENEWED MOTION TO COMPEL PLAINTIFFS TO PRODUCE CHAIN OF TITLE/RIGHTS INFORMATION RE: ALLEGEDLY INFRINGING WORKS Magistrate: Hon. Andrew J. Wistrich Ctrm: 690 Discovery Cutoff: April 13, 2009 Pretrial Conference: July 13, 2009 Trial Date: July 28, 2009

11 UMG RECORDINGS, INC., et al.,

14 VEOH NETWORKS, INC., et al.,

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[PROPOSED] ORDER RE: VEOH NETWORKS, INC.'S RENEWED MOTION TO COMPEL PLAINTIFFS TO PRODUCE CHAIN OF TITLE/RIGHTS INFORMATION RE: ALLEGEDLY INFRINGING WORKS

Dockets.Justia.com

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Veoh Networks, Inc's ("Veoh") Renewed Motion to Compel Plaintiff UMG

2 Recordings, Inc. to Produce Chain of Title/Rights Information Re Allegedly 3 Infringing Works ("Motion") came on for hearing before this Court on December 4 17, 2008. The Court, having reviewed the Motion, memoranda, declarations and 5 other evidence submitted, and such other and further evidence as may be considered 6 by this Court, and good cause appearing, hereby rules as follows: 7 9 11 IT IS HEREBY ORDERED that Veoh's Motion is GRANTED in part and (1) Documents to be Produced. For the sample works-in-suit1 identified as a. All chain of title documents directly bearing on Plaintiffs' 8 DENIED without prejudice in part as follows: 10 set forth in items (2) and (3) below, Plaintiffs shall produce: 12 ownership of, or claims of rights in, the works-in-suit, including but not limited to, 13 all assignment agreements, recording agreements, work-for-hire agreements, 14 songwriter agreements, artist agreements and acquisition agreements; 15 16 b. c. All copyright registrations and renewals; All Plaintiffs' correspondence with the copyright office, the

17 copyright holder, the copyright registrant, and the copyright applicant pertaining to 18 the copyright registration; and 19 d. All correspondence regarding ownership of the works-in-suit 20 reflecting disagreement or dispute regarding Plaintiffs' ownership of, control over, 21 right to administer, or other interest in any of the works-in-suit which rose to a 22 sufficiently serious level that inside or outside counsel became involved. 23 25 26 27 "Works-in-suit" refers to the alleged infringements identified by Plaintiffs in response to Veoh's Interrogatory No. 25, which Plaintiffs shall have the right to 28 supplement upon receipt of Audible Magic metadata from Veoh.
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(2)

Sample Selection. The sample works-in-suit shall be chosen

24 exclusively by Veoh.

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[PROPOSED] ORDER RE: VEOH NETWORKS, INC.'S RENEWED MOTION TO COMPEL PLAINTIFFS TO PRODUCE CHAIN OF TITLE/RIGHTS INFORMATION RE: ALLEGEDLY INFRINGING WORKS

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(3) (4)

Sample Size. Veoh may select up to TWENTY PERCENT (20%) of Deadlines. a. Plaintiffs must produce the documents set forth above within

2 the works-in-suit identified by Plaintiffs.

5 THIRTY (30) days after Veoh identifies in writing the selection of the sample 6 works-in-suit. 7 b. Within TEN (10) days after Plaintiffs' production of documents, 8 Veoh shall identify to Plaintiffs any deficiencies in Plaintiffs' claimed ownership of 9 the sample works-in-suit. Within TWO (2) days thereafter, the Parties shall meet 10 and confer to try and reach agreement as to whether Plaintiffs should produce 11 additional ownership documents for the remaining works-in-suit. If the Parties 12 cannot reach agreement, they are directed to contact the Court for instructions for 13 bringing the issue to the Court for resolution in an expedited manner. 14 15 16 17 Dated: March 5, 2009 18 19 20 21 22 23 24 25 26 27 28
-2[PROPOSED] ORDER RE: VEOH NETWORKS, INC.'S RENEWED MOTION TO COMPEL PLAINTIFFS TO PRODUCE CHAIN OF TITLE/RIGHTS INFORMATION RE: ALLEGEDLY INFRINGING WORKS

IT IS SO ORDERED. _______________________________ Hon. Andrew J. Wistrich United States Magistrate Judge Central District of California

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