Virgin Records America, Inc v. Thomas

Filing 39

Virgin Records America, Inc v. Thomas

Doc. 39

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA DULUTH DIVISION VIRGIN RECORDS AMERICA, INC., a Califor nia corporation; CAPITOL RECORDS, INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; INTERSCOPE RECORDS, a California general partnership; WARNER BROS. RECORDS INC., a Delaware corporation; and UMG RECORDINGS, INC., a Delaware corporation, Plaint iffs, vs. Jammie Thomas, Defendant. Plaint iffs respectfully move for summary of specific facts relating to their claim of copyright infringement against Defendant. In support of this motion, Plaintiffs have attached Plaint iffs'Memorandum of Law in Support for Summary Adjudication of Specific Facts (" laint iffs'Memorandum" and will supplement with declarations by Plaintiffs'representatives P ) as referenced in Plaintiffs'Memorandum. As set forth in Plaintiffs'Memorandum, there are no disputed issues of material fact, and Plaintiffs are entitled to summary adjudication under Fed. R. Civ. P. 56(a) and (d) and request an order finding that the following material facts exist without subst ant ial controversy: (1) Plaintiffs are, and at all relevant times have been, the copyright owners or licensees of exclusive rights under United States copyright with respect to the twentysix (26) Sound Recordings at issue in this case (which Sound Recordings are identified in

Case No.: 06cv1497-MJD/RLE MOTION FOR SUMMARY ADJUDICATION OF SPECIFIC FACTS

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Dockets.Justia.com

Exhibit 1 to Plaintiffs' Memorandum of Law in Support of Motion for Summary Adjudication of Specific Facts), (2) that the Sound Recordings are and were the subject of valid Certificates of Copyright Registration issued by the Register of Copyrights, and (3) that Plaintiffs did not authorize Defendant to copy or distribute the Sound Recordings. Plaintiffs further request such other relief as the Court deems just and necessary. Respect fully submitted this 24th day of August 2007. s/Felicia J. Boyd Felicia J. Boyd (No. 186168) Laura G. Coates (No. 350175) FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: [phone] Facsimile: [phone] Timothy M. Reynolds (pro hac vice) David A. Tonini (pro hac vice) Andrew B. Mohraz (pro hac vice) HOLME ROBERTS & OWEN LLP 1700 Lincoln, Suite 4100 Denver, Colorado 80203 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on August 24, 2007, a copy of the foregoing MOTION FOR SUMMARY ADJUDICATION OF SPECIFIC FACTS was served upon the Defendant via United States Mail as follows: BRIAN N. TODER CHESTNUT & CAMBRONNE, P.A. 3700 Campbell Mithun Tower 222 South 9th Street Minneapo lis, MN 55402 Attorney for Defendant

s/Felicia J. Boyd Felicia J. Boyd Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901
fb.us.2256108.01

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