Aspen Composers' Conference v. Library of Congress, Cataloging in Publication Division

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATION 29 . 1. Defendant Library of Congresss Motion to Dismiss (Mot. to Dismiss) [Doc. No. 23] is GRANTED; 2. Plaintiff Aspen Composers Conference Motion for Summary Judgment (Mot. for Summ. J.) [Doc. No. 29] is D ENIED; 3. To the extent the Complaint asserts claims under the First Amendment, they are DISMISSED WITH PREJUDICE; and 4. To the extent the Complaint asserts claims under the Commerce Clause, they are DISMISSED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge John R. Tunheim on July 12, 2013. (haz)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 12-767 (JRT/SER)

ASPEN COMPOSERS’ CONFERENCE,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
LIBRARY OF CONGRESS,
CATALOGING IN PUBLICATION
DIVISION,
Defendant.

Natalie Synhaivsky, 5505 Brookview Avenue, Edina, Minnesota 55424, for
plaintiff.
Bahram Samie, Gregory G Brooker and Mary J Madigan, OFFICE OF THE
UNITED STATES ATTORNEY, 300 South Fourth Street, Suite 600,
Minneapolis, Minnesota 55415, for defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge Steven E. Rau. No objections
have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendant Library of Congress’s Motion to Dismiss (Mot. to Dismiss) [Doc.
No. 23] is GRANTED;
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2. Plaintiff Aspen Composers’ Conference Motion for Summary Judgment (Mot.
for Summ. J.) [Doc. No. 29] is DENIED;
3. To the extent the Complaint asserts claims under the First Amendment, they are
DISMISSED WITH PREJUDICE; and
4. To the extent the Complaint asserts claims under the Commerce Clause, they
are DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: July 12, 2013
at Minneapolis, Minnesota

___ s/John R. Tunheim _____
JOHN R. TUNHEIM
United States District Judge

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