United States v. Broadcast Music, Inc

Filing 136

ORDER (re: 18 cv 8749): non-party Ticketmaster must produce documentsshowing the total amount, including the service fee, that consumers paid to attend each concert since January 1, 2014. (Signed by Judge Louis L. Stanton on 7/26/2021) (ml)

Case 1:64-cv-03787-LLS Document 136 Filed 07/26/21 Page 1 of 1

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DOCUM E'.\ f
°iLECTRONICALLY FI.LED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Broadcast Music , Inc .,
Petitioner ,
- against -

DO( · ·

TH.Tl ·. · ; ED:

-------

18 Civ . 8749 (LLS)
Related to 64 Civ . 3787 (LLS)

North American Concert Promoters
Association ,

ORDER

Respondent .
The issues raised in petitioner BMI 's motion to compel
document production , non - party Ticketmaster Entertainment LLC ' s
motion to quash BMI ' s subpoena ad testificandum , and the
associated filings are resolved as follows :
In light of the discussion at the June 30 , 2021 conference
in this case and the Second Circuit ' s guidance that
absent some valid reason for using a different
measure , what retail customers pay to receive the
product or service in question (in this case , the
recorded music) seems to us to be an excellent
indicator of its fair market value .
United States v . BMI

(In re Music Choice) , 316 F.3d 189 , 195 (2d

Cir . 2003) , non - party Ticketmaster must produce documents
showing the total amount , including the service fee , that
consumers paid to attend each concert since January 1 , 2014 .
So Ordered .
Dated :

New York , New York
July 26 , 2021

b;_.s. L. st~ta>v

LOUIS L . STANTON
U. S . D. J .