Toto, Inc. v. Sony Music Entertainment
Filing 46
ORDER ADOPTING REPORT AND RECOMMENDATION for 21 Motion to Dismiss filed by Sony Music Entertainment, 43 Report and Recommendations. Accordingly, the Court adopts the Report in its entirety and, for the reasons set forth therein, GRANTS Defendant 's motion to dismiss as to the portion of Plaintiff's first cause of action seeking damages for royalties periods ending on June 30, 2008 and earlier, but DENIES Defendant's motion to dismiss for the portion of Plaintiff's first c ause of action seeking recovery for digital download royalties tor the periods ending December 31, 2008 and later. Further, the Court GRANTS Defendant's motion to dismiss as to Plaintiff's second cause of action for breach of the implied covenant of good faith and fair dealing. (Signed by Judge Richard J. Sullivan on 1/15/2013) (mro)
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