Poindexter v. Cash Money Records
OPINION: The March 3, 2014 Opinion dismissed the complaint in the Robert Poindexter Action pursuant to Rule 12(b) (6). Since the Complaint and the Robert Poindexter Complaint contain virtually identical allegations the Court, in an effort to administ er its docket, is prepared to dismiss the Plaintiff's Complaint sua sponte unless an opposition is filed within twenty days. Accordingly, Defendant's motion for a stay is granted pending resolution of this issue. It is so ordered. (Signed by Judge Robert W. Sweet on 4/8/2014) (kgo)
D STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CASH MONEY RECORDS,
13 Civ. 5882
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A P PEA RAN C E S:
153-27 120 Avenue
Jamaica, NY 11434
ATTORNEYS FOR DEFENDANT
SHAPIRO, ARATO & ISSERLES LLP
500 Fifth Avenue, 40 th Floor
New York, NY 1010
Cynthia S. Arato, Esq.
James Darrow, Esq.
Defendant Cash Money Records
("Cash Money" or the
"Defendant") has moved to designate the instant action initiated
by pro se plaintiff Jacqueline Poindexter ("Poindexter" or
"Plaintiff") as related to an action filed by Robert Poindexter,
Robert Poindexter v. Cash Money Records, No. 13 Civ. 1155 (RWS)
("Robert Poindexter Action") pursuant to Rule 13 of the Local
Rules for the Division of Business among District Judges
("Division Of Business Rules") and to stay the instant action.
The instant action relates to a complaint filed by Plaintiff on
August 20, 2013 ("Complaint").
Based on the reasoning below,
Defendant's motions to designate the instant action as related
to the Robert Poindexter Action and for a stay are granted.
The Complaint alleges that a sound recording and the
underlying musical composition that she, respectively, co
produced and co-wrote were sampled without authorization in a
The instant motions are before me with the consent of the Honorable Analisa
See Rule 13 of the Division Of Business Rules.
recording by an artist known as Bow Wow released by the
The Complaint alleges that the Plaintiff is a
songwriter and music producer and the Defendant, Cash Money, "is
in the business of recording, selling and distributing
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