Zync Music Group, LLC et al v. Round Hill Music Royalty Fund II LP

Filing 44

ORDER granting 43 Letter Motion for Extension of Time( Amended Pleadings due by 9/17/2024., Deposition due by 1/15/2025.); granting 43 Letter Motion for Extension of Time to File. GRANTED. By September 17, 2024, Plaintiffs shall file their amended complaint. By January 15, 2025, all fact discovery shall be completed. By March 3, 2025, all expert discovery shall be completed. (Signed by Judge Analisa Torres on 8/29/2024) (tro)

8/29/2024

August
VIA ECF & EMAIL
Honorable Analisa Torres
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
[e-mail]

Re: Zync Music Group, LLC, et al. v. Round Hill Music Royalty Fund II, LP; 24-cv-3664-AT
Dear Judge Torres:
We are counsel for plaintiffs Zync Music Group, LLC and Zync Music, Inc. (“Plaintiffs”
or “Zync”) in the above-referenced action. We write jointly with counsel for defendant Round
Hill Music Royalty Fund II, LP (“Defendant”) pursuant to Section I.C of the Court’s Individual
Practices in Civil Cases:
(i)

to confirm that Defendant does not object to Plaintiffs’ pending request for an
extension of the time for Plaintiffs to file an amended complaint [Doc. 38],
provided that the case schedule is correspondingly updated;

(ii)

to confirm that the Parties have agreed to adjust the interim discovery deadlines
in Paragraph 6 of the current Civil Case Management Plan and Scheduling Order
[Doc. 27] (the “Scheduling Order”); and

(iii)

to respectfully request an extension of certain discovery deadlines contained in
Paragraphs 5 and 7 of the Scheduling Order.

With leave from the Court, Defendant filed a motion to dismiss Plaintiff’s complaint on
August 12, 2024 [Doc. 32]. 1 On August 22, 2024, in accordance with Section III.B(iv) of the
Court’s Individual Practices in Civil Cases, Plaintiffs notified the Court of their intention to file
an amended complaint and requested a two-week extension of time to file their amended
pleading from September 3, 2024 to September 17, 2024 [Doc. 38]. Plaintiffs’ request was the
first request for an extension of the time to file an amended pleading, and such request has not
yet been granted or denied. Defendant does not object to that extension provided that the
discovery dates are adjusted per this letter.
1

Defendant had previously moved to compel appraisal and to stay the action pending that
appraisal. That motion has been fully briefed and is pending before the Court. Defendant
continues to reserve “its right to request an interim stay of discovery and/or the case” pending
that motion, and the parties reserve all rights. [Doc. 35 at 1].
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Hon. Analisa Torres
August 28, 2024
Page 2
The parties have met and conferred about the case schedule, and in light of the need for
additional time for the parties to serve and complete discovery given the anticipated filing of
an amended complaint, the parties have agreed to change the “following interim deadlines,”
pursuant to the Scheduling Order provision permitting the parties to adjust those deadlines “by
the written consent of all parties without application to the Court. Scheduling Order ¶ 6.
Case Event

Current ¶ 6 Deadline

Newly Agreed ¶ 6 Deadline

Plaintiffs’ Filing of Amended September 3, 2024
Complaint
Service of Initial Requests for August 23, 2024
Production of Documents
Service of Interrogatories
August 23, 2024

September 17, 2024

Service of Requests to Admit October 22, 2024

December 16, 2024

Completion of Depositions

January 15, 2025

November 21, 2024

October 17, 2024
October 17, 2024

Because these changes would extend discovery beyond the originally scheduled close
of fact discovery and expert discovery in Paragraphs 5 and 7 of the Scheduling Order, the parties
respectfully request that the Court extend those deadlines as set forth in the below table.
Case Event

Current ¶¶ 5, 7 Deadlines

Requested ¶¶ 5, 7 Deadlines

Completion of Fact
Discovery
Completion of Expert
Discovery

November 21, 2024

January 15, 2025

January 6, 2025

March 3, 2025

The parties therefore respectfully request that the Court grant the above changes to the
dates in Paragraphs 5 and 7 of the Scheduling Order. Plaintiffs also respectfully reiterate their
extension request in Doc. 38, to which Defendant does not object, subject to its reservation of
rights in footnote 1 and provided that the scheduling changes sought herein are granted. With
the exception of Plaintiffs’ previously-filed request for an extension of the time for Plaintiffs to
file an amended complaint, this is the first request for an extension of these deadlines. We
thank the Court for its consideration of the parties’ requests.
GRANTED. By September 17, 2024, Plaintiffs shall file their amended complaint. By January 15, 2025,
all fact discovery shall be completed. By March 3, 2025, all expert discovery shall be completed.
SO ORDERED.
Dated: August 29, 2024
New York, New York