1330 Old River, LLC v. Broadcast Music

Filing 15

REPORT AND RECOMMENDATIONS re 1 Complaint, filed by 1330 Old River, LLC Objections to R&R due by 4/30/2009: that case be CLOSED.. Signed by Magistrate Judge Timothy S. Black on 4/13/09. (jl1, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION : Case No. 1:08-cv-563 : Applicant, : : Magistrate Judge Timothy S. Black vs. : : BROADCAST MUSIC INC., : : Respondent. : _________________________________________________________________________ P.I.G. INC., d/b/a THE BLIND PIG, et al., Applicant, vs. BROADCAST MUSIC INC., Respondent. : : : : : : : : : Case No. 1:08-cv-730 Magistrate Judge Timothy S. Black 1330 OLD RIVER, LLC d/b/a ROC BAR,

REPORT AND RECOMMENDATION1 THAT THESE CASES BE CLOSED Pursuant to 17 U.S.C. § 513, the undersigned was assigned this matter in order to conduct all proceedings necessary and proper to determine a reasonable license fee for the named applicants. Upon completion, these proceedings were to be reviewed by the judge of the court with jurisdiction over the consent decree governing the Respondent Broadcast

Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendation.

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Music, Inc.2 17 U.S.C. § 513(6). On February 13, 2009, Applicants 1330 Old River, LLC d/b/a Roc Bar; P.I.G., Inc. d/b/a The Blind Pig; and West Sixth Street Partners, Inc. d/b/a The Velvet Dog withdrew their applications for a reasonable rate determination. (Doc. 16). After several follow-up conferences with the Court and the parties, all issues are resolved. Accordingly, the undersigned submits his Report and Recommendation that these cases be closed. IT IS SO RECOMMENDED. Date: April 13, 2009 s/ Timothy S. Black Timothy S. Black United States Magistrate Judge

The Consent Decree was entered in the United States District Court for the Southern District of New York in United States v. Broadcast Music, Inc., No. 64 Civ. 3787, 1966 U.S. Dist. LEXIS 10449, 1966 Trade Cases (CCH) ¶ 71, 941 (S.D.N.Y. 1966), as amended by 1994 U.S. Dist. LEXIS 21476, 1996-1 Trade Cases (CCH) ¶ 71, 378 (S.D.N.Y. 1994). United States District Court Judge Louis L. Stanton is the presiding rate court judge in this matter, and this Report and Recommendation is offered to him. -2-

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION 1330 OLD RIVER, LLC d/b/a ROC BAR, Applicant, vs. : : : : Case No. 1:08-cv-563 Magistrate Judge Timothy S. Black

: : BROADCAST MUSIC INC., : : Respondent. : ________________________________________________________________________ P.I.G. INC., d/b/a THE BLIND PIG, et al., Applicant, vs. BROADCAST MUSIC INC., Respondent. : : : : : : : : : Case No. 1:08-cv-730 Magistrate Judge Timothy S.Black

NOTICE Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to this Report & Recommendation ("R&R") within TEN (10) DAYS of the filing date of this R&R. That period may be extended further by the Court on timely motion by either side for an extension of time. All objections shall specify the portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law in support of the objections. A party shall respond to an opponent's objections within TEN (10) DAYS after being served with a copy of those objections. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

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