F.B. T. Productions, LLC et al v. Aftermath Records et al, No. 2:2007cv03314 - Document 612 (C.D. Cal. 2009)
Court Description: AMENDED FINAL JUDGMENT by Judge Philip S. Gutierrez, Related to: Judgment 528 : ACCORDINGLY, IT IS HEREBY ORDERED THAT: 1. On all counts, the action be dismissed on the merits as to Defendant ARY, Inc.; 2. On the First Claim for Relief, the Plaintif fs F.B.T. Productions, LLC and Em2M, LLC recover nothing, the cause of action be dismissed on the merits, and the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover costs from Plaintiffs i n the amount of $65,913.62; 3. On the Second Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover from the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. the sum of $159,332, with interest accruing after the date of this Court's entry of Final Judgment on this award (i.e., March 17, 2009) at the rate specified in 28 U.S.C. § 1961, plus prejudgment interest in the amount of $83,122.87 and costs in the amount of $2,415.91; 4. On the Third Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC are not entitled to royalties under the "masters licensed" provisions of the March 9, 1998 and July 2, 2003 record ing agreements for the distribution and sale of permanent downloads and mastertones. Rather, Defendants appropriately pay royalties for permanent downloads and mastertones under the contractual provisions that apply to sales of records through normal retail channels. 5. Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover from Plaintiffs F.B.T. Productions, LLC and Em2M, LLC their attorneys' fees in the amount of $2,427,059.80 , with interest accruing after the date this Final Amended Judgment is entered at the rate specified in 28 U.S.C. § 1961. 6. The Court's Final Judgment, entered on March 17, 2009 (Docket No. 528), is amended in accordance with the foregoing. (bm)
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F.B. T. Productions, LLC et al v. Aftermath Records et al 1 2 3 4 5 6 7 8 Doc. 612 GLENN D. POMERANTZ (State Bar No. 112503) Glenn.Pomerantz@mto.com KELLY M. KLAUS (State Bar No. 161091) Kelly.Klaus@mto.com MELINDA E. LEMOINE (State Bar No. 235670) Melinda.Lemoine@mto.com MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor E-FILED 07/06/09 Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Attorneys for Defendants 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 15 Plaintiffs, 16 19 20 [PROPOSED] AMENDED FINAL JUDGMENT vs. 17 18 CASE NO. CV 07-03314 PSG (MANx) F.B.T. PRODUCTIONS, LLC, and Em2M, LLC, AFTERMATH RECORDS doing business as AFTERMATH ENTERTAINMENT; INTERSCOPE RECORDS; UMG RECORDINGS, INC.; and ARY, INC., Defendants. 21 22 23 24 25 26 27 28 -18260515.1 Dockets.Justia.com 1 2 This action was tried by a jury with the Honorable Philip S. Gutierrez presiding, and the jury has rendered a verdict; and 3 4 The Court entered a Final Judgment on March 17, 2009 (Docket No. 528); and 5 6 The Court entered an Order on Plaintiffs’ Motion to Correct or Amend the Judgment on May 7, 2009 (Docket No. 573); and 7 8 The Court entered Orders on the parties’ Motions to Re-Tax Costs (Docket No. 606) and Motions for Attorneys’ Fees (Docket No. 607) on June 25, 2009. 9 The Court finds it appropriate to amend its Final Judgment to include the 10 Court’s final disposition on the parties’ Motions to Re-Tax Costs and Motions for 11 Attorneys’ Fees. 12 ACCORDINGLY, IT IS HEREBY ORDERED THAT: 13 1. 14 On all counts, the action be dismissed on the merits as to Defendant ARY, Inc.; 15 2. On the First Claim for Relief, the Plaintiffs F.B.T. Productions, LLC 16 and Em2M, LLC recover nothing, the cause of action be dismissed on the merits, 17 and the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope 18 Records, and UMG Recordings, Inc. recover costs from Plaintiffs in the amount of 19 $65,913.62; 20 3. On the Second Claim for Relief, the Plaintiffs F.B.T. Productions, 21 LLC and Em2M, LLC recover from the Defendants Aftermath Records d/b/a 22 Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. the sum 23 of $159,332, with interest accruing after the date of this Court’s entry of Final 24 Judgment on this award (i.e., March 17, 2009) at the rate specified in 28 U.S.C. 25 § 1961, plus prejudgment interest in the amount of $83,122.87 and costs in the 26 amount of $2,415.91; 27 28 4. On the Third Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC are not entitled to royalties under the “masters licensed” -28260515.1 1 provisions of the March 9, 1998 and July 2, 2003 recording agreements for the 2 distribution and sale of permanent downloads and mastertones. Rather, Defendants 3 appropriately pay royalties for permanent downloads and mastertones under the 4 contractual provisions that apply to sales of records through normal retail channels. 5 5. Defendants Aftermath Records d/b/a Aftermath Entertainment, 6 Interscope Records, and UMG Recordings, Inc. recover from Plaintiffs F.B.T. 7 Productions, LLC and Em2M, LLC their attorneys’ fees in the amount of 8 $2,427,059.80, with interest accruing after the date this Final Amended Judgment is 9 entered at the rate specified in 28 U.S.C. § 1961. 10 11 6. The Court’s Final Judgment, entered on March 17, 2009 (Docket No. 528), is amended in accordance with the foregoing. 12 The Clerk is ordered to enter this Amended Final Judgment. 13 14 15 16 17 DATED: July _6_, 2009 By: 18 19 20 21 22 23 24 25 26 27 28 -38260515.1 PHILIP S. GUTIERREZ Hon. Philip S. Gutierrez __
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