Warner Bros. Records Inc. v. Third Power Enterprises, Inc. et al, No. 1:2004cv09583 - Document 70 (S.D.N.Y. 2013)

Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, defendants extremely untimely motion to vacate the default judgment entered on April 4, 2006 is denied. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 2/21/2013) (ama)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------X WARNER BROTHERS RECORDS, Inc., Plaintiff, MEMORANDUM OPINION AND ORDER -against04 Civ. 9583 (MGC) THIRD POWER ENTERPRISES, INC., COLD CHILLIN RECORDS AND VIDEO, INC., TYRONE WILLIAMS, AND JOHN DOES 1-60, Defendants. ----------------------------------X APPEARANCES: SHAPIRO, ARATO & ISSERLES, LLP Attorneys for Plaintiff The Grace Building 1114 Avenue of the Americas 45th Floor New York, New York 10036 By: Cynthia S. Arato, Esq. Daniel J. O Neill, Esq. HOBSON-WILLIAMS, P.C. Attorneys for Defendants 253-15 80th Avenue, Suite 211 Floral Park, New York 11004 By: Tanya Hobson-Williams, Esq. Cedarbaum, J. Cold Chillin Records and Video, Inc., and Third Power Enterprises, Inc. move under Fed R. Civ. P. 55(c) and 60 to vacate a default judgment entered against them more than six years ago in April of 2006. At oral argument on October 18, 2012, I gave defendants leave to submit evidence that Reprise Records was a separate corporation rather than a department or label of Warner Brothers Records, Inc. unable to submit such evidence. Defendants have been Defendants have therefore failed to carry their burden to show that Reprise Records is an indispensible party to this action. Accordingly, defendants extremely untimely motion to vacate the default judgment entered on April 4, 2006 is denied. SO ORDERED. Dated: New York, New York February 21, 2013 S/_______________________________ MIRIAM GOLDMAN CEDARBAUM United States District Judge 2

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