Capital Records, LLC et al v. Vimeo, LLC et al, No. 1:2009cv10101 - Document 209 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: (160 in 1:09-cv-10105-RA) MOTION to Dismiss Plaintiffs' Unfair Competition Claims (Count VI). filed by Connected Ventures, LLC, Vimeo, LLC, (167 in 1:09-cv-10101-RA) MOTION to Dismiss Plaintiffs' ; Unfair Competition Claims (Count VI). filed by Connected Ventures, LLC, Vimeo, LLC. For the reasons explained above, Vimeo's motion to dismiss is granted in part and denied in part. The DMCA safe harbor applies to Plaintiffs' un fair competition claims. Thus, all such claims for which there is no allegation of at least red-flag knowledge are dismissed. The 59 remaining claims survive Vimeo' s motion to dismiss and will be further scrutinized based on the parties' ; pending summary judgment motions. If the parties deem it necessary to supplement their current motions in light of this decision, they may submit a joint letter no later than April 13, 2018, setting forth a proposed schedule and page limit for s upplemental or amended briefs, or other materials, to the Court. The Clerk of Court is respectfully directed to terminate the motions pending at Dkt. 167 in Case No. 09-cv-10101 and Dkt. 160 in Case No. 09- cv-10105. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/31/2018) Filed In Associated Cases: 1:09-cv-10101-RA, 1:09-cv-10105-RA(rj)