Twelve Sixty LLC et al v. Extreme Music Library Limited, No. 1:2017cv01479 - Document 89 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER. For the reasons stated above, the Court GRANTS in part and DENIES in part Defendants' motions. The Court partially dismisses Plaintiffs' two claims for breach of contract to the extent they seek damages for licensing fees earned before July 1, 2014; dismisses Plaintiffs' claims for fraud, breach of implied-in-fact contract, rescission, and accounting; strikes Plaintiffs' demands for punitive damages and disgorgement of profits; and dismisses all claims agai nst Hype. In their breach-of-contract claims, Plaintiffs may argue a breach of the duty of good faith and fair dealing, and they may seek damages stemming from licensing fees earned on or after July 1, 2014, and damages stemming from public performan ce royalties without limitation. So ordered. re: 70 MOTION to Dismiss First Amended Complaint filed by Extreme Music Library Limited, Extreme Music Limited, 74 MOTION to Dismiss First Amended Complaint filed by Viacom International Inc., New Creative Mix Inc. Party Hype Production Music terminated. (Signed by Judge Paul A. Crotty on 1/9/2018) (rjm)