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Capitol Records LLC et al v. Sirius XM Radio Inc

Date: 06-27-2015

Case Number: BC520981

Judge: John Shepard Wiley, Jr.

Court: Superior Court, Los Angeles County, California

Plaintiff's Attorney: Mitchell Sillberger & Knupp, L.L.P. and Sidley Austin, L.L.P.

Defendant's Attorney: Dan Petrocelli

Description:
Los Angeles, CA - Capitol Records, L.L.C., et al. sued Sirius XM Radio, Inc. on copyright violation theories claiming that Sirius wrongfully played copyrighted music on it satellite radio network without paying royalty fees to the owners of the copyrights.



On June 17, 2015, our subsidiary, Sirius XM Radio Inc., entered into an agreement with Capitol Records LLC, Sony Music Entertainment, UMG Recordings, Inc., Warner Music Group Corp. and ABKCO Music & Records, Inc. to settle the case titled Capitol Records LLC et al. v. Sirius XM Radio Inc., No. BC-520981 (Super. Ct. L.A. County), which challenged our use of sound recordings fixed prior to February 15, 1972 ("pre-1972 recordings”). Pursuant to the settlement, we will pay the plaintiffs, in the aggregate, $210 million on or before July 15, 2015 and the plaintiffs will dismiss their lawsuit with prejudice. The settlement resolves all past claims as to our use of pre-1972 recordings owned or controlled by the plaintiffs and enables us, without any additional payment, to reproduce, perform and broadcast such recordings in the United States through December 31, 2017. As part of the settlement, we have the right, to be exercised before December 31, 2017, to enter into a license with each plaintiff to reproduce, perform and broadcast its pre-1972 recordings from January 1, 2018 through December 31, 2022. The royalty rate for each such license will be determined by negotiation or, if the parties are unable to agree, binding arbitration. The plaintiffs have represented and warranted to us that in the United States they own, control or otherwise have the right to contract with respect to approximately 80% of the pre-1972 recordings we have historically used.



Court docket entries:



06/23/2015 Stipulation and Order (to continue status conference conformed copy in pick up box)

Filed by Attorney for Defendant/Respondent

12/18/2014 Ord-Appt Apprv Rptr as Rptr protem (LAURIE MILLER CSR 6457 562-565-0183 )

Filed by Attorney for Defendant/Respondent

12/17/2014 Notice (association of counsel )

Filed by Attorney for Plaintiff/Petitioner

12/03/2014 Stipulation and Order (JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE )

Filed by Attorney for Plaintiff/Petitioner

11/26/2014 Reply/Response

Filed by Attorney for Defendant/Respondent

11/20/2014 Opposition Document

Filed by Attorney for Plaintiff/Petitioner

11/20/2014 Request for Judicial Notice

Filed by Attorney for Plaintiff/Petitioner

11/18/2014 Request for Judicial Notice

Filed by Attorney for Defendant/Respondent

11/10/2014 Miscellaneous-Other (CASE ANYWHERE POSTING )

Filed by Clerk

10/31/2014 Miscellaneous-Other (STATEMENT OF PLTFF'S RE: EX-PARTE APPLIC TO ADVANCE HEARING ON MOT OF SYRIUS XM FOR RECONSIDERATION AND/OR CERTIFICATION OF OCTOBER 14, 2014 ORDER GRANTING PLTFF'S MOT FOR JURY INSTRUCTION)

Filed by Attorney for Plaintiff/Petitioner

10/30/2014 Ex-Parte Application (UNOPPOSED EX-PARTE APPLICATION TO ADVANCE THE HEARING DATE FOR MOTION FOR RECONSIDERATION; MEMO OF P&A'S IN SUPPORT; DECL OF ROBERT M. SCHWARTZ )

Filed by Attorney for Defendant/Respondent

10/28/2014 Declaration

Filed by Attorney for Defendant/Respondent

10/28/2014 Motion for an Order (FOR RECONSIDERATION )

Filed by Attorney for Defendant/Respondent

10/28/2014 Substitution of Attorney

Filed by Former Attorney for Def/Respondent

10/17/2014 Notice (RE: OF STATUS CONFERENCE )

Filed by Attorney for Plaintiff/Petitioner

10/15/2014 Request for Judicial Notice

Filed by Attorney for Defendant/Respondent

10/14/2014 Order (RULING ON SUBMITTED MATTER RE: PLTFF'S MOT FOR JURY INSTRUCTION GRANTED. )

Filed by Court

09/23/2014 Request for Judicial Notice (RE: MSJ 09/22/2014 )

Filed by Attorney for Plaintiff/Petitioner

09/23/2014 Request for Judicial Notice (RE: SEPTEMBER 22, 2014 IN FLO & EDDIE INC VS. SIRIUS XM RADIO INC )

Filed by Attorney for Plaintiff/Petitioner

08/27/2014 Ord-Appt Apprv Rptr as Rptr protem

Filed by Attorney for Plaintiff/Petitioner

08/22/2014 Notice (OF SUBMISSION OF NEW AUTHORITY RELEVANT TO MOTION FOR JURY INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS FIXED BEFORE 2/15/72 )

Filed by Attorney for Plaintiff/Petitioner

08/21/2014 Notice of Continuance (OF HEARING DATE FOR MOTION FOR A JURYH INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS FIXED BEFORE FEBRUARY 15, 1972 AND CASE MANAGEMENT CONFERENCE)

Filed by Attorney for Plaintiff/Petitioner

06/25/2014 Stipulation and Order (protective order regarding confidential material conformed copy mailed)

Filed by Attorney for Plaintiff/Petitioner

06/10/2014 Answer to Complaint (COMES NOW: SIRIUS XM RADIO INC'S ANSWER TO THE COMPLAINT )

Filed by Attorney for Defendant/Respondent

Click on any of the below link(s) to see documents filed on or before the date indicated:

TOP 05/12/2014

05/12/2014 Miscellaneous-Other (CASE ANYWHERE POSTING )

Filed by Clerk

05/07/2014 Report-Status (JOINT )

Filed by Attorney for Plaintiff/Petitioner

04/23/2014 Miscellaneous-Other (OF NON-CALIFORNIA AUTHORITIES CITED IN REPLY MEMORANDUM OF PLAINTIFFS IN SUPPORT OF MOITON FOR A JURY INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINS BEFORE 02-15-1972)

Filed by Attorney for Plaintiff/Petitioner

04/23/2014 Reply/Response (REPLY MEMORANDUM OF PLAINTIFFS IN SUPPORT OF MOTION FOR A JURY INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS FIXED BEFORE FEBRUARY 15, 1972)

Filed by Attorney for Plaintiff/Petitioner

03/24/2014 Opposition Document (TO MOTION OF PLTF FOR JURY INSTRUCTION )

Filed by Attorney for Defendant/Respondent

03/24/2014 Miscellaneous-Other (APPENDIX OF NON-CALIF AUTH )

Filed by Attorney for Defendant/Respondent

02/03/2014 Miscellaneous-Other (APPENDIX OF NON-CALIFORNIA AUTHORI TIES CITED IN SUPPORT OF MOTION OF PLAINTIFFS FOR JURY INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN PRE-72 SOUND RECORDINGS RECEIVED)

Filed by Attorney for Plaintiff/Petitioner

02/03/2014 Motion (OF PLAINTIFFS FOR JURY INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS FIXED BEFORE FEBRUARY 15, 1972; MEMORAN- DUM OF POINTS AND AUTHORITIES IN SUPPORT)

Filed by Attorney for Plaintiff/Petitioner

02/03/2014 Request for Judicial Notice (IN SUPPORT OF PLAINTIFFS' MOTION FOR JURY INSTRUCTION REGARDING A DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS FIXED BEFORE FEBRUARY 15, 1972 )

Filed by Attorney for Plaintiff/Petitioner

01/31/2014 Notice of Continuance (RE: CASE MANAGEMENT CONFERENCE 05/14/14 )

Filed by Attorney for Defendant/Respondent

01/27/2014 Report-Status (JOINT STATUS REPORT RE: STIPULATED BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR JURY INSTRUCTION AND ORDER THEREON )

Filed by Attorney for Plaintiff/Petitioner

01/16/2014 Report-Status (JOINT RE: SITPULATED BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR JURY INSTRUCTION )

Filed by Attorney for Plaintiff/Petitioner

11/25/2013 Order (granting application for admission of John R. Gerba as counsel pro hac vice on behalf of defendant conformed copy mailed)

Filed by Attorney for Defendant/Respondent

11/22/2013 Order (granting application for admission of Bruce S. Meyer as counsel pro hac vice on behalf of defendant conformed copy mailed)

Filed by Attorney for Defendant/Respondent

11/18/2013 Order (granting application for admission of Benjamin E. Marks as counsel pro hac vice on behalf of defendant conformed copy mailed)

Filed by Attorney for Defendant/Respondent

11/18/2013 Report-Status

Filed by Attorney for Plaintiff/Petitioner

11/18/2013 Order (granting application for admission of Todd D. Larson as counsel pro hac vice on behalf of defendant conformed copy mailed)

Filed by Attorney for Defendant/Respondent

11/18/2013 Order (granting application for admission of R. Bruce Rich as counsel pro hac vice on behalf of defendant conformed copy mailed)

Filed by Attorney for Defendant/Respondent

11/13/2013 Application-Pro Hac Vice (BRUCE S MEYER )

Filed by Attorney for Defendant/Respondent

11/13/2013 Application-Pro Hac Vice (TODD D. LARSON )

Filed by Attorney for Defendant/Respondent

11/13/2013 Application-Pro Hac Vice ( FOR JOHN R.GERBA )

Filed by Attorney for Defendant/Respondent

11/12/2013 Application-Pro Hac Vice ( RE R. BRUCE RICH )

Filed by Attorney for Defendant/Respondent

11/12/2013 Application-Pro Hac Vice (FOR AN PRO HAC VICE RE BENJAMIN E. MARKS )

Filed by Attorney for Defendant/Respondent

10/11/2013 Ntc and Acknowledgement of Receipt (PARTY SERVED: SIRIUS XM RADIO INC )

Filed by Attorney for Plaintiff/Petitioner

10/11/2013 Notice (RE: OF ORDER RE RELATED CASES )

Filed by Attorney for Plaintiff/Petitioner

10/04/2013 OSC-Failure to File Proof of Serv

Filed by Clerk

10/04/2013 Notice-Case Management Conference

Filed by Clerk

10/04/2013 Notice (of case reassignment )

Filed by Attorney for Plaintiff/Petitioner

10/04/2013 Notice (OF REASSIGNMENT )

Filed by Attorney for Pltf/Petnr

09/25/2013 CCP 170.6 Application Filed

Filed by Attorney for Pltf/Petnr

09/11/2013 Complaint

09/11/2013 Notice-Related Cases ( with case number bc517032 )

Filed by Attorney for Pltf/Petnr

Click on any of the below link(s) to see documents filed on or before the date indicated:

TOP 05/12/2014

Case Information | Party Information | Documents Filed





Proceedings Held (Proceeding dates listed in descending order)

06/23/2015 at 10:00 am in Department 311, JOHN SHEPARD WILEY JR, Presiding

Status Conference (cont'd to 9/1/15NOTICE POSTED ON CASE ANYWHERE) - Continued by Stipulation

12/18/2014 at 02:00 pm in Department 311, JOHN SHEPARD WILEY JR, Presiding

Status Conference - Completed

12/05/2014 at 01:30 pm in Department 32, Mary H. Strobel, Presiding

MOTION-RECONSIDERATION (OF DEFT'S MOT FOR RECONSIDERATIONAND/OR CERTIFICATION OF 10/14/14ORDER GRANTING PLTFF'S MOT FOR AJURY INSTRUCTION, OR IN THEALTERNATIVE, FOR ORDER IDENTIFYING A CONTROLLING ISSUE OF LAW) - Granted

11/05/2014 at 02:00 pm in Department 311, JOHN SHEPARD WILEY JR, Presiding

Status Conference - Continued by Court

10/31/2014 at 08:30 am in Department 32, Mary H. Strobel, Presiding

Exparte proceeding (TO ADVANCE THE HEARING DATE ONMOT FOR RECONSIDERATION(RESERVED FOR 05/08/15 TO12/05/14)) - Granted

10/14/2014 at 01:30 pm in Department 311, Mary H. Strobel, Presiding

Ruling on Submitted Matter (RULING ON MOTION TAKEN UNDERSUBMISSION ON 08/27/14RE: PLTFF'S MOT FOR JURYINSTRUCTION) - Granted

08/27/2014 at 03:00 pm in Department 311, JOHN SHEPARD WILEY JR, Presiding

Conference-Case Management (CONT FROM 08/21/2014 BY COURT) - Case Taken Under Submission

08/21/2014 at 09:00 am in Department 311, JOHN SHEPARD WILEY JR, Presiding

Conference-Case Management (PLAINTIFFS' MOTION FOR A JURYINSTRUCTION) - Continued by Court

06/04/2014 at 11:00 am in Department 311, JOHN SHEPARD WILEY JR, Presiding

Telephonic Conference - Completed

01/30/2014 at 08:30 am in Department 311, JOHN SHEPARD WILEY JR, Presiding

Non-Appearance (Case Review) - Completed

11/25/2013 at 08:30 am in Department 311, JOHN SHEPARD WILEY JR, Presiding

Status Conference - Completed

10/04/2013 at 08:30 am in Department 311, JOHN SHEPARD WILEY JR, Presiding

Order Re: Related Cases - Completed

10/01/2013 in Department 25, Mary Ann Murphy, Presiding

Affidavit of Prejudice - Court Disqualifies Self
Outcome:
Settled for $210 million.
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Capitol Records LLC et al v. Sirius XM Radio Inc?

The outcome was: Settled for $210 million.

Which court heard Capitol Records LLC et al v. Sirius XM Radio Inc?

This case was heard in Superior Court, Los Angeles County, California, CA. The presiding judge was John Shepard Wiley, Jr..

Who were the attorneys in Capitol Records LLC et al v. Sirius XM Radio Inc?

Plaintiff's attorney: Mitchell Sillberger & Knupp, L.L.P. and Sidley Austin, L.L.P.. Defendant's attorney: Dan Petrocelli.

When was Capitol Records LLC et al v. Sirius XM Radio Inc decided?

This case was decided on June 27, 2015.