TufAmerica, Inc. v. Universal Music Publishing, Inc.

Background

TufAmerica, Inc. d/b/a Tuff City Records alleged that the composition “Real Love” contains an uncleared sample from its composition “Impeach the President.” After TufAmerica filed an amended complaint, Songs of Universal, Inc. moved to dismiss, arguing in part that the works were not substantially similar as a matter of law.

The parties had exchanged initial disclosures, but had not yet served document requests or interrogatories. The proposed discovery could involve authorship and ownership of “Impeach the President,” agreements concerning that composition, the creation of “Real Love,” consent relating to another composition called “Top Billin’,” the fame and popularity of “Real Love,” and damages. The parties also anticipated expert discovery. Because the works were released decades earlier, the parties stated that locating documents and witnesses could be difficult.

Request to Stay Discovery

The parties requested a stay of discovery under Federal Rule of Civil Procedure 26(c), which allows a court to pause discovery for good cause. The court considered the expected breadth and burden of discovery, the strength of the pending motion to dismiss, and whether TufAmerica would be prejudiced by a delay.

The request was joined by TufAmerica, although TufAmerica did not join Songs of Universal’s assertions and arguments and reserved the right to submit its own letter. Songs of Universal alternatively requested revised case-management and scheduling deadlines if discovery was not stayed.

Ruling

Judge Dale E. Ho granted the application. The court stayed all discovery deadlines pending its resolution of Songs of Universal’s motion to dismiss and directed the Clerk of Court to terminate ECF Nos. 54 and 65. The order did not resolve the motion to dismiss or determine whether copyright infringement occurred.