Yesh Music, LLC v. Warner Music Group Corp.
- Alison Nathan
- 1:19-cv-07832
- U.S. District Court · Southern District of New York
- 2
In Yesh Music v. Warner Music, Judge Nathan required Yesh Music to state whether it would amend its pleading or rely on it after Warner’s motion to dismiss.
Yesh Music, LLC and Warner Music Group Corp.; the order sets notice and pleading-related procedures for both parties.
What happened
Yesh Music, LLC v. Warner Music Group Corp. concerns Warner Music Group Corp.’s motion to dismiss, filed on December 16, 2019. The order did not decide that motion.
The court required Yesh Music to notify the court and Warner Music by December 26 whether it would file an amended pleading, and when, or rely on its existing pleading. The order warned that declining to amend in response to fully briefed arguments might waive the right to use amendment to fix defects identified in Warner Music’s motion.
Judge Alison J. Nathan also stated that, if Yesh Music amended its pleading, Warner Music could answer, file a new motion to dismiss, or state that it relied on its original motion. The order did not change the deadlines set by the Federal Rules of Civil Procedure or local rules.
The detailed version
- Yesh Music, LLC v. Warner Music Group Corp. · No. 1:19-cv-07832
- Alison Nathan
- Dec. 19, 2019
Background
Warner Music Group Corp. filed a motion to dismiss on December 16, 2019. The opinion does not describe the underlying claims or the grounds for that motion.
Order
Under Rule 3.F of the court’s Individual Practices in Civil Cases, the court required Yesh Music, LLC, by December 26, 2019, to notify the court and Warner Music in writing whether it would:
1. file an amended pleading and state when it would do so; or 2. rely on the pleading challenged by Warner Music’s motion.
The court warned that declining to amend promptly in response to a fully briefed argument in Warner Music’s motion might waive Yesh Music’s right to use the amendment process to cure defects made apparent by that briefing. The court cited a prior decision discussing circumstances in which leave to amend may properly be denied, including undue delay, bad faith, a dilatory motive, or futility.
If Yesh Music chose to amend, the court stated that Warner Music could answer the amended pleading, file a new motion to dismiss, or submit a letter stating that it relied on its original motion. The court also stated that the order did not alter the deadlines for amending, answering, or moving under the Federal Rules of Civil Procedure or the local rules.
Disposition
Judge Alison J. Nathan issued a case-management order concerning the pending motion to dismiss and Yesh Music’s amendment decision. The order did not grant or deny the motion to dismiss and did not decide the merits of the parties’ dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.