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S.D.N.Y.Procedural orderFiled Apr. 30, 2020

Brandon v. NPG Records, Inc.

Judge
Gregory Woods
Docket
1:19-cv-01923
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to DismissIntellectual Property
In one sentence

In Brandon v. NPG Records, Judge Woods granted defendants’ dismissal motions, dismissed the amended complaint with prejudice, and closed the case.

Who this affects

James M. Brandon’s amended complaint was dismissed with prejudice, the defendants obtained judgment, and the parties were directed to file unredacted copies of documents not covered by the sealing order.

What happened

In Brandon v. NPG Records, Inc., James M. Brandon sued NPG Records, Inc., NPG Music Publishing, LLC, and other defendants. The judgment refers to Brandon’s allegation that Girl 6 infringed the copyright registration for “Phone Sex.”

The court granted the defendants’ motions to dismiss under Rule 12(b)(6), which addresses whether a complaint states a legally sufficient claim. It dismissed Brandon’s amended complaint with prejudice and denied permission to amend because any amendment would be futile in light of a prior ruling that barred the infringement allegation. The court also granted sealing for Exhibits B, D, E, and G to the Sun Declaration, denied sealing for the remaining documents, and directed the parties to file unredacted copies of those documents.

Judge Gregory Woods is identified in the provided case information. Judgment was entered for the defendants, and the case was closed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brandon v. NPG Records, Inc. · No. 1:19-cv-01923
Judge
Gregory Woods
Date
Apr. 30, 2020

Disposition

The judgment states that, for the reasons in the court’s memorandum opinion and order dated April 30, 2020, the defendants’ motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) were granted. Rule 12(b)(6) permits dismissal when a complaint does not state a legally sufficient claim. The judgment dismisses James M. Brandon’s amended complaint with prejudice, meaning the complaint cannot be refiled in that form.

Reason for Denying Further Amendment

The court denied Brandon leave to amend because it found that any amendment would be futile. Specifically, the judgment states that Brandon would still be barred by collateral estoppel—a rule preventing relitigation of an issue already decided—from alleging that Girl 6 infringed the copyright registration for “Phone Sex.”

Sealing Rulings and Case Closure

The court granted the motions to seal Exhibits B, D, E, and G to the Sun Declaration. It denied the motions to seal the remaining documents and directed the parties to file unredacted copies of those documents. Judgment was entered for the defendants, and the case was closed.

Record Limitation

The supplied text is the judgment rather than the referenced memorandum opinion and order. The judgment identifies the dismissal and sealing rulings but does not provide the memorandum opinion’s full analysis of the claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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