Twelve Sixty LLC v. Extreme Music Library Limited

Background

The plaintiffs were Twelve Sixty LLC, Aron Marderosian, and Robert Marderosian. The defendants were Extreme Music Library Limited, Extreme Music Limited, Viacom International Inc., New Creative Mix Inc., and Hype Production Music. The judgment concerns the plaintiffs’ remaining breach-of-contract claims.

Court’s analysis

The court stated that, after three and a half years of litigation, mediation attempts, and extensive motion submissions, the plaintiffs had not raised a genuine issue of material fact. In other words, they had not identified evidence from which a reasonable factfinder could decide in their favor at trial. The court characterized what remained of the plaintiffs’ showing as conclusory statements, conjecture, and speculation, which were insufficient to defeat summary judgment.

Rulings

The court denied the motion to strike evidence supporting Viacom’s motion to exclude Rodriguez’s expert testimony. It also denied the motion to exclude Rodriguez’s expert testimony.

The court granted in part and denied in part the motion to strike evidence supporting the defendants’ motion to exclude Kohn’s expert testimony. The court granted the motion to exclude Kohn’s expert testimony.

The court dismissed as moot the motions to strike evidence supporting the motions for summary judgment. The court granted the defendants’ motions for summary judgment. The judgment states that the case was accordingly closed.