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May 26, 2011 · Plaintiffs assert that the statements upon which Arista relies in Exhibit 26, a letter from Glenn Delgado to Mark St. John, are inadmissible hearsay. (Strike Mem. at 3.) Arista contends that the statements are admissible under Federal Rule of Evidence 803 (3) as evidence of Delgado's state of mind and intent.
Mar 27, 2011 · No. 07-2576 (2d Cir. 2009) :: Justia. Arista Records, Inc. v. Launch Media, Inc., No. 07-2576 (2d Cir. 2009) Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
Jan 26, 2009 · Read Arista Records LLC v. Usenet.com, Inc., 608 F. Supp. 2d 409, see flags on bad law, and search Casetext’s comprehensive legal database.
- *473 Memorandum & Order
- I. Factual Background
- A. Legal Standard
- B. Breach of Contract
- C. Breach of Fiduciary Duty
- D. Constructive Trust
- E. Accounting
- III. Conclusion
- Notes
DEBORAH A. BATTS, District Judge. Plaintiffs Eric Faulkner, Duncan Faure, Alan Longmuir, Derek Longmuir, Leslie McKeown, and Stuart Wood, former members of the 1970s hit rock group, the Bay City Rollers (the "Rollers"), bring claims for breach of contract, breach of fiduciary duty, constructive trust, and accounting against Defendant Arista Records...
The following facts alleged in the First Amended Complaint in 07 Civ. 2318, filed on July 13, 2007, are assumed to be true for purposes of this Memorandum and Order. Plaintiffs Eric Faulkner, Duncan Faure, Alan Longmuir, Derek Longmuir, Leslie McKeown and Stuart Wood were members of the 1970's musical group known as the "Bay City Rollers." (Am. Com...
For a complaint to survive dismissal under Rule 12(b)(6), the plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S. Ct. 1955, 1974, 167 L. Ed. 2d 929 (2007). In other words, a plaintiff must satisfy "a flexible `plausibility standard,' which obliges a pleader t...
Plaintiffs allege that Defendant Arista has breached its contractual obligations to *478 Plaintiffs to account for and make royalty payments due to Plaintiffs pursuant to the terms of the 1981 Arista Agreement and provisions of the 1975 Agreement incorporated therein.Defendant does not contest that it has not fully accounted for or made the royalty...
Plaintiffs allege in their second cause of action that Defendant owed a fiduciary duty to Plaintiffs given the "long and enduring relationship between Arista and [the Rollers]," and that Defendant breached this duty when it failed for over twenty-five years to account for and pay Plaintiffs the royalties it owed them. (Am. Compl. ¶¶ 129-133) Defend...
Defendant further moves to dismiss Plaintiffs' action to impose a constructive trust in favor of the Rollers to prevent unjust enrichment by Arista. Under New York law, a party seeking a constructive trust must establish four elements: (1) a confidential or fiduciary relationship; (2) a promise, express or implied; (3) a transfer made in reliance o...
Plaintiffs' fourth claim for an accounting of Arista's financial affairs as they pertain to the agreements between Parties likewise fails given the absence of a fiduciary relationship in this case. Proof of a fiduciary relationship is a mandatory element of an accounting claim under New York law. See, e.g., Rodgers,677 F.Supp. at 738-739. Defendant...
For the foregoing reasons, Defendant's Motion to Dismiss is DENIED as to Plaintiffs' breach of contract claim and GRANED as to Plaintiffs' claims of breach of fiduciary duty, constructive trust, and accounting. Defendant shall answer the first and sole remaining claim of Plaintiffs' First Amended Complaint within thirty (30) days of the date of thi...
The signatories of the 1971 Agreement were the Rollers' original members: Gordon Fraser Clark, Derek Longmuir, Alan Longmuir, Neil Henderson, Archie Marr, and Eric Manclark. (Am. Compl.¶ 37) On or about May 21, 1974, Eric Faulkner, Stuart Wood and Leslie McKeown replaced Archie Marr, Neil Henderson, and Gordon Fraser Clark as signatories of that Ag...
Arista Records LLC et al v. Does 1 - 16, No. 1:2008cv00765 - Document 40 (N.D.N.Y 2009) Court Description: MEMORANDUM-DECISION AND ORDER denying 24 Motion to Quash. Signed by Magistrate Judge Randolph F. Treece on 2/18/09. (tab) Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies.
Mar 31, 2006 · Read Arista Records, Inc. v. Flea World, Inc., Civil Action No. 03-2670 (JBS), see flags on bad law, and search Casetext’s comprehensive legal database.
Defendant "Doe 3," whose identity is not known to plaintiffs Arista Records LLC et al., appeals from an order of the United States District Court for the Northern District of New York, Glenn T. Suddaby, Judge, rejecting Doe 3's objections to the denial by United States Magistrate Judge Randolph F. Treece of Doe 3's motion (originally brought by ...
