SDNY COURTHOUSE, Aug 14 – Cam'ron's
2004 song Shake, and Juelz Santana's 2003 song Squalie,
are the subject of litigation in the U.S. District Court
for the Southern District of New York. On July 16 Judge
Jed S. Rakoff held a hearing, and Inner City Press live
tweeted:
Now in case against Universal Music Group
by Rusty Brito p/k/a JR Writer for profits from Shake by
Cam'ron (2004) and Squalie by Juelz Santana (2003). UMG
wants to stay discovery to move to dismiss.
Judge Rakoff: Can UMG file its motion to
dismiss by Monday? UMG's lawyer: That would be difficult.
Judge Rakoff: Then I might not stay discovery. Can you
file your motion by Wedneday? UMG's lawyer: Yes, Your
Honor.
Judge Rakoff: Reply papers August 3
and then oral argument - I will guarantee you a bottom
line order by August 17. I understand that Universal may
have to go to some lengths to find the documents - but I
don't move the trial date.
UMG's lawyer: There are a number of
other people on the registration, we may need four to five
depositions beyond plaintiff. Judge Rakoff: OK, I'll move
it back to Nov 5. What experts do you have in mind? UMG's
lawyer: On allocation of royalties related to damages
Judge Rakoff: Any summary judgement
argument on December 7 - then we'll set the trial date for
January.
On August 14, Judge Rakoff heard argument
on UMG's motion to dismiss. Inner City Press was the only
person in the courtroom gallery and live tweeted:
JR Writer's lawyer: He wrote the songs, he
got royalties, if your Honor thinks more is necessary, we
can amend. Judge Rakoff: If on the statute of limitations
the complaint needs more, about about amending? UMG: It's
not curable, is our position
Judge Rakoff: You say I can take judicial
notice of something recent. UMG's lawyer: It's not
curable. The failure to receive royalties couldn't
outweigh anything else. Judge: Let's talk scheduling. I'm
going to get you a bottom line ruling a week from today
Judge Rakoff: A written ruling after that.
If I dismiss anything, if plaintiff wants to have leave to
amend, they'll have a week after the decision to supply me
with the issues. From that, I may give leave to amend.
Adjourned.
Inner City Press will continue to cover the
case(s).
This case is Brito v. Universal Music Group,
1:26-cv-4750 (Rakoff)
