[YOUR NAME] [YOUR ADDRESS] [CITY, STATE ZIP CODE] [DATE]
THE HONORABLE [JUDGE’S NAME] [COURT’S NAME] [ADDRESS] [CITY, STATE ZIP CODE]
Dear Magistrate Judge [INSERT NAME],
RE: CIVIL CASE NO. [INSERT CASE NUMBER]
ANASTAS THEODORE HACKETT, TRAVELLING MAN PRODUCTIONS, LLC vs. INTERSCOPE RECORDS INC, ET AL.
The above subject refers. I am the Plaintiff herein and write this ex parte letter as per this Honourable Court’s Order dated [INSERT DATE] and in preparation for a Settlement Conference set for next week.
I am a successful music producer whose work has contributed immensely to the music industry. Unfortunately, [INSERT DEFENDANT’S NAME] used my song in their hit song without obtaining my permission thus violating my intellectual property rights.
I have since filed a lawsuit against the Defendant, and we are currently in the process of settlement discussions. We are scheduled to attend a settlement conference, and we hope to use this opportunity to try and reach an agreement with the Defendant before proceeding to trial.
As per the Court Order, an update on the status of the case is as follows:
- Deadlines and Due Dates as of the date of this letter
There are no existing deadlines, due dates, or cut-off dates in this case.
- Outstanding Motions
There are no outstanding motions currently pending before the court and parties have not consented to conducting further proceedings, including motions and trial before the Magistrate Judge.
- Discovery
Both parties have conducted initial discovery in this case. However, the Plaintiff believes that additional discovery is necessary.
The parties have agreed that initial requests for production of document and interrogatories are to be served no later than 30 days after the Settlement Conference.
- Settlement Discussions
Settlement discussions have been ongoing between the parties through their respective attorneys. The parties are optimistic that the dispute could be resolve through the Settlement Conference.
In light of the above, the parties would like a Settlement Conference as soon as practicable.
- Anticipated Length of Trial
Regarding the anticipated length of trial, we anticipate that the trial will last around five to seven days. Both parties have agreed to a trial by jury.
- Filing a Motion for Summary Judgment
The Plaintiff anticipates filing a motion for summary judgment after the Settlement Conference. However, neither party anticipates filing a motion to exclude expert testimony at this time.
- Any Other Issue
There are no other issues that either party wishes to address at the conference.
- Any Other Information
We would like to bring to the court’s attention that our client is willing to engage in settlement negotiations should the opportunity arise. We believe that this information may assist the court in advancing the case to settlement or trial.
Further to the above and in accordance with the Standing Order for All Cases Referred for Settlement to Magistrate Judge James L. Cott, the Plaintiff would like to provide the following information:
- The History of The Settlement Negotiations, if any, Including any Prior Offers or Demands
Settlement negotiations have been ongoing, and while there has been progress, no settlement has been reached between the parties. The parties have exchanged several offers and demands. During such settlement negotiations, the Defendant offered a sum of [INSERT AMOUNT]. The Plaintiff, on the other hand, demanded [INSERT AMOUNT]. However, no resolution was achieved.
- Your Evaluation of the Settlement Value of the Case and the Rationale for it
As an experienced litigator in the field of [AREA OF LAW], I have reviewed the facts of this case in detail, including the evidence and testimony available to both parties. Based on that analysis and in consultation with [CLIENT’S NAME], I recommend that a settlement proposal of [SETTLEMENT VALUE] be offered to resolve the dispute.
My rationale for the decision is based on several key consideration. Firstly, [EXPLAIN THE PRIMARY FACTORS THAT CONTRIBUTED TO YOUR DETERMINATION OF THE SETTLEMENT VALUE] such as the settlement value takes into consideration the liability of the Defendant and the potential for future legal costs and risks. In addition, [EXPLAIN ANY OTHER RELEVANT FACTORS THAT CONTRIBUTED TO YOUR CONCLUSION] such as, I have considered the likelihood of success at trial and the potential for a favorable settlement outcome.
My rationale for this settlement value is grounded in the best interests of both parties, as it represents a fair and reasonable resolution of the case. This proposed settlement value is also consistent with similar cases and legal precedents.
- Any Case Law Authority in Support of Your Settlement Position
- We rely on the case of Armstrong v. Virgin Records America, Inc., 89 F. Supp. 2d 1161 (D. Colo. 2000). The case involves the Plaintiff, Louis Armstrong’s estate, which sued Virgin Records America for copyright infringement. The estate alleged that Virgin Records had used a sound recording of Louis Armstrong’s song, “When the Saints Go Marching In,” without obtaining proper permission or paying royalties.
The court held that Virgin Records had not obtained a license or permission to use the recording, and thus had infringed on the estate’s copyright. The court awarded damages to the estate for the infringement.
Overall, the case highlights the importance of obtaining proper licenses and permissions when using copyrighted material, and the consequences of failing to do so.
- Sybersound Records, Inc. v. UAV Corporation, 517 F.3d 1137 (9th Cir. 2008). In this case, Sybersound Records had entered into a licensing agreement with UAV Corporation to release karaoke albums. The agreement required UAV to obtain permission from the musical compositions’ copyright holders before releasing the albums. UAV released two albums without securing permission from the copyright holders. Sybersound subsequently filed a lawsuit against UAV for copyright infringement.
The Court found that Sybersound did not have a valid contract with UAV for the two albums released without permission from the copyright holders. Additionally, the Court ruled that UAV’s failure to obtain permission from the copyright holders constituted copyright infringement.
The contractual rationale for intellectual property ownership in this case is that under U.S. copyright law, the creator of a work is the initial owner of the copyright they have assigned or transferred ownership to someone else in writing. In the absence of a signed agreement, Sybersound remained the owner of the intellectual property and had the right to sue for infringement.
- A third case is Acuff-Rose Music, Inc. v. Campbell, 510 U.S. 569 (1994), where the Supreme Court discussed the importance of protecting the value of intellectual property by upholding the Copyright Act’s fair use provision.
These case law justifications can be used to support the need for a valid and signed contract before releasing any intellectual property.
- Another case is Bank of Louisiana v. Magnolia Quality Development Corp., 791 So.2d 800 (La. App. 1st Cir. 2001), where the court held that a contract must contain the required elements of offer, acceptance, and mutual intent to be enforceable.
- 17 U.S.C. § 501, Copyright Act defines the legal basis for copyright infringement lawsuits. It states that copyright owners have the exclusive right to reproduce, distribute, and publicly display their copyrighted works. If someone violates these rights without permission, the copyright owner may bring a lawsuit to seek damages or an injunction to stop the infringement.
- Any Other Facts That Would Be Helpful to The Court in Preparation for the Conference
In preparation for the upcoming conference, I would like to provide additional information that may be helpful to the court.
The case revolves around the unauthorized use of copyrighted material by the Defendant. The Plaintiff is the rightful owner of this intellectual property and alleges that the Defendant used it without permission.
The Plaintiff has provided evidence of the breach, including copies of the copyrighted material and [ANY OTHER EVIDENCE]. It is important to note that the Plaintiff had taken great care to protect his intellectual property and had made efforts to prevent unauthorized use. However, despite these efforts, the Defendant continued to use the copyrighted material illegally.
Yours Sincerely,
[INSERT NAME]
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