Bit Parts

A federal magistrate in the U.S. District Court for the District of Nevada recommended that a default judgment be entered against defendant Monroe Powell in a suit over trademark rights to the name of The Platters, originally a top vocal group of the 1950s. Herb Reed Enterprises Inc. v. Monroe Powell's Platters LLC, 2:11-cv-02010. The litigation is one of a long line of cases over rights to the vocal group's name. In Herb Reed Enterprises, Federal Magistrate Nancy J. Koppe emphasized: “Mr. Powell continued to habitually disregard his discovery obligations and the orders of the Court.” Powell cited the health of his attorney Erik Fitting as a reason for his discovery response delays. But Magistrate Koppe noted “that contention is contradicted by Mr. Fitting's own prior statements. In an e-mail sent Jan. 23, 2013, Mr. Fitting lamented Defendants' failure to produce the requested discovery. He noted to opposing counsel that, 'unfortunately in this profession, you sometimes run into clients that prove to be less than forethcomming [sic].'”

Stan Soocher'is Editor-in-Chief of'Entertainment Law & Finance'and a'tenured Associate Professor of Music'& Entertainment Industry Studies'at the University of Colorado's'Denver Campus. He can be reached'at'[email protected]'or via'www.stansoocher.com.

California Federal Court Decides It Lacks Diversity Jurisdiction over Company that Garth Brooks Started in Tennessee

The U.S. District Court for the Central District of California decided it lacked diversity jurisdiction over a suit filed by the former general manager of Red Strokes Entertainment, a production company Garth Brooks owned. Sanderson v. Brooks, CV13-03497. Red Strokes, which was incorporated in Tennessee, closed in 2011. After Lisa Sanderson, who worked for Red Strokes primarily from Los Angeles, sued in Los Angeles Superior Court alleging Red Strokes owed payments to her, Brooks had the case removed to federal court. (In a related suit by Brooks and Red Strokes against Sanderson in the Middle District of Tennessee, the Nashville federal court decided it has diversity jurisdiction. Red Strokes Entertainment Inc. v. Sanderson, 3:12-cv-0008.) California federal District Judge Otis D. Wright noted that “a 'last principal place of business' approach is the best determination of an inactive corporation's citizenship. Because Red Strokes's last principal place of business while it was active was in California, complete diversity is lacking between Red Strokes and Sanderson.” The district judge added: “Brooks alleges that because he lived in Nashville from 1994 to 2000, Red Strokes's business decisions were made in Nashville. But this assertion is limited until 2000.” Judge Wright thus sent Sanderson's suit back to Los Angeles County Superior Court.

Depositions of NBC Defendants in Dream Machines Case in Louisiana Occur in New York and Los Angeles

A federal magistrate decided that the depositions of two NBC representatives in a suit filed in the Eastern District of Louisiana should be held one at NBC's offices in New York, the other at NBC's offices in Los Angeles. Asevedo v. NBCUniversal Media LLC, 12-2005 (E.D.La. 2013). Louisiana resident Preston Asevedo alleged copyright infringement, unfair competition, negligence and unjust enrichment over the use of his artwork “Comedy Tragedy Skulls” in the SYFY network reality-TV show Dream Machines. (The copyright to Asevedo's artwork is now in the hands of a bankruptcy trustee.) Quashing Asevedo's bid to hold the depositions in Louisiana, Eastern District of Louisiana Magistrate Daniel E. Knowles III noted that a deposition conducted by a plaintiff presumptively is to occur at a defendant company's business headquarters. In Asevedo , Magistrate Knowles explained: “Neither NBC defendant [ i.e. , NBC Universal or SYFY Media] has an agent in this district, and both [of the representatives to be deposed] are located at their principal places of business. Significant discovery disputes may arise given the numerous discovery disputes that have already arisen and that this Court has resolved. But that is nothing that a telephone call to the Court cannot fix '”

Platters Case in Nevada Ended by Sanction Against Defendant

A federal magistrate in the U.S. District Court for the District of Nevada recommended that a default judgment be entered against defendant Monroe Powell in a suit over trademark rights to the name of The Platters, originally a top vocal group of the 1950s. Herb Reed Enterprises Inc. v. Monroe Powell's Platters LLC, 2:11-cv-02010. The litigation is one of a long line of cases over rights to the vocal group's name. In Herb Reed Enterprises, Federal Magistrate Nancy J. Koppe emphasized: “Mr. Powell continued to habitually disregard his discovery obligations and the orders of the Court.” Powell cited the health of his attorney Erik Fitting as a reason for his discovery response delays. But Magistrate Koppe noted “that contention is contradicted by Mr. Fitting's own prior statements. In an e-mail sent Jan. 23, 2013, Mr. Fitting lamented Defendants' failure to produce the requested discovery. He noted to opposing counsel that, 'unfortunately in this profession, you sometimes run into clients that prove to be less than forethcomming [sic].'”

Stan Soocher'is Editor-in-Chief of'Entertainment Law & Finance'and a'tenured Associate Professor of Music'& Entertainment Industry Studies'at the University of Colorado's'Denver Campus. He can be reached'at'[email protected]'or via'www.stansoocher.com.