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Warner Brothers Records, Inc v. Third Power Enterprises

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


February 21, 2013

WARNER BROTHERS RECORDS, INC., PLAINTIFF,
v.
THIRD POWER ENTERPRISES, INC.,
COLD CHILLIN' RECORDS AND VIDEO, INC.,
TYRONE WILLIAMS, AND JOHN DOES 1-60, DEFENDANTS.

The opinion of the court was delivered by: Cedarbaum, J.

MEMORANDUM OPINION AND ORDER

Cold Chillin' Records and Video, Inc., and Third Power Enterprises, Inc. move under Fed R. Civ. P. 55(c) and 60 to vacate a default judgment entered against them more than six years ago in April of 2006. At oral argument on October 18, 2012, I gave defendants leave to submit evidence that Reprise Records was a separate corporation rather than a department or label of Warner Brothers Records, Inc. Defendants have been unable to submit such evidence. Defendants have therefore failed to carry their burden to show that Reprise Records is an indispensable party to this action. Accordingly, defendants' extremely untimely motion to vacate the default judgment entered on April 4, 2006 is denied.

SO ORDERED.

MIRIAM GOLDMAN CEDARBAUM United States District Judge

20130221

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