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Jordan v. Star Trak Ent.

February 8, 2010

THOMAS CALLAHAN JORDAN D/B/A NUDO MUSIC, PLAINTIFF,
v.
STAR TRAK ENT., INC., A VIRGINIA CORPORATION; UNIVERSAL MUSIC GROUP, INC., A DELAWARE CORPORATION; PHARRELL L. WILLIAMS, AN INDIVIDUAL; GENE ELLIOT THORTON JR., AN INDIVIDUAL; TERRENCE LE VARR THORNTON, AN INDIVIDUAL, AND DOES 1 THROUGH 5, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

After consideration of the papers and arguments in support of and in opposition to Defendant Universal Music Group, Inc.'s ("UMGI") Motion for Summary Judgment, this Court makes the following findings of fact and conclusions of law:

UNCONTROVERTED FACTS

1. Defendant UMGI is a holding company with no operations. [Decl. Ostroff at ¶ 3]

2. Defendant UMGI does not create, develop, perform, market, sell, distribute, or exploit recorded music or musical compositions. [Decl. Ostroff at ¶ 4]

3. Defendant UMGI did not have any direct involvement in the creation, manufacturing, reproduction, distribution, or otherwise exploitation of "All I Wanna Do (Feel Like Me)" (the "Allegedly Infringing Sound Recording"). [Decl. Ostroff at ¶ 4-6]

4. No affiliates or subsidiaries of Defendant UMGI had any involvement in the creation, manufacturing, reproduction, distribution, or otherwise exploitation of the Allegedly Infringing Sound Recording. [Decl. Kies at ¶ 3]

5. Neither Defendant UMGI nor any of its affiliates or subsidiaries has ever owned or possessed any ownership interest in the Allegedly Infringing Sound Recording. [Decl. of Ostroff ¶ 5; Decl of Kies ¶ 4]

6. Neither Defendant UMGI nor any of its affiliates or subsidiaries has ever derived any financial benefit from the Allegedly Infringing Sound Recording. [Decl. of Ostroff ¶ 6; Decl. of Kies ¶ 5]

7. Star Trak Entertainment, Inc., is not a subsidiary of Defendant UMGI. [Decl. of Ostroff ¶ 7]

8. Defendant UMGI does not, nor has ever had, a corporate relationship with Star Trak Ent., Inc. [Decl. of Ostroff ¶ 8]

9. Universal Music Group Recordings, Inc. ("UMGR") is an indirect subsidiary of Defendant UMGI. [Decl. of Ostroff ¶ 9]

10. Interscope Records is a division of UMGR. [Decl. of Hoffman ¶ 1]

11. Interscope Records has a business relationship with Star Trak Ent., LLC. ...


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