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Drive-In Music Company, Inc. v. CBS Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 2, 2010

DRIVE-IN MUSIC COMPANY, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CBS CORPORATION, A DELAWARE CORPORATION; CBS BROADCASTING, INC., A NEW YORK CORPORATION; KIA MOTORS AMERICA, INC., A CALIFORNIA CORPORATION; DAVID & GOLIATH, LLC, A DELAWARE LIMITED LIABILITY COMPANY; NFL ENTERPRISES, LLC, A DELAWARE LIMITED LIABILITY COMPANY; NINJA TUNE RECORDS, AN ENTITY UNKNOWN; COUNTER RECORDS, AN ENTITY UNKNOWN; JUST ISN'T MUSIC, AN ENTITY UNKNOWN; KELVIN SWABY, AN INDIVIDUAL; DANIEL TAYLOR, AN INDIVIDUAL; SPENCER PAGE, AN INDIVIDUAL; CHRIS ELLUL, AN INDIVIDUAL, DEFENDANTS.

ORDER OF DISMISSAL

The parties who have appeared in this action: (1) Plaintiff Drive-In Music Co., Inc., ("DRIVE-IN"); and Defendants:

(2) Ninja Tune Music, Ltd., ("NINJA"); (3) Just Isn't Music, Ltd., ("JIM"); (3) CBS Corporation, a Delaware corporation; (4) CBS Broadcasting, Inc., a New York corporation; (5) Kia Motors America, Inc., a California corporation; (6) David & Goliath, LLC, a Delaware limited liability company; (7) NFL Enterprises, LLC, a Delaware limited liability company, by and through their respective counsel, have apprised the Court by stipulation, that the claims alleged in DRIVE-IN's complaint have been resolved and that certain of the parties have entered into a settlement agreement.

Other than the limited retention of jurisdiction by the Court for purposes to interpret and enforce the Settlement Agreement as to three parties only, the Court dismisses the Drive-In Complaint with prejudice, and finds that each of the parties, plaintiff and defendants, are to bear their own costs and attorneys fees.

20100602

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