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Flo & Eddie, Inc. v. Pandora Media, Inc.

United States Court of Appeals, Ninth Circuit

March 15, 2017

Flo & Eddie, Inc., a California corporation, individually and on behalf of all others similarly situated, Plaintiff-Appellee,
v.
Pandora Media, Inc., a Delaware corporation, Defendant-Appellant.

         D.C. No. 2:14-cv-07648-PSG-RZ

          For Plaintiff-Appellee Flo & Eddie: Henry Gradstein, Maryann R. Marzano, Harvey Geller, Daniel B. Lifschitz, Gradstein & Marzano, P.C.

          For Defendant-Appellant Pandora Media: James K. Lynch, Andrew M. Gass, Latham & Watkins LLP, Gregory G. Garre, Jonathan Y. Ellis, Latham & Watkins LLP.

          Before: Stephen Reinhardt and Richard A. Paez, Circuit Judges, and Paul L. Friedman, [*] District Judge.

         ORDER REQUESTING CERTIFICATION TO THE CALIFORNIA SUPREME COURT

          SUMMARY [**]

         Certification to California Supreme Court

         The panel certified the following questions of state law to the California Supreme Court:

1. Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 possess an exclusive right of public performance?
2. If not, does California's common law of property or tort otherwise grant copyright owners of pre-1972 sound recordings an exclusive right of public performance?

          ORDER

         We certify the questions set forth in Part II of this order to the California Supreme Court. All further proceedings in this case are stayed pending final action by the California Supreme Court, and this case is withdrawn from submission until further order of this court.

         I. Administrative Information

         We provide the following information in accordance with Rule 8.548(b)(1) of the California Rules of Court.

The caption of this case is:
No. 15-55287
Flo & Eddie, Inc.,
Plaintiff and Appellee, v.
Pandora Media, Inc.,
Defendant and Appellant.

         II. Certified Questions

         Pursuant to Rule 8.548(b)(2) of the California Rules of Court, we respectfully request the Supreme Court of California to decide the certified questions presented below. There is no controlling precedent regarding the certified questions, the answers to which will determine the outcome of this appeal, dispose of Flo & Eddie's underlying claims, and resolve an important area of California state law. The questions certified are as follows:

         1. Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 ...


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