Yellowcake, Inc. v. Morena Music, Inc. ( 2021 )

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 YELLOWCAKE, INC., CASE NO. 1:20-CV-0787 AWI BAM 6 Plaintiff ORDER TO FILE LETTER OF 7 v. INQUIRY 8 MORENA MUSIC, INC., and EDUARDO LEON dba Long Play Music, and DOES 1- 9 50 inclusive, 10 Defendants 11 _____________________________________ 12 MORENA MUSIC, INC, 13 Count-Plaintiff 14 v. 15 YELLOWCAKE, INC., COLONIZE MEDIA, INC., and JOSE DAVID 16 HERNANDEZ, 17 Counter-Defendants 18 19 This is a copyright dispute involving three copyrighted musical albums by the artist Los 20 Originales De San Juan. 21 On May 5, 2021, the Court issued an order that informed the parties that it was necessary 22 to send an inquiry letter to the Register of Copyrights, per Unicolors, Inc. v. H&M Hennes & 23 Mauritz, L.P., 959 F.3d 1194, 1197 (9th Cir. 2020). See Doc. No. 43. As part of the May 5, 2021 24 order, the Court explained that it would send a draft letter to the parties’ respective counsel. See 25 id. The order directed counsel to inform the Court and all other recipients within 5 days of receipt 26 whether any corrections or changes to the draft letter were desired. See id. The Court also 27 explained that the failure of a counsel to respond within five days would be construed as a 28 representation that the draft letter was acceptable “as is.” Id. 1 Within five days of sending the draft letter, the respective counsel for Yellowcake, Inc. and 2 |Morena Music, Inc. responded and informed the Court that the draft letter was acceptable without 3 |change. Counsel for Mr. Jose Hernandez and Colonize Media, Inc. did not respond. Therefore, 4 | per the instructions of the May 5 order, all counsel have expressly or constructively agreed that the 5 | draft letter is acceptable as is and without any changes. 6 In light of the agreement of all parties that the draft letter is acceptable, the letter was sent 7 |to the Register of Copyrights on May 18, 2021. For purposes of ensuring an accurate record, the 8 | Court will order the Clerk to file a copy of the letter that was sent to the Register of Copyrights on 9 docket. The Court will file the Register’s response on the docket once the response is received 10 reviewed by the Court. 11 12 ORDER 13 Accordingly, IT IS HEREBY ORDERED that the Clerk shall file as a separate document 14 |the May 18, 2021 letter sent to the Register of Copyrights on the docket and entitle the docket 15 | entry as: “Inquiry Letter to the United States Register of Copyrights, per Unicolors, Inc. v. H&M 16 | Hennes & Mauritz, L.P., 959 F.3d 1194 (9th Cir. 2020).” 17 18 IT IS SO ORDERED. 19 | Dated: _ May 19, 2021 — 7 Zz : Z Cb Led — SENIOR DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 45