In a June 21, 2013 ruling, Judge Richard Sullivan denied defendant Redigi Inc.'s motion to certify an interlocutory appeal of Judge Sullivan's grant of partial summary judgment on plaintiff Capitol Records LLC's copyright claim. After first noting that Redigi's three month delay in filing the motion weighs against the request, the Court found that the issue Redigi intended to appeal -- whether Redigi violated Capitol's exclusive right of reproduction and distribution -- was no a "'controlling' question of law," nor "a matter of pure law." In denying the motion, Judge Sullivan also found that the intended appellate issue was not "an ephemeral matter" needing immediate review, and noted that the issue "will not escape review at the conclusion of this litigation."for the Southern District of New York
Interlocutory Appeal Denied in Copyright Action
In a June 21, 2013 ruling, Judge Richard Sullivan denied defendant Redigi Inc.'s motion to certify an interlocutory appeal of Judge Sullivan's grant of partial summary judgment on plaintiff Capitol Records LLC's copyright claim. After first noting that Redigi's three month delay in filing the motion weighs against the request, the Court found that the issue Redigi intended to appeal -- whether Redigi violated Capitol's exclusive right of reproduction and distribution -- was no a "'controlling' question of law," nor "a matter of pure law." In denying the motion, Judge Sullivan also found that the intended appellate issue was not "an ephemeral matter" needing immediate review, and noted that the issue "will not escape review at the conclusion of this litigation."
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