Home > Uncategorized > Sirius Must Go To Trial with Flo & Eddie–“Baffling” Request to Appeal Denied in California

Sirius Must Go To Trial with Flo & Eddie–“Baffling” Request to Appeal Denied in California

November 20, 2014

Order Denying Sirius Certification

While the Court is largely unpersuaded and sometimes baffled by Sirius XM’s repetitive or off-point theories about how reasonable jurists might read an unwritten exclusion into §980(a)(2), the Court will not analyze the potential grounds for difference of opinion because certification of this Order suffers from an even more basic deficiency. At this stage in the litigation and under the operative scheduling order governing the case, certification of the Order for immediate appeal would delay rather than materially advance the termination of the litigation; therefore, the Court denies the motion.

This case is moving swiftly toward trial and a final resolution that will be appealable to the Ninth Circuit in the customary manner allowed by the Federal Rules of Civil Procedure. The Court has already ruled on liability as to Sirius XM’s wrongful conduct – publicly performing Flo & Eddie’s sound recordings without its permission.

Rut ro.

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