Opinion
Civil Action 3:20-cv-0920
09-24-2021
BRYAN D. JONES and JEFFERY G. JONES, Plaintiffs, v. GLAD MUSIC PUBLISHING & RECORDING LP d/b/a GLAD MUSIC CO. AND/OR GLAD MUSIC PUBLISHING et al., Defendants.
Ramona P. DeSalvo Attorneys for Plaintiffs Bryan D. Jones and Jeffery G. Jones Chris Vlahos Jenna L. Harris Ritholz Levy Fields, Attorneys for Defendants Glad Music and Pappy Daily Tracy J. Willi Willi Law Firm, P.C. Attorneys for Defendants Glad Music and Pappy Daily Patrick Newsom Attorney for Defendant Nancy Jones s/ Robb S. Harvey Robb S. Harvey Attorney for Defendant BMG Rights Management (US) LLC s/ Richard S. Busch Richard S. Busch, Attorney for Defendant Round Hill Music LP
Ramona P. DeSalvo Attorneys for Plaintiffs Bryan D. Jones and Jeffery G. Jones
Chris Vlahos Jenna L. Harris Ritholz Levy Fields, Attorneys for Defendants Glad Music and Pappy Daily
Tracy J. Willi Willi Law Firm, P.C. Attorneys for Defendants Glad Music and Pappy Daily
Patrick Newsom Attorney for Defendant Nancy Jones s/ Robb S. Harvey
Robb S. Harvey Attorney for Defendant BMG Rights Management (US) LLC s/ Richard S. Busch
Richard S. Busch, Attorney for Defendant Round Hill Music LP
AGREED ORDER EXTENDING TOLLING AGREEMENTS AND DEADLINE TO REOPEN ACTION AND TO DISMISS WITH PREJUDCE DEFENDANTS GLAD MUSIC PUBLISHING & RECORDING LP d/b/a GLAD MUSIC CO. AND/OR GLAD MUSIC PUBLISHING, NANCY JONES, BMG RIGHTS MANAGEMENT (US) LLC, AND ROUND HILL MUSIC LP
Aleta A. Trauger United States District Judge
Plaintiffs Bryan D. Jones and Jeffery G. Jones filed their complaint on October 26, 2020 naming as defendant, among others, Glad Music Publishing & Recording LP d/b/a Glad Music Co. and/or Glad Music Publishing, Nancy Jones, BMG Rights Management (US) LLC, and Round Hill Music LP (“Round Hill”). By agreed order, these parties have been granted extensions of time to negotiate and finalize a resolution of the issues between Plaintiffs and each of these Defendants with the most recent extension to September 24 2021. To that end, Plaintiffs and each of these Defendants entered into a separate written tolling agreements, and Plaintiffs and each of these Defendants filed Joint Motions for Entry of an Agreed Order of Dismissal Without Prejudice, subject to the action being reopened if the parties were unable to resolve all matters in dispute during the tolling period. Conditional orders of dismissal without prejudice were entered, providing that Plaintiffs or each of these Defendants, as applicable, may reopen the action against the other party no later than September 24, 2021 if the parties are unable to resolve the matters, and that if the parties did not reopen the action by that date, the dismissal of each of these Defendants would become, at that time, with prejudice. (Doc. 181, Order Glad/Pappy Daily; Doc. 177, Order Nancy Jones; Doc. 176 Order BMG; Doc. 172 Order Round Hill)
Plaintiffs and each of these Defendants have agreed to extend their respective tolling agreements through and including October 29, 2021, such that Plaintiffs' claims and each of these Defendants' respective defenses are preserved without requiring these parties to engage in further litigation or to utilize judicial resources in the interim. The parties respectfully move for an Order extending from September 24, 2021 to October 29, 2021 the deadline within which either Plaintiffs or any one of these Defendants may move to reopen the above-entitled action if they are unable to consummate a settlement and further extending from September 24, 2021 to October 29, 2021 the deadline that the dismissal of each of these Defendants will become with prejudice. Pursuant to agreement of these parties, and for good cause shown, these parties' joint motion for entry of this Agreed Order Extending Tolling Agreements and Deadline to Reopen the Action and to Dismiss with Prejudice each of these Defendants is GRANTED.
IT IS ORDERED that the respective written tolling agreements between Plaintiffs and each of the Defendants is extended by agreement from September 24, 2021 to October 29, 2021, the right of Plaintiffs or Defendants Glad Music Publishing & Recording LP d/b/a Glad Music Co. and/or Glad Music Publishing, Nancy Jones, BMG Rights Management (US) LLC, or Round Hill LP to reopen this action is extended from September 24, 2021 to October 29, 2021 if such parties are unable to consummate a settlement. If neither Plaintiffs nor one or more sets of Defendants move to reopen this action on or before October 29, 2021, the dismissal will become with prejudice as to the applicable Defendants at that time instead of on September 24, 2021, and shall constitute, at that time, the final judgment in this action, with each of the parties to bear their/its own attorneys' fees and costs, without further order or action of the Court. The Court shall retain jurisdiction over the settlement agreement.
APPROVED FOR ENTRY:
The filing party in this action affirms that all signatories have consented to the filing of this Agreed Order.