Opinion
S240649
01-23-2019
FLO & EDDIE, INC. v. PANDORA MEDIA, INC.
Supplemental briefing ordered
The parties are directed to serve and file supplemental briefs addressing the following questions:
1. What effect, if any, does the enactment of United States Public Law No. 115 264, the “Orrin G. Hatch-Bob Goodlatte Music Modernization Act” (the MMA), have on this case?
2. In light of the MMA's provision preempting certain state claims for past acts (17 U.S.C § 1401(e)), does it remain true that our decision on questions of California law could determine the outcome of the underlying federal litigation? (See Cal. Rules of Court, rule 8.548(a)(1).)
3. If plaintiff's claims under California law are not currently preempted under 17 United States Code section 1401(e), should this court hold the case in abeyance pending the conclusion of any discussions about whether to make statutory royalty payments under 17 United States Code section 1401(e)(1)(B)(i), within the time period prescribed in that provision, or agreed payments under 17 United States Code section 1401(e)(1)(B)(ii)?
Supplemental briefs addressing the above questions must be served and filed on or before February 22, 2019. Any reply briefs must be served and filed on or before March 14, 2019.