Opinion
21-56055
08-24-2022
G AND G CLOSED CIRCUIT EVENTS, LLC, Plaintiff-Appellant, v. MICHAEL RETO, DBA The Lab, individually, Defendant-Appellee.
NOT FOR PUBLICATION
Submitted May 10, 2022 Pasadena, California
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the Central District of California William D. Keller, District Judge, Presiding D.C. No. 2:19-cv-07915-WDK-JC
Before: McKEOWN and IKUTA, Circuit Judges, and DANIELS, District Judge.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
MEMORANDUM
G and G Closed Circuit Events, LLC, appeals the district court's order granting summary judgment on its 47 U.S.C. §§ 553 and 605 claims and declining to exercise supplemental jurisdiction over its state law claims. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
This is one of three appeals brought by G and G that implicate the application of 47 U.S.C. §§ 553 and 605 to commercial programs that are broadcast over the internet. All three appeals raise identical issues, the substance of which we addressed in our opinion in G and G Closed Circuit Events, LLC v. Liu, No. 21-56047, __ F.4th __(9th Cir. 2022). For the reasons explained in our opinion, we affirm the district court's order.
In this case, as in Liu, the district court granted G and G ample opportunity to conduct discovery on the method by which the commercial program was broadcast. And here, as in Liu, G and G declined to take advantage of this opportunity and instead relied on conclusory statements regarding the method of transmission. It was G and G's burden at summary judgment to come forward with evidence establishing a genuine dispute of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). Because G and G failed to carry this burden, summary judgment was appropriate.
AFFIRMED.
The Honorable George B. Daniels, United States District Judge for the Southern District of New York, sitting by designation.