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Zagorsky-Beaudoin v. Rhino Entertainment Co.

United States District Court, D. Arizona

November 12, 2019

Larissa Zagorsky-Beaudoin, Plaintiff,
v.
Rhino Entertainment Company, et al., Defendants.

          ORDER

          James A. Teilborg, Senior United States District Judge.

         Pending before the Court is Larissa Zagorsky-Beaudoin's (“Plaintiff”) Motion to Vacate the judgment entered on September 9, 2019 (Docs. 193; 194). (Doc. 195). The Court now rules on the Motion.[1]

         I. BACKGROUND

         The Court dismissed Plaintiff's Complaint in its entirety on September 9, 2019. (Docs. 193; 194). The Court dismissed the claims against Defendants Warner Music Inc., Rhino Entertainment Company, Atlantic Recording Corporation, Amazon.com, Inc., Microsoft Corporation, Pam Lueneburg, Kris Ahrend, Music Reports, Inc., W.B. Colitre, Brian Oppenheimer, Apple Inc., Myspace Music LLC, Pandora Media, LLC, and eMusic.com, Inc. for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). (Docs. 193; 194). The Court dismissed the claims against Defendant eBay Inc. (“eBay”) with prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). (Docs. 193; 194).

         The gist of Plaintiff's Complaint is that Defendants committed copyright infringement of a work she alleges she owns a copyright to. (See Doc. 1). Plaintiff further alleges that she granted a mechanical license to manufacture and distribute copies of the copyrighted work, which was embedded within a box set of CDs, in 2009. (Id. at 6-7). Plaintiff asserts the license terminated in 2015. (See Id. at 26-27). Plaintiff contends that, because the box set of CDs appeared on Defendant eBay's site after the license terminated in 2015, she has a claim against Defendant eBay for copyright infringement. (See Id. at 28).

         Plaintiff timely filed this Motion to Vacate (Doc. 195) on October 8, 2019.

         Defendant Pandora Media, LLC (“Pandora”) responded in opposition to the Motion on October 22, 2019. (Doc. 197).

         Defendant eBay responded in opposition to the Motion on October 22, 2019. (Doc. 198).

         Defendants Warner Music Inc., Rhino Entertainment Company, Atlantic Recording Corporation, Amazon.com, Inc., Microsoft Corporation, Pam Lueneburg, and Kris Ahrend (collectively, “Warner Defendants”) responded in opposition to the Motion on October 22, 2019. (Doc. 199).

         Defendant Apple Inc. joined Warner Defendants' Response on October 22, 2019. (Doc. 200).

         Defendant Myspace Music LLC responded and joined in the responses filed by Defendant Pandora, Defendant eBay, and Warner Defendants on October 22, 2019. (Doc. 201).

         Defendants Music Reports, Inc., W.B. Colitre, and Brian Oppenheimer joined the responses filed by Defendant Pandora and Warner Defendants on October 22, 2019. (Doc. 202).

         Plaintiff replied on November 8, 2019, (Doc. 203), ten days after the Reply was due. See LRCiv 7.2(d).[2]

         II. LEGAL STANDARD

         Federal Rule of Civil Procedure 60 provides the framework for granting relief from a judgment. Rule 60(b) states:

         On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, ...


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