Sunday Cleanup: Settlement Conferences Being Ordered, In "Electric Avenue" Copyright / Original Music Theft Case, In Manhattan...

Well. . . Condor now opines. . . that Team Tangerine should go get out. . . its seven figure checkbook, from the drawer or safe, at Mar-A-Lago. [Backgrounder, of mine -- here.]

Given that there are essentially no disputed facts, here -- the able USDC Judge in Manhattan has ordered that it be referred to a Magistrate for settlement. Essentially, the only open question is how much must Tangerine pay. [It is still possible that it will not settle, but if T. goes to trial and loses, now -- the damages are likely to be tripled, for wilfulness. So there's that.] Here's the Thursday evening order, in full:

. . .ORDER: By Order of Reference dated November 4, 2021 (Dkt. No. 56), Judge Koeltl referred this case to me for settlement.

The parties are directed to advise the Court within 30 days when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at ******.gov to find a mutually convenient date for the parties and the Court.

In light of the COVID-19 pandemic, any settlement conference in the foreseeable future will likely be conducted telephonically. Using the Courts conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using can facilitate breakout sessions with each side. However, if all parties wish to have the Court provide a video platform (Microsoft Teams or Zoom) and not simply proceed telephonically, they may so advise the Court and the Court will then schedule a conference to discuss logistics.

Alternatively, if all parties wish to proceed in person, they may write to the Court requesting an in-person conference. An in-person conference would be permitted only if all participants in the conference (attorneys, clients, and any interpreters) comply with the Courts most recent COVID-19 Protocol (available at https://www.nysd.uscourts.gov/covid-19-coronavirus).

For avoidance of doubt, all parties must agree to proceeding by video conference or an in-person conference and make a joint application for the method that is preferred.

SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/4/2021). . . .

Now you know -- just as we suggested. Baby-T is going to be shown to be. . . a thief, again (though the actual settlement amount will likely be. . . confidential, if a settlement is reached). Onward, and out into a Sunday morning bike ride, warm and sunny -- by the lake. . . Fall leaves still swirling -- out on the open prairie. . . smile. . . .

नमस्ते