Judge In Turtles-SiriusXM Case Declines Motion For Him To Hear ABS Suits Vs. CBS, Cumulus, iHeartRadio
August 24, 2015 at 4:00 AM (PT)
U.S. District Judge PHILIP S. GUTIERREZ, the CALIFORNIA federal judge who ruled in favor of THE TURTLES/FLO & EDDIE in their pre-1972 royalties case against SIRIUSXM, has declined an attempt by plaintiff ABS ENTERTAINMENT, INC. to transfer its similar cases against CBS, CUMULUS, and iHEARTMEDIA to his court.
The action has been assigned to Judge PERCY ANDERSON.
In his explanation of his declining the transfer, GUTIERREZ wrote, "The only issue of fact or law truly common to these cases is that the plaintiff... asserts copyright infringement under the same statute that was at issue in the FLO & EDDIE case. The Court declines to accept transfer... because, on that reasoning, this Court would interpret every Cal. Civ. Code sec. 980(a)(2) infringement case filed in the Central District of CALIFORNIA. Lawsuits that are related because they assert violations of the same statute are not sufficiently related to justify transfer."