Joint Motion to Vacate the Final Judgment and to Dismiss This Action Without Prejudice

Date: 
Tuesday, September 5, 2000
Document Type: 
Motions and Memoranda - Miscellaneous
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
(White Plains)


UNITED STATES OF AMERICA,

         Plaintiff,

                  v.

AMERICAN SOCIETY OF COMPOSERS,   
AUTHORS AND PUBLISHERS      

         Defendant.


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Civ. Action No. 41-1395
(relates to former Civ. Action
No. 42-245) (WCC)

JOINT MOTION TO VACATE THE FINAL JUDGMENT
AND TO DISMISS THIS ACTION WITHOUT PREJUDICE

Pursuant to Section VI of the Final Judgment entered on March 14, 1950, as modified on November 14, 1997, the parties respectfully submit this motion to vacate the Final Judgment and to dismiss this action without prejudice. The Plaintiff's reasons for supporting the Motion are set forth in the Memorandum of the United States to be filed separately. ASCAP joins in this motion. As ASCAP has not reviewed the Memorandum of the United States, it cannot concur with that Memorandum.

The parties are simultaneously filing a motion in United States v. American Society of Composers, Authors and Publishers, Civ. Action No. 41-1395, that requests that the Court enter the proposed Second Amended Final Judgment, which replaces the Amended Final Judgment dated March 14, 1950, and all amendments and modifications thereto. The proposed Second Amended Final Judgment incorporates the substantive provisions of the Final Judgment in this action (the "Foreign Decree"). By its own terms, the Second Amended Final Judgment vacates the Final Judgment in this action and the Amended Final Judgment upon the effective date of the Second Amended Final Judgment.

Respectfully submitted,

_____________________
Mary Beth McGee (MBM 8841)
Robert P. Faulkner
Attorneys for the United States
Department of Justice
Antitrust Division
325 7th Street, N.W., Room 300
Washington, DC 20530
(202) 514-0385
_____________________
I. Fred Koenigsberg (IFK 3259)
White & Case LLP
1155 Avenue of the Americas
New York, NY 10036
(212) 819-8806

Richard H. Reimer, Esq. (RHR 7878)
ASCAP Building
One Lincoln Plaza
New York, NY 10023
(212) 621-6261

John H. Shenefield
Jonathan M. Rich (JMR 7796)
Phillip C. Zane
Morgan, Lewis & Bockius LLP
1800 M Street, N.W.
Washington, DC 20036
(202) 467-7433

Attorneys for American Society of
Composers, Authors and Publishers

Dated: September 1, 2000
Washington, DC

Attachments: 
Updated June 30, 2015