IN RE COMPACT DISC MINIMUM ADVERTISED PRICE ANTITRUST LIT

Citation Codes

Equivalent Citations

citation codes

Docket Number

MDL Docket No. 1361 (This Document Applies to John A, Deep v. Recording Industry Ass'n of of America, Inc., et al., No. 2:05cv118).

Attorney(S)

JOHN A. DEEP, Pro Se, COHOES, NY, Attorney for Plaintiff. TERENCE J. DEVINE, DAVID F. KUNZ, ALBANY, NY, Attorneys for RECORDING INDUSTRY ASSOCIATION OF AMERICA, INC., ARISTA RECORDS, INC., ATLANTIC RECORDING CORPORATION, ATLANTIC RHINO VENTURES, INC. d/b/a RHINO ENTERTAINMENT COMPANY, BAD BOYS RECORDS, ARISTA GOOD GIRLS, INC., CAPITOL RECORDS, INC., ELEKTRA ENTERTAINMENT GROUP, INC., HOLLYWOOD RECORDS, INC., INTERSCOPE RECORDS, LAFACE RECORDS, INC., LONDON-SIRE RECORDS, INC., MOTOWN RECORD COMPANY, LP, RCA RECORDS LABEL, agent of BMG MUSIC, SONY MUSIC ENTERTAINMENT, INC., UMG RECORDINGS, INC., VIRGIN RECORDS AMERICA, INC., WALT DISNEY RECORDS, WARNER BROS RECORDS, INC., WEA INTERNATIONAL, INC., WEA LATINA, INC., ZOMBA RECORDING CORPORATION, METRO-GOLDWYN-MAYER STUDIOS INC., COLUMBIA PICTURES INDUSTRIES, INC., DISNEY ENTERPRISES, INC., NEW LINE CINEMA CORPORATION, PARAMOUNT PICTURES CORPORATION, TIME WARNER ENTERTAINMENT COMPANY, LP, TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS, INC., Defendants. ANDREW C. ROSE, NIXON, PEABODY LLP, ALBANY, NY, Attorney for TRANSWORLD ENTERTAINMENT CORPORATION Defendant. Francis E. Ackerman, Maine Assistant Attorney General, Augusta, ME, LIAISON COUNSEL FOR THE PLAINTIFF STATES. Linda Gargiulo, Assistant Attorney General, New York, NY. Lizabeth Leeds, Assistant Attorney General, Tallahassee, FL, LEAD COUNSEL FOR THE PLAINTIFF STATES. Alfred C. Frawley, III, Esq., Gregory P. Hansel, Esq., Preti, Flaherty, Beliveau Haley, LLC, Portland, ME, LIAISON COUNSEL FOR THE PRIVATE PLAINTIFFS. Joseph C. Kohn, Esq., Michael J. Boni, Esq., Kohn, Swift Graf, PC, Philadelphia, PA, LEAD COUNSEL FOR THE PRIVATE PLAINTIFFS. Michael Jaffe, Esq., Wolf Haldenstein Adler Freeman Herz, LLP, New York, NY, COUNSEL FOR THE TROWBRIDGE PLAINTIFFS. William J. Kayatta, Jr., Esq., Clifford H. Ruprecht, Esq., Pierce Atwood, Portland, ME, LIAISON COUNSEL FOR THE DISTRIBUTOR DEFENDANTS. Joseph H. Groff, III, Esq., Jensen, Baird, Gardner Henry, Portland, ME, LIAISON COUNSEL FOR THE RETAILER DEFENDANTS.

Judges

David Brock Hornby

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IN RE COMPACT DISC MINIMUM ADVERTISED PRICE ANTITRUST LITIGATION.

ORDER TO SHOW CAUSE

D. BROCK HORNBY, Chief Judge, District

The Judicial Panel on Multidistrict Litigation has transferred this case to this Court for consideration in connection with the music compact disc cases previously transferred.

One of the corporate disclosure statements filed by the defendants in the Northern District of New York reveals that one of the defendants, Universal City Studios, LLLP, is "wholly and indirectly owned by NBC Universal, Inc." In turn, "NBC Universal, Inc. is owned by General Electric Corporation, a publicly traded U.S. corporation, and Vivendi Universal, S.A., a publicly held French company."

I own stock in General Electric Corporation. Although Advisory Opinion 57 of the Judicial Conference Committee on Codes of Conduct states that I must disqualify myself if the subsidiary is wholly owned by a corporation in which I own stock, it appears that General Electric Corporation does not wholly own the relevant subsidiaries. The Compendium of Selected Opinions provides that "when a parent company does not own all or a majority of stock in the subsidiary, the judge should determine whether the parent has control of the subsidiary, necessitating recusal. The 10% disclosure requirement in Fed.R.App.P. 26.1 is a benchmark measure of parental control."

Accordingly, by July 25, 2005, the defendant Universal City Studios, LLLP shall file with the Court a statement whether General Electric Corporation owns 10% or more of NBC Universal, Inc., the parent of Universal City Studios, LLLP, so that I may determine whether recusal is required.

SO ORDERED.

IN RE COMPACT DISC MINIMUM ADVERTISED PRICE ANTITRUST LITIGATION.

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