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BRIDGEPORT MUSIC, INC., et al. v. 11C MUSIC, et al.

ORDER

Todd J. Campball, United States District Judge

For the reasons set forth above in the accompanying Mornorandum, Defendants' Motions to Dismiss (Docket Nos. 163 and 165) are GRANTED in part and DENIED in part. This Court concludes that Plaintiffs have standing to assert violations of the Tennessee Consumer Protection Ad (Count 481). Plaintiffs' claim for negligent failure to investigate suspicious submissions (Count 482) is dismissed as preempted by the Copyright Act, 17 U.S.C. § 301.

The instant ruling shall apply to Plaintiffs' negligence and TCPA claims arising from the same set of allegations in any case or cases severed in accordance with the related Order (Docket No. 374) entered on August 1, 2001.

The Clerk is directed to serve this Order on all parties who have entered an appearance and as directed in the Order (Docket No. 2) entered on May 8, 2001. Plaintiffs shall serve this Order on all Defendants pursuant to the Order (Docket No. 2) of May 8, 2001. The Clerk shall also post this Order on the Court's website (http://www.tnmd.uscourts.gov/).

IT IS SO ORDERED.

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BRIDGEPORT MUSIC, INC. v. 11C MUSIC, (M.D.Tenn. 2001)
(Sep 2, 2001)