Gaffney v. Muhammad Ali Enterprises LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK we ee ee ee eX MICHAEL GAFFNEY, : Plaintiff, ~against- : ORDER MUHAMMAD ALI ENTERPRISES LLC; 18 Civ, 8770 (GBD) (OT W) AUTHENTIC BRANDS GROUP LLC; ROOTS — : 20 Civ. 7113 (GBD) (OTW) INC., d/b/a ROOTS OF FIGHT; and DOES 1- Defendants. we ee eK GEORGE B. DANIELS, United States District Judge: On February 27, 2024, this Court granted Defendants’ Motion in Limine No. 1 (ECF No, 2114), precluding Plaintiff from offering evidence or argument about alleged damages incurred more than three years before Plaintiff filed the relevant claims, without prejudice to restoring such claims if the Supreme Court were to reverse the Second Circuit’s decision in Sohm v. Scholastic Inc., 959 F.3d 39 (2d Cir. 2020). (ECF No. 277.)

On May 9, 2024, the Supreme Court indeed abrogated Sohm in Warner Chappell Music, Inc, vy. Nealy, 1448, Ct. 1135 (2024). In the wake of the Warner Chappell decision, Plaintiff now moves, unopposed, for reconsideration of this Court’s decision on Defendants’ Motion in Limine No. 1. (ECF No. 284.) Plaintiffs’ motion for reconsideration is GRANTED, and Defendants’ Motion in Limine No. 1. is DENIED. See Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd, 956 F.2d 1245, 1255 (2d Cir. 1992) (citing “an intervening change of controlling law” as a “major ground{] justifying reconsideration” (internal citation omitted)). annless otherwise indicated, all ECF citations included herein refer to documents filed on the | 8-cv-8770 ocket.

The Clerk of Court is directed to close the motions at ECF No. 284 in 18-cv-8770 and at ECF No. 165 in 20-cv-7113.

Dated: New York, New York SO ORDERED.

May 23, 2024 hbAe 9 B Darel.

GEORGE #8) DANIELS United Statés District Judge