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KERNEL RECORDS OY v. MOSLEY

No. 11-12769.

694 F.3d 1294 (2012)

KERNEL RECORDS OY, Plaintiff-Appellant, v. Timothy MOSLEY, f.k.a. Timbaland, UMG Recordings, Inc., Interscope-Geffen-A&M, d.b.a. Interscope, d.b.a. Geffen, Mosley Music Group, LLC, Universal Music Distribution, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 14, 2012.

Attorney(s) appearing for the Case

Richard Busch , Thomas J. Motzny , King & Ballow, Nashville, TN, Bruce A. Christensen , Ethan J. Wall , Richman Greer, PA, Miami, FL, for Plaintiff-Appellant.

Jonathan L. Gaines , Karen L. Stetson , GrayRobinson, PA, Miami, FL, Jeffrey D. Goldman , Jeffer, Mangels, Butler & Mitchell LLP, Los Angeles, FL, William L. Charron , Pryor Cashman, LLP, New York, NY, for Defendants-Appellees.

Before MARCUS and BLACK, Circuit Judges, and HODGES, District Judge.

BLACK, Circuit Judge:

Appellant Kernel Records Oy (Kernel) appeals the district court's1 order granting Defendants' motion for summary judgment, and denying as moot Kernel's motion for summary judgment. We conclude the district court erred by granting Appellee Timothy Mosley's motion for summary judgment. However, because Kernel failed to produce substantially probative evidence that it complied with statutory prerequisites prior to filing...

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