Valley Entertainment, Inc. v. Friesen, No. 08 C 3470, Slip Op. (N.D. Ill. Feb. 17, 2010) (Der-Yeghiayan, J.).
Judge Der-Yeghiayan granted defendants summary judgment of noninfringement regarding plaintiff Valley Entertainment’s ("Valley") copyright infringement claim regarding certain songs by the artist Raphael. The Court also granted defendants’ motion to strike Valley’s newly identified copyright, SR 107-850. Finally, the Court declined to exercise supplemental jurisdiction over Valley’s remaining state law claims. Valley’s asserted copyright covered only words and arrangement of sheet music, but defendants’ alleged infringement was based upon the use of sound recordings of the songs at issue. Valley did not challenge this analysis, instead identifying a new copyright, SR 107-850, that covers sound recordings. But the Court struck that copyright because it was not identified until briefing of the summary judgment motion. The copyright was not identified in Valley’s complaint or in any of Valley’s numerous discovery responses as a basis for Valley’s copyright infringement claims. The Court noted that Valley was no longer free to update its discovery pursuant to Fed. R. Civ. P. 26(a) because the update would no longer be timely.
Having resolved Valley’s federal claims, the Court declined to exercise supplemental jurisdiction over Valley’s related state law claims.