Record Labels Oppose Cox’s Motion for Mandate Stay Pending Its SCOTUS Cert Petition

The four dozen record labels and music publishers in the contributory copyright infringement appeal brought by Cox Communications agree with Cox that a stay of the mandate pending the 4th U.S. Circuit Appeals Court’s resolution of Cox’s Rule 60(b) appeal (see 2403260027) is “appropriate,” said their response Friday (docket 21-1168). But the labels and publishers oppose the stay pending resolution of Cox’s cert petition to the U.S. Supreme Court, it said. Cox’s Rule 60(b) appeal lacks merit “and will be disposed of in due course,” but the labels and publishers “nevertheless agree that judicial economy would be best served” by the 4th Circuit “resolving all of Cox’s challenges to the underlying trial and then remanding for a retrial on damages,” it said. The labels and publishers oppose Cox’s separate request for a stay pending cert because such a a stay is warranted only where the petition will present a substantial question and that there’s good cause for a stay, it said. Cox’s good cause arguments are “overblown,” and the labels and publishers don’t concede “that such cause exists to stay the mandate pending the resolution of Cox’s cert petition,” it said. In light of Cox’s failure to identify any substantial question for Supreme Court review, a stay pending the resolution of Cox’s cert petition is “inappropriate,” it said.