BMI Is Ordered to Show Cause Why Its La. Defendants Shouldn’t Be Dismissed

U.S. District Judge Darrel Papillion for Eastern Louisiana in New Orleans directed BMI and its five music publisher co-plaintiffs to show cause in writing by May 29 why the defendants in their copyright infringement suit shouldn’t be dismissed for failure to prosecute, said Papillion’s signed order Monday (docket 2:23-cv-01561). BMI and the publishers allege that the Max Lounge in Metairie, Louisiana, and its owners, David Cook and Bridget Haydel, violated the Copyright Act by not buying a license for the public performance of musical compositions in the BMI repertoire (see 2305110052). The plaintiffs “represent” that service has been made upon the defendants, but the record “reflects that no responsive pleadings have been filed by said defendants,” said the judge’s order. If the plaintiffs fail to move for entry of default or show good cause in writing, the defendants “will be dismissed without prejudice for failure to prosecute without further notice” under Rule 16(f), it said.