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Tuesday, July 12, 2016

Co-Lead Counsel Susman Godfrey L.L.P. and Gradstein & Marzano, P.C. Notify Class Members of Rights in Pending Class Action Regarding Pre-1972 Sound Recordings

Co-Lead Counsel Susman Godfrey L.L.P. and Gradstein & Marzano, P.C. Notify Class Members of Rights in Pending Class Action Regarding Pre-1972 Sound Recordings

LOS ANGELES, July 12, 2016 /PRNewswire-HISPANIC PR WIRE/ -- The following statement is being issued by Susman Godfrey L.L.P. and Gradstein & Marzano, P.C. regarding the Lawsuit between Flo & Eddie, Inc. and Sirius XM Radio, Inc..

If You Are Owners Of Sound Recordings Fixed Prior To February 15, 1972 Which Have Been Performed, Distributed, Reproduced, Or Otherwise Exploited By Sirius XM In California Without A License Or Authorization From August 21, 2009 To August 24, 2016, A Class Action May Affect Your Rights.

What is this case about?

On August 1, 2013, Plaintiff Flo & Eddie, Inc. ("Flo & Eddie") filed a lawsuit against Defendant Sirius XM Radio, Inc. on behalf of itself and a putative class of owners of sound recordings fixed prior to February 15, 1972 ("pre-1972 recordings"), alleging that Sirius XM, without a license or authorization, was performing, distributing, and reproducing, those pre-1972 recordings in California as part of its satellite and internet radio services (the "Lawsuit"). The lawsuit is known as Flo & Eddie, Inc. v. Sirius XM Radio, Inc., Case No. CV13-05693, and is pending in the U.S. District Court for the Central District of California. Trial is set for November 2016.

Am I in the Class?

You qualify as a member of the Class if you are an owner of pre-1972 recordings which have been performed, distributed, reproduced, or otherwise exploited by Sirius XM in California without a license or authorization to do so from August 21, 2009 to August 24, 2016. As a class member, your legal rights are affected, and you have a choice to make.

Has the Court made any determinations in this Lawsuit?

The Court has already found Sirius XM liable for its public performance of pre-1972 recordings in California in favor of Flo & Eddie. Sirius XM continues to assert the availability of certain defenses and the unavailability of certain damages theories.

What are my Options?

You have to decide now whether to stay in the Class or ask to be excluded.

-- If you do nothing, you are staying in the Class. As a member of the
Class, you will keep the possibility of getting money or benefits that
may come from a trial or a settlement. But, you will give up any rights
to sue Sirius XM separately over the legal claims asserted in this
Lawsuit. You will be legally bound by the judgment in this Lawsuit,
whether favorable or not.
-- If you ask to be excluded, and money or benefits are later awarded to
the Class as a result of this Lawsuit, you won't share in those. But,
you keep any rights to sue Sirius XM separately about the same legal
claims in this Lawsuit. If you retain an individual attorney, you may
need to pay for that attorney. To exclude yourself from the Class, you
must send a written request that includes an Exclusion Request Form that
is received no later than August 30, 2016. For more information on how
to exclude yourself, and to obtain the Exclusion Request Form, visit
Where can I get Additional Information?

This is only a summary. For more information about the Lawsuit, visit


SOURCE Gradstein & Marzano, P.C.

Gradstein & Marzano, P.C.

CONTACT: Steve Morrissey, Susman Godfrey L.L.P., (206) 516-3880; Maryann Marzano, Gradstein & Marzano, P.C., (323) 776-3100

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