Sirius XM Holdings Inc.'s has failed to show why summary judgment should not be entered in favor of former members of the 1960s band The Turtles as to liability in the $100 million class action copyright fight over pre-1972 recordings, a New York federal judge has ruled.

In a Jan. 15 order, U.S. District Judge Colleen McMahon continued to reject Sirius' request to reconsider her November decision that the company reproduced Turtles recordings without authorization by not obtaining licenses or paying royalties for using pre-1972 recordings.

In that Nov. 14, 2014 ruling, McMahon said she planned to enter summary judgment in favor of plaintiff Flo & Eddie Inc. and rule Sirius XM liable for infringement. Founding Turtles band members Howard Kaylan and Mark Volman are the principals in Flo & Eddie, which own the rights to The Turtles' songs that include the 1967 hit “Happy Together.”