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Beata Music LLC v. Danelli

Litigant's Nonparticipation Favors Dismissal of His Claims, Default Judgment Against Him

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ADDITIONAL CASES Dino Danelli and Eddie Brigati, Third-Party Plaintiffs v. Felix Cavaliere and Gene Cornish, Third-Party Defendants MEMORANDUM OPINION AND ORDER Beata Music LLC (“Beata Music”) brought this action for declaratory relief against the defendants, Dino Danelli, Eddie Brigati, and John Does 1-10, seeking clarification of trademark ownership and obligations under a settlement agreement. The trademark ownership concerns the rights of band members of The Rascals to perform live under the name “The Rascals.” Danelli and Brigati filed an answer to the complaint that included affirmative defenses. Danelli and Brigati also filed counterclaims against the plaintiff and third-party claims against third-party defendants Felix Cavaliere and Gene Cornish. Beginning in about November 2019, after filing the answer, counterclaims, and third-party claims, Danelli has failed to participate in this litigation. Danelli’s counsel withdrew from the case because they could not contact Danelli. The plaintiff and the third-party defendants move to dismiss Danelli’s counterclaims and third-party claims for failure to prosecute pursuant to Federal Rule of Civil Procedure 41. The plaintiff also moves for a default judgment against Danelli pursuant to Federal Rules of Civil Procedure 55, 16, and 37. As explained below, both motions are granted. I. Background The Rascals is a widely-recognized band that has been inducted into the Rock and Roll Hall of Fame and the Vocal Group Hall of Fame. Am. Compl. 8. The classic lineup of the band includes Felix Cavaliere, Gene Cornish, Eddie Brigati, and Dino Danelli, also known as Robert Daniels. Id.

6-7, 10-11. As a result of past litigation and settlement agreements, the rights of subsets of the founding members of the band to tour as “The Rascals” have been limited. See id.

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