On Friday January 5, 2018, attorneys for Spotify made a chilling request of Judge Alison Nathan in the Ferrick vs. Spotify lawsuit intended to limit WIXEN MUSIC PUBLISHING, INC. clients who opted out of that suit from having free and unrestricted communications with Wixen and Donahue Fitzgerald LLP, the attorneys representing them in the Ferrick vs. Spotify and Wixen vs. Spotify lawsuits.
WIXEN MUSIC PUBLISHING, INC. founder Randall Wixen responded by saying “This request is totally outrageous. Our clients look to ourselves and their attorneys as trusted advisors. To prevent us and their attorneys from having unmonitored discussions with our clients without Spotify and Court supervision prevents any discourse that would normally be privileged communications. This is clearly an attempt to prevent our clients from getting our frank input and having questions answered without the threat of Spotify reviewing and having input into those discussions. We are hopeful that Judge Nathan will reject this request outright.”
The actual wording of the proposal regarding the extended opt-out proposal being proposed is as follows:
“….the Court should preclude Wixen Music (and/or its counsel) from ex parte communications with recipients of the supplemental notice regarding the supplemental notice. To the extent that recipients have questions about the supplemental notice or the extended opt-out process, they may communicate those questions to [Settlement Administrator] GCG, which will inform the parties and counsel for Wixen Music of those questions. Wixen Music (and/or its counsel) and the parties shall also be required to forward any questions submitted directly to any of them by recipients of the supplemental notice to GCG. Wixen Music and the parties will be required to meet and confer regarding the questions and prepare an agreed-upon response to be transmitted by GCG. If Wixen Music and the parties cannot agree upon a response within two business days, they will provide a joint status report to the Court for prompt resolution.”