Susan ACKOFF-ORTEGA, Cele Ackoff and Jon Ackoff, Plaintiffs-Appellants, Richard ROSENBLATT, Defendant-Appellant, v. WINDSWEPT PACIFIC ENTERTAINMENT CO. and EMI Virgin Music, Inc., Defendants-Appellees.

Nos. 01-7034 (L), 01-7052 (CON).United States Court of Appeals, Second Circuit.
September 26, 2002. This case was not selected for publication in the Federal Reporter

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from a judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge).

Frederick F. Greenman, Jr., New York, NY, for plaintiffs-appellants.

Page 664

Howard Gotbetter, New York, NY, for defendant-appellant.

Scott L. Baker, Silverman Shulman Baker P.C., New York, NY, for appellee.

Present McLAUGHLIN, CABRANES, Circuit Judges and LYNCH, District Judge.[*]

[*] The Honorable Gerard E. Lynch, of the United States District Court for the Southern District of New York, sitting by designation.

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, ANDDECREED that the judgment of said District Court be and hereby isAFFIRMED.

Plaintiffs-appellants Susan Ackoff Ortega, Cele Ackoff, and Jon Ackoff and defendant-appellant Richard Rosenblatt, timely appeal from the District Court’s Opinion and Order entered October 12, 2000, and the Judgment entered October 16, 2000, which granted defendants-appellees’ motion for judgment on the pleadings with prejudice and summary judgment; and the Memorandum Order, entered December 13, 2000, granting reconsideration, and substantially adhering to the District Court’s prior ruling.

We affirm the judgment of the District Court substantially for the reasons stated by the Court in its Orders, se Ackoff-Ortega, et al. v. Windswept Pacific Entertainment Co., et al., 130 F.Supp.2d 440 (S.D.N.Y. 2000) (granting reconsideration and adhering to prior ruling) Ackoff-Ortega, et al. v. Windswept Pacific Entertainment Co., et al., 120 F.Supp.2d 273 (S.D.N.Y. 2000) (original ruling).

Page 530