Case 1:18-cv-25474-RAR Document 262 Entered on FLSD Docket 06/21/2021 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 18-CIV-25474-RAR
SHERMAN NEALY, et al.,
- Plaintiffs,
v.
ATLANTIC RECORDING CORP., et al.,
- Defendants.
_________________________________/
CERTIFICATION ORDER PURSUANT TO
28 U.S.C. § 1292(b) AND FED. R. CIV. P. 54(b)
THIS CAUSE comes before the Court upon the parties’ ore tenus Motion for Certification of Appeal (“Motion”) made at the Status Conference on June 8, 2021. Having considered the Motion and being otherwise fully advised, it is hereby
ORDERED AND ADJUDGED that the Motion is GRANTED as set forth herein.
Certification Pursuant to 28 U.S.C. § 1292(b)
Pursuant to 28 U.S.C. section 1292(b), an interlocutory appeal may be certified when three elements are present: (1) where the case presents a controlling question of law; (2) where there is a substantial ground for difference of opinion; and (3) where the appeal will materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292(b). A “controlling question of law” arises where the appellate court can rule on a question of law without having to search deep into the record to discern the facts of the underlying case. See Allapattah Servs., Inc. v. Exxon Corp., 333 F.3d 1248, 1252–53 (11th Cir. 2003).
The Court hereby certifies for immediate appeal its summary judgment determination that, even where the discovery rule dictates the accrual of a copyright claim, damages in this copyright
