Page:Nealy v. Atlantic Recording (Certification Order).pdf/1



SHERMAN NEALY, et al.,


 * Plaintiffs,

v.

ATLANTIC RECORDING CORP., et al.,


 * Defendants.

_________________________________/

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.



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