Marks

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 16 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID MARKS, an individual on behalf of No. 24-1756 himself and all others similarly situated, D.C. No. 2:21-cv-04043-MCS-JPR Plaintiff - Appellant,

v. MEMORANDUM*

UMG RECORDINGS, INC., a Delaware corporation; CAPITOL RECORDS, LLC,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Mark C. Scarsi, District Judge, Presiding

Submitted April 16, 2025**

Before: BYBEE and CHRISTEN, Circuit Judges, and FITZWATER, District Judge.***

David Marks appeals the district court’s order granting judgment on the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. pleadings in…