A federal magistrate has recommended that a lawsuit filed by the Radio Music License Committee against Irving Azoff and Randy Grimmett’s Global Music Rights be dismissed, concluding it was improperly filed in the state of Pennsylvania.

In her 11/29 report and recommendation, U.S. Magistrate Judge Lynne Sitarski of the Eastern District of Pennsylvania rejected each of the RMLC’s arguments for filing the antitrust suit in Pennsylvania—where neither org has offices or employees, where no repped songwriters or publishers live, and where no relevant business has taken place. Thus, Sitarski concluded that the RMLC suit was filed in Pennsylvania solely for tactical advantage.

Said Azoff, “The Magistrate’s recommendation is a vindication of what we have said all along: The RMLC had no business filing a lawsuit in Pennsylvania, a state that has nothing to do with this dispute. We look forward to Judge Jones’ review of the order and continuing our efforts to protect the rights of songwriters to be paid fairly by the $18 billion commercial radio industry.”