[T]he parties have concluded that a settlement of the present case is not possible. Any further settlement efforts would be futile, wasting the time and resources of the parties and the Special Master.According to the motion, the parties tried to settle, both on their own and with the assistance of the special master the court appointed in June, to no avail. So it appears there really will be a third trial on October 4, this one addressing only the issue of damages. At last summer's second trial, the jury awarded the labels a total of $1.92 million for illegally downloading and "sharing" 24 songs, but the court later remitted the verdict down to $54,000. The labels opted for the new trial on damages rather than accepting the reduced award.
Joint motion re settlement