In an unusual move, the RIAA's lawyers have asked the Judge for permission to have a second oral argument of the motion, and to submit an unusual surreply to the defendant's reply papers.
A copy of the letter making the request was sent to Ty Rogers, at the firm of Ms. Santangelo's lawyers, even though Mr. Rogers was on vacation until September 6th.
8 comments:
In my world you have to move for leave to file a surreply unless the local rules specify otherwise. Won't this letter be ignored?
Sounds like someone doesn't think things went too well the first time...
Geez, did these RIAA bozos flunk civ pro? This isn't traffic court!
They are going to fight this tooth and nail, because it will be devastating for them should they lose. Very devastating.
It will be devastating if they lose but they're apparently not too bright. I'm not even a lawyer and if I was in their position I'd be offering to settle with Santangelo at any cost to keep from getting a judgement at this point.
Fortunately I don't think they're bright enough (or perhaps are too arrogant and cocky) to see this option. I really hope they lose and lose bad with the judge ordering all of the defendant's legal fees paid by the RIAA plus sanctions (if it's in their authority to do so) for filing a frivilous lawsuit.
The riaa is in a very precarious position at this point. If they are shown to give in and let it go..that's an indication to allow future "lawsuit recipients" to "fight back" as well. If they lose this case, of course, they may lose their ability to sue people anyway.
Of course if they win, they will continue their harrassment suits, moreso...but they do have a lot at stake here. I'm sure they will try their best to win this case...hang in there guys..keep the riaa on the run!
Dear Katie,
I think their letter was an informal application for permission to file a surreply; in fact I think arguably it was an attempt at a surreply, which the judge obviously has to read, even if she denies their silly requests.
Best regards,
Ray
I am desperately pleaing for help. I am being sued by Shook, Hardy, and Bacon LLP of Kansas City, who are currently representing the RIAA, for illegally downloading music on Kazaa. At the time I was only 18 and did not understand that this free program I obtained from the internet, like millions of other people, was illegal. Now I am being told that I am being sued. Will somebody please point me in the right direction?? I am very scared and I am not even really sure if this is true.
Janine
JAN857@aol.com
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