Friday, February 10, 2006

Motion to Vacate Ex Parte Order, Quash Subpoena, and Sever & Dismiss Scheduled in Motown v. Does1-99

In an RIAA p2p file sharing case brought in Manhattan federal court by the RIAA, Motown v. John Does 1-99, the motion by John Doe #48 to (a) vacate the ex parte discovery order, (b) quash the subpoena issued pursuant to the order, and (c) sever and dismiss the action as to John Does 2-99, has now been scheduled.

On February 10th the Court set a briefing schedule for the motion:

February 24th: Defendant’s motion due

March 17th: Plaintiffs’ opposition due

March 31st: Defendant’s reply papers due

Additionally, the Court issued a stay of the ex parte discovery order and the subpoena that had been issued under its authority, pending the Court's determination of the motion. Plaintiff's counsel had asked the Court to limit the stay to just the moving defendant, but the Court denied that request, and indicated that the order and subpoena are stayed as to all defendants.

The judge is Hon. Naomi Reice Buchwald.

The court is the United States District Court for the Southern District of New York.

The docket number is 05CV9112(NRB).

Letter by John Doe's counsel requesting pre-motion conference and emergency stay
Letter by RIAA counsel requesting that stay be limited to John Doe #48 (Link not available. We have requested a digital file of the letter from RIAA counsel but they have declined to provide same)
Letter by John Doe's counsel responding to RIAA letter

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

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