At the commencement of the "oral argument" conducted before Judge Naomi Reice Buchwald in Manhattan federal court on Thursday, July 6th, Judge Buchwald indicated that she had already decided to deny the defendant's motion to (a) vacate the RIAA's ex parte discovery order on the ground that it was not supported by competent evidence, (b) quash the RIAA's subpoena on the ground that the underlying complaint fails to state a claim for relief under the copyright laws, and (c) dismiss and sever as to John Does 2-99 on the ground that they are improperly joined in the case, in violation of the federal rules for permissive joinder.
Copies of the transcript of the judge's announcement, and of the primary litigation documents, in which the issues are outlined, are published online at Internet Law & Regulation:
Transcript of July 6, 2006, proceeding
Notice of motion to vacate ex parte discovery order, quash subpoenas, and sever and dismiss as to John Does 2-99
Affidavit of Morlan Ty Rogers in Support of Motion
Affidavit of Zi Mei in Support of Motion
Memorandum of Law in Support of Motion
Plaintiffs' Memorandum of Law In Opposition to Motion
John Doe's Reply Memorandum of Law In Support of Motion
Ray Beckerman, one of the attorneys for John Doe #48, the moving party, had this comment:
"I am deeply disappointed by Judge Buchwald's ruling. I think it is incorrect, but under the federal rules it is not appealable. I hope that Judge Buchwald will certify the matter for an immediate appeal, and stay the effect of her ruling until we have had a chance to bring an appeal in the Second Circuit."
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