Sunday, November 19, 2006

RIAA Says Defendant's Counterclaim for Attorneys Fees Can't be Expressed as a Counterclaim in Elektra v. Schwartz

The RIAA has made a request for a premotion conference in Elektra v. Schwartz, indicating that it intends to make a motion to dismiss Ms. Schwartz's counterclaim for attorneys fees, on the ground that a copyright defendant's claim for attorneys fees cannot be expressed as a counterclaim:

November 17, 2006, Letter of Richard J. Guida*

Ms. Schwartz's attorneys disagree:

November 19, 2006, Response of Ray Beckerman*
Attachment to Response of Ray Beckerman (Oct. 31-Nov. 2 email exchange)*
Attachment to Response of Ray Beckerman (Answer & counterclaim)*
Attachment to Response of Ray Beckerman (Exhibit A to Answer & counterclaim)*
November 21st reply letter of Richard Gabriel*

* Document published online at Internet Law & Regulation

Commentary and discussion:

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2 comments:

Alter_Fritz said...

Quote: The parties are instructed to exercise civility in their dealings with each other, [...] and to exercise restraint in seeking relief from the court . Ordered by JudgeRobert M. Levy on 11/2/06. (Levy, Robert)

Now, what part of this has "RIAA-Richard 1" (Gabriel) not told to "RIAA-Richard 2" (Guida)?

Why does the RIAA repeatedly waste the time of the court with stuff like this motion where that they can cite no prior cases/rulings for or where they simply missstate the plain language of your american rules for CP?
Did "Richard 2" already made a second motion in which he claims Miss Schwartz must ask the Attorney General to use this counterclaim or notify the President of its use?!

Ray Beckerman said...

:)