Thursday, January 31, 2008
Index of Litigation Documents.
Updated through 5/15/08
Andersen v. Atlantic (Oregon) Complaint*
Amended complaint*
Defendants' Memorandum of Law in Support of Motion to Dismiss Complaint*
Defendant's Memorandum of Law in Opposition to Motion to Dismiss*
February 19, 2008, Order Dismissing Complaint, Granting Leave to Replead*
Unofficial transcript of February 13, 2008, oral argument*
Second Amended Complaint*
Plaintiff's Status Report*
Third Amended Complaint*
Amended complaint*
Status report*
Motion to commence immediate discovery*Arista v. Does 1-7 (Huntington, WV) Moving affidavit*
Moving memorandum of law*
RIAA opposition*
Movant's reply memo*
RIAA surreply memo*
April 14, 2008, Order of Magistrate Judge denying motion to quash*Arista v. Does 1-9 (Denver, CO) Ex Parte Order dated April 4, 2007 (Granting Ex Parte Order, But Declining to Rule that Court Order is Unnecessary)*Arista v. Does 1-9 (Columbus, Ohio) John Doe #1 Motion to Quash*
John Doe #9 Motion to Dismiss Complaint, Vacate Order, Quash Subpoena*
John Doe #9 Motion for Stay*
John Doe #5 Motion to Dismiss Complaint, Vacate Order, Quash Subpoena*
John Doe #5 Motion for Stay*
November 29, 2007, Order Granting Stay of Subpoena*
RIAA Opposition Memo*
Defendants' Reply Memo*
April 18, 2008, Order and Opinion of Magistrate Judge Mark R. Abel, dismissing complaint as to John Does 2-9*
Motion for reconsideration*
Motion for stay*Arista v. Does 1-11 (Cleveland) (Cleveland, Ohio) Motion to Quash*
RIAA Memorandum of Law in Opposition to Motion to Quash*
Reply Papers in Support of Motion to Vacate and Quash*Arista v. Does 1-11 (Oklahoma City) (Oklahoma City, OK) Defendants' Memorandum of Law in Support of Motion to Vacate*
Expert Witness Declaration of Jayson Street*
Attachment 1 -- November 2004 Order in Fonovisa v. Does*
RIAA Motion for 2-week extension of time*
Defendants' opposition to RIAA Motion for 2-week extension of time*
Declaration of Moshe D. Rothman in Opposition to Motion to Quash*
RIAA Memorandum of Law in Opposition to Motion to Quash*
Exhibit 3 List of Ex Parte Orders*
Defendants' Motion to Strike Pleadings*
RIAA's Opposition to Motion to Strike*
Defendants' Reply Brief in Support of Motion to Strike RIAA's Pleadings*
November 14, 2007, Order Denying Motion to Vacate and to Quash*
RIAA Application for order to show cause and conference*
Exhibit (January 31, 2008, letter of Marilyn Barringer-Thomson*
February 12, 2008, Order to Show Cause*Arista v. Does 1-15 (Columbus, OH) Complaint in Arista v. Does 1-15*
Complaint in Capitol v. Does 1-10*
May 23, 2007, Letter of Joseph Hazelbaker to Ohio University*
Motion to quash*
November 5, 2007, Decision of Magistrate Judge Denying Motion to quash*Arista v. Does 1-17 (Portland, OR) University of Oregon's Motion to Quash*
University of Oregon's Memorandum of Law in Support of Motion to Quash*
RIAA's opposition to motion to quash*
Oregon Attorney General Reply Memorandum of Law*
Oregon Attorney General Reply Affidavit*
Exhibit F (Excerpt from Doug Jacobson deposition transcript in UMG v. Lindor)*
Exhibit H (Draft Interrogatories)*
Surreply Memo in Opposition to Oregon Attorney General's Request for Discovery*
Motion to Strike Oregon Attorney General's Request for Discovery*
Notice of supplemental authority*Arista v. Does 1-19 (District of Columbia) October 20, 2007, Docket Report, Arista v. Does 1-19, District of Columbia*
Motion by John Doe #3 to Vacate Ex Parte Order, Quash Subpoena, and Dismiss Complaint*
November 15, 2007, Order to Show Cause*
RIAA response to order to show cause*
Response to RIAA response*
Reply Memorandum in Support of Dismissal of Complaint for failure to state claim and misjoinder*
April 28, 2008, order and opinion denying motion to vacate ex parte discovery order* (-- F. Supp. 2d --, 2008 WL 1851772)Arista v. Does 1-21 (D. Mass.)(renamed "London-Sire v. Doe 1") Linares Declaration Submitted by RIAA in support of ex parte discovery order motion*
Consolidation order*
Memorandum of Law in Support of Motion to Vacate Ex Parte Discovery Order and Subpoena*
Memorandum of Law in Oppposition*
Reply Memorandum in Support of Motion to Vacate and Quash*
Reply Declaration of Jesse Robert Stengel*
Reply Declaration of Prof. Azer Bestavros*
Defendant's supplemental memorandum of law in support of motion to quash*
Amicus Curiae Brief in support of John Doe's motion to quash, submitted by Electronic Frontier Foundation*
RIAA brief in opposition to EFF motion for leave to file amicus curiae brief*
Order granting leave to file amicus curiae brief*
RIAA brief in opposition to John Does' supplemental brief*
1919 Opinions of Attorney General 256* (November 10, 1919)(Document referred to in above brief)
RIAA brief in opposition to amicus curiae brief submitted by Electronic Frontier Foundation*
Reply memorandum of law of "John Does"*
March 31, 2008, Decision* (--- F.Supp.2d ----, 2008 WL 887491)
(Alternate link)
January 2, 2008, cease and desist letter*
RIAA Motion for reconsideration*
Plaintiffs' opposition to motion to strike Linares declarations*
Reply in support of motion to strike Linares declarations*Arista v. Does 1-22 (Providence, RI) Ex Parte Motion for Discovery of Student Identities*
Declaration of Carlos Linares in support of Ex Parte Motion for Discovery of Student Identities*
Proposed Order*Arista v. Does 1-27 (Portland, ME) Defendants' Motion to Dismiss Complaint*
Defendants' Motion to Stay Subpoena*
Reply Memorandum on behalf of "John Does 16 & 18" in support of motion to dismiss complaint*
Reply Memorandum on behalf of "John Does 2, 3, 6, 7, 8, 15, 22, and 23" in support of motion to dismiss complaint*
January 25, 2008, Recommendation of Magistrate Judge sustaining complaint and recommending order to show cause for Rule 11 violation*
Objections of Defendants John Doe #16 and 18 to January 25, 2008, Recommendation of Magistrate Judge Kravchuk*
RIAA Brief responding to Brief of John Does 16 and 18*
February 28, 2008, Letter of Robert Mittel to Hon. John A. Woodcock, Jr.*
RIAA opposition to Rule 11 motion*
Reply memorandum*Arista v. Does 1-34 (Raleigh, NC) Brief of John Does 13, 16, 17, and 19 in support of motion to dismiss or sever*Arista v. Finkelstein (Brooklyn, NY)
March 8, 2007, Letter of Richard Guida to Judge Trager*
March 15, 2007, Letter of Richard Altman to Judge Trager*Arista Records v. Greubel (Fort Worth, TX) Motion to Dismiss Complaint*
RIAA Opposition Memo*
Greubel Reply Memo*
September 1, 2006, Decision Denying Motion to Dismiss Complaint* (Also published at 453 F. Supp. 2d 961)
(Alternate link hosted by BNA)
Answer of David Greubel*
Stipulation of dismissal with prejudice*Arista v. Lime Wire (New York, NY)(RIAA case against Lime Wire) Copy of complaint in Arista v. Lime Wire*
Answer and Counterclaim of Lime Wire defendants*
October 16, 2006, Case Management Order*
Lime Wire's First Amended Counterclaims*
Plaintiff's memorandum of law in support of motion to dismiss counterclaims*
Defendants' Memorandum of Law in Opposition to Motion to Dismiss Counterclaims*
February 8, 2007, Order, Denying Plaintiffs' Application for Stay of Discovery*
February 15, 2007, Reply Memorandum of Law*
Case Management Order Entered June 18, 2007*
October 19, 2007, Letter re Discovery Disputes*
December 3, 2007, Decision Dismissing Antitrust Counterclaims*
December 11, 2007, Scheduling Order*
April 2, 2008, scheduling order*Arista v. Tschirhart (San Antonio, TX) May 24, 2006, Order Granting Defendant Leave to Add Affirmative Defenses, Denying Leave to Add Counterclaims*
August 23, 2006, Decision Granting Default Judgment Based on Spoliation of Evidence*Arista v. Usenet (New York, NY) Complaint in Arista v. Usenet (Hosted by Wired.com)
(Alternate Link)(Hosted by Internet Law & Regulation)*Atlantic v. Andersen(Oregon) Defendant's Memorandum of Law in Support of Motion to Dismiss Complaint*
Plaintiff's Memorandum of Law In Support of Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Dismiss Counterclaims*
Defendant's Amended Answer and Counterclaims
(Alternate link)*
Order Limiting Hard Drive Inspection*
Revised Order Permitting Hard Drive Inspection*
October 17, 2006, Declaration of Tanya Andersen*
December 13, 2006, Order*
RIAA Opposition to Limitation of Depositions*
Ms. Andersen's Response*
Lybeck Declaration*
Order granting limitations on deposition of child and disabled person
Defendant's Amended Answer and Counterclaims*
RIAA Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law In Opposition to Motion to Dismiss Counterclaims*
Stipulation of Dismissal With Prejudice*
Decision of Magistrate Judge Granting Defendant's Attorneys Fees Motion* (Westlaw cite: 2008 WL 185806)
RIAA's Objection to Magistrate's Order Permitting Counterclaims to be Withdrawn Without Prejudice*
RIAA Objection to Magistrate's Order Granting Ms. Andersen's Attorneys Fees Motion*
January 14, 2008, Order and Decision permitting dismissal of counterclaims without prejudice* (Westlaw Cite: 2008 WL 151825)
January 16, 2008, Order and Opinion Affirming Magistrate's Recommendations and Granting Defendant's Motion for Attorneys Fees* (Westlaw cite: 2008 WL 185806)
Declaration of Lory Lybeck*
Defendant's brief*
Plaintiffs' expert witness's declaration*
Plaintiffs' opposition brief*
Lory Lybeck reply declaration*
Tanya Andersen reply declaration*
Defendant's reply brief*
May 14, 2008, Opinion and Order awarding defendant $107,834.00 in attorneys fees*Atlantic v. Anderson (Houston, TX) March 12, 2008, Decision granting RIAA summary judgment motion*
Defendant's opposition papers*Atlantic v. Boggs (Corpus Christi, Texas) Transcript of December 20, 2006, Court conference*
RIAA Request for Default*
RIAA Motion for Default Judgment*
February 1, 2007, Order, Denying RIAA Motion for Default Judgment*
Answer and Counterclaims*
Plaintiffs' Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss Counterclaims*
Reply Memorandum of Law in Support of Motion to Dismiss Counterclaims*
June 21, 2007, Expert Witness Designation by Plaintiffs*
Unopposed Motion for Extension of Time*
Order Granting Dept. of Justice 60 days to Intervene*
Notice of Settlement filed August 1, 2007*Atlantic v. Boyer (Tampa, FL) Answer and counterclaims*
RIAA memorandum in support of motion to dismiss counterclaims*
May 6, 2008, Order and Opinion denying motion to dismiss counterclaims*Atlantic v. Brennan (New Haven, CT) February 13, 2008, Order and Decision denying application for default judgment* (534 F. Supp.2d 278)
Motion for Reconsideration*
Declaration of Timothy Reynolds in Support of Motion for Reconsideration*
Declaration of MediaSentry's Elizabeth Hardwick in Support of Motion for Reconsideration*
Motion for status conference*
April 14, 2008, Order Denying Motion for "Reconsideration"*
Amended complaint (with no page 3)*
Amended complaint*Atlantic v. Dangler (Rochester, NY) October 23, 2007, Decision, Denying RIAA Motion for Default Judgment* (--- F.Supp.2d ----, 2007 WL 3084728)
RIAA's Memorandum of Law in Support of Motion for Reconsideration*
Hardwick Declaration in Support of Motion for Reconsideration*
Train-Gutierrez Declaration in Support of Motion for Reconsideration*
Exhibit (AOL Letter) in Support of Motion for Reconsideration*
Order granting reconsideration and motion for default judgment*Atlantic v. DeMassi (Houston, TX) Answer and Counterclaims*
Exhibit A (Original Complaint in Arista v. LimeWire)*
Exhibit B (November 2006 Report to USPTO on Filesharing Programs)*
May 21, 2007, Order Dismissing Counterclaims for Declaratory Judgment and Copyright Misuse*Atlantic v. Does 1-14 (Portland, ME) Motion to strike Linares declaration*
Affidavit of Theodore G. Fletcher*
Motion to vacate and quash*
Exhibit B*
RIAA opposition memo*
Defendant's reply memo*Atlantic v. Does 1-25(New York, NY) Defendant John Doe's Reply Memorandum of Law in Support of Motion to (a) Sever and Dismiss as to John Does 2-24 and (b) Quash Subpoena*
Notice of Motion to Vacate Ex Parte Order*
(Alternate link)(Alternate link #2)
Affidavit of Zi Mei in Support of Motion*
(Alternate link)
Affidavit of Ty Rogers In Support of Motion*
(Alternate link)
Exhibit A*
Exhibit B*
Exhibit C*
Exhibit D*
Exhibit 1 to Exhibit D (part 1)*
Exhibit 1 to Exhibit D (part 2)*
Exhibit 1 to Exhibit D (part 3)*
Exhibit 1 to Exhibit D (part 4)*
Exhibit 1 to Exhibit D (part 5)*
Exhibit 1 to Exhibit D (part 6)*
Exhibit E*
Exhibit F*
Exhibit G*
Memorandum of Law In Support of Motion to Vacate Ex Parte Discovery Order*
(Alternate link)
Appendix 1 to Memorandum of Law*
Appendix 2 to Memorandum of Law*
Appendix 3 to Memorandum of Law*
Declaration of Jonathan Whithead in Opposition*
Exhibit A*
Exhibit B*
Reply Memorandum of Law of John Doe #8 in Further Support of Motion to Vacate Ex Parte Discovery Order*
Reply Affidavit of Zi Mei in Further Support of Motion to Vacate Ex Parte Discovery Order*
Exhibit A (FTC Testimony of RIAA That File Sharers Are Unaware They are Sharing)*
June 6, 2006, decision denying motion to vacate ex parte discovery order*Atlantic v. Howell (Phoenix, AZ)(pro se) August 24, 2007, Order Granting Summary Judgment to Plaintiffs*
August 31, 2007, Reconsideration Motion*
October 3, 2007, Directing Briefing of 4 Questions*
September 27, 2007, Order Granting Reconsideration and Vacating August 20th Order*
Defendant's Motion to Continue*
Order Scheduling Oral Argument for November 30th*
Defendant's Motion to Continue*
Order Denying Defendant's Motion to Continue, Scheduling Hearing for December 14th at 3:00 P.M., and Fixing December 7th as Cutoff Date for Supplemental Briefs*
RIAA Supplemental Brief*
December 10, 2007, Order*
Amicus Curiae Brief of Electronic Frontier Foundation in Opposition to Plaintiffs' Motion for Summary Judgment*
Alternate link
Plaintiffs' brief responding to EFF amicus curiae brief*
RIAA motion to compel hard drive inspection*
April 14, 2008, order scheduling RIAA motion to compel hard drive inspection*
Defendant's response to motion for examination of hard drive and cd's*
April 22, 2008, Order granting unopposed motion for examination of hard drive and cd's*
April 28, 2008, order scheduling final pretrial conference*
April 29, 2008, Decision, Denying RIAA Motion for Summary Judgment* (2008 ILRWeb (P&F) 1665)Atlantic v. Huggins(Brooklyn, NY) Complaint.
Shook Hardy Bacon pro haec vice motion:
Miller declaration,
Notice of motion, and
Proposed order.
Opposing papers:
Affidavit in opposition.
Exhibits to the opposition papers:
Exhibit A*
Exhibit B*
Exhibit C*
Exhibit D*
Exhibit E*
Exhibit F*
Exhibit G*
Exhibit H*
Judge's Decision Granting Pro Hac Vice Motion.
Letter to Magistrate Judge asking him to require RIAA to produce a corporate officer of plaintiffs, with settlement authority, to appear at settlement conference.
Letter to Judge Trager requesting dismissal of Complaint.
October 5, 2005, letter opposing request for conference
(Alternate link)
October 6, 2005 letter of RIAA lawyers asking permission for Missouri lawyer to participate by phone & for RIAA representative not to appear at all
(Alternate link)
October 6, 2005, order of Magistrate Judge Robert M. Levy.
(Alternate link)
October 7, 2005, Docket EntryAtlantic v. Lenentine (Portland, ME) Answer*Atlantic v. Myers (Jackson, MS) Answer of Defendant*Atlantic v. Njuguna (Charleston, SC) Answer and Counterclaims*
RIAA Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss Counterclaims*
Defendant's Supplemental Memorandum of Law in Opposition to Motion to Dismiss Counterclaims*
RIAA Reply Memorandum of Law in Support of its Motion to Dismiss Counterclaims*
Memorandum of Law in Support of Defendant's Motion to Dismiss Complaint For Failure to State Claim and Violation of Due Process*
Opposition to Motion for Judgment on Pleadings Dismissing Complaint*
Cross-motion for Leave to File Amended Complaint*
Proposed Amended Complaint*
Reply Memorandum in Support of Motion for Judgment on Pleadings Dismissing Complaint*
Defendant's response to RIAA's motion for permission to amend complaint*Atlantic v. Serrano (San Diego, CA) December 28, 2007, Order and Decision Denying Motion to Dismiss Complaint and Granting Motion to Dismiss Counterclaims*Atlantic v. Shutovsky (New York, NY) Answer and Counterclaims*
July 26, 2007, Joint Letter Submitting Discovery Disputes*
July 30, 2007, Order of Hon. P. Kevin Castel*
February 6, 2008, Memo Endorsed Order of Hon. P. Kevin Castel*Atlantic v. Zuleta (Atlanta, GA) Declaration of Francisco Zuleta*
Amended Answer and Counterclaim of Francisco Zuleta*
Stipulation of Dismissal*
Evidence of filing of Stipulation of Dismissal*BMG v. Conklin (Pro se case in Houston, TX) Motion*
Opposition*
Order*
BMG v. Doe (Canada) Decision of Federal Court of Appeal (PDF)
(Alternate Link)(HTML)
Deposition of Media Sentry President Gary Millin*
BMG v. Does (E. D. Pa. CV 04-650) First Order Denying Joinder (See Second Order Shown At This First Link)
Second Order Denying JoinderBMG v. Does 1-10 (Raleigh, NC) Motion to strike declaration, dismiss complaint, and quash subpoena*BMG v. Gonzalez (USCA 7th Cir.)* Decision affirming grant of summary judgment to plaintiffsBMG v. Thao (Chicago, IL) Notice of Dismissal*
Fax*
Letter*Capitol v. Does 1-16 (D. New Mexico) May 24, 2007, Order, Denying Ex Parte Discovery Motion*
September 9, 2007, Order, Requiring 40 days Notice and Full Sets of Papers for John Doe defendants*Capitol v. Fanguiaire (Boston, MA) August 15, 2007, Denying RIAA Motion for Summary Judgment*Capitol Records v. Foster (Oklahoma) Amended Answer and Counterclaims of Defendant Deborah Foster*
September 8, 2005, Decision*
October 5, 2005, Decision Denying RIAA's Motion to Strike Counterclaim for Declaratory Judgment*
Answer and counterclaims*
RIAA Motion to Dismiss Counterclaims*
Defendant's response to Motion to Dismiss Counterclaims*
July 13, 2006, Order Dismissing Case and Finding Defendant to be Eligible for Award of Attorneys Fees against Plaintiffs*
Memorandum of Law in Support of Deborah Foster's Motion for Attorneys Fees*
Declaration of Richard B. Wilkinson in Support of Deborah Foster's Motion for Attorneys Fees*
Amicus curiae brief submitted, by EFF, ACLU, AALL, Public Citizen, and ACLU of Oklahoma Foundation in Support of Debbie Foster Motion for Attorneys Fees*
(Alernate link)
August 14, 2006, Declaration of Marilyn Barringer-Thomson*
RIAA Opposition to Motion for Leave to File Amicus Curiae Brief*
Request for Judicial Notice and Response to RIAA's Opposition to Court's Acceptance of Amicus Curiae Brief*
Plaintiffs' Opposition to Defendant's Motion for Attorney's Fees*
Defendant's Motion for Leave to File Reply*
February 6, 2007, Order and Decision* (Westlaw Cite: 2007 WL 1028532)
Plaintiff's "Status Report"*
February 15, 2007, Order, Fixing Schedule for (a) Plaintiffs to Complete Discovery on Reasonableness of Defendant's Attorneys Fees, and (b) Defendant to File Supplemental Request for Additional Fees*
RIAA Motion to "Reconsider" Order Granting Attorneys Fees Motion*
RIAA Motion to "Clarify" Scheduling Order*
Ms. Foster's Motion to Modify Scheduling Order*
Ms. Foster's Objections to RIAA's Motion to "Clarify"*
Defendant's Motion to Compel Production of RIAA's Attorneys' Billing Records*
February 26, 2007, Order, Directing Plaintiffs to Respond to Defendant's Motion to Compel by March 1, 2007*
February 27, 2007, Order Denying "Clarification" Motion*
Defendant's Objections to RIAA's "Reconsideration" Motion*
Advisory Regarding RIAA's Default*
Opposition to Motion to Compel Turnover of Billing Records*
Plaintiffs' Motion for Leave to file Reply*
March 15, 2007, Decision and Order Directing Production of RIAA's attorneys' billing records*
March 15, 2007, Order, Granting Leave to File Reply Brief*
Motion to Compel Compliance with March 15th order*
RIAA Reply Papers in Further Support of Reconsideration Motion*
Opposition to Motion to Compel*
RIAA Protective Order Motion*
March 22, 2007, Order, Granting Motion to Compel, Rejecting Request to Place Documents Under Seal, and Directing that Documents are Confidential Pending Further Order of the Court*
Defendant's Motion to (a) Preclude Expert Testimony by Plaintiffs or (b) Compel Expert Discovery*
RIAA Opposition Papers*
Defendant's Motion to Strike RIAA Opposition Papers*
March 29, 2007, Order Granting Motion to Compel*
March 30, 2007, Order Denying Motion for Extension as Moot*
April 3, 2007, Objections to RIAA's Motion for Protective Order*
Notice of deposition*
Motion to quash deposition notice*
Plaintiffs' Motion for Leave to Serve Reply Papers*
Order granting Plaintiffs' Motion for Leave to Serve Reply Papers*
April 6, 2007, Order Partially Granting Motion to Quash Deposition Notice*
April 10, 2007, Decision, Granting Motion for Confidentiality of Attorneys' Billing Records*
April 10, 2007, Protective Order*
April 23, 2007, Decision and Order Denying RIAA Reconsideration Motion* (Westlaw Cite: 2007 WL 1223826)
Supplemental Fee Application*
Declaration in Support of Supplemental Fee Application*
June 20, 2007, Order, Granting RIAA Request for Evidentiary Hearing*
July 2, 2007, Order, Scheduling Evidentiary Hearing for July 5th*
July 16, 2007, Order and Decision Directing RIAA to Pay $68,685.23 in Attorneys Fees*
Motion for Judgment Awarding Atttorneys Fees*
August 14, 2007, Statement of No Objection by RIAA*
Order Granting Motion for Judgment to be Entered on Attorneys Fees*
Judgment for Attorneys Fees*
Ms. Foster's Motion to Amend Judgment*
RIAA's Motion to Deem Judgment Satisfied*
Exhibit A to RIAA's Motion to Deem Judgment Satisfied (Cover letter + check)*
Order Partially Granting and Partially Denying Motion to Amend Judgment*
September 10, 2007, Order Denying Motion to Deem Judgment Satisfied*
Amended Proof of Payment*Capitol v. Frye (Winston Salem, NC) Offer of Judgment and Notice of Acceptance*Capitol v. Laude (Portland, ME) Answer*Capitol v. Sitaras (Brooklyn, NY) AnswerCapitol v. Weed (Phoenix, AZ) Amended Answer and Counterclaims*
Motion to dismiss complaint*
Opposition papers*
Reply papers*
Supplemental authority submitted by defendant*
RIAA response to supplemental authority*
Motion for leave to interpose counterclaims*
Opposition papers*
Reply papers*
Stipulated protective order for examination of defendant's hard drive*
April 21, 2008, opinion and order partially granting and partially denying motion for leave to amend answer* (2008 WL 1820667)
Amended answer and counterclaims*
Original Rule 7.1 Statement*
Amended Rule 7.1 Statement*Elektra v. Barker (New York, NY) Complaint*
Exhibit A*
Exhibit B, part 1*
Exhibit B, part 2*
Memorandum of Law in Support of Motion to Dismiss Complaint*
Opposition to Motion to Dismiss Complaint*
Defendant's Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
February 15, 2006, letter of Fred von Lohmann of Electronic Frontier Foundation, requesting permission to serve amicus curiae brief in support of Ms. Barker's dismissal motion*
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Dismissal Motion*
(Alternate link)
Amicus Curiae Brief of Computer & Communications Industry Association and U. S. Internet Industry Association*
Defendant's Memorandum of Law Commenting on Amicus Briefs*
RIAA Brief Responding to Amicus Brief of Computer & Communications Industry Association and Internet Industry Association*
MPAA Amicus brief*
April 4, 2006, letter of Assistant U. S. Attorney Rebecca C. Martin*
"Statement of Interest" of United States Department of Justice*
Memorandum of Law of Defendant Tenise Barker in Response to Statement of Interest of United States of America*
November 28, 2006, Order of Hon. Kenneth M. Karas*
January 9, 2007, Letter of Richard L. Gabriel, with copy of US v. Shaffer*
January 10, 2007, Letter of Morlan Ty Rogers, with copy of RIAA's November 15, 2004, testimony to FTC P2P File Sharing Workship*
Docket Entry. Oral Argument held. Decision reserved. Hon. Kenneth M. Karas*
Elektra v. Barker Jan. 26, 2007, argument, transcript request form*
Transcript of January 26, 2007, Proceedings, Elektra v. Barker 1:05-cv-7340 KMK (USDC, SDNY)*
August 22, 2007, Letter of Richard J. Guida in Elektra v. Barker Transmitting Atlantic v. Howell*
August 24, 2007, Letter of Ray Beckerman Responding to Guida Letter*
August 28, 2007, Letter of Ray Beckerman to Judge Karas in Elektra v. Barker (Latin American Music decision)*
August 29, 2007, Letter of Richard Gabriel (re Latin American Music case)*
September 12, 2007, Letter of Brian E. Moran to Hon. Kenneth M. Karas*
October 4, 2007, Letter of Morlan Ty Rogers (Submitting Copy of September 27, 2007, order in Atlantic v. Howell)*
October 15, 2007, Letter of Richard L. Gabriel to Hon. Kenneth M. Karas (Citing Jury Instruction)*
October 15, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas (Re RIAAs's Citation to Jury Instruction)*
February 25, 2008, Letter of Ray Beckerman to Hon. Kenneth M. Karas in Elektra v. Barker*
February 28, 2008, Letter of Brian E. Moran to Hon. Kenneth M. Karas in Elektra v. Barker*
March 17, 2007, letter of Victor B. Kao to Hon. Kenneth M. Karas (Asking judge to lift stay of discovery in Elektra v. Barker)*
March 31, 2008, Decision of Hon. Kenneth M. Karas, Denying Motion to Dismiss Complaint and Granting Leave to Replead* (2008 WL 857527)
Notice of reassignment*
Sipulation and order extending time to answer*
April 11, 2008, Letter of Ray Beckerman to Hon. Richard J. Sullivan (re 1292(b) motion for interlocutory appeal)*
April 17, 2008, Letter of Victor B. Kao to Hon. Richard J. Sullivan (opposition to interlocutory appeal)*
April 18, 2008, order, scheduling status report and time to answer*
Amended complaint*Elektra v. Dennis (Jackson, MS) Complaint*
Motion to Dismiss Complaint or for Summary Judgment Dismissing Complaint*
Defendant's Brief in Support of Motion to Dismiss Complaint or for Summary Judgment Dismissing Complaint*
Defendant's Affidavit in Support of Summary Judgment Dismissing Complaint*
Plaintiffs' Memorandum of Law Consenting to Dismissal "Without Prejudice"*Elektra v. Does 1-9 (Closed)
Elektra v. Harless (Detroit, MI) Elektra v. Licata (Cincinnati, OH) Answer*
Motion to dismiss complaint*
Plaintiffs' memorandum in opposition to motion to dismiss*
Defendant's reply memorandum in support of motion to dismiss*
RIAA memorandum of law in support of motion to voluntarily dismiss*
Defendant'a opposition to RIAA's motion to dismiss "without prejudice"*Elektra v. McCall (Minnesota)
Answer*Elektra v. McDowell (Columbus, GA) RIAA's Statement of Material Facts*
Defendant's Opposition to Motion for Summary Judgment*
November 6, 2007, Order, Granting in Part, and Denying in Part, RIAA's Motion for Summary Judgment* (2007 WL 3286622)Elektra v. O'Brien (C.D. CA) March 2, 2007, Decision and Order to Show Cause, ordering RIAA plaintiffs to show cause why case should not be dismissed as to defendant* (2007 ILRWeb (P&F) 1555)Elektra v. Perez (Oregon) Docket sheet*
Plaintiffs' memorandum of law in support of initial motion to dismiss defendant's counterclaim for attorneys fees*
Defendant's memorandum of law in opposition to plaintiff's initial motion to dismiss defendant's counterclaim for attorneys fees*
Record of December 6, 2005, Order, Denying Plaintiffs' Motion to Dismiss Counterclaim, With Leave to Renew*
Plaintiffs' memorandum of law*
Defendant's memorandum of law*
Order denying defendant's motion to dismiss complaint, granting plaintiffs' motion for voluntary dismissal without prejudice* (Also reported at 2006 WL 3063493)
Elektra v. Santangelo (White Plains, NY)
(Alternate link)
Exhibit A of Complaint
Exhibit B of Complaint, first part
Exhibit B of Complaint, cont'd
Exhibit B of Complaint, cont'd)
Transcript of May 6th court appearance
Notice of Motion to dismiss complaint
(Alternate link)
Memorandum of Law in support of motion to dismiss complaint
(Alternate link)
Affidavit of Morlan Ty Rogers in support of motion to dismiss complaint
Exhibit A (Complaint)
Exhibit A of Complaint
Exhibit B of Complaint, first part
Exhibit B of Complaint, cont'd
Exhibit B of Complaint, cont'd)
Plaintiff's Memorandum of Law in opposition to motion to dismiss complaint
Reply Memorandum of Law in support of motion to dismiss complaint
Revised Reply Memorandum of Law in support of motion to dismiss complaint
Letter of plaintiff's counsel requesting second oral argument and permission to submit additional papers
November 28, 2005, Order and Decision Denying Defendant's Motion to Dismiss Complaint* (Also published at 2005 WL 3199841 and 79 USPQ2d 1702)
(Alternate link)*
Answer*
Order Affirming Discovery Rulings of Magistrate Fox*
Docket Sheet November 4, 2006*
Notice of Motion to Dismiss without Prejudice*
Delcaration of Richard L. Gabriel in support of RIAA's Motion to Dismiss without Prejudice*
Memorandum of Law in support of RIAA's Motion to Dismiss without Prejudice*
Memo Endorsed, Filed February 21, 2007, Accepting Late-Filed Answering Papers*
Memorandum of Law in Opposition to Motion to Dismiss Without Prejudice, and in Favor of Cross Motion for Dismissal With Prejudice or for Jury Trial*
March 6, 2007, Letter of Richard Gabriel, and Memo Endorsed by Judge granting application*
Reply Declaration of Tom Mizzone of MediaSentry*
Reply Declaration of Richard Gabriel*
Reply Memorandum of Law*
Notice of Pre-Trial Conference*
Order Filed March 21, 2007, Denying Plaintiffs' Motion to Dismiss Without Prejudice*
Mystery Document (Stipulation of Dismissal Signed by Richard L. Gabriel only and filed as a "Notice")
"Memo Endorsed" Order Dated April 2, 2007, Advising defendant she is free to make motion to discontinue with prejudice*
Stipulation and Order entered April 9, 2007, dismissing case with prejudice except for issue of defendant's entitlement to attorneys fees*Elektra v. Santangelo II (White Plains, NY) Complaint*
Complaint Exhibit A*
Complaint Notation that Exhibit B has not been filed electronically*
Rule 26(f) Discovery Plan*
Addendum to Rule 26(f) Discovery Plan*
Motion for default judgment*
Request for entry of default*
January 10, 2007, Default Judgment*
Answer and Counterclaim*
Exhibit A to Answer and Counterclaim*
Exhibit B to Answer and Counterclaim*
January 31, 2007, Order of Judge Robinson granting motion of Jordan Glass for admission pro hac vice*
May 15, 2007, Memo endorsed Order denying application for judgment debtor exam*
July 9, 2007, Joint Letter of Plaintiffs and Defendant*
July 13, 2007, Scheduling Order*
July 18, 2007, Declaration of Richard L. Gabriel*
Minute entry for July 13, 2007, conference, vacating default judgment*
Answer and Counterclaims of Michelle Santangelo*
Affirmation of Jordan Glass in Opposition to RIAA Motion for Attorneys Fees*
Memorandum of Law in Opposition to RIAA Motion for Attorneys Fees*
Answer, Counterclaims, and Jury Demand*
RIAA Reply Memorandum in Support of Motion for Attorneys Fees in connection with Vacating of Default Judgment*
Defendants' Memorandum of Law in Support of Motion for Leave to Serve Third Party Complaint*
Memorandum of Law in Opposition to Motion for Leave to File 3rd Party Complaint*
Plaintiffs' Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendants' Reply Memorandum of Law in Support of Motion to Add Third Party Defendants*
Exhibit A (Affidavit of Service in Lewan v. Sharman)*
Exhibit B (Revised Proposed Third Party Complaint)*
Defendants' Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims*
Defendants' Memorandum of Law in Support of Motion for Leave to File Amended Answer and Counterclaims*
Exhibit A -- Defendants' Proposed First Amended Answer and Counterclaims*
October 19, 2007, Letter of Jordan D. Glass to Hon. Mark D. Fox*
October 23, 2007, Letter of Richard L. Gabriel to Hon. Mark D. Fox (Re Misstatement)*
October 23, 2007, Order of Hon. Mark D. Fox, Magistrate Judge, Establishing Discovery Dispute Procedures for the Case*
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Leave to Amend their Answer*
November 20, 2007, Letter Motion to Compel Discovery*
Minute entry for November 30, 2007, discovery conference before Magistrate Mark D. Fox*
Order denying RIAA motion for attorneys fees without prejudice*
February 15, 2008, Order and Decision of Hon. Mark D. Fox Denying Motion for Leave to Implead*
March 4, 2008, Order of Magistrate Judge Fox recommending denial of motion to add counterclaims*Elektra v. Schwartz (Brooklyn, NY)
Exhibit A to Answer and Counterclaim (Amicus Brief in Capitol Records v. Debbie Foster)*
October 28, 2006, Letter of Ray Beckerman to Judge Trager (In connection with summary judgment motion)*
November 1, 2006, Letter of Richard J. Guida to Judge Trager (In connection with summary judgment motion)*
November 17, 2006, Letter of Richard J. Guida*
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*
December 1, 2006, Letter of Ray Beckerman to Judge David G. Trager*
Elektra v. Wilke, Affidavit in Support of Motion for Expedited Discovery*
Elektra v. Wilke, Stipulation of Dismissal with Prejudice*
December 4, 2006, Order of Hon. David G. Trager*
December 7, 2006, Letter of Ray Beckerman to Judge Trager*
December 4, 2006, Order*
November 1, 2006, Letter of Richard J. Guida*
February 28, 2006, letter of America Online*
Defendant's Initial Disclosures*
December 11, 2006, Letter of Richard J. Guida to Judge David G. Trager*
December 12, 2006, Letter, Containing Briefing Schedule*
December 12, 2006, Order of Judge David G. Trager, Denying Reconsideration*
December 14, 2006, Order Staying Motion to Dismiss Counterclaim Pending Guardian Ad Litem Motion*
January 19, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*
February 2, 2007, Letter of Timothy M. Reynolds (Medical issues; RIAA request for expedited discovery)*
February 4, 2007, Letter of Ray Beckerman (Medical issues; RIAA request for expedited discovery; Electronic filing)*
February 5, 2007, Order of Magistrate Robert M. Levy, Ordering Electronic Filing, Fixing Conference, Ordering Defendant Counsel to furnish basis for appointment of Guardian Ad Litem*
February 16, 2007, Docket Entry of Order Scheduling Motion for Guardian Ad Litem*
Plaintiffs' Memorandum of Law in Response to Motion for Guardian Ad Litem*
March 2, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*
Exhibit A (Docket Report in Priority v. Chan II)*
Exhibit B (February 13, 2006, order in Priority v. Chan II)*
Exhibit C (March 27, 2006, order in Priority v. Chan II)*
Exhibit D (Amicus curiae brief of ACLU, Public Citizen, EFF, AALL, and ACLU-Oklahoma in Capitol v. Foster)*
Exhibit E (February 6, 2007, decision in Capitol v. Foster)*
Exhibit F (Excerpts from transcript of deposition of Dr. Doug Jacobson, UMG v. Lindor, February 23, 2007)*
April 12, 20067, Order of Magistrate Robert M. Levy Granting Defendant's Motion for Appointment of Guardian Ad Litem*
May 2, 2007, Order Appointing Guardian Ad Litem*
May 2, 2007, Order Setting Conference Date and Directing Parties to Send Letters*
May 7, 2007, Letter of Lisa J. Borodkin (Guardian Ad Litem Reading Materials)*
February 6, 2007, Decision in Capitol v. Foster*
April 23, 2007, Decision in Capitol v. Foster*
In Limine Motion in UMG v. Lindor*
May 9, 2007, Letter of Richard J. Guida (Submitting Reading Materials for Guardian Ad Litem)*
May 10, 2007, Letter of Ray Beckerman Moving to Strike Letter of Richard J. Guida*
May 10, 2007, Order Denying Motion to Strike Guida May 10th Letter*
June 1, 2007, Letter of Richard Guida ("Joint" Settlement Conference Request)*
June 3, 2007, Letter of Ray Beckerman (Opposing "Joint" Settlement Conference Request)(Elektra v. Schwartz)*
June 4, 2007, Letter of Richard Guida (Withdrawing Request for "Joint" Settlement Conference)(Elektra v. Schwartz)*
August 22, 2007, Letter of Richard L. Gabriel to Magistrate Judge Robert M. Levy*
September 7, 2007 Letter of Richard L. Gabriel to Magistrate Judge Robert M. Levy*
September 11, 2007, Order, Setting October 15th Teleconference*
September 20, 2007, Letter of Ray Beckerman to Hon. David G. Trager (re Motion for Judgment on Pleadings)*
September 20, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (re Request for Stay Pending Determination of Motion for Judgment on Pleadings)*
September 20th-21st email exchange*
October 1, 2007, Letter of Richard L. Gabriel to Hon. David G. Trager (Re Defendant's Motion for Judgment on Pleadings)*
Exhibit A, abbreviated version of September 20th-21st email exchange*
October 1, 2007, Letter of Richard L. Gabriel to Hon. Robert M. Levy (Re Motion for Stay During Pendency of Defendant's Motion for Judgment on the Pleadings)*
Exhibit A (Letter and enclosures to Judge Trager)*
October 1, 2007, Letter of Ray Beckerman to Hon. David G. Trager (Re Defendant's Motion for Judgment on Pleadings)*
Exhibit A, Omitted September 21, 2007, 2:56 P.M., email of Ray Beckerman*
October 1, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (Re Motion for Stay During Pendency of Defendant's Motion for Judgment on the Pleadings)*
October 3, 2007, Letter of Ray Beckerman to Hon. David G. Trager (Briefing Schedule for Motion for Judgment on Pleadings)*
October 11, 2007, Order of Hon. Robert M. Levy staying proceedings until November 13th status conference*
Notice of Motion (Dismissal of complaint pursuant to Fed. R. Civ. P. 12(c))*
Declaration of Ray Beckerman*
Memorandum of Law*
RIAA's Memorandum of Law in Opposition to Motion for Judgment on Pleadings*
Defendant's Reply Memorandum of Law in Support of Motion for Judgment on Pleadings*
November 13, 2007, Order, Denying Application for Immediate Discovery*
February 8, 2008, Letter of Richard L. Gabriel*
February 8, 2008, Letter of Ray B
TABLE OF CASES (Alphabetical by case name)
Andersen v. Atlantic (Oregon)
Arista v. Does 1-7 (Huntington, WV)
Arista v. Does 1-9 (Denver, CO)
Arista v. Does 1-9 (Columbus, OH)
Arista v. Does 1-11 (Cleveland) (Cleveland, OH)
Arista v. Does 1-11 (Oklahoma City) (Oklahoma City, OK)
Arista v. Does 1-15 (Columbus, OH)
Arista v. Does 1-17 (Portland, OR)
Arista v. Does 1-19 (District of Columbia)
Arista v. Does 1-21 (D. Mass.)
Arista v. Does 1-22 (Providence, RI)
Arista v. Does 1-27 (Portland, ME)
Arista v. Does 1-34 (Raleigh, NC)
Arista v. Finkelstein (Brooklyn, NY)
Arista v. Greubel (Fort Worth, TX)
Arista v. Lime Wire (New York, NY)(RIAA case against Lime Wire)
Arista v. Tschirhart (San Antonio, TX)
Arista v. Usenet (New York, NY)
Atlantic v. Andersen(Portland, OR)
Atlantic v. Anderson (Houston, TX)
Atlantic v. Boggs (Corpus Christi, Texas)
Atlantic v. Boyer (Tampa, FL)
Atlantic v. Brennan (New Haven, CT)
Atlantic v. Dangler (Rochester, NY)
Atlantic v. DeMassi (Houston, TX)
Atlantic v. Does 1-14 (Portland, ME)
Atlantic v. Does 1-25(New York, NY)
Atlantic v. Howell (Phoenix, AZ)(pro se)
Atlantic v. Huggins(Brooklyn, NY)
Atlantic v. Lenentine (Portland, ME)
Atlantic v. Myers (Jackson, MS)
Atlantic v. Njuguna (Charleston, SC)
Atlantic v. Serrano (San Diego, CA)
Atlantic v. Shutovsky (New York, NY)
Atlantic v. Zuleta (Atlanta, GA)
BMG v. Conklin (Pro se case in Houston, TX)
BMG v. Doe (Canada)
BMG v. Does (E. D. Pa. CV 04-650)
BMG v. Does 1-10 (Raleigh, NC)
BMG v. Gonzalez (USCA 7th Cir.)
BMG v. Thao (Chicago, IL)
Capitol v. Does 1-16 (D. New Mexico)
Capitol v. Fanguiaire (Boston, MA)
Capitol v. Foster (Oklahoma)
Capitol v. Frye (Winston Salem, NC)
Capitol v. Laude (Portland, ME)
Capitol v. Sitaras (Brooklyn, NY)
Capitol v. Thomas (formerly Virgin v. Thomas)(Duluth, MN)
Capitol v. Weed (Phoenix, AZ)
Elektra v. Barker (New York, NY)
Elektra v. Dennis (Jackson, MS)
Elektra v. Does 1-9 (Closed)
Elektra v. Harless (Detroit, MI)
Elektra v. Licata, Cincinnati, OH
Elektra v. McCall (Minnesota)
Elektra v. McDowell (Columbus, GA)
Elektra v. O'Brien (C.D. CA)
Elektra v. Perez (Oregon)
Elektra v. Santangelo (White Plains, NY)
Elektra v. Santangelo II (White Plains, NY)
Elektra v. Schwartz (Brooklyn, NY)
Elektra v. Torres (Brooklyn, NY)
Elektra v. Werry (Providence, Rhode Island)
Elektra v. Wilke (Chicago, IL)
Fonovisa v. Alvarez (Abilene, TX)
Fonovisa v. Does 1-9 (Pittsburgh, PA)
Fonovisa v. Does 1-41 (Austin, TX)
Foundation v. UPC Nederland (Netherlands, District Court of Utrecht)
Greenbaum v. Google (New York, NY)
Interscope v. Does 1-100(New York, NY)
Interscope v. Does 1-7 (Newport News, VA)
Interscope v. Does 1-40 (Tampa FL)
Interscope v. Duty (Arizona)
Interscope v. Kimmel (NDNY Binghamton Divis.)
Interscope v. Korb (Charleston, SC)
Interscope v. Leadbetter (Seattle, WA)
Interscope v. Rodriguez (San Diego, CA)
LaFace v. Does 1-5 (Kalamazoo, MI, and Marquette, MI)
LaFace v. Does 1-14 (Arizona)
LaFace v. Does 1-17 (Boston, MA)
LaFace v. Does 1-38 (Raleigh, NC)
Lava v. Amurao (White Plains, NY)
Lava v. Amurao II (White Plains, NY)
Lewan v. Sharman (Chicago, IL)(class action against Kazaa)
London-Sire v. Doe 1 (Boston, MA) See Arista v. Does 1-21 (Boston, MA)
Loud v. Does (New York, NY)
Loud v. Sanchez (Tucson, AZ)
Maverick v. Becker (Brooklyn, NY)
Maverick v. Chowdhury (Brooklyn, NY)
Maverick v. Goldshteyn (Brooklyn, NY)
MGM v. Grokster (C.D. California)
Motown v. DePietro (Pro Se Case) (Philadelphia, PA)
Motown v. Does 1-99 (New York, NY)
Motown v. Liggins (M.D. Alabama)
Motown v. Lisberg, (Los Angeles, CA
Motown v. Nelson (Detroit, MI)
Priority v. Beer (Columbus, GA)
Priority v. Chan (Detroit, MI)(Closed)
Priority v. Chan II (Detroit, MI)
Priority v. Vines (Indianapolis, IN)
SONY v. Arellanes (Sherman, TX)
SONY v. Crain (Beaumont, TX)
SONY v. DeMaria (Charleston, SC)
SONY v. Does 1-5 (Los Angeles, CA)
SONY v. Does 1-10 (Fresno, CA)
SONY v. Does 1-40(New York, NY) SDNY 04cv473(Closed)
SONY v. Merchant (California)
SONY V. Reese (Houston, TX)
SONY v. Scimeca (Newark, NJ) (Closed)
UMG v. Del Cid (Tampa, FL)
UMG v. Guin (Brooklyn, NY)
UMG v. Heard (Birmingham, Alabama)
UMG v. Hernandez (Brooklyn, NY)
UMG v. Hightower (Houston, TX)
UMG v. Hummer Winblad (San Francisco, CA)(Case Against Napster Investors)
UMG v. Landau (Utica, NY)
UMG v. Lindor (Brooklyn, NY)
Universal v. Hogan (San Diego, CA)(MPAA case)
Virgin v. Does 1-33 (Knoxville, TN)
Virgin v. Marson (Central Dist. California, Western Divis.)
Virgin v. Morgan (Pensacola, FL)
Virgin v. Thomas (Duluth, MN)
Virgin v. Thompson (W.D. TX)
Warner v. Attal (Brooklyn, NY)
Warner v. Berry (New York, NY)
Warner v. Cassin (White Plains, NY)
Warner v. DeWitt (N.D. Ill. Eastern Div.)
Warner v. Does 1-149 (New York, NY)
Warner v. Lewis (Lafayette, LA)
Warner v. Maravilla (C.D. California)
Warner v. Paladuk (E. D. Michigan)
Warner v. Payne (Waco, TX)
Warner v. Pidgeon (E. D. Michigan, Southern Div.)
Warner v. Scantlebury E.D. Michigan, Southern Division)
Warner v. Stubbs (Oklahoma City, OK)
Amended complaint*
Defendants' Memorandum of Law in Support of Motion to Dismiss Complaint*
Defendant's Memorandum of Law in Opposition to Motion to Dismiss*
February 19, 2008, Order Dismissing Complaint, Granting Leave to Replead*
Unofficial transcript of February 13, 2008, oral argument*
Second Amended Complaint*
Plaintiff's Status Report*
Third Amended Complaint*
Amended complaint*
Status report*
Motion to commence immediate discovery*
Moving memorandum of law*
RIAA opposition*
Movant's reply memo*
RIAA surreply memo*
April 14, 2008, Order of Magistrate Judge denying motion to quash*
John Doe #9 Motion to Dismiss Complaint, Vacate Order, Quash Subpoena*
John Doe #9 Motion for Stay*
John Doe #5 Motion to Dismiss Complaint, Vacate Order, Quash Subpoena*
John Doe #5 Motion for Stay*
November 29, 2007, Order Granting Stay of Subpoena*
RIAA Opposition Memo*
Defendants' Reply Memo*
April 18, 2008, Order and Opinion of Magistrate Judge Mark R. Abel, dismissing complaint as to John Does 2-9*
Motion for reconsideration*
Motion for stay*
RIAA Memorandum of Law in Opposition to Motion to Quash*
Reply Papers in Support of Motion to Vacate and Quash*
Expert Witness Declaration of Jayson Street*
Attachment 1 -- November 2004 Order in Fonovisa v. Does*
RIAA Motion for 2-week extension of time*
Defendants' opposition to RIAA Motion for 2-week extension of time*
Declaration of Moshe D. Rothman in Opposition to Motion to Quash*
RIAA Memorandum of Law in Opposition to Motion to Quash*
Exhibit 3 List of Ex Parte Orders*
Defendants' Motion to Strike Pleadings*
RIAA's Opposition to Motion to Strike*
Defendants' Reply Brief in Support of Motion to Strike RIAA's Pleadings*
November 14, 2007, Order Denying Motion to Vacate and to Quash*
RIAA Application for order to show cause and conference*
Exhibit (January 31, 2008, letter of Marilyn Barringer-Thomson*
February 12, 2008, Order to Show Cause*
Complaint in Capitol v. Does 1-10*
May 23, 2007, Letter of Joseph Hazelbaker to Ohio University*
Motion to quash*
November 5, 2007, Decision of Magistrate Judge Denying Motion to quash*
University of Oregon's Memorandum of Law in Support of Motion to Quash*
RIAA's opposition to motion to quash*
Oregon Attorney General Reply Memorandum of Law*
Oregon Attorney General Reply Affidavit*
Exhibit F (Excerpt from Doug Jacobson deposition transcript in UMG v. Lindor)*
Exhibit H (Draft Interrogatories)*
Surreply Memo in Opposition to Oregon Attorney General's Request for Discovery*
Motion to Strike Oregon Attorney General's Request for Discovery*
Notice of supplemental authority*
Motion by John Doe #3 to Vacate Ex Parte Order, Quash Subpoena, and Dismiss Complaint*
November 15, 2007, Order to Show Cause*
RIAA response to order to show cause*
Response to RIAA response*
Reply Memorandum in Support of Dismissal of Complaint for failure to state claim and misjoinder*
April 28, 2008, order and opinion denying motion to vacate ex parte discovery order* (-- F. Supp. 2d --, 2008 WL 1851772)
Consolidation order*
Memorandum of Law in Support of Motion to Vacate Ex Parte Discovery Order and Subpoena*
Memorandum of Law in Oppposition*
Reply Memorandum in Support of Motion to Vacate and Quash*
Reply Declaration of Jesse Robert Stengel*
Reply Declaration of Prof. Azer Bestavros*
Defendant's supplemental memorandum of law in support of motion to quash*
Amicus Curiae Brief in support of John Doe's motion to quash, submitted by Electronic Frontier Foundation*
RIAA brief in opposition to EFF motion for leave to file amicus curiae brief*
Order granting leave to file amicus curiae brief*
RIAA brief in opposition to John Does' supplemental brief*
1919 Opinions of Attorney General 256* (November 10, 1919)(Document referred to in above brief)
RIAA brief in opposition to amicus curiae brief submitted by Electronic Frontier Foundation*
Reply memorandum of law of "John Does"*
March 31, 2008, Decision* (--- F.Supp.2d ----, 2008 WL 887491)
(Alternate link)
January 2, 2008, cease and desist letter*
RIAA Motion for reconsideration*
Plaintiffs' opposition to motion to strike Linares declarations*
Reply in support of motion to strike Linares declarations*
Declaration of Carlos Linares in support of Ex Parte Motion for Discovery of Student Identities*
Proposed Order*
Defendants' Motion to Stay Subpoena*
Reply Memorandum on behalf of "John Does 16 & 18" in support of motion to dismiss complaint*
Reply Memorandum on behalf of "John Does 2, 3, 6, 7, 8, 15, 22, and 23" in support of motion to dismiss complaint*
January 25, 2008, Recommendation of Magistrate Judge sustaining complaint and recommending order to show cause for Rule 11 violation*
Objections of Defendants John Doe #16 and 18 to January 25, 2008, Recommendation of Magistrate Judge Kravchuk*
RIAA Brief responding to Brief of John Does 16 and 18*
February 28, 2008, Letter of Robert Mittel to Hon. John A. Woodcock, Jr.*
RIAA opposition to Rule 11 motion*
Reply memorandum*
March 8, 2007, Letter of Richard Guida to Judge Trager*
March 15, 2007, Letter of Richard Altman to Judge Trager*
RIAA Opposition Memo*
Greubel Reply Memo*
September 1, 2006, Decision Denying Motion to Dismiss Complaint* (Also published at 453 F. Supp. 2d 961)
(Alternate link hosted by BNA)
Answer of David Greubel*
Stipulation of dismissal with prejudice*
Answer and Counterclaim of Lime Wire defendants*
October 16, 2006, Case Management Order*
Lime Wire's First Amended Counterclaims*
Plaintiff's memorandum of law in support of motion to dismiss counterclaims*
Defendants' Memorandum of Law in Opposition to Motion to Dismiss Counterclaims*
February 8, 2007, Order, Denying Plaintiffs' Application for Stay of Discovery*
February 15, 2007, Reply Memorandum of Law*
Case Management Order Entered June 18, 2007*
October 19, 2007, Letter re Discovery Disputes*
December 3, 2007, Decision Dismissing Antitrust Counterclaims*
December 11, 2007, Scheduling Order*
April 2, 2008, scheduling order*
August 23, 2006, Decision Granting Default Judgment Based on Spoliation of Evidence*
(Alternate Link)(Hosted by Internet Law & Regulation)*
Plaintiff's Memorandum of Law In Support of Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Dismiss Counterclaims*
Defendant's Amended Answer and Counterclaims
(Alternate link)*
Order Limiting Hard Drive Inspection*
Revised Order Permitting Hard Drive Inspection*
October 17, 2006, Declaration of Tanya Andersen*
December 13, 2006, Order*
RIAA Opposition to Limitation of Depositions*
Ms. Andersen's Response*
Lybeck Declaration*
Order granting limitations on deposition of child and disabled person
Defendant's Amended Answer and Counterclaims*
RIAA Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law In Opposition to Motion to Dismiss Counterclaims*
Stipulation of Dismissal With Prejudice*
Decision of Magistrate Judge Granting Defendant's Attorneys Fees Motion* (Westlaw cite: 2008 WL 185806)
RIAA's Objection to Magistrate's Order Permitting Counterclaims to be Withdrawn Without Prejudice*
RIAA Objection to Magistrate's Order Granting Ms. Andersen's Attorneys Fees Motion*
January 14, 2008, Order and Decision permitting dismissal of counterclaims without prejudice* (Westlaw Cite: 2008 WL 151825)
January 16, 2008, Order and Opinion Affirming Magistrate's Recommendations and Granting Defendant's Motion for Attorneys Fees* (Westlaw cite: 2008 WL 185806)
Declaration of Lory Lybeck*
Defendant's brief*
Plaintiffs' expert witness's declaration*
Plaintiffs' opposition brief*
Lory Lybeck reply declaration*
Tanya Andersen reply declaration*
Defendant's reply brief*
May 14, 2008, Opinion and Order awarding defendant $107,834.00 in attorneys fees*
Defendant's opposition papers*
RIAA Request for Default*
RIAA Motion for Default Judgment*
February 1, 2007, Order, Denying RIAA Motion for Default Judgment*
Answer and Counterclaims*
Plaintiffs' Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss Counterclaims*
Reply Memorandum of Law in Support of Motion to Dismiss Counterclaims*
June 21, 2007, Expert Witness Designation by Plaintiffs*
Unopposed Motion for Extension of Time*
Order Granting Dept. of Justice 60 days to Intervene*
Notice of Settlement filed August 1, 2007*
RIAA memorandum in support of motion to dismiss counterclaims*
May 6, 2008, Order and Opinion denying motion to dismiss counterclaims*
Motion for Reconsideration*
Declaration of Timothy Reynolds in Support of Motion for Reconsideration*
Declaration of MediaSentry's Elizabeth Hardwick in Support of Motion for Reconsideration*
Motion for status conference*
April 14, 2008, Order Denying Motion for "Reconsideration"*
Amended complaint (with no page 3)*
Amended complaint*
RIAA's Memorandum of Law in Support of Motion for Reconsideration*
Hardwick Declaration in Support of Motion for Reconsideration*
Train-Gutierrez Declaration in Support of Motion for Reconsideration*
Exhibit (AOL Letter) in Support of Motion for Reconsideration*
Order granting reconsideration and motion for default judgment*
Exhibit A (Original Complaint in Arista v. LimeWire)*
Exhibit B (November 2006 Report to USPTO on Filesharing Programs)*
May 21, 2007, Order Dismissing Counterclaims for Declaratory Judgment and Copyright Misuse*
Affidavit of Theodore G. Fletcher*
Motion to vacate and quash*
Exhibit B*
RIAA opposition memo*
Defendant's reply memo*
Notice of Motion to Vacate Ex Parte Order*
(Alternate link)(Alternate link #2)
Affidavit of Zi Mei in Support of Motion*
(Alternate link)
Affidavit of Ty Rogers In Support of Motion*
(Alternate link)
Exhibit A*
Exhibit B*
Exhibit C*
Exhibit D*
Exhibit 1 to Exhibit D (part 1)*
Exhibit 1 to Exhibit D (part 2)*
Exhibit 1 to Exhibit D (part 3)*
Exhibit 1 to Exhibit D (part 4)*
Exhibit 1 to Exhibit D (part 5)*
Exhibit 1 to Exhibit D (part 6)*
Exhibit E*
Exhibit F*
Exhibit G*
Memorandum of Law In Support of Motion to Vacate Ex Parte Discovery Order*
(Alternate link)
Appendix 1 to Memorandum of Law*
Appendix 2 to Memorandum of Law*
Appendix 3 to Memorandum of Law*
Declaration of Jonathan Whithead in Opposition*
Exhibit A*
Exhibit B*
Reply Memorandum of Law of John Doe #8 in Further Support of Motion to Vacate Ex Parte Discovery Order*
Reply Affidavit of Zi Mei in Further Support of Motion to Vacate Ex Parte Discovery Order*
Exhibit A (FTC Testimony of RIAA That File Sharers Are Unaware They are Sharing)*
June 6, 2006, decision denying motion to vacate ex parte discovery order*
August 31, 2007, Reconsideration Motion*
October 3, 2007, Directing Briefing of 4 Questions*
September 27, 2007, Order Granting Reconsideration and Vacating August 20th Order*
Defendant's Motion to Continue*
Order Scheduling Oral Argument for November 30th*
Defendant's Motion to Continue*
Order Denying Defendant's Motion to Continue, Scheduling Hearing for December 14th at 3:00 P.M., and Fixing December 7th as Cutoff Date for Supplemental Briefs*
RIAA Supplemental Brief*
December 10, 2007, Order*
Amicus Curiae Brief of Electronic Frontier Foundation in Opposition to Plaintiffs' Motion for Summary Judgment*
Alternate link
Plaintiffs' brief responding to EFF amicus curiae brief*
RIAA motion to compel hard drive inspection*
April 14, 2008, order scheduling RIAA motion to compel hard drive inspection*
Defendant's response to motion for examination of hard drive and cd's*
April 22, 2008, Order granting unopposed motion for examination of hard drive and cd's*
April 28, 2008, order scheduling final pretrial conference*
April 29, 2008, Decision, Denying RIAA Motion for Summary Judgment* (2008 ILRWeb (P&F) 1665)
Shook Hardy Bacon pro haec vice motion:
Miller declaration,
Notice of motion, and
Proposed order.
Opposing papers:
Affidavit in opposition.
Exhibits to the opposition papers:
Exhibit A*
Exhibit B*
Exhibit C*
Exhibit D*
Exhibit E*
Exhibit F*
Exhibit G*
Exhibit H*
Judge's Decision Granting Pro Hac Vice Motion.
Letter to Magistrate Judge asking him to require RIAA to produce a corporate officer of plaintiffs, with settlement authority, to appear at settlement conference.
Letter to Judge Trager requesting dismissal of Complaint.
October 5, 2005, letter opposing request for conference
(Alternate link)
October 6, 2005 letter of RIAA lawyers asking permission for Missouri lawyer to participate by phone & for RIAA representative not to appear at all
(Alternate link)
October 6, 2005, order of Magistrate Judge Robert M. Levy.
(Alternate link)
October 7, 2005, Docket Entry
RIAA Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss Counterclaims*
Defendant's Supplemental Memorandum of Law in Opposition to Motion to Dismiss Counterclaims*
RIAA Reply Memorandum of Law in Support of its Motion to Dismiss Counterclaims*
Memorandum of Law in Support of Defendant's Motion to Dismiss Complaint For Failure to State Claim and Violation of Due Process*
Opposition to Motion for Judgment on Pleadings Dismissing Complaint*
Cross-motion for Leave to File Amended Complaint*
Proposed Amended Complaint*
Reply Memorandum in Support of Motion for Judgment on Pleadings Dismissing Complaint*
Defendant's response to RIAA's motion for permission to amend complaint*
July 26, 2007, Joint Letter Submitting Discovery Disputes*
July 30, 2007, Order of Hon. P. Kevin Castel*
February 6, 2008, Memo Endorsed Order of Hon. P. Kevin Castel*
Amended Answer and Counterclaim of Francisco Zuleta*
Stipulation of Dismissal*
Evidence of filing of Stipulation of Dismissal*
Opposition*
Order*
(Alternate Link)(HTML)
Deposition of Media Sentry President Gary Millin*
Second Order Denying Joinder
Fax*
Letter*
September 9, 2007, Order, Requiring 40 days Notice and Full Sets of Papers for John Doe defendants*
September 8, 2005, Decision*
October 5, 2005, Decision Denying RIAA's Motion to Strike Counterclaim for Declaratory Judgment*
Answer and counterclaims*
RIAA Motion to Dismiss Counterclaims*
Defendant's response to Motion to Dismiss Counterclaims*
July 13, 2006, Order Dismissing Case and Finding Defendant to be Eligible for Award of Attorneys Fees against Plaintiffs*
Memorandum of Law in Support of Deborah Foster's Motion for Attorneys Fees*
Declaration of Richard B. Wilkinson in Support of Deborah Foster's Motion for Attorneys Fees*
Amicus curiae brief submitted, by EFF, ACLU, AALL, Public Citizen, and ACLU of Oklahoma Foundation in Support of Debbie Foster Motion for Attorneys Fees*
(Alernate link)
August 14, 2006, Declaration of Marilyn Barringer-Thomson*
RIAA Opposition to Motion for Leave to File Amicus Curiae Brief*
Request for Judicial Notice and Response to RIAA's Opposition to Court's Acceptance of Amicus Curiae Brief*
Plaintiffs' Opposition to Defendant's Motion for Attorney's Fees*
Defendant's Motion for Leave to File Reply*
February 6, 2007, Order and Decision* (Westlaw Cite: 2007 WL 1028532)
Plaintiff's "Status Report"*
February 15, 2007, Order, Fixing Schedule for (a) Plaintiffs to Complete Discovery on Reasonableness of Defendant's Attorneys Fees, and (b) Defendant to File Supplemental Request for Additional Fees*
RIAA Motion to "Reconsider" Order Granting Attorneys Fees Motion*
RIAA Motion to "Clarify" Scheduling Order*
Ms. Foster's Motion to Modify Scheduling Order*
Ms. Foster's Objections to RIAA's Motion to "Clarify"*
Defendant's Motion to Compel Production of RIAA's Attorneys' Billing Records*
February 26, 2007, Order, Directing Plaintiffs to Respond to Defendant's Motion to Compel by March 1, 2007*
February 27, 2007, Order Denying "Clarification" Motion*
Defendant's Objections to RIAA's "Reconsideration" Motion*
Advisory Regarding RIAA's Default*
Opposition to Motion to Compel Turnover of Billing Records*
Plaintiffs' Motion for Leave to file Reply*
March 15, 2007, Decision and Order Directing Production of RIAA's attorneys' billing records*
March 15, 2007, Order, Granting Leave to File Reply Brief*
Motion to Compel Compliance with March 15th order*
RIAA Reply Papers in Further Support of Reconsideration Motion*
Opposition to Motion to Compel*
RIAA Protective Order Motion*
March 22, 2007, Order, Granting Motion to Compel, Rejecting Request to Place Documents Under Seal, and Directing that Documents are Confidential Pending Further Order of the Court*
Defendant's Motion to (a) Preclude Expert Testimony by Plaintiffs or (b) Compel Expert Discovery*
RIAA Opposition Papers*
Defendant's Motion to Strike RIAA Opposition Papers*
March 29, 2007, Order Granting Motion to Compel*
March 30, 2007, Order Denying Motion for Extension as Moot*
April 3, 2007, Objections to RIAA's Motion for Protective Order*
Notice of deposition*
Motion to quash deposition notice*
Plaintiffs' Motion for Leave to Serve Reply Papers*
Order granting Plaintiffs' Motion for Leave to Serve Reply Papers*
April 6, 2007, Order Partially Granting Motion to Quash Deposition Notice*
April 10, 2007, Decision, Granting Motion for Confidentiality of Attorneys' Billing Records*
April 10, 2007, Protective Order*
April 23, 2007, Decision and Order Denying RIAA Reconsideration Motion* (Westlaw Cite: 2007 WL 1223826)
Supplemental Fee Application*
Declaration in Support of Supplemental Fee Application*
June 20, 2007, Order, Granting RIAA Request for Evidentiary Hearing*
July 2, 2007, Order, Scheduling Evidentiary Hearing for July 5th*
July 16, 2007, Order and Decision Directing RIAA to Pay $68,685.23 in Attorneys Fees*
Motion for Judgment Awarding Atttorneys Fees*
August 14, 2007, Statement of No Objection by RIAA*
Order Granting Motion for Judgment to be Entered on Attorneys Fees*
Judgment for Attorneys Fees*
Ms. Foster's Motion to Amend Judgment*
RIAA's Motion to Deem Judgment Satisfied*
Exhibit A to RIAA's Motion to Deem Judgment Satisfied (Cover letter + check)*
Order Partially Granting and Partially Denying Motion to Amend Judgment*
September 10, 2007, Order Denying Motion to Deem Judgment Satisfied*
Amended Proof of Payment*
Motion to dismiss complaint*
Opposition papers*
Reply papers*
Supplemental authority submitted by defendant*
RIAA response to supplemental authority*
Motion for leave to interpose counterclaims*
Opposition papers*
Reply papers*
Stipulated protective order for examination of defendant's hard drive*
April 21, 2008, opinion and order partially granting and partially denying motion for leave to amend answer* (2008 WL 1820667)
Amended answer and counterclaims*
Original Rule 7.1 Statement*
Amended Rule 7.1 Statement*
Exhibit A*
Exhibit B, part 1*
Exhibit B, part 2*
Memorandum of Law in Support of Motion to Dismiss Complaint*
Opposition to Motion to Dismiss Complaint*
Defendant's Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
February 15, 2006, letter of Fred von Lohmann of Electronic Frontier Foundation, requesting permission to serve amicus curiae brief in support of Ms. Barker's dismissal motion*
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Dismissal Motion*
(Alternate link)
Amicus Curiae Brief of Computer & Communications Industry Association and U. S. Internet Industry Association*
Defendant's Memorandum of Law Commenting on Amicus Briefs*
RIAA Brief Responding to Amicus Brief of Computer & Communications Industry Association and Internet Industry Association*
MPAA Amicus brief*
April 4, 2006, letter of Assistant U. S. Attorney Rebecca C. Martin*
"Statement of Interest" of United States Department of Justice*
Memorandum of Law of Defendant Tenise Barker in Response to Statement of Interest of United States of America*
November 28, 2006, Order of Hon. Kenneth M. Karas*
January 9, 2007, Letter of Richard L. Gabriel, with copy of US v. Shaffer*
January 10, 2007, Letter of Morlan Ty Rogers, with copy of RIAA's November 15, 2004, testimony to FTC P2P File Sharing Workship*
Docket Entry. Oral Argument held. Decision reserved. Hon. Kenneth M. Karas*
Elektra v. Barker Jan. 26, 2007, argument, transcript request form*
Transcript of January 26, 2007, Proceedings, Elektra v. Barker 1:05-cv-7340 KMK (USDC, SDNY)*
August 22, 2007, Letter of Richard J. Guida in Elektra v. Barker Transmitting Atlantic v. Howell*
August 24, 2007, Letter of Ray Beckerman Responding to Guida Letter*
August 28, 2007, Letter of Ray Beckerman to Judge Karas in Elektra v. Barker (Latin American Music decision)*
August 29, 2007, Letter of Richard Gabriel (re Latin American Music case)*
September 12, 2007, Letter of Brian E. Moran to Hon. Kenneth M. Karas*
October 4, 2007, Letter of Morlan Ty Rogers (Submitting Copy of September 27, 2007, order in Atlantic v. Howell)*
October 15, 2007, Letter of Richard L. Gabriel to Hon. Kenneth M. Karas (Citing Jury Instruction)*
October 15, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas (Re RIAAs's Citation to Jury Instruction)*
February 25, 2008, Letter of Ray Beckerman to Hon. Kenneth M. Karas in Elektra v. Barker*
February 28, 2008, Letter of Brian E. Moran to Hon. Kenneth M. Karas in Elektra v. Barker*
March 17, 2007, letter of Victor B. Kao to Hon. Kenneth M. Karas (Asking judge to lift stay of discovery in Elektra v. Barker)*
March 31, 2008, Decision of Hon. Kenneth M. Karas, Denying Motion to Dismiss Complaint and Granting Leave to Replead* (2008 WL 857527)
Notice of reassignment*
Sipulation and order extending time to answer*
April 11, 2008, Letter of Ray Beckerman to Hon. Richard J. Sullivan (re 1292(b) motion for interlocutory appeal)*
April 17, 2008, Letter of Victor B. Kao to Hon. Richard J. Sullivan (opposition to interlocutory appeal)*
April 18, 2008, order, scheduling status report and time to answer*
Amended complaint*
Motion to Dismiss Complaint or for Summary Judgment Dismissing Complaint*
Defendant's Brief in Support of Motion to Dismiss Complaint or for Summary Judgment Dismissing Complaint*
Defendant's Affidavit in Support of Summary Judgment Dismissing Complaint*
Plaintiffs' Memorandum of Law Consenting to Dismissal "Without Prejudice"*
Motion to dismiss complaint*
Plaintiffs' memorandum in opposition to motion to dismiss*
Defendant's reply memorandum in support of motion to dismiss*
RIAA memorandum of law in support of motion to voluntarily dismiss*
Defendant'a opposition to RIAA's motion to dismiss "without prejudice"*
Answer*
Defendant's Opposition to Motion for Summary Judgment*
November 6, 2007, Order, Granting in Part, and Denying in Part, RIAA's Motion for Summary Judgment* (2007 WL 3286622)
Plaintiffs' memorandum of law in support of initial motion to dismiss defendant's counterclaim for attorneys fees*
Defendant's memorandum of law in opposition to plaintiff's initial motion to dismiss defendant's counterclaim for attorneys fees*
Record of December 6, 2005, Order, Denying Plaintiffs' Motion to Dismiss Counterclaim, With Leave to Renew*
Plaintiffs' memorandum of law*
Defendant's memorandum of law*
Order denying defendant's motion to dismiss complaint, granting plaintiffs' motion for voluntary dismissal without prejudice* (Also reported at 2006 WL 3063493)
(Alternate link)
Exhibit A of Complaint
Exhibit B of Complaint, first part
Exhibit B of Complaint, cont'd
Exhibit B of Complaint, cont'd)
Transcript of May 6th court appearance
Notice of Motion to dismiss complaint
(Alternate link)
Memorandum of Law in support of motion to dismiss complaint
(Alternate link)
Affidavit of Morlan Ty Rogers in support of motion to dismiss complaint
Exhibit A (Complaint)
Exhibit A of Complaint
Exhibit B of Complaint, first part
Exhibit B of Complaint, cont'd
Exhibit B of Complaint, cont'd)
Plaintiff's Memorandum of Law in opposition to motion to dismiss complaint
Reply Memorandum of Law in support of motion to dismiss complaint
Revised Reply Memorandum of Law in support of motion to dismiss complaint
Letter of plaintiff's counsel requesting second oral argument and permission to submit additional papers
November 28, 2005, Order and Decision Denying Defendant's Motion to Dismiss Complaint* (Also published at 2005 WL 3199841 and 79 USPQ2d 1702)
(Alternate link)*
Answer*
Order Affirming Discovery Rulings of Magistrate Fox*
Docket Sheet November 4, 2006*
Notice of Motion to Dismiss without Prejudice*
Delcaration of Richard L. Gabriel in support of RIAA's Motion to Dismiss without Prejudice*
Memorandum of Law in support of RIAA's Motion to Dismiss without Prejudice*
Memo Endorsed, Filed February 21, 2007, Accepting Late-Filed Answering Papers*
Memorandum of Law in Opposition to Motion to Dismiss Without Prejudice, and in Favor of Cross Motion for Dismissal With Prejudice or for Jury Trial*
March 6, 2007, Letter of Richard Gabriel, and Memo Endorsed by Judge granting application*
Reply Declaration of Tom Mizzone of MediaSentry*
Reply Declaration of Richard Gabriel*
Reply Memorandum of Law*
Notice of Pre-Trial Conference*
Order Filed March 21, 2007, Denying Plaintiffs' Motion to Dismiss Without Prejudice*
Mystery Document (Stipulation of Dismissal Signed by Richard L. Gabriel only and filed as a "Notice")
"Memo Endorsed" Order Dated April 2, 2007, Advising defendant she is free to make motion to discontinue with prejudice*
Stipulation and Order entered April 9, 2007, dismissing case with prejudice except for issue of defendant's entitlement to attorneys fees*
Complaint Exhibit A*
Complaint Notation that Exhibit B has not been filed electronically*
Rule 26(f) Discovery Plan*
Addendum to Rule 26(f) Discovery Plan*
Motion for default judgment*
Request for entry of default*
January 10, 2007, Default Judgment*
Answer and Counterclaim*
Exhibit A to Answer and Counterclaim*
Exhibit B to Answer and Counterclaim*
January 31, 2007, Order of Judge Robinson granting motion of Jordan Glass for admission pro hac vice*
May 15, 2007, Memo endorsed Order denying application for judgment debtor exam*
July 9, 2007, Joint Letter of Plaintiffs and Defendant*
July 13, 2007, Scheduling Order*
July 18, 2007, Declaration of Richard L. Gabriel*
Minute entry for July 13, 2007, conference, vacating default judgment*
Answer and Counterclaims of Michelle Santangelo*
Affirmation of Jordan Glass in Opposition to RIAA Motion for Attorneys Fees*
Memorandum of Law in Opposition to RIAA Motion for Attorneys Fees*
Answer, Counterclaims, and Jury Demand*
RIAA Reply Memorandum in Support of Motion for Attorneys Fees in connection with Vacating of Default Judgment*
Defendants' Memorandum of Law in Support of Motion for Leave to Serve Third Party Complaint*
Memorandum of Law in Opposition to Motion for Leave to File 3rd Party Complaint*
Plaintiffs' Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendants' Reply Memorandum of Law in Support of Motion to Add Third Party Defendants*
Exhibit A (Affidavit of Service in Lewan v. Sharman)*
Exhibit B (Revised Proposed Third Party Complaint)*
Defendants' Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims*
Defendants' Memorandum of Law in Support of Motion for Leave to File Amended Answer and Counterclaims*
Exhibit A -- Defendants' Proposed First Amended Answer and Counterclaims*
October 19, 2007, Letter of Jordan D. Glass to Hon. Mark D. Fox*
October 23, 2007, Letter of Richard L. Gabriel to Hon. Mark D. Fox (Re Misstatement)*
October 23, 2007, Order of Hon. Mark D. Fox, Magistrate Judge, Establishing Discovery Dispute Procedures for the Case*
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Leave to Amend their Answer*
November 20, 2007, Letter Motion to Compel Discovery*
Minute entry for November 30, 2007, discovery conference before Magistrate Mark D. Fox*
Order denying RIAA motion for attorneys fees without prejudice*
February 15, 2008, Order and Decision of Hon. Mark D. Fox Denying Motion for Leave to Implead*
March 4, 2008, Order of Magistrate Judge Fox recommending denial of motion to add counterclaims*
Exhibit A to Answer and Counterclaim (Amicus Brief in Capitol Records v. Debbie Foster)*
October 28, 2006, Letter of Ray Beckerman to Judge Trager (In connection with summary judgment motion)*
November 1, 2006, Letter of Richard J. Guida to Judge Trager (In connection with summary judgment motion)*
November 17, 2006, Letter of Richard J. Guida*
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*
December 1, 2006, Letter of Ray Beckerman to Judge David G. Trager*
Elektra v. Wilke, Affidavit in Support of Motion for Expedited Discovery*
Elektra v. Wilke, Stipulation of Dismissal with Prejudice*
December 4, 2006, Order of Hon. David G. Trager*
December 7, 2006, Letter of Ray Beckerman to Judge Trager*
December 4, 2006, Order*
November 1, 2006, Letter of Richard J. Guida*
February 28, 2006, letter of America Online*
Defendant's Initial Disclosures*
December 11, 2006, Letter of Richard J. Guida to Judge David G. Trager*
December 12, 2006, Letter, Containing Briefing Schedule*
December 12, 2006, Order of Judge David G. Trager, Denying Reconsideration*
December 14, 2006, Order Staying Motion to Dismiss Counterclaim Pending Guardian Ad Litem Motion*
January 19, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*
February 2, 2007, Letter of Timothy M. Reynolds (Medical issues; RIAA request for expedited discovery)*
February 4, 2007, Letter of Ray Beckerman (Medical issues; RIAA request for expedited discovery; Electronic filing)*
February 5, 2007, Order of Magistrate Robert M. Levy, Ordering Electronic Filing, Fixing Conference, Ordering Defendant Counsel to furnish basis for appointment of Guardian Ad Litem*
February 16, 2007, Docket Entry of Order Scheduling Motion for Guardian Ad Litem*
Plaintiffs' Memorandum of Law in Response to Motion for Guardian Ad Litem*
March 2, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*
Exhibit A (Docket Report in Priority v. Chan II)*
Exhibit B (February 13, 2006, order in Priority v. Chan II)*
Exhibit C (March 27, 2006, order in Priority v. Chan II)*
Exhibit D (Amicus curiae brief of ACLU, Public Citizen, EFF, AALL, and ACLU-Oklahoma in Capitol v. Foster)*
Exhibit E (February 6, 2007, decision in Capitol v. Foster)*
Exhibit F (Excerpts from transcript of deposition of Dr. Doug Jacobson, UMG v. Lindor, February 23, 2007)*
April 12, 20067, Order of Magistrate Robert M. Levy Granting Defendant's Motion for Appointment of Guardian Ad Litem*
May 2, 2007, Order Appointing Guardian Ad Litem*
May 2, 2007, Order Setting Conference Date and Directing Parties to Send Letters*
May 7, 2007, Letter of Lisa J. Borodkin (Guardian Ad Litem Reading Materials)*
February 6, 2007, Decision in Capitol v. Foster*
April 23, 2007, Decision in Capitol v. Foster*
In Limine Motion in UMG v. Lindor*
May 9, 2007, Letter of Richard J. Guida (Submitting Reading Materials for Guardian Ad Litem)*
May 10, 2007, Letter of Ray Beckerman Moving to Strike Letter of Richard J. Guida*
May 10, 2007, Order Denying Motion to Strike Guida May 10th Letter*
June 1, 2007, Letter of Richard Guida ("Joint" Settlement Conference Request)*
June 3, 2007, Letter of Ray Beckerman (Opposing "Joint" Settlement Conference Request)(Elektra v. Schwartz)*
June 4, 2007, Letter of Richard Guida (Withdrawing Request for "Joint" Settlement Conference)(Elektra v. Schwartz)*
August 22, 2007, Letter of Richard L. Gabriel to Magistrate Judge Robert M. Levy*
September 7, 2007 Letter of Richard L. Gabriel to Magistrate Judge Robert M. Levy*
September 11, 2007, Order, Setting October 15th Teleconference*
September 20, 2007, Letter of Ray Beckerman to Hon. David G. Trager (re Motion for Judgment on Pleadings)*
September 20, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (re Request for Stay Pending Determination of Motion for Judgment on Pleadings)*
September 20th-21st email exchange*
October 1, 2007, Letter of Richard L. Gabriel to Hon. David G. Trager (Re Defendant's Motion for Judgment on Pleadings)*
Exhibit A, abbreviated version of September 20th-21st email exchange*
October 1, 2007, Letter of Richard L. Gabriel to Hon. Robert M. Levy (Re Motion for Stay During Pendency of Defendant's Motion for Judgment on the Pleadings)*
Exhibit A (Letter and enclosures to Judge Trager)*
October 1, 2007, Letter of Ray Beckerman to Hon. David G. Trager (Re Defendant's Motion for Judgment on Pleadings)*
Exhibit A, Omitted September 21, 2007, 2:56 P.M., email of Ray Beckerman*
October 1, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (Re Motion for Stay During Pendency of Defendant's Motion for Judgment on the Pleadings)*
October 3, 2007, Letter of Ray Beckerman to Hon. David G. Trager (Briefing Schedule for Motion for Judgment on Pleadings)*
October 11, 2007, Order of Hon. Robert M. Levy staying proceedings until November 13th status conference*
Notice of Motion (Dismissal of complaint pursuant to Fed. R. Civ. P. 12(c))*
Declaration of Ray Beckerman*
Memorandum of Law*
RIAA's Memorandum of Law in Opposition to Motion for Judgment on Pleadings*
Defendant's Reply Memorandum of Law in Support of Motion for Judgment on Pleadings*
November 13, 2007, Order, Denying Application for Immediate Discovery*
February 8, 2008, Letter of Richard L. Gabriel*
February 8, 2008, Letter of Ray B