In an Oklahoma case, Warner v. Stubbs, Judge Vicki Miles-LaGrange has permitted the RIAA to withdraw its case without prejudice, but denied the RIAA's motion to dismiss Ms. Stubbs's Counterclaim for a Declaratory Judgment of Non-Infringement:
March 13, 2007, Order, Granting So Much of Plaintiffs' Motion as Sought Dismissal of Their Complaint Without Prejudice, Denying So Much of Plaintiff's Motion as Sought Dismissal of Defendant's Counterclaim for a Declaratory Judgment*
This is the case in which the RIAA made its motion to withdraw the day after receiving Ms. Stubbs's answer and counterclaim.
Ms. Stubbs is represented by Marilyn Barringer-Thomson of Oklahoma City.
* Document published online at Internet Law & Regulation
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