A very strange mystery document has turned up in Elektra v. Santangelo. This is the case in which Judge McMahon denied the RIAA's motion to dismiss "without prejudice", and said that it either had to prepare for trial and go to the pretrial conference on April 13th, or it had to enter into a stipulation of dismissal with prejudice no later than April 1st.
According to the court records the following bizarre mystery document was filed by the RIAA late Friday:
Mystery Document (Stipulation of Dismissal Signed by Richard L. Gabriel only and filed as a "Notice")
The lawyers among you will understand how bizarre this is. For the non-lawyers:
1. After the answer has been filed (which happened a long long time ago in this case) the only way a stipulation of dismissal can be entered into is if all parties sign it; this document was not signed by defendant's lawyer;
2. There is no such thing as electronic filing of a stipulation in this Court; any stipulation is supposed to be submitted to the Stipulations and Orders clerk by email for submission to the Judge.
* Document published online at Internet Law & Regulation
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