We have just learned of a battle that has been raging in Tucson, Arizona, in Loud v. Sanchez.
The RIAA sued a middle aged man who has never engaged in p2p file sharing. During the course of the litigation they came to believe that his daughter, rather than he, had been engaged in filesharing.
They thereafter brought on a motion, last November, to amend their complaint -- not to drop the father as a defendant, but to add the daughter.
Thereafter, on April 10th of this year, they sought to withdraw their motion and drop the case entirely against the father, without prejudice, indicating an intention to bring a separate suit against the daughter.
Unbeknownst to them, however, the day before the Court had granted their motion for leave to amend to add the daughter.
Defendants thereafter filed an answer and counterclaims to the amended complaint, counterclaiming for (a) a declaratory judgment of non-infringement and (b) money damages for prima facie tort under Arizona law.
Plaintiffs' Motion to Amend Complaint*
Order signed April 9, 2007, and entered April 11, 2007, Granting Plaintiffs' Motion to Amend Complaint*
Plaintiffs' Notice Withdrawing Motion to Amend Complaint*
Defendants' Answer and Counterclaims*
Defendants are represented by Edwin Eloy Aguilar of the Karp Heurlin Weiss law firm in Tucson, Arizona.
* Document published online at Internet Law & Regulation
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