In Elektra v. Santangelo, the Judge of course did not sign off on the RIAA's "mystery document" filed last week, and instructed the defendant that she can make a motion to dismiss the case with prejudice.
Patti Santangelo had told the Court she had no objection to the RIAA's discontinuing the case "with prejudice", so long as she maintains the right to seek attorneys fees and costs.
"Memo Endorsed" Order Dated April 2, 2007, Advising defendant she is free to make motion to discontinue with prejudice*
Presumably the litigation will now move on to litigation over whether Ms. Santangelo is entitled to an attorneys fee award and in what amount. See Capitol v. Foster.
* Document published online at Internet Law & Regulation
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