Wednesday, April 04, 2007

Santangelo Says No Dismissal With Prejudice Unless She Can Claim Attorneys Fees; Judge Says She Can Move to Dismiss With Prejudice

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

Commentary & discussion:

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4 comments:

Anonymous said...

Well, it seems these lost cases are starting to cost the riaa some big bucks....maybe the riaa should consider going to trial ;o)

Anonymous said...

Hmmm...it sounds like Gabrell tried to get Santangelo to sign a stipulation to withdrawal on the 29th and tried to say that the court directed the Santangelo to sign it. When she didn't, Gabriel filed it anyway.

It seems clear that the court did not direct Santangelo to sign such a stipulation but rather said that the RIAA should offer one or prepare for trial, but not that the defendant had an obligation to agree to the stipulation.

Ray Beckerman said...

A stipulation of dismissal with prejudice could only have been done pursuant to the agreement of all of the parties.

Gabriel's document was a nullity.

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