Tuesday, October 23, 2007

RIAA Lawyers Try to Defend Against Accusation of Misstatement, say Judge Brieant's remarks on the record weren't really "analysis"

In Elektra v. Santangelo II, in response to Bobby and Michelle Santangelo's lawyer's accusation of having made a misstatement to Magistrate Fox when they said Judge Brieant had arrived at his conclusion in Lava v. Amurao without any analysis, the RIAA's attorneys have written a letter taking the position that Judge Brieant's remarks on the record as to the reasons for his decision did not qualify as "analysis".

In another development, Magistrate Fox issued an order setting the procedures for determination of discovery disputes.

October 23, 2007, Letter of Richard L. Gabriel to Hon. Mark D. Fox (Re Misstatement)*
October 23, 2007, Order of Hon. Mark D. Fox, Magistrate Judge, Establishing Discovery Dispute Procedures for the Case*

* Document published online at Internet Law & Regulation

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2 comments:

bbsux said...

What the...???

Is he trying to say that whole analysis that Judge Bryant did "doesn't exist", because it wasn't, on the same page as the "order", and because it wasn't read in the oral argument?

Ray Beckerman said...

I have no skills in being able to make sense out of things Mr. Gabriel says.