Tuesday, November 13, 2007

RIAA's Motion for Immediate Discovery, Despite Pendency of Dismissal Motion, Denied in Elektra v. Schwartz

In Elektra v. Schwartz, despite the completed briefing of Ms. Schwartz's dismissal motion one business day earlier, the RIAA made applciation for immediate discovery. Magistrate Judge Robert M. Levy denied the RIAA's application.

November 13, 2007, Order, Denying Application for Immediate Discovery*

* Document published online at Internet Law & Regulation

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1 comment:

Anonymous said...

Seems like one small victory here. Sounds like the RIAA wants to rip discovery out of whomever they can, even when they may not have a valid case, in the desperate hope that somehow discovery will save their sagging fortunes through some Hail Mary revelation at the last moment by a non-party family member, or the computer itself. Glad to see that they've been stopped in the event that the case is dismissed. This, after all, seems proper. You must have a case before you get to perform discovery on presumed innocent parties.