As noted yesterday, in Warner v. Cassin, the "making available" case that had been pending in Westchester, the RIAA voluntarily dismissed the case, giving no notice to the defendant's lawyer. Defendant's lawyer learned of it on June 11th, although it had been filed May 27th.
Today, June 12th, defendant's lawyer learned that on June 4th the RIAA commenced yet another action against the same family over the same exact allegation of copyright infringement, this time suing "Does 1-4". The name of the new case is Warner v. Does 1-4. The RIAA did not disclose to the Court, in the new case, that it was "related" to Warner v. Cassin. As a result, the new case was assigned to another judge, Hon. Charles L. Brieant.
Additionally, in the new action, plaintiffs filed an ex parte motion for discovery.
Defendant's lawyer wrote to Judge Robinson, advising him of what had occurred, and requesting that he recall his previous order and issue a new order making it clear that the dismissal in Warner v. Cassin was "on the merits" and "with prejudice", since that case was the second action involving this identical claim (the first being the Washington DC action in which Ms. Cassin was sued as a "Doe").
Defendant's lawyer also wrote to Judge Brieant, explaining the background, asking him to mark the case as "related" to Warner v. Cassin, asking him to refer the matter back to Judge Robinson, and arguing that the plaintiffs had filed the new case in order to:
-engage in forum shopping;
-do an end-run around the impending decision of the dismissal motion; and
-do an end-run around the stay of discovery.
[Ed. note. (1) You just can't make this stuff up. (2) Guess what the new complaint says about "making available"? Answer: nothing. -R.B.]
Complaint, Warner v. Does 1-4
Motion for discovery
Declaration of Laurie Rust
Declaration of Carlos Linares
Ex parte orders from other cases
June 12, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson (re recall of previous order)
June 12, 2008, Letter of Ray Beckerman to Hon. Charles L. Brieant (re referral of related case)
June 12, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson (re letter to Judge Brieant)
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