In UMG Recordings v. Lindor, where the RIAA made a motion for voluntary dismissal without prejudice and for "discovery sanctions" against Ms. Lindor and her attorney, Ms. Lindor has served her responsive papers.
Her papers accuse the RIAA of persistent misrepresentations of fact throughout its papers, of violating the rules, and of misstating the law.
She argued that the only reason the RIAA is seeking a "without prejudice" designation is to help give it a basis for arguing against its being assessed with attorneys fees.
Declaration of Ray Beckerman in opposition
Memorandum of law in opposition
Exhibit A-Jacobson testimony
Exhibit B-Marie Lindor testimony pp 30-36
Exhibit C-Marie Lindor testimony p 24
Exhibit D-Marie Lindor testimony p 27
Exhibit E-June 20, 2006 Email Ray Beckerman to Richard L. Gabriel (Hard Drive)
Exhibit F-Draft stipulation (Hard Drive)
Exhibit G-Defendant's application to Magistrate Judge Levy for Discovery Rulings(Hard Drive)(Plaintiffs' Defaults)
Exhibit H-August 3, 2006, reflecting July 25, 2006, discovery rulings
Exhibit I-Timothy M. Reynolds email refusing to provide copy of transcript
Exhibit J-Letter in which Richard L. Gabriel admits that he called Mr. Raymond's employers
Exhibit K-Defendant's objection to Gustave Lindor motion as "fishing expedition"
Exhibit L-Ray Beckerman to Hon. Robert M. Levy responding to RIAA cross-motion
Exhibit M-May 9, 2006, RIAA Email transmitting first draft of Hard Drive stipulation
Exhibit N-April 7, 2006, RIAA Email apologizing for delay in responding re Hard Drive inspection
Exhibit 0-December 20, 2007, objection by defendant to RIAA expert submitting 5th version of report containing new matter
Exhibit P-Errata Sheet accompanying deposition transcript of Yannick Raymond-Wright
Exhibit Q-Ars Technica eye witness report of RIAA lawyers consulting "Recording Industry vs. The People during Capitol Records v. Thomas trial
Exhibit R-Kent State University Student Legal Services Office site
Exhibit S-Digital Music Law Class at University of Ottawa School of Law, Professor DeBeer lesson plan
Exhibit T-Beckerman, Ray, "Large Recording Companies vs. The Defenseless: Some Common Sense Solutions to the Challenges of the RIAA Litigations", The Judges' Journal, Summer 2008 (American Bar Association--Judicial Section)
Exhibit U-Reynolds, Daniel, Note, "The RIAA Litigation War on File Sharing and Alternatives More Compatible with Public Morality", 9. Minn. J. L. Sci. Tech 977 (2008)
Exhibit V-MediaSentry inconsistent statements
Exhibit W-December 12, 2006, decision of Hon. Robert M. Levy, granting preclusion as to song files not produced in discovery, denying preclusion of proof by alternative means
Commentary & discussion:
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