The final pretrial conference was conducted today in SONY BMG Music Entertainment v. Tenenbaum, and it was determined that the trial will commence Monday, July 27th, as planned.
Additionally, Matthew Oppenheim was admitted pro haec vice, defendant requested reconsideration of the in limine motion to exclude the testimony of an ethnomusicologist, the Court took the motion under advisement, Atlantic Recordings was given permission to withdraw its claim, and the plaintiffs' partial summary judgment motion seeking dismissal of the fair use defense was taken under advisement.
This is the second RIAA case known to have gone to trial (however, only the RIAA knows for sure).
Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner: Final Pretrial Conference/hearing on all pending matters held on 7/20/2009....Plf Mtn for Atty Oppenheim to appear Pro-hac vice-allowed; Dft moves orally to reconsider endorsement re:expert Wayne Marshall-under advisement; Plf moves orally to drop claims re: Atlantic recordings-Allowed, Plf will file an electronic mtn immediately.....all other pending matters taken under advisement. Trial will go forward on Monday 7/27/09 at 9:00am. (Atty present: Oppenheim, Reynolds, Burton, Pariser, Nesson, Kamholtz)(Court Reporter: O'Hara.)(Attorneys present: Nesson,) (Molloy, Maryellen)
Atlantic Recording Notice of Dismissal
[Ed. note. The 'notice of dismissal' filed by Atlantic is peculiar. It does not specify that the claim is dismissed; it does not provide a place for the Judge to so order it; it does not state that the dismissal is with prejudice. -R.B.]
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