In UMG v. Lindor, a dispute erupted before Magistrate Levy this summer when the RIAA indicated it wanted to prove copyright infringement with respect to 38 songs, even though it had only been able to produce 11 song files in response to Ms. Lindor's document request. Ms. Lindor asked Magistrate Levy for an order precluding the RIAA from attempting to prove the additional 27 songs at trial:
July 28, 2006, Letter of RIAA*
July 28, 2006, Letter of Defendant*
August 1, 2006, Letter of RIAA*
August 1, 2006, Letter of Defendant*
August 4, 2006, Letter of RIAA*
August 4, 2006, Letter of Defendant*
Exhibit - Plaintiffs' Requests for Admissions, October 2005*
Exhibit - Defendant's Response to Plaintiffs' Requests for Admissions, March 2006*
Magistrate Levy ruled that since the application was for substantive relief, it had to be brought on formal motion before the presiding judge, Judge Trager:
August 6, 2006, memo endorsed Order of Magistrate Judge Levy*
The parties then briefed the motion in formal motion papers:
Notice of Motion*
Affidavit of Morlan Ty Rogers*
Opposition Affidavit of Richard L. Gabriel*
Memorandum of Law in Opposition*
Reply Affidavit of Morlan Ty Rogers*
Reply Memorandum of Law*
Exhibit A (Plaintiffs' Response to Defendant's First Interrogatories)*
Exhibt B (Plaintiffs' Response to Defendant's Followup Interrogatories)*
On November 22nd, Judge Trager referred the motion back to Magistrate Levy, for him to make a report and recommendation:
November 22, 2006, Order of Judge David G. Trager referring preclusion motion to Magistrate Judge Robert M. Levy*
* Document published online at Internet Law & Regulation
Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs
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