Saturday, March 10, 2007

RIAA Motion for Default Judgment Denied in Corpus Christi, Texas, case, Atlantic v. Boggs

A new contested case has been started in Corpus Christi, Texas, Atlantic Recording v. James Michael Boggs.

The defendant initially was not represented by a lawyer. The RIAA tried to get a default judgment against him, falsely representing to the Court that he had not appeared, when in fact he had appeared at the Court's initial conference on December 20, 2006.

The Court denied the RIAA's default judgment motion, pointing out to them that, contrary to the RIAA's statements in its motion, the defendant had in fact appeared in the case.

Mr. Boggs is now represented by counsel, Charles Rogers of the Conley Rose law firm in Houston, Texas, and has asserted defenses and counterclaims.

Transcript of December 20, 2006, Court conference*
RIAA Request for Default*
RIAA Motion for Default Judgment*
February 1, 2007, Order, Denying RIAA Motion for Default Judgment*
Answer and Counterclaims*

* 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


Alter_Fritz said...

"Plaintiffs have further engaged in litigation misconduct and abuse of process in the instant action against Defendant Boggs by filing with this Court a Request to Enter Default (Docket No. 11) and Motion for Default Judgment (Docket No. 12) based on a false assertion that the Defendant Boggs had not appeared in this action. (See, e.g., Pls’ Mot. for Def. J. (Docket No. 12), January 25, 2007 Declaration of Lisa L. Honey at 1, ¶ 4 (“Defendant has not appeared in this action.”).) The record is clear that Plaintiffs’ counsel who signed the Declaration was aware at the time she signed her Declaration that Defendant Boggs had in fact appeared in this action by appearing in person at the Initial Pretrial and Scheduling Conference held on December 20, 2006. (See Minute Entry for Proceedings Held before Judge Janis Graham Jack. Initial Pretrial Conference Held on 12/20/2006 (Docket No. 7).) The Court's Minute Entry shows that Plaintiffs’ counsel was present at the Conference on behalf of the Plaintiffs, and Defendant Boggs “appeared in person.” Plaintiffs’ Request to Enter Default and Motion for Default Judgment was improper considering the fact that the Defendant Boggs appeared at the Initial Pretrial Conference and clearly indicated an intent to pursue a defense. Furthermore, these filings are based on knowingly false material statements of fact in the supporting Declaration (“Defendant has not appeared in this action”)."

What possible punishment can the "RIAA-Honey" face for this false representation of fact on the record? Or are the RIAA lawyers above the law because they have so much money already from the people to buy justice to get away with what they do now for over 3 years?!

StephenH said...

Interesting Counter Claim claiming that consumers are settled under the Sharman settlement.