Monday, April 09, 2007

p2pnet Reports: Stipulation of Dismissal With Prejudice Signed in Patti Santangelo Case

Following the March 30th "mystery document", it now appears that that the attorneys for both sides in Elektra v. Santangelo have signed a stipulation of dismissal with prejudice, leaving open only the question of whether or not Ms. Santangelo will be awarded attorneys fees, and if so how much, according to this report by Jon Newton of p2pnet:

Patti Santangelo v RIAA: battle won? news:- Odds are that Patti Santangelo, the New York mother who was the first RIAA victim to make a determined stand against the Big 4, helped to no small extent by p2pnet readers who put their money where their mouths were, contributing thousands of dollars towards her legal costs, has won her battle to clear her name and show up the Big 4 for the bullies they are.

She and her lawyer, Jordan Glass, have signed and submitted a stipulation to dismiss with prejudice the case lodged against her by the RIAA, clearly taking their cue from the language of US federal district court judge Colleen McMahon's response to Glass's letter of March 31. In it, he wrote Patti would stipulate to a dismissal of any sort only if she retained the right to move for legal fees.

McMahon's language seemed to indicate it was time to end the farce, and the court had the power to entertain a motion for legal fees.

But even if judge McMahon grants the dismissal, and there's every reason to believe she will, that still leaves two of Patti's children, Michelle, 20, and Bobby, 16, in the direct line of fire.

"With prejudice" means the Big 4 wouldn't be able to re-start the case at some time in the future, and if judge McMahon decides to grants fees and costs, they could be heavy.
Complete article

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