Friday, April 17, 2009

Mr. Amurao opposes RIAA's request for adjournment, points out flaws & omissions in RIAA's request

In Lava Records v. Amurao, in response to the RIAA's request for an adjournment of the May 19th oral argument in the US Court of Appeals for the Second Circuit, Mr. Amurao has filed opposition papers, pointing out that the Court rules specifically prohibit using lower court proceedings as grounds for an adjournment request.

Additionally, the papers noted the vagueness of plaintiffs' request:

Appellees’ counsel’s sole stated reason for the requested postponement is that he is the lead counsel in a jury trial in an unnamed case, in an unnamed district court, beginning the week of May 18, and lasting for an unspecified amount of time. Under the rule, however, being engaged in a district court is not good cause for a postponement, and in any event, the motion “will ordinarily not be favorably entertained.” It is also curious that the declaration does not actually and unequivocally state that Mr. Reynolds will be the attorney arguing on behalf of the appellees, or, if he actually is, why no one else in his firm could do so if he is unavailable.

Declaration in opposition to adjournment request

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