Wednesday, April 15, 2009

RIAA tries to postpone appeal seeking attorneys fees against them in Lava Records v. Amurao

The RIAA lawyers are seeking an adjournment of the appellate argument scheduled to be conducted on May 19th at 2:00 PM in Manhattan in Lava Records v. Amurao, an appeal regarding an innocent defendant's right to attorneys fees.

The reason given for the request is that Timothy Reynolds has a trial scheduled to start May 18th in another case.

The papers (a) do not mention which case is scheduled for trial on May 18th, (b) do not say that Timothy Reynolds will be arguing the appeal, and (c) cite no legal authority for their position that a lower court trial is grounds for adjourning an appellate court argument.

According to Reynolds's papers, Mr. Amurao opposes the adjournment.

RIAA Application for adjournment of appellate argument
Timothy Reynolds declaration

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Another Kevin said...

Amurao's lawyer oughtn't to lower himself to the RIAA's level. If it's routine to grant the opposing attorney's request for an adjournment, let him grant it. I know that the RIAA makes a practice of opposing motions that common professional courtesy would have them stipulate, but if I were the judge, I'd be more disposed to look kindly on the side that's more obviously being polite. Amurao runs the risk of having the Judge say the legal equivalent of, 'a pox on both your houses!'

raybeckerman said...

Dear "Another Kevin"

1. It's not routine.

2. The 2nd Circuit rules specifically provide that no lower court proceeding is grounds to adjourn.

3. You have no idea how badly plaintiffs' counsel has behaved in this case; I do.

4. If the adjournment were granted the argument would be postponed to July.

5. After dragging this guy through the muck for NO REASON they are now torturing his daughter in the lower court.

6. Richard Altman is one of the finest lawyers I have ever known; Timothy Reynolds is about the worst lawyer I have ever known.

Don't judge when you don't know the facts.

Anonymous said...

Another Kevin, if the RIAA has time to go after Amurao's daughter, it has time for the appeal, too. To believe otherwise is simply absurd.

Also, why is the RIAA vague on details in its request? Maybe because it's an unreasonable one -- I'm not sure.

Also, I have no idea on the rules here, but why aren't they to postpone the the lower court and not this one?


Another Kevin said...

Ray, I simply missed that one proceeding was in an appellate court while the other one was in a lower court. Of course, the appellate proceeding should take precedence and the lower court is the one where the hearing should be continued. (And refusing to stipulate to that postponement would go beyond discourtesy to counsel and verge on frivolity.)

My bad. Carry on.