tag:blogger.com,1999:blog-15479871.post3609109914997407947..comments2024-03-19T05:51:45.838-04:00Comments on Recording Industry vs The People: RIAA Asks Permission to Serve Reply Papers to Bolster its "Reconsideration" Motion in Capitol v. Fosterraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-15479871.post-20889683193015956722007-03-17T18:00:00.000-04:002007-03-17T18:00:00.000-04:00CORRECTION-CORRECTION-CORRECTIONi changed my mind....CORRECTION-CORRECTION-CORRECTION<BR/><BR/>i changed my mind....<BR/><BR/>i do expect the reconsideration motion to be granted....<BR/><BR/>here is my prediction of what the ruling will be: "(1) the plaintiffs' motion for reconsideration is granted, (2) upon reconsideration, the original determination is adhered to"......<BR/><BR/>but i still do expect it to be unceremonious.....raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-48520209868842244332007-03-17T17:54:00.000-04:002007-03-17T17:54:00.000-04:00Meanwhile, reply papers on a 'reargument' motion a...Meanwhile, reply papers on a 'reargument' motion are inane..... <BR/><BR/>A reargument motion is based on showing the judge that he <I>overlooked</I> something. <BR/><BR/>If you haven't made a case for that in your initial moving papers, then you haven't made your case for reargument. Period.<BR/><BR/>What the defendant says in her opposition papers, or what the plaintiffs say in reply papers, is completely irrelevant......<BR/><BR/>I.e., it is but more frivolous paper.<BR/><BR/>When will the RIAA realize their lawyers are taking them for a ride?raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-74625623306032414652007-03-16T15:40:00.000-04:002007-03-16T15:40:00.000-04:00and why shouldn't Judge West have given permission...and why shouldn't Judge West have given permission to file more papers? If the plaintiffs pay for them...<BR/><BR/>He is entitled to a good laugh too, isn't he?<BR/>And if the plaintiffs think that such "manuevering" is good for them; oviously they don't see those waving flagpoles in the orders not.<BR/><BR/>;-)Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-21432830321890961502007-03-16T15:01:00.000-04:002007-03-16T15:01:00.000-04:00ah yes, got ahead of myself. Thanks for pointing o...ah yes, got ahead of myself. Thanks for pointing out the differencePaul in the CA Deserthttps://www.blogger.com/profile/13195793218423685352noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-78483702258566571312007-03-16T14:07:00.000-04:002007-03-16T14:07:00.000-04:00The motion hasn't been approved. Just permission t...The motion hasn't been approved. Just permission to file papers in support of the motion.Igorhttps://www.blogger.com/profile/09007978718967707816noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-52647999471789087452007-03-16T13:54:00.000-04:002007-03-16T13:54:00.000-04:00And yet it was unceremoniously approved :(And yet it was unceremoniously approved :(Paul in the CA Deserthttps://www.blogger.com/profile/13195793218423685352noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-68898622523736102512007-03-15T22:39:00.000-04:002007-03-15T22:39:00.000-04:00Yes this motion for "reconsideration" is procedura...Yes this motion for "reconsideration" is procedurally incorrect, totally out of line, and frivolous.<BR/><BR/>Yes it will be unceremoniously denied.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-13640253599439919462007-03-15T19:59:00.000-04:002007-03-15T19:59:00.000-04:00Although I'm not a lawyer, isn't this kind of cut ...Although I'm not a lawyer, isn't this kind of cut and dry? I've been told that a party can only file appeals on motions that aren't "final orders" in certain situations according to the FRCP. This "request for reconsideration" doesn't seem to be an appeal and really seems like an insult to the court ("hey judge, you don't know what you're talking about.")Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-61885479219477622682007-03-15T11:43:00.000-04:002007-03-15T11:43:00.000-04:00They would be lucky if the judge even accepts the ...They would be lucky if the judge even accepts the late filing in the stunt that they pulled yesterday. Motion should be denied. Next case.Anonymousnoreply@blogger.com