Jammie Thomas RIAA trial now June 15
p2pnet news view | RIAA News:- More ferret-like twists and turns on the part of one of the RIAA’s hit lawyers in the Jammie Thomas vs the RIAA case.
Jammie you’ll recall, is the only person out of 40,000 potential victims on the wrong end of RIAA file sharing subpoenas who’s actually seen the inside of a civil court.
But then judge Michael Davis, who heard the case, admitted he`d made a serious mistake in law, and it was consequently slated to be heard again with March 11 as the new start date.
And where in the first trial, she’d relied only on her own testimony, this time, thanks to the Free Software Foundation Expert Witness Defense, she’s been able to retain assistant professor Yongdae Kim of the University of Minnesota as her expert witness.
“It’ll be fascinating to see RIAA ‘experts’ up against someone who really does know what he’s talking about when it comes to the Net and technology which keeps its wheels turning,” said p2pnet.
Toder’s request for an extension of the discovery deadline to give her time to to file her expert witness’s report was granted by magistrate judge Raymond L. Erickson.
But then, says Recording Industry vs The People, after first consenting orally to Jammie’s request, hired lawyer Timothy Reynolds (right) “reneged on his promise” and, “refused to enter into a stipulation,” forcing Thomas and Toder to ask for an extension from seven to 21 days.
Interestingly, although the motion for extension included a declaration - a document made under penalty of perjury – of her counsel, Brian Toder, “Reynolds provided no such document, ie, he partially denied it, claiming he had agreed only conditionally, subject to his clients’ approval, but his denial was not under penalty of perjury,” he says.
It’s, “most uncommon in ordinary legal circles (a) to object to a request of that nature, and (b) to renege on an oral agreement,” but it’s, “typical behavior for Holme Roberts & Owen lawyers, in my experience,” Beckerman states, going on:
“Were I Judge Davis, I would go ballistic over this professional misconduct, especially in view of the prior transgressions of that firm in this case.
“Judge Davis, however, appears to have an extremely long fuse.”
Meanwhile, the RIAA asked for an adjournment of the trial date from May 11 to June 15, a request granted without objection from Thomas or her lawyer, says Beckerman.
The adjournment was granted and the trial is now scheduled for June 15 at 9:00 am.
Plaintiffs’ motion to adjourn trial Order granting plaintiffs’ motion for adjournment of trial from May 11 to June 15Plaintiffs’opposition to defendant’s motion to enlarge time from 7 days to 21 days for filing of expert’s report
Jon Newton – p2pnet
