She’s issued an order denying defendant’s motion to compel the deposition of Matthew Oppenheim, and suggesting that the motion was frivolous, says Recording Industry vs The People.
Excess Copyright has a salient quote from Gertner’s decision:
“While the Court understands that counsel for the Defendant is a law professor, and that he believes this case serves an important educational function, counsel must also understand that he represents a client in this litigation — a client whose case may well be undermined by the filing of frivolous motions and the failure to comply with the Rules. Submission of a plainly flawed motion cannot be justified as a clinical exercise.
“The Court will not hesitate to impose appropriate sanctions, including potentially substantial costs, should the Defendant waste either the Plaintiffs’ time and money or scarce judicial resources by filing frivolous motions in the future.”