RIAA publicly humiliates judge Nancy Gertner
p2pnet news view | RIAA News:- Hired RIAA attack lawyers Timothy Reynolds (Holme Roberts & Owen) and Daniel Cloherty (Dwyer & Collora) apparently think it’s perfectly acceptable to tell a judge to take a hike.
“This vividly demonstrates that the RIAA has the kind of legal representation it deserves.
“I have never seen anything like this.”
So says Ray Beckerman in Recording Industry vs The People, referring to the fact Vivendi Universal, EMI, Warner Music and Sony Music RIAA hit team has in effect told judge Nancy Gertner to “stick it”.
He says after letting the March 11 deadline for submission of its reconsideration motion in SONY BMG Music Entertainment v Tenenbaum expire, the RIAA filed a document it calls a ‘notice’ stating »»»
In response to the District Court`s March 4, 2009, Order, Plaintiffs note that the District Court`s January 14, 2009, Order has been stayed by the First Circuit Court of Appeals and that any issues surrounding that Order are currently pending in the First Circuit. The First Circuit can resolve the broadcasting issue expeditiously without additional briefing or further appeals.
Beckerman goes on »»»
The presiding judge suggested that they file a reconsideration motion, the primary purposes of which were (a) to enable the RIAA lawyers to brief something they had neglected to brief in their initial papers, and (b) to enable the Court to resolve the issue, after having been properly briefed, prior to its having to be resolved by the appeals court….. and the RIAA has simply thumbed its nose at the judge.
What makes this even more astonishing is that the reason the judge has been placed in this awkward position is the RIAA lawyers’ incompetence in failing to have brought the 1996 Judicial Council resolution to her attention in the first place.
If there were any doubters among you as to the overwhelming incompetence of the RIAA’s lawyers, this should remove whatever doubt is left.
And you nonlawyers out there, don’t ask me what this indicates or why the RIAA lawyers did it; or where in the Federal Rules of Civil Procedure it provides for such a “notice”. Because I am sure the seasoned litigators out there are as shocked and perplexed as you are.
All I can say is: I guess they feel that the tactic of humiliating the judge who presides over all of their Massachusetts cases, and who has granted them hundreds of judgments and dozens of ex parte orders on meager evidence and insufficient pleadings, against defenseless people, in connection with a situation brought about by their own negligence, is as prudent a course of action as suing one’s customers.
RIAA cases become more bizarre with each passing day.
But with RIAA members of its team placed high within the Obama administration, the hired hands clearly believe they can get away with this kind of thing.
Jon Newton – p2pnet
March, 2009
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March 13th, 2009 at 1:10 pm
And we are somehow surprised by this current outburst of stupidity, WHY?
IANAL, but I can see from reading Recording Industry Vs The People (a great site BTW)
an ongoing pattern of flouting the rules of court, and the law, by this bunch of
clowns that should be dis-barred for this shit! And this is a real case of biting the
hand that feeds them, I can only hope that Gertner wakes up at this slap in the face and slaps back
Copyfight & stw
(forever) NO1UNO
March 13th, 2009 at 1:37 pm
I guess they feel that the tactic of humiliating the judge who presides over all of their Massachusetts cases, and who has granted them hundreds of judgments and dozens of ex parte orders on meager evidence and insufficient pleadings, against defenseless people, in connection with a situation brought about by their own negligence, is as prudent a course of action as suing oneâs customers.
IT WILL TEACH A LESSON TO THIS JUDGE NOT TO GO ALONG WITH BULLIES AND PARASITES!
March 13th, 2009 at 2:24 pm
>IT WILL TEACH A LESSON TO THIS JUDGE NOT TO GO ALONG WITH BULLIES AND PARASITES!
Actually, this is one who seems to have woken up and seen how she was being used, i actually like her as she is much more educated on the issues compared to a lot of other judges and does not take the RIAA scumbags “on their word” anymore.
She has snubbed the RIAA on more than one occasion, we need more like her.
March 13th, 2009 at 4:32 pm
The saddest thing about this is that the RIAA lawyers will suffer no punishment whatsoever
for their outright comtempt of the rules.
THEY never do.
Yet the defendents get warned about being ‘frivolous’.
March 13th, 2009 at 9:42 pm
Evil always turns on itself.