Index of Litigation Documents
Referred to in “Recording Industry vs. The People”
Provided by Ray Beckerman, P.C.( Note: Many of the documents are no longer being hosted on their original hosting site, but we do have all the files in our possession. So if you run into a bad link please email me and let me know, and I’ll upload the document to my firm’s site where it will be accessible again. Thanks. ~ R.B.)
Updated through 10/05/14 (For later documents, review subsequent blog posts in Recording Industry vs. The People)
TABLE OF CASES (Alphabetical by case name)
ABC v. Aero (New York, NY)
Achte/Nuente v. Does 1-4577 (DC)
AF Holdings v. Does 1-1058 (D.C.)
AF Holdings v. Rogers (San Diego, CA)
AF Holdings v. Trinh (San Fracisco, CA)
Agence France Presse v. Morel (New York, NY)
Andersen v. Atlantic (Oregon)
Arista Records v. Does 1-4 (New Haven, CT)
Arista v. Does 1-6 (Connecticut)
Arista Records v. Does 1-6 – Lincoln, Nebraska (Lincoln, Nebraska)
Arista v. Does 1-7 (Huntington, WV)
Arista v. Does 1-9 (Denver, CO)
Arista v. Does 1-9 (Columbus, OH)
Arista v. Does 1-11 (Cleveland) (Cleveland, OH)
Arista v. Does 1-11 (Oklahoma City) (Oklahoma City, OK)
Arista v. Does 1-15 (Columbus, OH)
Arista v. Does 1-16 (Albany, NY)
Arista v. Does 1-17 (Portland, OR)
Arista v. Does 1-19 (District of Columbia)
Arista v. Does 1-21 (D. Mass.)
Arista v. Does 1-22 (Providence, RI)
Arista v. Does 1-27 (Portland, ME)
Arista v. Does 1-34 (Raleigh, NC)
Arista v. Escape Media (New York, NY)
Arista v. Finkelstein (Brooklyn, NY)
Arista v. Frawley (Albany, NY)
Arista v. Greubel (Fort Worth, TX)
Arista v. Lime Wire (New York, NY)(RIAA case against Lime Wire)
Arista v. Tschirhart (San Antonio, TX)
Arista v. Usenet (New York, NY)
Associated Press v. Meltwater (New York, NY)
Atlantic v. Andersen(Portland, OR)
Atlantic v. Anderson (Houston, TX)
Atlantic v. Boggs (Corpus Christi, Texas)
Atlantic v. Boyer (Tampa, FL)
Atlantic v. Brennan (New Haven, CT)
Atlantic v. Dangler (Rochester, NY)
Atlantic v. DeMassi (Houston, TX)
Atlantic v. Does 1-14 (Portland, ME)
Atlantic v. Does 1-25(New York, NY)
Atlantic v. Howell (Phoenix, AZ)(pro se)
Atlantic v. Huggins(Brooklyn, NY)
Atlantic v. Lenentine (Portland, ME)
Atlantic v. Myers (Jackson, MS)
Atlantic v. Njuguna (Charleston, SC)
Atlantic v. Raleigh (Missouri)
Atlantic v. Serrano (San Diego, CA)
Atlantic v. Shutovsky (New York, NY)
Atlantic Recording v. Williams (Pittsburgh, PA)
Atlantic v. Zuleta (Atlanta, GA)
Authors Guild v. Google (New York, NY)
Authors Guild v. HathiTrust (New York, NY)
BMG v. Conklin (Pro se case in Houston, TX)
BMG v. Doe (Canada)
BMG v. Doe 1 (Raleigh, NC)
BMG v. Does (E. D. Pa. CV 04-650)
BMG v. Does 1-10 (Raleigh, NC)
BMG v. Does 1-11 (Portland, ME)
BMG Music v. Does 1-14 (Greensboro, NC)
BMG v. Gonzalez (USCA 7th Cir.)
BMG v. Thao (Chicago, IL)
Brownmark Films v. Comedy Partners (USCA 7th Cir.)
Capitol v. Doe (Raleigh, NC)
Capitol v. Does 1-16 (D. New Mexico)
Capitol v. Fanguiaire (Boston, MA)
Capitol v. Foster (Oklahoma)
Capitol v. Frye (Winston Salem, NC)
Capitol v. Laude (Portland, ME)
Capitol v. MP3Tunes (New York, NY)
Capitol Records v. ReDigi Inc. (New York, NY)
Capitol Records v. Seeqpod (New York, NY)
Capitol Records v. Sitaras (Brooklyn, NY)
Capitol Records v. Straw (Boston, MA)
Capitol v. Thomas (formerly Virgin v. Thomas)(Duluth, MN)
Capitol v. Video Egg (New York, NY)
Capitol v. Vimeo (New York, NY)
Capitol v. Weed (Phoenix, AZ)
Cartoon Networks v. CSC Holdings (New York, NY)
Case no. 162983070 v. MediaSentry (Michigan)
Central Michigan University v. MediaSentry (Michigan)
Chan v. Priority (Detroit, MI)
Combat Zone v. Does 1-34 (New York, NY)
Combat Zone v. Does 1-84 (Boston, MA)
Digital Sins v. Does 1-27 (New York, NY)
Digital Sins v. Does 1-245 (New York, NY)
Discount Video Center v. Does 1-29 (Boston, MA)
Dish Network v. ABC (New York, NY)
Elektra v. Barker (New York, NY)
Elektra v. Dennis (Jackson, MS)
Elektra v. Doe (Raleigh, NC)
Elektra v. Does 1-9 (Closed)
Elektra v. Harless (Detroit, MI)
Elektra v. Licata, Cincinnati, OH
Elektra v. McCall (Minnesota)
Elektra v. McDowell (Columbus, GA)
Elektra v. O’Brien (C.D. CA)
Elektra Entertainment Group v. Maphet (Wichita, KS)
Elektra v. Perez (Oregon)
Elektra v. Santangelo (White Plains, NY)
Elektra v. Santangelo II (White Plains, NY)
Elektra v. Schwartz (Brooklyn, NY)
Elektra v. Torres (Brooklyn, NY)
Elektra v. Werry (Providence, Rhode Island)
Elektra v. Wilke (Chicago, IL)
Elf-man LLC v. Does 1-57 (Portland, OR)
ESRT Observatory Tours v. Henson (New York, NY)(State court)
Fairey v. Associated Press (New York, NY)
FBT Productions v. Aftermath Records (Los Angeles, CA)
Flava v. Gunter (US Ct Appeals 7th Cir.)
Fonovisa v. Alvarez (Abilene, TX)
Fonovisa v. Does 1-9 (Pittsburgh, PA)
Fonovisa v. Does 1-41 (Austin, TX)
Foundation v. UPC Nederland (Netherlands, District Court of Utrecht)
Giordano v. Romeo (Florida)
Greenbaum v. Google (New York, NY)
Hard Drive v. Does 1-90 (San Jose, CA)
Hearst v. Aereo (Boston, MA)
Ingenuity 13 v. Doe (Los Angeles, CA)
In re BitTorrent Adult Film Copyright Infringement Cases (Central Islip, NY)
Interscope v. Does 1-100(New York, NY)
Interscope v. Does 1-7 (Newport News, VA)
Interscope v. Does 1-40 (Tampa FL)
Interscope v. Duty (Arizona)
Interscope v. Kimmel (NDNY Binghamton Divis.)
Interscope v. Korb (Charleston, SC)
Interscope v. Leadbetter (Seattle, WA)
Interscope Records v. Paul (Boston, MA)
Interscope v. Rodriguez (San Diego, CA)
Io v. Veoh (California)
James v. UMG Recordings (San Francisco, CA)
K-Beech v. Does 1-37 (Central Islip, NY)
Keiler v. Harlequin Enterprises (New York, NY)
Killer Joe Nevada v. Does 1-39(Des Moines, IA)
Kruger v. MediaSentry (Michigan Dept. Labor & Economic Growth)
LaFace v. Does 1-5 (Kalamazoo, MI, and Marquette, MI)
LaFace v. Does 1-7(Michigan)
LaFace v. Does 1-14 (Arizona)
LaFace v. Does 1-17 (Boston, MA)
LaFace v. Does 1-38 (Raleigh, NC)
LaFace Records v. Griffin (Boston, MA)
LaFace Records v. Maddox (Pittsburgh, PA) (see also Fonovisa v. Does 1-9)
Lava v. Amurao (White Plains, NY)
Lava v. Amurao II (White Plains, NY)
Lenz v. Universal Music (San Jose, CA)
Lewan v. Sharman (Chicago, IL)(class action against Kazaa)
Liberty Media v. Tabora (New York, NY)
London-Sire Records v. Doe 1 (Boston, MA) (See also Arista v. Does 1-21 (Boston, MA), SONY BMG Music v. Tenenbaum (Boston, MA))
Loud v. Does (New York, NY)
Loud v. Sanchez (Tucson, AZ)
Louis Vuitton v. Warner Bros. (New York, NY)
Malibu Media v. Does 1-5 (New York, NY)
Malibu Media v. Does 1-5 / 12-2950 (New York, NY)
Malibu Media v. Does 1-10 (White Plains, NY)
Malibu Media v. Does 1-11 (White Plains, NY)
Malibu Media v. Does 1-13 (Central Islip, NY)
Malibu Media v. Does 1-20 (Central Islip, NY)
Malibu Media v. Does 1-28 (Tampa, FL)
Malibu Media v. John Does 1-6 (Philadelphia, PA)
Malibu Media v. John Does 1-10 (Newark, NJ)
Malibu Media v. John Does 1-14 (Fort Wayne, IN)
Malibu Media v. John Does 1-19 (Trenton, NJ)
Maverick v. Becker (Brooklyn, NY)
Maverick v. Chowdhury (Brooklyn, NY)
Maverick v. Goldshteyn (Brooklyn, NY)
Maverick v. Harper (San Antonio, TX)
Media Products v. Does 1-26 (New York, NY)
Media Products v. Does 1-120 (Springfield, MA)
MegaUpload v. UMG (San Jose, CA)
MGM v. Grokster (C.D. California)
Mick Haig Productions v. Does 1-670 (Dallas, TX)
Mostly Memories v. For Your Ease (7th Circuit)
Motown v. DePietro (Pro Se Case) (Philadelphia, PA)
Motown Record v. Doe (Los Angeles, CA)
Motown v. Does 1-99 (New York, NY)
Motown Record Company v. Kovalcik (Philadelphia, PA)
Motown v. Liggins (M.D. Alabama)
Motown v. Lisberg, (Los Angeles, CA
Motown v. Nelson (Detroit, MI)
New Sensations v. Does 1-83 (Boston, MA)
New Sensations v. Does 1-201 (Boston, MA)
New Sensations v. Does 1-1474 (San Francisco, CA)
Nieman v. VersusLaw (US Ct app7th Cir.)
Patrick Collins Inc. v. Doe 1 (Central Islip, NY) (see also “In re Bit Torrent Adult Film Copyright Infringement Cases (Central Islip, NY)”)
Patrick Collins v. Does 1-45 (New York, NY)
Patrick Collins v. John Does 1-6 (Washington, DC)
Patrick Collins Inc v John Does 1-11 (Central Islip, NY)
Perfect 10 v. Tumblr (New York, NY)
Priority v. Beer (Columbus, GA)
Priority v. Chan (Detroit, MI)(Closed)
Priority v. Chan II (Detroit, MI)
Priority v. Vines (Indianapolis, IN)
Realview v. 20/20 (Boston, MA)
RIAA v. Atkinson (Boston, MA)
RIAA v. Buckley (Boston, MA)
RIAA v. Viola (Boston, MA)
Robertson v. MediaSentry (Raleigh, NC)
Rogers v. Capitol Records
Safety Point Products v. Does 1-14 (Cleveland, OH)
SONY v. Arellanes (Sherman, TX)
SONY v. Cloud (Philadelphia, PA)
SONY v. Crain (Beaumont, TX)
SONY v. DeMaria (Charleston, SC)
SONY v. Doe (Raleigh, NC)
SONY v. Does 1-5 (Los Angeles, CA)
SONY BMG Music v. Does 1-10 (Fresno, CA)
SONY v. Does 1-40(New York, NY) SDNY 04cv473(Closed)
SONY BMG Music Entertainment v. Fillo (NH)
SONY Music Entertainment v. Kruger (Kalamazoo, MI)
SONY v. Merchant (California)
SONY BMG Music Entertainment v. Moursy (Raleigh, NC)
SONY BMG Music V. Reese (Houston, TX)
SONY BMG Music v. Scimeca (Newark, NJ) (Closed)
SONY BMG Music Entertainment v. Simms (Atlanta, GA)
SONY BMG Music Entertainment v. Stade (Rochester, NY)
SONY BMG Music v. Tenenbaum (Boston, MA)
Sunlust Pictures, LLC v. Nguyen (Tampa, FL)
Third Degree Films v. Does 1-47 (Boston, MA)
Third Degree Films v. John Does 1-110 (Newark, NJ)
Tiffany v. eBay (New York, NY)
UMG Recordings v. Briggs (Boston, MA)
UMG Recordings v. Adams (Omaha, NE)
UMG Recording v. Ceesay (Maryland)
UMG v. Del Cid (Tampa, FL)
UMG Recordings v. English (Cleveland, OH)
UMG v. Greubel (Forth Worth, TX)
UMG v. Guin (Brooklyn, NY)
UMG Recordings v. Heard (Birmingham, Alabama)
UMG Recordings v. Hernandez (Brooklyn, NY)
UMG Recordings v. Hightower (Houston, TX)
UMG Recordings v. Hummer Winblad (San Francisco, CA)(Case Against Napster Investors)
UMG Recordings v. Johnson (Kansas City, KS)
UMG Recordings v. Landau (Utica, NY)
UMG Recordings v. Lanzoni (Houston, TX)
UMG Recordings v. Lindor (Brooklyn, NY)
UMG Recordings v. Roy (New Hampshire)
UMG Recordings v. Veoh Networks (Los Angeles, CA)
Universal v. Hogan (San Diego, CA)(MPAA case)
Viacom v. YouTube (New York, NY)
Virgin v. Does 1-33 (Knoxville, TN)
Virgin v. Marson (Central Dist. California, Western Divis.)
Virgin v. Morgan (Pensacola, FL)
Virgin Records v. Thomas (Duluth, MN)
Virgin Records v. Thompson (W.D. TX)
Virgin Records v. Young (Brooklyn, NY)
Voltage Pictures v. Does 1-198 (Portland, OR)
Warner v. Attal (Brooklyn, NY)
Warner v. Berry (New York, NY)
Warner v. Cassin (White Plains, NY)
Warner v. DeWitt (N.D. Ill. Eastern Div.)
Warner v. Doe (Raleigh, NC)
Warner v. Does 1-149 (New York, NY)
Warner v. Lewis (Lafayette, LA)
Warner v. Maravilla (C.D. California)
Warner v. Paladuk (E. D. Michigan)
Warner v. Payne (Waco, TX)
Warner Bros. Entertainment v. RDR Books (New York, NY)
Warner v. Scantlebury E.D. Michigan, Southern Division)
Warner v. Stubbs (Oklahoma City, OK)
Warner Bros. Records v. Weiner (Boston, MA)
WNET v. Aereo (New York, NY)
WPIX v. ivi (US Ct App 2nd Circuit)
Zomba v. Does 1-11 (Boston, MA)
Zomba v. Does 1-15 (Kentucky)
October 7, 2013, decision of Magistrate Judge Pitman, order further depositions of CEO & CTO re patent applications
January 13, 2014, Decision, Denying Both Summary Judgment Motions Without Prejudice, Hon. Alison J. Nathan, District Judge
Defendant’s memorandum of law in support of motion to dismiss
February 25, 2013, Order, granting motion to dismiss with prejudice, Hon. Charles R. Breyer, District Judge
Declaration in support of motion for attorneys fees
Amended complaint*
Defendants’ Memorandum of Law in Support of Motion to Dismiss Complaint*
Defendant’s Memorandum of Law in Opposition to Motion to Dismiss*
February 19, 2008, Order Dismissing Complaint, Granting Leave to Replead*
Unofficial transcript of February 13, 2008, oral argument*
Second Amended Complaint*
Plaintiff’s Status Report*
Third Amended Complaint*
Amended complaint*
Status report*
Motion to commence immediate discovery*
Answer of RIAA, Settlement Support Center LLC, and record companies*
Answer of SafeNet a/k/a MediaSentry*
Notification that plaintiff’s brief for class action certification has been sealed
Defendant’s brief in support of motion for judgment on the pleadings
Statement of Material Facts in Support of Defendants’ Motion for Summary Judgment
Memorandum of Law
Jacobson Declaration
Connelly Declaration
Oppenheim declaration
Coggon declaration
Plaintiffs’ memorandum of law in opposition to class certification
Order granting motion for discovery
Report and Recommendation recommending dismissal “without prejudice”
Moving memorandum of law*
RIAA opposition*
Movant’s reply memo*
RIAA surreply memo*
April 14, 2008, Order of Magistrate Judge denying motion to quash*
John Doe #9 Motion to Dismiss Complaint, Vacate Order, Quash Subpoena*
John Doe #9 Motion for Stay*
John Doe #5 Motion to Dismiss Complaint, Vacate Order, Quash Subpoena*
John Doe #5 Motion for Stay*
November 29, 2007, Order Granting Stay of Subpoena*
RIAA Opposition Memo*
Defendants’ Reply Memo*
April 18, 2008, Order and Opinion of Magistrate Judge Mark R. Abel, dismissing complaint as to John Does 2-9*
Motion for reconsideration*
Motion for stay*
July 29, 2008, Decision affirming Magistrate Judge’s rulings
Notice of Dismissal Without Prejudice
RIAA Memorandum of Law in Opposition to Motion to Quash*
Reply Papers in Support of Motion to Vacate and Quash*
November 3, 2008, Decision
Expert Witness Declaration of Jayson Street*
Attachment 1 — November 2004 Order in Fonovisa v. Does*
RIAA Motion for 2-week extension of time*
Defendants’ opposition to RIAA Motion for 2-week extension of time*
Declaration of Moshe D. Rothman in Opposition to Motion to Quash*
RIAA Memorandum of Law in Opposition to Motion to Quash*
Exhibit 3 List of Ex Parte Orders*
Defendants’ Motion to Strike Pleadings*
RIAA’s Opposition to Motion to Strike*
Defendants’ Reply Brief in Support of Motion to Strike RIAA’s Pleadings*
November 14, 2007, Order Denying Motion to Vacate and to Quash*
RIAA Application for order to show cause and conference*
Exhibit (January 31, 2008, letter of Marilyn Barringer-Thomson*
February 12, 2008, Order to Show Cause*
Complaint in Capitol v. Does 1-10*
May 23, 2007, Letter of Joseph Hazelbaker to Ohio University*
Motion to quash*
November 5, 2007, Decision of Magistrate Judge Denying Motion to quash*
Defendants’ Amended Memorandum of Law
Plaintiffs’ Opposition
Defendants’ reply memorandum of law
Supplemental Declaration of Richard A. Altman
February 18, 2009, Decision of Magistrate Judge
Declaration of Richard A. Altman and Objections
Decision affirming Magistrate Judge’s decision
Declaration in support of motion for stay
March 10, 2009, order granting interim stay
Plaintiffs’ memorandum in opposition to motion for stay pending appeal
Defendant’s reply memorandum in support of motion for stay pending appeal
Defendant’s motion to extend stay
Opposition to motion for extension of briefing schedule
April 23, 2009, Order of 2nd Circuit, granting stay pending appeal
Brief of Appellant
Appellees’ Brief
Reply Brief of Appellant
Decision, US Court of Appeals, 2nd Circuit
University of Oregon’s Memorandum of Law in Support of Motion to Quash*
RIAA’s opposition to motion to quash*
Oregon Attorney General Reply Memorandum of Law*
Oregon Attorney General Reply Affidavit*
Exhibit F (Excerpt from Doug Jacobson deposition transcript in UMG v. Lindor)*
Exhibit H (Draft Interrogatories)*
Surreply Memo in Opposition to Oregon Attorney General’s Request for Discovery*
Motion to Strike Oregon Attorney General’s Request for Discovery*
Notice of supplemental authority*
September 25, 2008, decision granting motion to quash, but authorizing second subpoena
Notice of Dismissal
Motion by John Doe #3 to Vacate Ex Parte Order, Quash Subpoena, and Dismiss Complaint*
November 15, 2007, Order to Show Cause*
RIAA response to order to show cause*
Response to RIAA response*
Reply Memorandum in Support of Dismissal of Complaint for failure to state claim and misjoinder*
April 28, 2008, order and opinion denying motion to vacate ex parte discovery order* (– F. Supp. 2d –, 2008 WL 1851772)
Consolidation order*
Memorandum of Law in Support of Motion to Vacate Ex Parte Discovery Order and Subpoena*
Memorandum of Law in Oppposition*
Reply Memorandum in Support of Motion to Vacate and Quash*
Reply Declaration of Jesse Robert Stengel*
Reply Declaration of Prof. Azer Bestavros*
Defendant’s supplemental memorandum of law in support of motion to quash*
Amicus Curiae Brief in support of John Doe’s motion to quash, submitted by Electronic Frontier Foundation*
RIAA brief in opposition to EFF motion for leave to file amicus curiae brief*
Order granting leave to file amicus curiae brief*
RIAA brief in opposition to John Does’ supplemental brief*
1919 Opinions of Attorney General 256* (November 10, 1919)(Document referred to in above brief)
RIAA brief in opposition to amicus curiae brief submitted by Electronic Frontier Foundation*
Reply memorandum of law of “John Does”*
March 31, 2008, Decision* (542 F.Supp.2d 153)
(Alternate link)
January 2, 2008, cease and desist letter*
Motion to strike Linares declaration
Exhibits A & B to motion to strike Linares declaration*
RIAA Motion for reconsideration*
Plaintiffs’ opposition to motion to strike Linares declarations*
Reply in support of motion to strike Linares declarations*
RIAA motion to quash subpoena served on Massachusetts State Police*
Request for leave to file reply nunc pro tunc with exhibit A (MediaSentry “investigative” web page) and exhibit B (letter to State Police)*
Supplemental memorandum in support of motion to strike*
Correction to supplemental memorandum in support of motion to strike*
Declaration of Carlos Linares in support of Ex Parte Motion for Discovery of Student Identities*
Proposed Order*
January 7, 2009, Letter Withdrawing Subpoena
Notice of Dismissal Without Prejudice
Defendants’ Motion to Stay Subpoena*
Reply Memorandum on behalf of “John Does 16 & 18” in support of motion to dismiss complaint*
Reply Memorandum on behalf of “John Does 2, 3, 6, 7, 8, 15, 22, and 23” in support of motion to dismiss complaint*
January 25, 2008, Recommendation of Magistrate Judge sustaining complaint and recommending order to show cause for Rule 11 violation*
Objections of Defendants John Doe #16 and 18 to January 25, 2008, Recommendation of Magistrate Judge Kravchuk*
RIAA Brief responding to Brief of John Does 16 and 18*
February 28, 2008, Letter of Robert Mittel to Hon. John A. Woodcock, Jr.*
RIAA opposition to Rule 11 motion*
Reply memorandum*
RIAA Opposition to Motion to Vacate and Quash*
RIAA Opposition to Motion to Strike Carlos Linares Declaration*
Reply memo in support of motion to vacate and quash*
Reply memo in support of motion to strike*
Defendants’ Supplemental Memorandum
October 29, 2008, decision
Amended Complaint, Arista v. Escape Media
Exhibits part 1
Exhibits part 2
Exhibits part 3
Exhibits part 4
Memorandum of law in support of jurisdiction defendants’ motion to dismiss amended complaint
Memorandum of law of defendants Escape Media, Samuel Tarantino, and Joshua Greenberg in support of motion to dismiss amended complaint for failure to state a claim
Plaintiffs’ memorandum of law in opposition to motion to dismiss for failure to state a claim
Plaintiffs’ memorandum of law in opposition to Greenberg motion dismiss on jurisdictional grounds
Plaintiffs’ memorandum of law in opposition to Westermann Clark motion to dismiss on jurisdictional grounds
Motion for spoliation sanctions, memorandum of law
Motion for summary judgment, memorandum of law
March 8, 2007, Letter of Richard Guida to Judge Trager*
March 15, 2007, Letter of Richard Altman to Judge Trager*
RIAA’s opposition memorandum of law
Defendant’s reply memorandum of law
RIAA Opposition Memo*
Greubel Reply Memo*
September 1, 2006, Decision Denying Motion to Dismiss Complaint* (Also published at 453 F. Supp. 2d 961)
(Alternate link hosted by BNA)
Answer of David Greubel*
Stipulation of dismissal with prejudice*
Answer and Counterclaim of Lime Wire defendants*
October 16, 2006, Case Management Order*
Lime Wire’s First Amended Counterclaims*
Plaintiff’s memorandum of law in support of motion to dismiss counterclaims*
Defendants’ Memorandum of Law in Opposition to Motion to Dismiss Counterclaims*
February 8, 2007, Order, Denying Plaintiffs’ Application for Stay of Discovery*
February 15, 2007, Reply Memorandum of Law*
Case Management Order Entered June 18, 2007*
October 19, 2007, Letter re Discovery Disputes*
December 3, 2007, Decision Dismissing Antitrust Counterclaims*
December 11, 2007, Scheduling Order*
April 2, 2008, scheduling order*
June 23, 2008, scheduling order for dispositive motions
Defendants’ first memorandum of law
Defendants’ second memorandum of law
Plaintiffs’ memorandum of law
Amicus curiae brief of EFF and 8 other organizations
Consent injunction
March 10, 2011, Decision, rejecting RIAA’s statutory damages argument
April 7, 2011, Decision Denying Defendant’s Motion for Partial Summary Judgment as to 104 Works
August 23, 2006, Decision Granting Default Judgment Based on Spoliation of Evidence*
(Alternate Link)(Hosted by Internet Law & Regulation)*
November 24, 2008, decision dismissing counterclaims
January 26, 2009, Memorandum Opinion and Order, Granting in Part, Denying in Part, Plaintiffs’ Motion for Discovery Sanctions
Decision granting plaintiffs’ motions
Order of reference to Magistrate Judge
Plaintiff’s Memorandum of Law In Support of Motion to Dismiss Counterclaims*
Defendant’s Memorandum of Law in Opposition to Plaintiff’s Motion to Dismiss Counterclaims*
Defendant’s Amended Answer and Counterclaims
(Alternate link)*
Order Limiting Hard Drive Inspection*
Revised Order Permitting Hard Drive Inspection*
October 17, 2006, Declaration of Tanya Andersen*
December 13, 2006, Order*
RIAA Opposition to Limitation of Depositions*
Ms. Andersen’s Response*
Lybeck Declaration*
Order granting limitations on deposition of child and disabled person
Defendant’s Amended Answer and Counterclaims*
RIAA Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendant’s Memorandum of Law In Opposition to Motion to Dismiss Counterclaims*
Stipulation of Dismissal With Prejudice*
Decision of Magistrate Judge Granting Defendant’s Attorneys Fees Motion* (Westlaw cite: 2008 WL 185806)
RIAA’s Objection to Magistrate’s Order Permitting Counterclaims to be Withdrawn Without Prejudice*
RIAA Objection to Magistrate’s Order Granting Ms. Andersen’s Attorneys Fees Motion*
January 14, 2008, Order and Decision permitting dismissal of counterclaims without prejudice* (Westlaw Cite: 2008 WL 151825)
January 16, 2008, Order and Opinion Affirming Magistrate’s Recommendations and Granting Defendant’s Motion for Attorneys Fees* (Westlaw cite: 2008 WL 185806)
Declaration of Lory Lybeck*
Defendant’s brief*
Plaintiffs’ expert witness’s declaration*
Plaintiffs’ opposition brief*
Lory Lybeck reply declaration*
Tanya Andersen reply declaration*
Defendant’s reply brief*
May 14, 2008, Opinion and Order awarding defendant $107,834.00 in attorneys fees*
Defendant’s objections*
Plaintiffs’ objections*
July 28, 2008, Judgment
Defendant’s opposition papers*
June 24, 2008, order adopting Magistrate’s report awarding defendant $107,834 in attorneys fees and disbursements
RIAA Request for Default*
RIAA Motion for Default Judgment*
February 1, 2007, Order, Denying RIAA Motion for Default Judgment*
Answer and Counterclaims*
Plaintiffs’ Motion to Dismiss Counterclaims*
Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Motion to Dismiss Counterclaims*
Reply Memorandum of Law in Support of Motion to Dismiss Counterclaims*
June 21, 2007, Expert Witness Designation by Plaintiffs*
Unopposed Motion for Extension of Time*
Order Granting Dept. of Justice 60 days to Intervene*
Notice of Settlement filed August 1, 2007*
RIAA memorandum in support of motion to dismiss counterclaims*
May 6, 2008, Order and Opinion denying motion to dismiss counterclaims*
Answer to counterclaims
Case management report
Scheduling order
Notice of Settlement
December 1, 2008, order
Motion for Reconsideration*
Declaration of Timothy Reynolds in Support of Motion for Reconsideration*
Declaration of MediaSentry’s Elizabeth Hardwick in Support of Motion for Reconsideration*
Motion for status conference*
April 14, 2008, Order Denying Motion for “Reconsideration”*
Amended complaint (with no page 3)*
Amended complaint*
December 10, 2008, decision denying motion for default judgment
Notice of Dismissal
RIAA’s Memorandum of Law in Support of Motion for Reconsideration*
Hardwick Declaration in Support of Motion for Reconsideration*
Train-Gutierrez Declaration in Support of Motion for Reconsideration*
Exhibit (AOL Letter) in Support of Motion for Reconsideration*
Order granting reconsideration and motion for default judgment*
Exhibit A (Original Complaint in Arista v. LimeWire)*
Exhibit B (November 2006 Report to USPTO on Filesharing Programs)*
May 21, 2007, Order Dismissing Counterclaims for Declaratory Judgment and Copyright Misuse*
Affidavit of Theodore G. Fletcher*
Motion to vacate and quash*
Exhibit B*
RIAA opposition memo*
Defendant’s reply memo*
Notice of Motion to Vacate Ex Parte Order*
(Alternate link)(Alternate link #2)
Affidavit of Zi Mei in Support of Motion*
(Alternate link)
Affidavit of Ty Rogers In Support of Motion*
(Alternate link)
Exhibit A*
Exhibit B*
Exhibit C*
Exhibit D*
Exhibit 1 to Exhibit D (part 1)*
Exhibit 1 to Exhibit D (part 2)*
Exhibit 1 to Exhibit D (part 3)*
Exhibit 1 to Exhibit D (part 4)*
Exhibit 1 to Exhibit D (part 5)*
Exhibit 1 to Exhibit D (part 6)*
Exhibit E*
Exhibit F*
Exhibit G*
Memorandum of Law In Support of Motion to Vacate Ex Parte Discovery Order*
(Alternate link)
Appendix 1 to Memorandum of Law*
Appendix 2 to Memorandum of Law*
Appendix 3 to Memorandum of Law*
Declaration of Jonathan Whithead in Opposition*
Exhibit A*
Exhibit B*
Reply Memorandum of Law of John Doe #8 in Further Support of Motion to Vacate Ex Parte Discovery Order*
Reply Affidavit of Zi Mei in Further Support of Motion to Vacate Ex Parte Discovery Order*
Exhibit A (FTC Testimony of RIAA That File Sharers Are Unaware They are Sharing)*
June 6, 2006, decision denying motion to vacate ex parte discovery order*
August 31, 2007, Reconsideration Motion*
October 3, 2007, Directing Briefing of 4 Questions*
September 27, 2007, Order Granting Reconsideration and Vacating August 20th Order*
Defendant’s Motion to Continue*
Order Scheduling Oral Argument for November 30th*
Defendant’s Motion to Continue*
Order Denying Defendant’s Motion to Continue, Scheduling Hearing for December 14th at 3:00 P.M., and Fixing December 7th as Cutoff Date for Supplemental Briefs*
RIAA Supplemental Brief*
December 10, 2007, Order*
Amicus Curiae Brief of Electronic Frontier Foundation in Opposition to Plaintiffs’ Motion for Summary Judgment*
Alternate link
Plaintiffs’ brief responding to EFF amicus curiae brief*
RIAA motion to compel hard drive inspection*
April 14, 2008, order scheduling RIAA motion to compel hard drive inspection*
Defendant’s response to motion for examination of hard drive and cd’s*
April 22, 2008, Order granting unopposed motion for examination of hard drive and cd’s*
April 28, 2008, order scheduling final pretrial conference*
April 29, 2008, Decision, Denying RIAA Motion for Summary Judgment* (554 F. Supp. 2d 976)
Order setting hearing date
Plaintiffs’ motion to strike answer for spoliation of evidence
Exhibit F – Doug Jacobson “report”
August 25, 2008, Minute Entry
August 29, 2008, Order striking defendant’s answer and granting default judgment to plaintiffs
Shook Hardy Bacon pro haec vice motion:
Miller declaration,
Notice of motion, and
Proposed order.
Opposing papers:
Affidavit in opposition.
Exhibits to the opposition papers:
Exhibit A*
Exhibit B*
Exhibit C*
Exhibit D*
Exhibit E*
Exhibit F*
Exhibit G*
Exhibit H*
Judge’s Decision Granting Pro Hac Vice Motion.
Letter to Magistrate Judge asking him to require RIAA to produce a corporate officer of plaintiffs, with settlement authority, to appear at settlement conference.
Letter to Judge Trager requesting dismissal of Complaint.
October 5, 2005, letter opposing request for conference
(Alternate link)
October 6, 2005 letter of RIAA lawyers asking permission for Missouri lawyer to participate by phone & for RIAA representative not to appear at all
(Alternate link)
October 6, 2005, order of Magistrate Judge Robert M. Levy.
(Alternate link)
October 7, 2005, Docket Entry
RIAA Motion to Dismiss Counterclaims*
Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Motion to Dismiss Counterclaims*
Defendant’s Supplemental Memorandum of Law in Opposition to Motion to Dismiss Counterclaims*
RIAA Reply Memorandum of Law in Support of its Motion to Dismiss Counterclaims*
Memorandum of Law in Support of Defendant’s Motion to Dismiss Complaint For Failure to State Claim and Violation of Due Process*
Opposition to Motion for Judgment on Pleadings Dismissing Complaint*
Cross-motion for Leave to File Amended Complaint*
Proposed Amended Complaint*
Reply Memorandum in Support of Motion for Judgment on Pleadings Dismissing Complaint*
Defendant’s response to RIAA’s motion for permission to amend complaint*
Answer and Counterclaims
August 18, 2008, Order and Opinion Dismissing Counterclaims
August 19, 2008, order scheduling conference September 11, 2008
Plaintiffs’ motion to compel discovery
Defendant’s Response to Plaintiffs’ Motion to Compel
Plaintiffs’ reply memo in support of motion to compel
December 15, 2008, Order granting motion to compel further interrogatory responses and attorneys fees
Plaintiffs’ memorandum of law in support of motion to dismiss counterclaims
Plaintiffs’ statement of expenses
Shane Cross declaration
John Ryan declaration
Defendant’s memorandum in opposition
Defendant’s memorandum in opposition
Plaintiff’s reply memorandum in support of motion to dismiss counterclaims
Notice of Supplemental Authority
Decision dismissing counterclaims
Order dismissing countreclaims
Amended answer and counterclaims
Stipulation of Dismissal With Prejudice
July 26, 2007, Joint Letter Submitting Discovery Disputes*
July 30, 2007, Order of Hon. P. Kevin Castel*
February 6, 2008, Memo Endorsed Order of Hon. P. Kevin Castel*
Defendant’s Memorandum of Law in Support of Motion to Dismiss Complaint
Plaintiffs’ Memorandum in Opposition to Motion to Dismiss
Amended Answer and Counterclaim of Francisco Zuleta*
Stipulation of Dismissal*
Evidence of filing of Stipulation of Dismissal*
Opposition*
Order*
(Alternate Link)(HTML)
Deposition of Media Sentry President Gary Millin*
Second Order Denying Joinder
Fax*
Letter*
Affidavit of Stephen Robertson
Exhibit C – Notice of Grievance Committee hearing to determine probable cause
September 9, 2007, Order, Requiring 40 days Notice and Full Sets of Papers for John Doe defendants*
September 8, 2005, Decision*
October 5, 2005, Decision Denying RIAA’s Motion to Strike Counterclaim for Declaratory Judgment*
Answer and counterclaims*
RIAA Motion to Dismiss Counterclaims*
Defendant’s response to Motion to Dismiss Counterclaims*
July 13, 2006, Order Dismissing Case and Finding Defendant to be Eligible for Award of Attorneys Fees against Plaintiffs*
Memorandum of Law in Support of Deborah Foster’s Motion for Attorneys Fees*
Declaration of Richard B. Wilkinson in Support of Deborah Foster’s Motion for Attorneys Fees*
Amicus curiae brief submitted, by EFF, ACLU, AALL, Public Citizen, and ACLU of Oklahoma Foundation in Support of Debbie Foster Motion for Attorneys Fees*
(Alernate link)
August 14, 2006, Declaration of Marilyn Barringer-Thomson*
RIAA Opposition to Motion for Leave to File Amicus Curiae Brief*
Request for Judicial Notice and Response to RIAA’s Opposition to Court’s Acceptance of Amicus Curiae Brief*
Plaintiffs’ Opposition to Defendant’s Motion for Attorney’s Fees*
Defendant’s Motion for Leave to File Reply*
February 6, 2007, Order and Decision* (Westlaw Cite: 2007 WL 1028532)
Plaintiff’s “Status Report”*
February 15, 2007, Order, Fixing Schedule for (a) Plaintiffs to Complete Discovery on Reasonableness of Defendant’s Attorneys Fees, and (b) Defendant to File Supplemental Request for Additional Fees*
RIAA Motion to “Reconsider” Order Granting Attorneys Fees Motion*
RIAA Motion to “Clarify” Scheduling Order*
Ms. Foster’s Motion to Modify Scheduling Order*
Ms. Foster’s Objections to RIAA’s Motion to “Clarify”*
Defendant’s Motion to Compel Production of RIAA’s Attorneys’ Billing Records*
February 26, 2007, Order, Directing Plaintiffs to Respond to Defendant’s Motion to Compel by March 1, 2007*
February 27, 2007, Order Denying “Clarification” Motion*
Defendant’s Objections to RIAA’s “Reconsideration” Motion*
Advisory Regarding RIAA’s Default*
Opposition to Motion to Compel Turnover of Billing Records*
Plaintiffs’ Motion for Leave to file Reply*
March 15, 2007, Decision and Order Directing Production of RIAA’s attorneys’ billing records*
March 15, 2007, Order, Granting Leave to File Reply Brief*
Motion to Compel Compliance with March 15th order*
RIAA Reply Papers in Further Support of Reconsideration Motion*
Opposition to Motion to Compel*
RIAA Protective Order Motion*
March 22, 2007, Order, Granting Motion to Compel, Rejecting Request to Place Documents Under Seal, and Directing that Documents are Confidential Pending Further Order of the Court*
Defendant’s Motion to (a) Preclude Expert Testimony by Plaintiffs or (b) Compel Expert Discovery*
RIAA Opposition Papers*
Defendant’s Motion to Strike RIAA Opposition Papers*
March 29, 2007, Order Granting Motion to Compel*
March 30, 2007, Order Denying Motion for Extension as Moot*
April 3, 2007, Objections to RIAA’s Motion for Protective Order*
Notice of deposition*
Motion to quash deposition notice*
Plaintiffs’ Motion for Leave to Serve Reply Papers*
Order granting Plaintiffs’ Motion for Leave to Serve Reply Papers*
April 6, 2007, Order Partially Granting Motion to Quash Deposition Notice*
April 10, 2007, Decision, Granting Motion for Confidentiality of Attorneys’ Billing Records*
April 10, 2007, Protective Order*
April 23, 2007, Decision and Order Denying RIAA Reconsideration Motion* (Westlaw Cite: 2007 WL 1223826)
Supplemental Fee Application*
Declaration in Support of Supplemental Fee Application*
June 20, 2007, Order, Granting RIAA Request for Evidentiary Hearing*
July 2, 2007, Order, Scheduling Evidentiary Hearing for July 5th*
July 16, 2007, Order and Decision Directing RIAA to Pay $68,685.23 in Attorneys Fees*
Motion for Judgment Awarding Atttorneys Fees*
August 14, 2007, Statement of No Objection by RIAA*
Order Granting Motion for Judgment to be Entered on Attorneys Fees*
Judgment for Attorneys Fees*
Ms. Foster’s Motion to Amend Judgment*
RIAA’s Motion to Deem Judgment Satisfied*
Exhibit A to RIAA’s Motion to Deem Judgment Satisfied (Cover letter + check)*
Order Partially Granting and Partially Denying Motion to Amend Judgment*
September 10, 2007, Order Denying Motion to Deem Judgment Satisfied*
Amended Proof of Payment*
September 29, 2008, Decision, Partly Granting, Partly Denying, Motion to Dismiss
Answer and Counterclaims
Amended answer and counterclaims
Plaintiffs’ Memorandum of Law in support of motion to dismiss counterclaims and stay discovery
Declaration of Michael Robertson
Defendant’s Memorandum of Law
Plaintiffs’ Reply Memorandum of Law
Oral argument of plaintiffs’ motion to dismiss counterclaims, January 16, 2009
Decision dismissing counterclaims, except counterclaim for declaratory judgment
Defendants’ memorandum of law in support of motion for summary judgment
August 22, 2011, decision, partially granting, and partially denying, summary judgment motions
October 25, 2011, decision granting and denying summary judgment motions
January 9, 2012, decision denying Capitol Records’ motion for certification of interlocutory appeal
Order dismissing appeal
Memorandum of law in support of defendant Robertson’s motion for summary judgment on jurisdictional grounds
June 25, 2012, Memorandum Opinion & Order
Motion for Leave to Withdraw as Counsel for Defendant
Declaration
Memorandum of Law
July 23, 2012, Order denying defendant Robertson’s motion for summary judgment, granting attorneys’ motion for leave to withdraw
Memorandum of Law in support of Robertson motion for reconsideration on jurisdictional issues
Memorandum of Law in support of Robertson motion for reconsideration on liability issues
Memorandum of Law in support of plaintiff’s motion for reconsideration
Memorandum of Law in support of Robertson motion for reconsideration on jurisdictional issues
Memorandum of Law in support of Robertson motion for reconsideration on liability issues
Memorandum of Law in support of plaintiff’s motion for reconsideration
January 25, 2013, Scheduling order
Memorandum and Order granting plaintiffs’ motions for reconsideration and denying defendants’ motions
September 29, 2014, Decision, denying motion for new trial, and reducing punitive damages
Answer
January 19th Letter of Morlan Ty Rogers requesting summary judgment premotion conference
January 20, 2012, order scheduling preliminary injunction motion
Plaintiff’s declarations
Plaintiff’s memorandum of law
January 24, 2012, letter of Richard Mandel to Court
Declaration of John Ossenmacher in opposition to preliminary injunction motion
Declaration of Larry Rudolph in opposition to preliminary injunction motion
Declaration of Ray Beckerman in opposition to preliminary injunction motion
Defendant’s memorandum of law in opposition to preliminary injunction motion
February 1, 2012, letter of Fenwick West to Court re Google amicus curiae brief
McMullan Reply Declaration
Piibe Reply Declaration
Plaintiff’s reply memorandum of law
Plaintiff’s counsel’s February 1, 2012, letter to Court opposing Google request
February 1, 2012, order denying Google motion for leave to file amicus curiae brief
Oral argument February 6, 2012
February 6, 2012, Decision Denying Preliminary Injunction Motion
February 6, 2012, Order Denying Preliminary Injunction Motion
Letter of Ray Beckerman requesting premotion conference re Rdio shutoff
Order denying premotion conference
Letter of Morlan Ty Rogers to Court re case management plan
Letter of Richard Mandel to Court re case management plan
Order ruling on case management plan
Case management plan
Stipulation of Substitution
Statement pursuant to Local Rule 1.4
Order requesting joint statement from plaintiff’s counsel and proposed incoming defendant’s counsel
Amended Case Management Order
Opinion, March 30, 2013
Answer of Defendant VideoEgg
Motion to dismiss
Memorandum of law
Yalamanchi affidavit
Terrell affirmation
Order denying adjournment request
September 11, 2008, Scheduling Order
March 5, 2009, decision, denying motion to dismiss, granting motion to transfer[order vacated March 6, 2009]
March 9, 2009, decision, denying HI5 motion to dismiss, granting HI5 motion to transfer
Stipulation of Dismissal With Prejudice
December 31, 2013, decision of Hon. Ronnie Abrams
April 9, 2014, Order granting motions for interlocutory appeal, US Court of Appeals, 2nd Circuit
Motion to dismiss complaint*
Opposition papers*
Reply papers*
Supplemental authority submitted by defendant*
RIAA response to supplemental authority*
Motion for leave to interpose counterclaims*
Opposition papers*
Reply papers*
Stipulated protective order for examination of defendant’s hard drive*
April 21, 2008, opinion and order partially granting and partially denying motion for leave to amend answer* (2008 WL 1820667)
Amended answer and counterclaims*
Original Rule 7.1 Statement*
Amended Rule 7.1 Statement*
Amicus Curiae Brief of United States
Case number 162983070, August 14, 2008, followup letter
September 5, 2008, Letter of “Case # 162983070”, and exhibits
June 18, 2008, Decision dismissing complaint
October 15, 2012, Order to Show Cause, Hon. Jennifer C. Boal, Magistrate Judge
November 26, 2012, Order of Magistrate Judge Jennifer C. Boal directing plaintiff’s counsel to submit explanation
Report and recommendation for severance and dismissal of case, and quashing of subpoenas
Order granting sanctions against plaintiff’s attorney
March 14, 2013, Order & Decision Adopting Report & Recommendation of Severance & Dismissal, Hon. Michael A. Ponsor, District Judge
Doe #1 Motion to Dismiss: Notice of Motion, Declaration, Exhibits
Doe #1 Motion to Dismiss: Memorandum of Law
Plaintiff’s opposition memorandum of law
Defendant’s reply memorandum of law
November 7, 2012, decision, denying motion for ex parte discovery, Hon. Leo T. Sorokin, Chief Magistrate Judge
Exhibit A*
Exhibit B, part 1*
Exhibit B, part 2*
Memorandum of Law in Support of Motion to Dismiss Complaint*
Opposition to Motion to Dismiss Complaint*
Defendant’s Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
February 15, 2006, letter of Fred von Lohmann of Electronic Frontier Foundation, requesting permission to serve amicus curiae brief in support of Ms. Barker’s dismissal motion*
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Dismissal Motion*
(Alternate link)
Amicus Curiae Brief of Computer & Communications Industry Association and U. S. Internet Industry Association*
Defendant’s Memorandum of Law Commenting on Amicus Briefs*
RIAA Brief Responding to Amicus Brief of Computer & Communications Industry Association and Internet Industry Association*
MPAA Amicus brief*
April 4, 2006, letter of Assistant U. S. Attorney Rebecca C. Martin*
“Statement of Interest” of United States Department of Justice*
Memorandum of Law of Defendant Tenise Barker in Response to Statement of Interest of United States of America*
November 28, 2006, Order of Hon. Kenneth M. Karas*
January 9, 2007, Letter of Richard L. Gabriel, with copy of US v. Shaffer*
January 10, 2007, Letter of Morlan Ty Rogers, with copy of RIAA’s November 15, 2004, testimony to FTC P2P File Sharing Workship*
Docket Entry. Oral Argument held. Decision reserved. Hon. Kenneth M. Karas*
Elektra v. Barker Jan. 26, 2007, argument, transcript request form*
Transcript of January 26, 2007, Proceedings, Elektra v. Barker 1:05-cv-7340 KMK (USDC, SDNY)*
August 22, 2007, Letter of Richard J. Guida in Elektra v. Barker Transmitting Atlantic v. Howell*
August 24, 2007, Letter of Ray Beckerman Responding to Guida Letter*
August 28, 2007, Letter of Ray Beckerman to Judge Karas in Elektra v. Barker (Latin American Music decision)*
August 29, 2007, Letter of Richard Gabriel (re Latin American Music case)*
September 12, 2007, Letter of Brian E. Moran to Hon. Kenneth M. Karas*
October 4, 2007, Letter of Morlan Ty Rogers (Submitting Copy of September 27, 2007, order in Atlantic v. Howell)*
October 15, 2007, Letter of Richard L. Gabriel to Hon. Kenneth M. Karas (Citing Jury Instruction)*
October 15, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas (Re RIAAs’s Citation to Jury Instruction)*
February 25, 2008, Letter of Ray Beckerman to Hon. Kenneth M. Karas in Elektra v. Barker*
February 28, 2008, Letter of Brian E. Moran to Hon. Kenneth M. Karas in Elektra v. Barker*
March 17, 2007, letter of Victor B. Kao to Hon. Kenneth M. Karas (Asking judge to lift stay of discovery in Elektra v. Barker)*
March 31, 2008, Decision of Hon. Kenneth M. Karas, Denying Motion to Dismiss Complaint and Granting Leave to Replead* (551 F. Supp.2d 234)
Notice of reassignment*
Sipulation and order extending time to answer*
April 11, 2008, Letter of Ray Beckerman to Hon. Richard J. Sullivan (re 1292(b) motion for interlocutory appeal)*
April 17, 2008, Letter of Victor B. Kao to Hon. Richard J. Sullivan (opposition to interlocutory appeal)*
April 18, 2008, order, scheduling status report and time to answer*
Amended complaint*
May 16, 2008, Letter of Ray Beckerman to Hon. Richard J. Sullivan (re Reconsideration Motion)*
May 20, 2008, Letter of Richard L. Gabriel and Timothy J. Reynolds to Hon. Richard J. Sullivan (opposition to waiver of pre-motion conference for reconsideration motion)*
May 22, 2008, Opinion and Order denying motion for reconsideration*
Answer to Amended Complaint
Notice of Constitutional Question
Stipulation and order of settlement
Motion to Dismiss Complaint or for Summary Judgment Dismissing Complaint*
Defendant’s Brief in Support of Motion to Dismiss Complaint or for Summary Judgment Dismissing Complaint*
Defendant’s Affidavit in Support of Summary Judgment Dismissing Complaint*
Plaintiffs’ Memorandum of Law Consenting to Dismissal “Without Prejudice”*
Doe brief in Elektra v. Doe
Stephen Robertson affidavit in Elektra v. Doe
July 2, 2008, Order staying discovery and referring motions to dismiss, strike, and quash to Magistrate Judge
Brief in support of motion
Plaintiffs’ Opposition to Motion
December 4, 2008, Decision affirming Magistrate Judge
Motion to dismiss complaint*
Plaintiffs’ memorandum in opposition to motion to dismiss*
Defendant’s reply memorandum in support of motion to dismiss*
RIAA memorandum of law in support of motion to voluntarily dismiss*
Defendant’a opposition to RIAA’s motion to dismiss “without prejudice”*
Decision of Magistrate Judge Allowing Voluntary Dismissal Without Prejudice
Defendant’s Objections to Decision of Magistrate Judge
RIAA Response to Objections
Defendant’s Reply Memorandum in Support of Objections to Magistrate Judge’s Ruling
Defendant David Licata’s response to RIAA motion for expedited discovery
February 5, 2009, Decision Denying Motion for Expedited Discovery
Answer
Answer*
Defendant’s Opposition to Motion for Summary Judgment*
November 6, 2007, Order, Granting in Part, and Denying in Part, RIAA’s Motion for Summary Judgment* (2007 WL 3286622)
Plaintiffs’ memorandum of law in support of initial motion to dismiss defendant’s counterclaim for attorneys fees*
Defendant’s memorandum of law in opposition to plaintiff’s initial motion to dismiss defendant’s counterclaim for attorneys fees*
Record of December 6, 2005, Order, Denying Plaintiffs’ Motion to Dismiss Counterclaim, With Leave to Renew*
Plaintiffs’ memorandum of law*
Defendant’s memorandum of law*
Order denying defendant’s motion to dismiss complaint, granting plaintiffs’ motion for voluntary dismissal without prejudice* (Also reported at 2006 WL 3063493)
(Alternate link)
Exhibit A of Complaint
Exhibit B of Complaint, first part
Exhibit B of Complaint, cont’d
Exhibit B of Complaint, cont’d)
Transcript of May 6th court appearance
Notice of Motion to dismiss complaint
(Alternate link)
Memorandum of Law in support of motion to dismiss complaint
(Alternate link)
Affidavit of Morlan Ty Rogers in support of motion to dismiss complaint
Exhibit A (Complaint)
Exhibit A of Complaint
Exhibit B of Complaint, first part
Exhibit B of Complaint, cont’d
Exhibit B of Complaint, cont’d)
Plaintiff’s Memorandum of Law in opposition to motion to dismiss complaint
Reply Memorandum of Law in support of motion to dismiss complaint
Revised Reply Memorandum of Law in support of motion to dismiss complaint
Letter of plaintiff’s counsel requesting second oral argument and permission to submit additional papers
November 28, 2005, Order and Decision Denying Defendant’s Motion to Dismiss Complaint* (Also published at 2005 WL 3199841 and 79 USPQ2d 1702)
(Alternate link)*
Answer*
Order Affirming Discovery Rulings of Magistrate Fox*
Docket Sheet November 4, 2006*
Notice of Motion to Dismiss without Prejudice*
Delcaration of Richard L. Gabriel in support of RIAA’s Motion to Dismiss without Prejudice*
Memorandum of Law in support of RIAA’s Motion to Dismiss without Prejudice*
Memo Endorsed, Filed February 21, 2007, Accepting Late-Filed Answering Papers*
Memorandum of Law in Opposition to Motion to Dismiss Without Prejudice, and in Favor of Cross Motion for Dismissal With Prejudice or for Jury Trial*
March 6, 2007, Letter of Richard Gabriel, and Memo Endorsed by Judge granting application*
Reply Declaration of Tom Mizzone of MediaSentry*
Reply Declaration of Richard Gabriel*
Reply Memorandum of Law*
Notice of Pre-Trial Conference*
Order Filed March 21, 2007, Denying Plaintiffs’ Motion to Dismiss Without Prejudice*
Mystery Document (Stipulation of Dismissal Signed by Richard L. Gabriel only and filed as a “Notice”)
“Memo Endorsed” Order Dated April 2, 2007, Advising defendant she is free to make motion to discontinue with prejudice*
Stipulation and Order entered April 9, 2007, dismissing case with prejudice except for issue of defendant’s entitlement to attorneys fees*
Complaint Exhibit A*
Complaint Notation that Exhibit B has not been filed electronically*
Rule 26(f) Discovery Plan*
Addendum to Rule 26(f) Discovery Plan*
Motion for default judgment*
Request for entry of default*
January 10, 2007, Default Judgment*
Answer and Counterclaim*
Exhibit A to Answer and Counterclaim*
Exhibit B to Answer and Counterclaim*
January 31, 2007, Order of Judge Robinson granting motion of Jordan Glass for admission pro hac vice*
May 15, 2007, Memo endorsed Order denying application for judgment debtor exam*
July 9, 2007, Joint Letter of Plaintiffs and Defendant*
July 13, 2007, Scheduling Order*
July 18, 2007, Declaration of Richard L. Gabriel*
Minute entry for July 13, 2007, conference, vacating default judgment*
Answer and Counterclaims of Michelle Santangelo*
Affirmation of Jordan Glass in Opposition to RIAA Motion for Attorneys Fees*
Memorandum of Law in Opposition to RIAA Motion for Attorneys Fees*
Answer, Counterclaims, and Jury Demand*
RIAA Reply Memorandum in Support of Motion for Attorneys Fees in connection with Vacating of Default Judgment*
Defendants’ Memorandum of Law in Support of Motion for Leave to Serve Third Party Complaint*
Memorandum of Law in Opposition to Motion for Leave to File 3rd Party Complaint*
Plaintiffs’ Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendants’ Reply Memorandum of Law in Support of Motion to Add Third Party Defendants*
Exhibit A (Affidavit of Service in Lewan v. Sharman)*
Exhibit B (Revised Proposed Third Party Complaint)*
Defendants’ Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims*
Defendants’ Memorandum of Law in Support of Motion for Leave to File Amended Answer and Counterclaims*
Exhibit A — Defendants’ Proposed First Amended Answer and Counterclaims*
October 19, 2007, Letter of Jordan D. Glass to Hon. Mark D. Fox*
October 23, 2007, Letter of Richard L. Gabriel to Hon. Mark D. Fox (Re Misstatement)*
October 23, 2007, Order of Hon. Mark D. Fox, Magistrate Judge, Establishing Discovery Dispute Procedures for the Case*
Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion for Leave to Amend their Answer*
November 20, 2007, Letter Motion to Compel Discovery*
Minute entry for November 30, 2007, discovery conference before Magistrate Mark D. Fox*
Order denying RIAA motion for attorneys fees without prejudice*
February 15, 2008, Order and Decision of Hon. Mark D. Fox Denying Motion for Leave to Implead*
March 4, 2008, Order of Magistrate Judge Fox recommending denial of motion to add counterclaims*
Memorandum of Law and Exhibits Document No. 79
Memorandum of Law and Exhibits Document No. 80
Memo Endorsed staying proceedings due to settlement in principle
Order scheduling settlement conference
Order extending stay for 2 days
Notice of Substitution of Counsel
Exhibit A to Answer and Counterclaim (Amicus Brief in Capitol Records v. Debbie Foster)*
October 28, 2006, Letter of Ray Beckerman to Judge Trager (In connection with summary judgment motion)*
November 1, 2006, Letter of Richard J. Guida to Judge Trager (In connection with summary judgment motion)*
November 17, 2006, Letter of Richard J. Guida*
November 19, 2006, Response of Ray Beckerman*
Attachment to Response of Ray Beckerman (Oct. 31-Nov. 2 email exchange)*
Attachment to Response of Ray Beckerman (Answer & counterclaim)*
Attachment to Response of Ray Beckerman (Exhibit A to Answer & counterclaim)*
November 21st reply letter of Richard Gabriel*
December 1, 2006, Letter of Ray Beckerman to Judge David G. Trager*
Elektra v. Wilke, Affidavit in Support of Motion for Expedited Discovery*
Elektra v. Wilke, Stipulation of Dismissal with Prejudice*
December 4, 2006, Order of Hon. David G. Trager*
December 7, 2006, Letter of Ray Beckerman to Judge Trager*
December 4, 2006, Order*
November 1, 2006, Letter of Richard J. Guida*
February 28, 2006, letter of America Online*
Defendant’s Initial Disclosures*
December 11, 2006, Letter of Richard J. Guida to Judge David G. Trager*
December 12, 2006, Letter, Containing Briefing Schedule*
December 12, 2006, Order of Judge David G. Trager, Denying Reconsideration*
December 14, 2006, Order Staying Motion to Dismiss Counterclaim Pending Guardian Ad Litem Motion*
January 19, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*
February 2, 2007, Letter of Timothy M. Reynolds (Medical issues; RIAA request for expedited discovery)*
February 4, 2007, Letter of Ray Beckerman (Medical issues; RIAA request for expedited discovery; Electronic filing)*
February 5, 2007, Order of Magistrate Robert M. Levy, Ordering Electronic Filing, Fixing Conference, Ordering Defendant Counsel to furnish basis for appointment of Guardian Ad Litem*
February 16, 2007, Docket Entry of Order Scheduling Motion for Guardian Ad Litem*
Plaintiffs’ Memorandum of Law in Response to Motion for Guardian Ad Litem*
March 2, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*
Exhibit A (Docket Report in Priority v. Chan II)*
Exhibit B (February 13, 2006, order in Priority v. Chan II)*
Exhibit C (March 27, 2006, order in Priority v. Chan II)*
Exhibit D (Amicus curiae brief of ACLU, Public Citizen, EFF, AALL, and ACLU-Oklahoma in Capitol v. Foster)*
Exhibit E (February 6, 2007, decision in Capitol v. Foster)*
Exhibit F (Excerpts from transcript of deposition of Dr. Doug Jacobson, UMG v. Lindor, February 23, 2007)*
April 12, 20067, Order of Magistrate Robert M. Levy Granting Defendant’s Motion for Appointment of Guardian Ad Litem*
May 2, 2007, Order Appointing Guardian Ad Litem*
May 2, 2007, Order Setting Conference Date and Directing Parties to Send Letters*
May 7, 2007, Letter of Lisa J. Borodkin (Guardian Ad Litem Reading Materials)*
February 6, 2007, Decision in Capitol v. Foster*
April 23, 2007, Decision in Capitol v. Foster*
In Limine Motion in UMG v. Lindor*
May 9, 2007, Letter of Richard J. Guida (Submitting Reading Materials for Guardian Ad Litem)*
May 10, 2007, Letter of Ray Beckerman Moving to Strike Letter of Richard J. Guida*
May 10, 2007, Order Denying Motion to Strike Guida May 10th Letter*
June 1, 2007, Letter of Richard Guida (“Joint” Settlement Conference Request)*
June 3, 2007, Letter of Ray Beckerman (Opposing “Joint” Settlement Conference Request)(Elektra v. Schwartz)*
June 4, 2007, Letter of Richard Guida (Withdrawing Request for “Joint” Settlement Conference)(Elektra v. Schwartz)*
August 22, 2007, Letter of Richard L. Gabriel to Magistrate Judge Robert M. Levy*
September 7, 2007 Letter of Richard L. Gabriel to Magistrate Judge Robert M. Levy*
September 11, 2007, Order, Setting October 15th Teleconference*
September 20, 2007, Letter of Ray Beckerman to Hon. David G. Trager (re Motion for Judgment on Pleadings)*
September 20, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (re Request for Stay Pending Determination of Motion for Judgment on Pleadings)*
September 20th-21st email exchange*
October 1, 2007, Letter of Richard L. Gabriel to Hon. David G. Trager (Re Defendant’s Motion for Judgment on Pleadings)*
Exhibit A, abbreviated version of September 20th-21st email exchange*
October 1, 2007, Letter of Richard L. Gabriel to Hon. Robert M. Levy (Re Motion for Stay During Pendency of Defendant’s Motion for Judgment on the Pleadings)*
Exhibit A (Letter and enclosures to Judge Trager)*
October 1, 2007, Letter of Ray Beckerman to Hon. David G. Trager (Re Defendant’s Motion for Judgment on Pleadings)*
Exhibit A, Omitted September 21, 2007, 2:56 P.M., email of Ray Beckerman*
October 1, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (Re Motion for Stay During Pendency of Defendant’s Motion for Judgment on the Pleadings)*
October 3, 2007, Letter of Ray Beckerman to Hon. David G. Trager (Briefing Schedule for Motion for Judgment on Pleadings)*
October 11, 2007, Order of Hon. Robert M. Levy staying proceedings until November 13th status conference*
Notice of Motion (Dismissal of complaint pursuant to Fed. R. Civ. P. 12(c))*
Declaration of Ray Beckerman*
Memorandum of Law*
RIAA’s Memorandum of Law in Opposition to Motion for Judgment on Pleadings*
Defendant’s Reply Memorandum of Law in Support of Motion for Judgment on Pleadings*
November 13, 2007, Order, Denying Application for Immediate Discovery*
February 8, 2008, Letter of Richard L. Gabriel*
February 8, 2008, Letter of Ray Beckerman*
February 18, 2008, Order of Hon. Robert M. Levy*
February 25, 2008, Letter of Ray Beckerman to Hon. David G. Trager in Elektra v. Schwartz*
Exhibit A — February 13, 2008, Decision in Atlantic v. Brennan*
February 27, 2008, Letter of Richard L. Gabriel (referring to LaFace v. Does 1-5 and Atlantic v. Brennan)*
April 1, 2008, decision denying motion for judgment on pleadings*
Stipulation of dismissal with prejudice
RIAA Cover Sheet and Rule 7.1 Statement*
April 17, 2007, Letter of Richard Gabriel Asking For Brooklyn Cases to Be Deemed “Related” in Elektra v. Torres*
Answer and Counterclaims*
Answer and Counterclaims, Exhibit A (Amicus Brief filed by ACLU, Public Citizen, EFF, AALL, and ACLU Foundation of Oklahoma in Capitol v. Foster)*
Defendant’s Initial Disclosures*
Defendant’s First Set of Interrogatories to Plaintiffs*
Defendant’s First Request for Production of Documents and Things*
Defendant’s Notice to Take Deposition of Elektra Entertainment*
May 25, 2007, Letter of Richard Guida (Re Motion to Dismiss Counterclaims)*
May 25, 2007, Letter of Ray Beckerman (Re Motion to Dismiss Counterclaims)*
June 1, 2007, Letter of Richard Guida (“Joint” Settlement Conference Request)*
June 3, 2007, Letter of Ray Beckerman (Opposing “Joint” Settlement Conference Request)(Elektra v. Torres)*
October 11, 2007, Letter of Ray Beckerman to Hon. David G. Trager with proposed briefing schedule*
Memorandum of Law in Support of Motion for Random Reassignment*
RIAA Opposition Memorandum*
Defendants’ Reply Memorandum*
December 12, 2007, Letter of Morlan Ty Rogers to Hon. David G. Trager*
Exhibit A – RIAA surreply in Arista v. Does 1-17*
Exhibit B – Oregon Attorney General reply memo*
Exhibit C – Oregon Attorney General reply affidavit*
December 18, 2007, Decision and Order Denying Motion for Random Assignment of Cases*
Defendant’s Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims (Maverick v. Chowdhury*
Defendant’s Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims (Elektra v. Torres)*
RIAA reply memorandum of law (Maverick v. Chowdhury)*
RIAA reply memorandum of law (Elektra v. Torres)*
August 19, 2008, Decision Dismissing Counterclaims and Defense
Elektra v. Torres Stipulation of Dismissal With Prejudice
Motion for Expedited Discovery*
Affidavit in Support of Motion for Expedited Discovery*
Stipulation of Dismissal with Prejudice*
Answer and counterclaims
Memorandum of Law in support of intervention motion
Memo endorsed postponing discovery and conference
Memo endorsed granting intervention
Order and decision denying motion to dismiss*
November 28, 2008, Order Affirming Rulings of Magistrate Judge
Notice of Voluntary Dismissal Without Prejudice
Court’s decision
(Alternate link)(Alternate link #2)(Alternate link #3)*
Expert witness declaration*
(Alternate link) (Alternate link #2)(Alternate link #3)
July 13, 2006, Decision of Amsterdam Court of Appeal
July 31, 2012, Order
Notice and Order to Show Cause dated August 10, 2012
Kotzker declaration
November 20, 2012, decision of Hon. Arthur D. Spatt, District Judge (captioned “Patrick Collins v. Doe 1”)
December 3, 2012, Decision, Hon. Gary R. Brown, U.S. Magistrate Judge
Notice of Motion
Affidavit of Daniel A. Singer
Memorandum of Law
Exhibit A
Exhibit B
Memorandum of law in opposition*
Appendix A*
Appendix B*
Appendix C*
Appendix D*
Appendix E*
Order setting Scheduling Conference date*
April 6, 2006, Order of Hon. Richard J. Holwell, Denying Motion to Quash*
Motion for leave to file amicus brief*
Proposed Amicus Brief*
RIAA Opposition to Motion to File Amicus Brief*
RIAA motion to submit “supplemental authority”*
Memorandum of Law in Support of Motion to Quash Subpoena*
Order Staying Subpoena*
Declaration of Richard A. Altman in Support of Motion to Dismiss*
Memorandum of Law in Support of Motion to Dismiss*
November 14, 2007, Endorsed Order Staying Discovery Pending Ruling on Motion to Dismiss*
Memorandum of Law in Opposition to Defendant’s Motion to Dismiss*
Reply Declaration*
Reply Memorandum*
December 10, 2007, Order Denying Motion to Dismiss*
Order & Decision Partially Granting Dismissal and Denying Amendment*
Plaintiffs’ Motion for Summary Judgment*
Selected exhibits submitted in support of plaintiff’s summary judgment motion*
Defendant Donald Leadbetter’s Cross-Motion for Summary Judgment*
Exhibit A to Defendant’s Cross-Motion (Gary Millen deposition)*
Exhibit B to Defendant’s Cross-Motion (Alan Pitcher deposition)*
Exhibit C to Defendant’s Cross-Motion (Donald Leadbetter’s affidavit)*
Exhibit B to Defendant’s Cross-Motion (Donald Leadbetter deposition)*
Defendant’s memorandum of law in support of motion for attorneys fees*
Amicus Curiae Brief
(Alternate link)*
Order Denying Motion for Attorneys Fees*
Notice of Appeal*
Appellant’s Brief*
February 10, 2009, Decision Affirming Order Denying Attorneys Fees
Petition for rehearing
Answer
RIAA Memorandum of Law in Support of Motion to Dismiss Counterclaims
August 17, 2007, Order and Decision Denying Default Judgment Application and Dismissing Complaint for Failure to State a Claim for Relief*
Amended Complaint*
August 30, 2007, Order of Reassignment*
Order denying Viacom motion for leave to file amicus curiae brief
July 12, 2008, letter in Kruger v. MediaSentry
June 12, 2009, letter closing investigation because of absence of evidence MediaSentry had been paid for its services
Orders denying defendant’s motion to serve late expert report, granting joint motion for lawyer-conducted voir dire, denying defendant’s motion for waiver of witness fees
Motion and Memorandum of Law to Dismiss Complaint, Vacate Order, and Quash Subpoena*
RIAA Opposition Brief*
Defendant’s Reply Brief*
February 22, 2008, order denying motion to dismiss and to quash*
“Supplementary motion to quash”*
RIAA response to “supplementary motion to quash”*
August 12, 2008, letter of John Doe #5
August 26, 2008, RIAA response to letter of John Doe #5
John Doe #5’s Amended Response to Plaintiffs’ Objection
Exhibits
Opinion and order of Magistrate Judge denying John Doe #5’s motion to quash
Defendant John Doe #5’s Motion for Reconsideration
December 2, 2008, Order of Magistrate Judge denying motion for reconsideration
Notice of Dismissal
Motion to quash by John Doe #3*
John Doe #8’s Joining in motion to quash by John Doe #3*
Order Granting Extension of Time*
Brief in Support of Motion by 7 “John Does” to vacate ex parte discovery order, quash subpoena, and dismiss complaint for improper joinder*
Declaration of Thomas Swanton*
February 27, 2008, Decision Dismissing for Misjoinder* (2008 WL 544992)
Amended complaint
Plaintiff’s Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Exhibit A to Plaintiff’s Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Exhibit B to Plaintiff’s Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Memorandum of Law in Opposition to Plaintiffs’ Motion to Dismiss Counterclaims*
Amicus Curiae Brief of Electronic Frontier Foundation in Opposition to RIAA’s Motion to Dismiss Counterclaims*
(Alternate link)
RIAA Reply Memorandum in Support of Motion to Dismiss Counterclaims*
RIAA Memorandum of Law in Opposition to Motion by Electronic Frontier Foundation for Leave to File Amicus Curiae Brief*
April 20, 2007, Letter of Richard A. Altman to Hon. Charles L. Brieant*
Transcript of May 18, 2007, Oral Argument*
May 23, 2007, Order of Hon. Charles L. Brieant, Denying RIAA’s Motion to Dismiss Counterclaims for Declaratory Judgment and Copyright Misuse, and Granting EFF Leave to File Amicus Curiae Brief*
Plaintiff’s Opposition to EFF’s Amicus Brief*
Plaintiffs’ Reply to Second Counterclaim*
June 27, 2007, Corrected Minute Entry in Docket Sheet Confirming First Counterclaim is Dismissed, Second Counterclaim is not dismissed*
Notification of Conference*
September 27, 2007, Letter of Richard Altman to Judge Brieant*
Plaintiffs’ Memorandum of Law in support of voluntary dismissal*
Exibits to plaintiffs’ Memorandum of Law in support of voluntary dismissal*
Plaintiffs’ Memorandum of Law in support of motion for summary judgment dismissing counterclaim*
Plaintiffs’ Memorandum of Law in support of discovery sanctions*
Defendant’s motion for exclusion of MediaSentry evidence on ground of illegality, compel deposition of Matthew Oppenheim, compel expense discovery*
Defendant’s memorandum of law in support of exclusion of MediaSentry evidence on ground of illegality*
Defendant’s Memorandum of Law in Opposition to RIAA’s 3 motions*
Declaration of Richard A. Altman in Support of application for continuance*
Defendant’s Reply Memorandum of Law in Support of Defendant’s motion to compel discovery and for in limine exclusion of MediaSentry material*
Reply memorandum*
RIAA surreply memo in opposition to defendant’s motion to exclude MediaSentry’s illegally procured “evidence”*
Judgment*
Notice of appeal*
Appellant’s Brief
Appellees’ Brief
Defendant-Appellant’s Reply Brief
RIAA Application for adjournment of appellate argument
Timothy Reynolds declaration
Declaration in opposition to adjournment request
Order granting RIAA request for adjournment
June 1, 2009, letter of Timothy Reynolds indicating periods of unavailability
November 16, 2009, Summary Order, USCtApp 2nd Cir
Exhibit A
Answer
Plaintiffs’ memorandum of law in support of motion for summary judgment
Defendant’s memorandum of law in support of defendant’s motion for summary judgment
Plaintiffs’ Reply Memorandum in connection with summary judgment motions
Amended Complaint in Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736*
Docket Entry indicating case had been settled
Defendant’s Memorandum of Law in Support of Motion to Dismiss Complaint
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Motion to Dismiss Negligence Claim on Preemption Grounds
July 9, 2012, Decision of Hon. Lewis A. Kaplan, granting defendant’s motion to dismiss complaint
(Alternate link)
Order (a) treating University’s letter as motion to quash, and (b) quashing subpoena as to John Does #8, 9, and 14
Jane Doe’s Notice of Motion to Quash Subpoena
Affidavit of Morlan Ty Rogers in Support of Motion to Quash
Exhibit A
Exhibit B
Jane Doe’s Memorandum of Law in Support of Motion to Quash
Memorandum of law in opposition
(Alternate link)
Appendix to Memorandum of law in opposition
(Alternate link)
Jane Doe’s Reply Memorandum of Law
(Alternate link)
Judge’s “Memo Endorsed” Order (Handwritten order written on face of moving papers) dated October 12, 2005*
Notice of Appeal to U.S. Court of Appeals for Second Circuit
Appeal preargument statement*
Affidavit of Ray Beckerman in support of motion for stay*
Motion information statement in support of motion for stay*
Plaintiffs’ Response (not yet posted; plaintiff’s counsel declined to furnish us with *.pdf copy)
Order of Second Circuit Judge Robert D. Sack Granting Interim Stay of Subpoena*
Reply Memorandum in Support of Motion for Stay
November 23, 2005, Order of 3-Judge Panel dismissing appeal for lack of jurisdiction*(Alternate link)
Order signed April 9, 2007, and entered April 11, 2007, Granting Plaintiffs’ Motion to Amend Complaint*
Plaintiffs’ Notice Withdrawing Motion to Amend Complaint*
Defendants’ Answer and Counterclaims*
Amended Answer and Counterclaims*
Plaintiffs’ Motion to Dismiss Counterclaims*
Defendant’s Motion for Sanctions and Opposition to Plaintiffs’ Motion to Dismiss Counterclaims*
RIAA Opposition to Motion for Sanctions*
Defendant’s Reply in Support of Motion for Sanctions*
Notice of Motion
Memorandum of Law
Affidavit of Morlan Ty Rogers
Declaration of John Doe #4
Plaintiff’s memorandum of law in opposition
Declaration of Tobias Fieser
Exhibit A
Exhibit B
Defendant John Doe #4’s Reply Memorandum of Law
August 24, 2012, Decision
July 16, 2013, Decision Denying Motion to Dismiss, Malibu Media v. Does 1-11
Order staying enforcement of subpoenas
Plaintiff’s “motion for clarification”
Order sealing information voluntarily disclosed by Verizon prior to return date of subpoena and prior to ruling on motion to quash
June 19, 2012, Report and Recommendation denying anonymous pro se motion
Doe #5’s motion to quash
Plaintiff’s response to Doe #5’s motion to sever and quash
Exhibit B to declaration of Tobias Fieser
December 14, 2006, Letter of Anthony J. Genovesi, Jr.*
December 20, 2006, Letter of Brian E. Moran*
RIAA Cover Sheet and Rule 7.1 Statement*
Answer and Counterclaims*
Answer and Counterclaims, Exhibit A (Amicus Brief filed by ACLU, Public Citizen, EFF, AALL, and ACLU Foundation of Oklahoma in Capitol v. Foster)*
Defendant’s Initial Disclosures*
Defendant’s First Set of Interrogatories to Plaintiffs*
Defendant’s First Request for Production of Documents and Things*
Defendant’s Notice to Take Deposition of Maverick Recording Company*April 17, 2007, Letter of Richard Gabriel Asking For Brooklyn Cases to Be Deemed “Related” in Maverick v. Chowdhury*
May 7, 2007, Letter of Richard Guida re Motion to Dismiss Counterclaims*
May 8, 2007, Letter of Ray Beckerman re Motion to Dismiss Counterclaims*
May 10, 2007, Letter of Brian E. Moran to Ray Beckerman, Requesting Information “supporting defendant’s claim of innocence”*
May 11, 2007, Letter of Ray Beckerman to Brian E. Moran, Rejecting Requesting Information “supporting defendant’s claim of innocence” and Demanding Withdrawal of Frivolous Case*
May 15, 2007, Letter of Brian E. Moran*
May 22, 2007, Letter of Ray Beckerman*
May 23, 2007, Letter of Ray Beckerman to Judge Trager*
Exhibit to Letter — May 23, 2007, Order of Judge Charles L. Brieant in Lava v. Amurao*
May 29, 2007, Letter of Richard J. Guida (Re Motion to Dismiss Counterclaims Conference Request)*
May 30, 2007, Letter of Ray Beckerman (Re Motion to Dismiss Counterclaims Conference Request)*
Exhibit A, Capitol v. Foster, October 5, 2005*
Exhibit B, Warner v. Stubbs, March 13, 2007)*
June 1, 2007, Letter of Richard Guida (“Joint” Settlement Conference Request)*
June 3, 2007, Letter of Ray Beckerman (Opposing “Joint” Settlement Conference Request)(Maverick v. Chowdhury)*
December 18, 2007, Letter of Victor B. Kao to Hon. David G. Trager requesting briefing schedule for motions to dismiss counterclaims*
December 18, 2007, Order Denying Motion for Random Assignment of Cases*
Memorandum of Law of Plaintiffs in Support of Motion to Dismiss Counterclaims*
Defendant’s Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims (Maverick v. Chowdhury*
RIAA reply memorandum of law (Maverick v. Chowdhury)*
August 19, 2008, Decision Dismissing Counterclaims and Defense
Maverick v. Chowdhury, Minute Entry noting settlement in court record
November 21, 2005, response by RIAA
Memorandum of Law in Support of Motion to Dismiss Complaint*
Memorandum of Law in Opposition to Motion to Dismiss Complaint*
Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
July 28, 2006, Letter of Richard Gabriel to Judge Trager*
July 29, 2006, Letter of Ray Beckerman to Judge Trager*
July 31, 2006, Decision of Judge David G. Trager Denying Motion to Dismiss Complaint* (Also published at 2006 WL 2166870)
Defendant’s Answer to Complaint*
December 27, 2006, Order, Scheduling in-person, all principals, settlement conference*
Docket Entry for January 17, 2007, settlement conference, with Matthew Oppenheim of RIAA acting as “principal” of record company plaintiffs*
Stipulation and Order of Settlement*
Notice of Trial
September 16, 2008, Decision and Order denying reconsideration motions
RIAA’s motion for entry of judgment for $200 per infringement
5th Circuit Decision
Petition for Certiorari
Supreme Court orders RIAA to respond
RIAA response in opposition to petition for certiorari
United States Supreme Court Decision Denying Defendants’ Motions for Summary Judgment of Dismissal (pdf file at EFF)
United States Supreme Court Decision Denying Defendants’ Motions for Summary Judgment of Dismissal(online at Findlaw)
September 27, 2006, Order and Decision, Granting Plaintiffs Summary Judgment as to Liability Against Streamcast*
October 16, 2007, Granting in Part Plaintiffs’ Motion for Permanent Injunction*
July 12, 2012, Decision of US Court of Appeals for the Fifth Circuit
Docket sheet*
Affidavit of Morlan Ty Rogers in Support of Motion*
Affidavit of Zi Mei in Support of Motion*
Memorandum of Law in Support of Motion*
Plaintiffs’ Memorandum of Law In Opposition to Motion*
John Doe’s Reply Memorandum of Law In Support of Motion*
Transcript of July 6, 2006, proceeding*
Order dissolving stay*
Answer
Plaintiffs’ memo of law to dismiss counterclaims
Defendant’s opposition
Plaintiff’s reply memo
Decision granting motion to dismiss counterclaims
Defendant’s memo in support of motion for judgment on pleadings
Plaintiffs’ opposition memo
Order denying defendant’s motion without prejudice, fixing discovery schedule
Stipulation of dismissal with prejudice
Defendant’s Opposition to Plaintiff’s Motion to Strike Testimony of Teenager
(Alternate link)
Granado Deposition Transcript Excerpts*
October 12, 2012, docket sheet (with electronic order severing & dismissing as to Does 2-201)
November 20, 2012, decision of Hon. Arthur D. Spatt, District Judge
May 18, 2013, Decision Denying Motion to Dismiss, Patrick Collins v. Doe 1
Notice of Motion by Doe #41
Memorandum of Law
Doe #41 Declaration
Morlan Ty Rogers Affidavit
Plaintiff’s memorandum of law responding to motion by defendant Doe #8
Plaintiff’s memorandum of law in opposition to motion by Doe #41
Reply Memorandum of Doe #41
Doe #1 motion to quash
Plaintiff’s opposition memorandum
August 23, 2012, Order granting Doe #41 motion to sever, dismiss, and quash, Hon. Barbara S. Jones
Order granting discovery as to John Doe #1 only
July 12, 2012, order of Judge Joseph F. Bianco, dismissing, severing, and quashing
RIAA Motion to Dismiss Counterclaims*
Order refusing to reopen case and holding that plaintiff must get guardian ad litem appointed in order to sue 13-year old child*
Motion for appointment of guardian ad litem
(Alternate link)(Alternate link #2)
Order denying motion for appointment of guardian ad litem*
Opinion and Order Dismissing Case*
RIAA’s opposition brief*
Defendant’s reply brief in support of motion to dismiss*
Motion to Withdraw Motion to Enforce Judgment
December 4, 2008, Letter of Matthew J. Oppenheim and “The Oppenheim Group”
Answer*
Amended Complaint*
Defendant’s Request for Admissions*
Defendant’s Request for Documents*
Defendant’s Interrogatories*
Motion to Compel Inspection of Hard Drive*
Opposition to Motion to Compel Inspection of Hard Drive*
Defendant’s Suggested Protective Order*
RIAA Reply Memorandum*
Arellanes SurReply Memorandum*
October 27, 2006, Order, Restricting Hard Drive Inspection to Inspection By Mutually Agreed Upon Neutral Computer Forensics Expert*
March 14, 2007, Order Granting Reconsideration of Protective Order Motion and Revising October 27, 2006, Order
(Alternate link)*
Defendant’s motion for reconsideration, memorandum of law
Defendant’s motion for reconsideration, part 1 of exhibits
Defendant’s motion for reconsideration, part 2 of exhibits
Defendant’s Brief in Support of Motion to Dismiss Complaint
Plaintiff’s Opposition Memorandum
United States Motion for Extension of Time in Which to Determine if Intervention is Appropriate
US Department of Justice brief arguing constitutionality of RIAA’s statutory damages theory
Order granting DOJ motion to intervene (article only)
Defendant’s motion for leave to respond to DOJ brief
Free Software Foundation Motion for Leave to File Amicus Curiae Brief
Proposed Amicus Curiae Brief Submitted by Free Software Foundation
Defendant’s response to Government brief
May 29, 2009, Decision Denying Motion to Dismiss Complaint and Declining to Rule on Constitutionality of RIAA’s Statutory Damages Theory
Plaintiffs’ Memorandum of Law in Support of Motion to Dismiss Counterclaim for Declaratory Judgment*
Defendant’s Memorandum of Law in Opposition to Motion to Dismiss Counterclaim for Declaratory Judgment*
Motion to Amend Counterclaims*
Stipulation for Injunction*
Order denying RIAA motion for reconsideration of order dismissing as to Does 2-5 for improper joinder*
Order dismissing as to plaintiffs Atlantic, Capitol, Elektra, Arista, Priority, and Maverick, for improper joinder of plaintiffs*
Request for Special Notice*
Declaration of Counsel*
Defendant’s motion for change of venue
Defendant’s memorandum of law
Defendant’s motion for appointment of pro bono counsel
Order granting defendant’s motion for appointment of pro bono counsel
Notice of Voluntary Dismissal*
April 3, 2007, Letter, of Thomas Kerr*
April 9, 2007, Letter of Merl Ledford III*
Plaintiffs’ Memorandum of Law in Support of Motion to Dismiss Counterclaims
Defendant’s memorandum of law in opposition to RIAA motion to dismiss counterclaims
Answer with Counterclaim
Defendant’s Motion for Leave to File Amended Answer
Plaintiff’s Motion to Dismiss Counterclaim
Plaintiffs’ opposition
Order granting defendant’s motion for leave to file amended answer
Amended answer
Stipulation of Dismissal Without Prejudice
December 4, 2008, order scheduling motion to vacate default
Declaration in support of motion to be relieved of default
Answer
Order granting motion to vacate default
Plaintiffs’ Memorandum in Support of Motion to Dismiss Counterclaims
Defendant’s Protective Order Motion for Hard Drive Inspection
Defendant’s Opposition to Plaintiffs’ Motion to Dismiss Counterclaims
Defendant’s Amended Counterclaims
Defendant’s Motion to Add RIAA as Additional Defendant on Counterclaims
Motion to Adjourn PreTrial Conference
Motion to Adjourn PreTrial Conference
Notice of Constitutional Question
Defendant’s PreTrial Memorandum
Plaintiffs’ motion to compel additional discovery responses from defendant
Motion and memorandum of law in support of internet audio-visual coverage
Declaration of John Shin
Declaration of Charles Nesson
Plaintiffs’ motion to compel discovery from Judy Tenenbaum
Exhibit A
Hearing Notice
Rescheduled hearing notice
Defendant’s opposition to motion to compel
Affidavit of Judie Tenenbaum
Defendant’s opposition to plaintiffs’ motion to compel additional discovery responses
January 14, 2009, Order and Decision Granting Internet Television Access to January 22nd Oral Arguments
Petition for Writ of Mandamus or Prohibition
Motion for expedited consideration or stay
Defendant’s Response to RIAA Motion for Stay
Motion to Depose Matthew Oppenheim
Memorandum of Law in Support of Motion
January 20, 2009, Order Adjourning Argument to February 24th
Case Opening Notice
January 21, 2009, order fixing briefing schedule
Plaintiffs’ Response to Defendant’s Motion to Compel Deposition of Matthew J. Oppenheim
Exhibit A — January 21, 2009, Letter of Timothy M. Reynolds Threatening Rule 11 Sanctions
Amicus Curiae brief of Electronic Frontier Foundation, Public.Resource.org, Media Access Project, Internet Archive, Free Press, California First Amendment Coalition, and Ben Sheffner
Amicus Curiae Brief of Associated Press, New York Times, Courtroom Television Network, Dow Jones & Co., Gannett Co. Inc., The Hearst Corp., Incisive Media, National Public Radio, NBC Universal Inc., Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press, The E.W. Scripps Co., Tribune Co., and Washington Post Digital
Opposition Brief of Joel Tenenbaum
Amicus curiae brief of CVN
RIAA Reply Brief
Order denying motion to submit amicus brief of AP, NYT, Washington Post, and other news organizations
Order granting motion to submit amicus brief by Electronic Frontier Foundation and other organizations
Order granting motion to submit amicus brief by Courtroom View Network
Order staying proceedings in part
Order scheduling April 7, 2009, oral argument in US Court of Appeals for First Circuit
Motion to proceed with hearing without streaming
Defendant’s motion to stay in part the February 24th omnibus motion hearing
Defendant’s motion for leave to file reply brief in support of motion to compel Matthew Oppenheim deposition
Defendant’s reply in support of motion to compel Matthew Oppenheim deposition
Exhibit A
Exhibit B
Exhibit C
Exhibit D
February 23, 2009, Order
February 20, 2009, Order of US Court of Appeals for the First Circuit
Dept. of Justice 2nd Request for Extension of Time
Motion for permission to file surreply memo
Proposed surreply memo
Order disclosing Judge Gertner relationships to plaintiffs’ and defendant’s counsel
March 4, 2009, fixing schedule for reconsideration motions
Order denying motion to compel deposition of Matthew Oppenheim
Memorandum of law in support of defendant’s motion to dismiss statutory damages claim on constitutional grounds
Notice by RIAA
First Circuit Notice of Argument
Defendant’s Supplemental Brief
Motion for late filing
Motion for reconsideration
Defendant’s memorandum of law
Exhibit A
Exhibit C
RIAA supplemental brief
‘Notice’ of ‘apology’
Motion for leave to file amicus curiae brief
Proposed amicus curiae brief of Free Software Foundation
Department of Justice Motion to Intervene
Department of Justice Memorandum of Law
Order denying reconsideration motion
Plaintiffs’ Memorandum in Opposition
Order granting Free Software Foundation motion for leave to file amicus curiae brief and US Dept of Justice motion for leave to file oversized brief
-MP3 File of April 8, 2009, Oral Argument in SONY BMG Music Entertainment v. Tenenbaum in 1st Circuit Court of Appeals
-Alternate enhanced volume version ready for download (unofficial-prepared by reader “Alter_Fritz”)
-Collection of YouTube Links (unofficial-prepared by Slashdot reader “mariushm”)
John Perry Barlow expert witness report
Opposition to motion for leave to file supplemental authority
Motion for leave to file second amended answer
Proposed second amended answer
Order granting FSF motion for leave to file supplemental authority
First Circuit, April 16, 2009, Decision, Barring Webcast
Plaintiffs’ Motion for Leave to File Response to Amicus Curiae Brief
Plaintiffs’ Response to Amicus Curiae Brief
Order granting plaintiffs leave to respond to amicus curiae brief
Defendant’s notice of motion for rehearing en banc, and district court motion for stay
Plaintiffs’ supplemental authority opposing defendant’s motion for leave to amend answer
Exhibit B-Decision in UMG Recordings v. Martino
Order adjourning motions to June 5th
Plaintiffs’ opposition to defendant’s motion for leave to amend answer
Plaintiffs’ motion to accelerate June 5th hearing and for permission to conduct Chicago deposition of unnamed witness by telephone
Order denying rehearing en banc
Order authorizing telephone deposition
Motion for leave to file revised amicus curiae brief
Proposed revised amicus curiae brief of Free Software Foundation
May 6, 2009, Protective Order
Order partially granting, partially denying, plaintiffs’ motion to compel responses to written discovery requests
Plaintiffs’ opposition to FSF motion for leave to file revised amicus curiae brief
Exhibit B
Motion for Leave to File
Proposed reply brief responding to DOJ
Proposed reply brief responding to RIAAOrders granting motion of defendant to file reply briefs and of amicus to file revised amicus brief
Notice of submission of proposed order
Proposed Protective Order
May 19, 2009, protective order for inspection of defendant’s hard drive
Order accompanying protective order
May 28, 2009, Scheduling Order
Motion for Stay
Petition for Certiorari
Defendant’s response to scheduling order
Plaintiffs’ response to scheduling order
Order denying stay
Motion for sound recording
Order taking motions under advisement
Order denying motion for sound recording
Defendant’s memorandum of law “relating to various issues”
Decision denying RIAA motion to compel production of defendant’s parents’ computer
Jun 15, 2009, decision denying motion to dismiss for unconstitutionality
Defendant’s response to plaintiffs’ motion to exclude expert witnesses & postpone summary judgment motion filing date
Declaration responding to plaintiffs’ motion to compel further discovery responses
Plaintiffs’ motion to modify discovery schedule, obtain new discovery, postpone summary judgment motions
Order dismissing counterclaims, denying motion to dismiss fair use defense
June 16, 2009, Decision denying motion to exclude expert witnesses, granting motion to compel discovery
Plaintiffs’ motion to assess attorneys fees & costs against Joel Tenenbaum
Defendant’s motion to compel plaintiffs’ responses to interrogatories
Motion objecting to MediaSentry evidence
“Response” of Charles Nesson to June 16th order
Motion to exclude expert witness Barlow
Opposition to defendant’s motion to compel answers to interrogatories
Order excluding proposed expert testimony of John Perry Barlow
Order denying defendant’s motion to compel interrogatory answers, compelling plaintiffs to provide revenue information
Plaintiffs’ Motion for Discovery Sanctions & Protective Order
Order to show cause in connection with plaintiffs’ motion for discovery sanctions and protective order
Plaintiffs’ opposition to defendant’s motion to suppress MediaSentry materials
Response to order to show cause
Plaintiffs’ reply to Nesson response
Opposition to motion for leave to call ethnomusicologist as expert witness
Plaintiffs’ motion for protective order for revenue information
Plaintiffs’ Memorandum of Law in support of motion for partial summary judgment dismissing fair use defense
Plaintiffs’ statement of undisputed facts
Plaintiffs’ appendix part 1
Defendant’s motion for internet access
Defendant’s motion to waive witness fees
Defendant’s motion for lawyers to conduct voir dire of jurors
Order directing parties to brief issue of whether Fair Use is triable by jury
Order granting protective order as to 3rd party agreements, denying protective order as to revenue information
Plaintiffs’ motion for “clarification”
Plaintiffs’ response to motion for internet access
Order allowing internet access for demonstration purposes
Plaintiffs’ motion to exclude John Palfrey
Plaintiffs’ Pretrial Memorandum
Exhibit A juror questions
Exhibit B witness list
Exhibit C exhibit list
Exhibit D proposed jury instructions
Exhibit E proposed verdict form
Defendant’s opposition to plaintiffs’ motion for partial summary judgment on fair use
Defendant’s supplemental memo in opposition to plaintiffs’ partial summary judgment motion
Order scheduling 7/20 conference & 7/27 trial
Atlantic Recording Notice of Dismissal
Plaintiff’s response re fair use jury trial question
Defendant’s pretrial memorandum
Exhibit A witness list
Exhibit B exhibit list
Exhibit C requested jury instructions
Order denying motion to suppress MediaSentry evidence on ground of illegality
Joint proposed jury questionnaire
Plaintiffs’ in limine motion re Wayne Marshall as fact witness
Plaintiffs’ in limine motion re Felix Oberholzer-Gee as expert witness
Orders denying reconsideration of motion to submit late expert report of Wayne Marshall, denying defendant’s motion to preclude proof of more than 5 song files, granting plaintiffs’ in limine motion to exclude expert testimony of Oberholzer-Gee
Order excluding Palfrey expert testimony
Order dismissing fair use defense
Order requesting further argument on definition of “wilfulness”
Plaintiffs’ response to jury instruction no. 110
Order that all issues other than copyright ownership will be left to jury
Defendant’s proposed jury instruction on damages
Order directing verdict on liability
Jury instructions
Jury verdict
Plaintiffs’ motion for entry of judgment
Defendant’s motion for extension of time
Defendant’s motion for extension granted
Order that Massachusetts cases to no longer be consolidated
Defendant’s opposition brief
Decision granting in part, denying in part, plaintiffs’ motion for permanent injunction
Judgment
Order Scheduling Post-Judgment Motions
Order Scheduling Attorneys Fees and Sanctions Motions
Decision explaining ruling striking fair use defense
Motion for new trial
Department of Justice opposition brief
SONY BMG Music Entertainment v. Tenenbaum second RIAA request for extension of time to answer remittitur motion
Capitol Records v. Thomas-Rasset RIAA request for extension of time in which to make up its mind about accepting or challenging reduced verdict
Oral argument scheduled for February 16th
RIAA’s memorandum in opposition
Notice of withdrawal of motion
Defendant’s reply brief in support of motion for new trial or remittitur
Tenenbaum & his attorney ordered to pay RIAA’s costs on motion to compel
Order assessing attorneys fees
RIAA’s notice of appeal
RIAA appellate brief
RIAA brief
Tenenbaum brief
Amicus Brief of Electronic Frontier Foundation
RIAA reply brief
Tenenbaum reply brief
Oral argument (mp3 audio file)
September 16, 2011, opinion of US Court of Appeals for 1st Circuit
Petition for rehearing en banc
Defendant’s brief after remand
Department of Justice January 27, 2012, memo
RIAA memo of law, January 27, 2012
Defendant’s reply memorandum responding to Department of Justice
Defendant’s reply memorandum responding to plaintiffs
RIAA motion to strike defendant’s reply briefs
Tenenbaum response to motion to strike
Petition for certiorari
Amended further submission of defendant (request for new trial
Plaintiff’s motion to strike amended further submission
August 23, 2012, decision of Hon. Rya W. Zobel
Notice of Appeal, September 17, 2012
Appellant’s Brief
June 25, 2013, Opinion, US Court of Appeals, First Circuit
Plaintiffs’ request for settlement conference
Stipulation of voluntary dismissal without prejudice
Motion for Extension of Time*
Plaintiffs’ Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Amended Counterclaims*
Decision and Order Granting Motion to Dismiss Counterclaims as to Third Counterclaim and Denying Motion as to First, Second, Fourth, Fifth, and Sixth Counterclaims*
October 3, 2007, Notice of Settlement*
Answer
Amended complaint*
Motion to file reference list under seal*
Answer of Adam Greubel*
Reply memorandum in support of motion to appoint guardian ad litem for minor child*
Withdrawal of motion to appoint guardian ad litem for minor child*
Defendants’ report of settlement conference*
Motion to quash subpoena served upon defendants’ father*
Order referring motion to quash to Magistrate Judge*
Stipulation of dismissal with prejudice
Defendant’s Interrogatories to Plaintiffs*
Defendant’s Request for Admissions*
Defendant’s Response to Rule 34 Request*
April 16, 2007, Motion to Quash Subpoena and Objections*
Stipulation of dismissal*
Order of dismissal*
Plaintiffs’ brief in support of motion to dismiss counterclaims
Defendant’s brief in response to motion to dismiss counterclaims
Answer*
Pro Se Answer
Defendant’s document request
Defendant’s interrogatories
Defendant’s request for admissions
Defendant’s expert witness report
Defendant’s response to plaintiffs’ interrogatories
Defendant’s response to plaintiffs’ document request
Defendant’s Rule 11 motion
Stipulation of dismissal with prejudice
First Amended Answer*
February 2, 2006, Letter of Morlan Ty Rogers to Hon. David G. Trager (re Request for Pre-Motion Conference for Summary Judgment Motion)
April 12, 2006, Expert Witness Report of Dr. Doug Jacobson*
Marie Lindor’s Request for Pre-Motion Conference*
RIAA Response*
Defendant’s Request for Documents*
Defendant’s Interrogatories*
Plaintiffs’ Response to Interrogatories and Document Request*
Draft Stipulation for Mirror Imaging Procedure*
June 20, 2006, application to Magistrate Levy*
RIAA Response*
Exhibit A*
Exhibit B*
RIAA Motion to Compel*
Supplement Part 1*
Supplement Part 2*
Supplement Part 3*
Beckerman Reply to RIAA*
Notice of Motion to Amend Answer*
Ty Rogers Affidavit*
Aram Sinnreich Affidavit*
Memorandum of Law*
RIAA Memorandum in Opposition*
Reply Memorandum in Support of Defendant’s Motion*
Reply Affidavit in Support of Defendant’s Motion*
Stipulation regarding mirror imaging of hard drive*
Order of Magistrate Levy regarding hard drive mirror imaging and certain other discovery matters*
July 28, 2006, Letter of RIAA*
July 28, 2006, Letter of Defendant*
August 1, 2006, Letter of RIAA*
August 1, 2006, Letter of Defendant (Preclusion as to song files plaintiffs failed to produce)*
August 4, 2006, Letter of RIAA (Preclusion)*
August 4, 2006, Letter of Defendant (Preclusion)*
Exhibit – Plaintiffs’ Requests for Admissions, October 2005*
Exhibit – Defendant’s Response to Plaintiffs’ Requests for Admissions, March 2006*
August 6, 2006, Memo Endorsed Order of Magistrate Robert M. Levy*
August 10, 2006, Letter of Ray Beckerman to Magistrate Robert M. Levy (Motion to Compel Depositions of Plaintiffs)*
August 14, 2006, Letter of Richard Gabriel to Magistrate Robert M. Levy*
Exhibit A*
Exhibit B*
August 14, 2006, Letter of Morlan Ty Rogers to Magistrate Robert M. Levy*
Exhibit A*
August 25, 2006, Letter of Richard L. Gabriel, Asking to be in Room at Time of Videoconference*
August 25, 2006, Letter of Ray Beckerman in Opposition*
August 25, 2006, Letter of Morlan Ty Rogers, Requesting Permission to Proceed with February 2, 2006, Summary Judgment Motion*
August 28, 2006, Letter of Ray Beckerman to Magistrate Robert M. Levy (Re: “Privilege” Assertion by RIAA as to Agreements with investigators)*
August 28, 2006, Order of Hon. Robert M. Levy, Magistrate Judge*
August 30, 2006, Letter of Ray Beckerman Requesting Pre-Motion Conference for Summary Judgment Motion and Stay of Discovery During Pendency of Motion*
February 2, 2006, Letter of Morlan Ty Rogers Requesting Pre-Motion Conference for Summary Judgment Motion*
August 30, 2006, Letter of Richard Gabriel Opposing Request Pre-Motion Conference for Summary Judgment Motion and Stay of Discovery During Pendency of Motion, and Requesting Four (4) More Months of Discovery*
Stipulation Filed August 31, 2006, Concerning Confidentiality of Certain Documents*
Transcript of September 7, 2006, deposition of JoAn Cho*
September 8, 2006, Letter to Magistrate*
Document Request Number 4*
Response to Document Request Number 4*
Interrogatory Number 5*
Response to Interrogatory Number 5*
September 13, 2006, Letter of Richard Gabriel*
Transcript of September 7, 2006, Deposition of JoAn Cho, pages 1-3, 30-43*
Notice of Motion (Preclusion – Missing Song Files)*
Affidavit of Morlan Ty Rogers (Preclusion – Missing Song Files)*
Opposition Affidavit of Richard L. Gabriel (Preclusion – Missing Song Files)*
Memorandum of Law in Opposition (Preclusion – Missing Song Files)*
Reply Affidavit of Morlan Ty Rogers (Preclusion – Missing Song Files)*
Reply Memorandum of Law (Preclusion – Missing Song Files)*
Exhibit A (Preclusion – Missing Song Files) (Plaintiffs’ Response to Defendant’s First Interrogatories)*
Exhibit B (Preclusion – Missing Song Files) (Plaintiffs’ Response to Defendant’s Followup Interrogatories)*
Notice of Motion for Protective Order (MediaSentry agreements)*
Memorandum of Law*
Declaration of Richard Gabriel*
Exhibit D to Declaration of Richard Gabriel*
Declaration of Bradley Buckles*
Declaration of Ray Beckerman dated October 22, 2006, in opposition to RIAA motion for protective order*
Defendant’s Memorandum of Law in opposition to RIAA motion for protective order*
October 23, Letter of Ray Beckerman (Hard Drive Report)*
Attachments to October 23, Letter of Ray Beckerman (Hard Drive Report)*
October 25, Letter of Richard L. Gabriel (Hard Drive Report)*
Attachment to October 25 Letter of Richard M. Gabriel (Hard Drive Report)*
November 2, 2006, Order of Magistrate Judge Robert M. Levy, Denying Defendant’s Motion for Discovery Sanctions*
November 9, 2006, Order Granting Leave to Amend Answer to Include Unconstitutionality Defense* (Westlaw Cite: 2006 WL 3335048)
Second Amended Answer, Filed November 9, 2006*
RIAA Reply Declaration (MediaSentry protective order motion)*
RIAA Reply Memorandum (MediaSentry protective order motion)*
November 21, 2006, Letter of Richard A. Altman to Magistrate Robert M. Levy (Quash Subpoena)*
Attachment to Letter of Richard A. Altman (Subpoena)*
Attachment to Letter of Richard A. Altman (Objections to Subpoena)*
November 22, 2006, Letter of Ray Beckerman Joining in Application of Woody Raymond to Quash Subpoena*
November 22, 2006, Order of Judge David G. Trager referring preclusion motion to Magistrate Judge Robert M. Levy*
November 27, 2006, Letter of Richard L. Gabriel*
November 28, 2006, Letter of Ray Beckerman (Hard Drive Deposition Deadline)*
Attachment (Copy of August 3, 2006, Order)*
November 28, 2006, Letter of Richard L. Gabriel Requesting Mutual Extension of Discovery Cutoff*
November 28, 2006, Letter of Ray Beckerman Responding to RIAA Request*
November 29, 2006, Order Extending Discovery Cutoff to 60 Days After RIAA Produces Hard Drive Report*
November 30, 2006, Docket Entry, Oral Argument of MediaSentry protective order motion, preclusion motion, and Ms. Lindor’s son’s objections to subpoena*
Transcript of November 30, 2006, proceedings*
December 12, 2006, Letter of Richard L. Gabriel*
Attachment (Direct TV v. Trone, 209 F.R.D. 455, C. D. Cal. 2002)*
December 12, 2006, Letter of Ray Beckerman*
December 12, 2006, Report and Recommendation Denying in Part and Granting in Part Defendant’s Motion to Preclude (Preclusion – Missing Song Files)*
Defendant’s Objection to Report and Recommendation*
December 13, 2006, Letter of Ray Beckerman (Timetable for Production of Wholesale Download Pricing Documents*
December 14, 2006, Letter of Richard L. Gabriel (Timetable for Production of Wholesale Download Pricing Documents*
December 15, 2006, Letter of Ray Beckerman to Magistrate Robert M. Levy*
Expert Witness Declaration in Foundation v. UPC Nederland*
Court Decision in Foundation v. UPC Nederland*
December 18, 2006, Order of Magistrate Judge Robert M. Levy (Re: Wholesale pricing documents)*
December 19, 2006, Letter of Richard L. Gabriel*
Exhibit A — portion of December 15, 2006, post from “Recording Industry vs. The People”*
December 19, 2006, Letter of Ray Beckerman*
Exhibit A — July 13, 2006, Decision of Amsterdam Court of Appeal*
Plaintiffs’ Motion to Compel*
Richard Gabriel Declaration in Support of Plaintiffs’ Motion to Compel*
Douglas Jacobson Declaration in Support of Plaintiffs’ Motion to Compel*
Plaintiffs’ Memorandum of Law in Support of Motion to Compel*
December 22, 2006, Order and Decision Adopting Magistrate Judge’s Recommendations and Report concerning Defendant’s preclusion motion*
December 22, 2006, Notice of Deposition of Plaintiff’s Expert Witness Dr. Doug Jacobson and Request for Production of Documents*
December 22, 2006, Letter of Richard A. Altman to Magistrate Judge Robert M. Levy*
December 26, 2006, Letter of Richard L. Gabriel*
December 26, 2006, Letter of Ray Beckerman Objecting to Use of Doug Jacobson materials*
Declaration of Dr. Doug Jacobson*
Curriculum vitae*
December 27, 2006, Letter of Richard A. Altman*
December 27, 2006, Letter of Richard L. Gabriel*
Additional December 27, 2006, Letter of Richard L. Gabriel*
December 28, 2006, Letter of Richard A. Altman*
Supplemental Request for Production of Documents to Dr. Doug Jacobson*
January 2, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy, calling attention of court to USA v. Ganier, 468 F. 3d 920 (6th Cir. Nov. 15, 2006) (MediaSentry protective order motion)*
January 2, 2007, Letter of Ray Beckerman to Magistrate Levy*
Proposed Order Governing Production of Wholesale Pricing Documents*
January 3, 2007, Letter of Richard L. Gabriel (Disclosure of Wholesale Download Prices)*
Exhibit A to Letter of Richard L. Gabriel*
January 3, 2007, Letter of Ray Beckerman responding to Gabriel letter (Disclosure of Wholesale Download Prices)*
Exhibit A to Letter of Ray Beckerman*
Exhibit B to Letter of Ray Beckerman*
Exhibit C to Letter of Ray Beckerman*
January 4, 2007, Letter of Richard Gabriel*
January 4, 2007, Letter of Ray Beckerman*
February 7, 2007, Declaration of Ray Beckerman*
Exhibit A (February 7, 2007, Order and Decision in Capitol Records v. Debbie Foster)*
February 15, 2007, Order Scheduling Oral Argument*
February 16, 2007, Order of Magistrate Judge Robert M. Levy denying defendant’s application for order compelling responses to Interrogatory 5 and Document Request 4*
Memorandum of Law In Opposition to Motion to Compel*
Declaration of Richard A. Altman In Opposition to Motion to Compel*
Affidavit of Woody Raymond In Opposition to Motion to Compel*
Transcript of February 23, 2007, Deposition of RIAA Expert Witness, Dr. Doug Jacobson, in UMG v. Lindor (Condensed format)
Transcript of February 23, 2007, Deposition: Excerpts relating to inability to detect an individual
Transcript of February 23, 2007, Deposition: Excerpts relating to absence of Daubert reliability factors
Exhibit 1 (Press Release)*
Exhibit 2 (Press Release 4/21/04)*
Exhibit 3 (Article 4/19/04)*
Exhibit 4 (Article 4/21/04)*
Exhibit 5 (Article 3/3/04)*
Exhibit 6 (“DownloadData” text file from MediaSentry)*
Exhibit 7 (“Kazaa Overlay” Study by Ross, Kumar, and Liang)*
Exhibit 8 (Diagram LAN router NAT)*
Exhibit 9 (Pollution in P2P File Sharing Systems” Study by Ross, Kumar, Liang, and Xi)*
Exhibit 10 (“SystemLog” text file from MediaSentry)*
Exhibit 11 (“UserLog” text file from MediaSentry)*
Exhibit 12 (Screenshot from MediaSentry)*
Exhibit 13 (“Traceroute” text file from MediaSentry)*
Exhibit 14 (“UserLog (Compressed)” text file from MediaSentry)*
Exhibit 15 (Unsigned undated October 25, 2006, draft report)*
Exhibit 16 (April 7, 2006, report)*
Exhibit 17 (Handwritten notes, page DJ0067)*
Exhibit 18 (Handwritten notes on form)*
Exhibit 19 (November 17, 2004, Letter of Patrick M. Flahterty, “Designated Agent”)*
Exhibit 20 (Resume)*
Exhibit 21 (Page from Encase web site)*
Jacobson 2003 Senate Testimony (Used for Questioning but not marked as exhibit)*
March 12, 2007, Letter from Ray Beckerman to Magistrate Robert M. Levy*
Exhibit A-Tom Mizzone declaration in Elektra v. Santangelo*
Exhibit B-Jacobson Deposition Exhibit 6*
Exhibit C-Jacobson Deposition Exhibit 10*
Exhibit D-Jacobson Deposition Exhibit 12 Pages 1-3*
Exhibit E-Jacobson Deposition Exhibit 13*
Exhibit F-Jacobson Deposition Exhibit 14*
Exhibit G-Jacoboson Deposition Exhibit 11 Pages 1-3*
Exhibit H-Oral Argument in Warner v. Does 1-149, Excerpt from Transcript*
Exhibit I-February 23, 2007, Deposition of Dr. Doug Jacobson, Excerpt of Transcript*
March 14, 2007, Letter of Richard L. Gabriel (MediaSentry Protective Order Motion)*
March 27, 2007, Letter of Richard L. Gabriel to Magistrate Levy (Re Motion to Compel Ms. Lindor’s Son to Produce Computer)*
March 27, 2007, Letter of Richard A. Altman to Magistrate Levy (Responding to Richard L. Gabriel March 27th Letter)*
March 30, 2007, Granting RIAA Motion for Protective Order*
Defendant’s Notice of Objection to March 30, 2007, Granting RIAA Motion for Protective Order Concerning MediaSentry agreements*
March 30, 2007, Order Denying RIAA Motion to Compel*
April 2, 2007, Letter of Richard Altman (Re: Attorneys Fees)*
April 3, 2007, Letter of Richard Gabriel (Re: Attorneys Fees)*
April 9, 2007, Objections of RIAA to March 30, 2007, Order, Denying Hard Drive Production*
April 9, 2007, Response of RIAA to Defendant’s Objection to Magistrate Order Granting MediaSentry Protective Order Motion*
April 10, 2007, Order, Denying Woody Raymond Request for Attorneys Fees*
Objections to Magistrate’s Order*
April 20, 2007, Letter of Richard A. Altman Correcting Objections*
April 26, 2007, Letter of Morlan Ty Rogers to Magistrate Robert M. Levy Requesting In Limine Exclusion of RIAA Expert witness Douglas Jacobson trial testimony*
Exhibit T (Transcript of Deposition)(Part 1)*
Exhibit T (Transcript of Deposition)(Part 2)*
Exhibit R (Report of Expert)*
Exhibit H (November 30, 2006, Hearing Transcript)(Part 1)*
Exhibit H (November 30, 2006, Hearing Transcript)(Part 2)*
Rule 37.3 Letter*
May 14, 2007, Letter of Richard L. Gabriel, In Opposition to In Limine Motion*
Exhibit A–May 14, 2007, declaration of Tom Mizzone*
May 14, 2007, Letter of Ray Beckerman designation Prof. Johan Pouwelse as Expert Witness*
Curriculum vitae of Prof. Johan Pouwelse*
Stipulations for Determination of Wholesale Download Prices*
Order approving stipulations*
May 17,2007, Letter of Ray Beckerman to Judges David G. Trager and Robert M. Levy (In Limine Motion to Exclude Trial Testimony of RIAA expert)*
May 18, 2007, Letter of Richard Gabriel*
May 18, 2007, Letter of Ray Beckerman*
May 23, 2007, Letter of Ray Beckerman to Magistrate Judge Robert M. Levy (Discovery on Copyright Misuse)*
Exhibit to Letter — May 23, 2007, Order of Judge Charles L. Brieant in Lava v. Amurao*
Order Re May 25, 2007, Telephone Status Conference*
Order entered May 25, 2007, Levy, M.J., Granting Leave to Serve Subpoena with Alternate Means of Service*
June 29, 2007, Letter of Richard L. Gabriel, Opposing Defendant’s Request for Discovery into Agreements among RIAA members*
July 3, 2007, Letter of Ray Beckerman (Discovery into copyright misuse)*
July 6th Letter of Richard L. Gabriel (Re: Copyright Misuse Discovery Motion)*
July 9th Letter of Ray Beckerman (Re: Copyright Misuse Discovery Motion)*
July 1, 2007, Order of Magistrate Robert M. Levy Reserving Decision on Motion to Compel Discovery*
July 10, 2007, Letter of Richard Gabriel, Denominated a Contempt Motion*
July 10, 2007, Letter of Ray Beckerman, Commenting on Richard L. Gabriel Letter*
July 11, 2007, Order of Magistrate Robert M. Levy Holding Contempt Motion in Abeyance*
July 10, 2007, Subpoena Duces Tecum from RIAA to Verizon Internet Services, Inc.
July 10, 2007, Subpoena Duces Tecum from RIAA to Verizon Internet Services, Inc.
August 8, 2007, Letter of Richard L. Gabriel to Hon. David G. Trager (Motion to Dismiss Copyright Misuse Defense)*
August 15, 2007, Memo Endorsed Order Approving Briefing Schedule*
RIAA Motion to Strike 4th Affirmative Defense, Copyright Misuse*
RIAA Memorandum of Law in Support of Motion to Strike 4th Affirmative Defense, Copyright Misuse*
Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Motion to Dismiss Copyright Misuse Affirmative Defense
Plaintiffs’ Reply Memorandum of Law in Support of Motion to Strike Copyright Misuse Defense*
October 2, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (Re Misstatements in Plaintiffs’ Motion to Strike Fourth Affirmative Defense)*
October 6, 2007, Letter Motion of Ray Beckerman to Hon. Robert M. Levy for order compelling response to Interrogatory dated July 11, 2007 (Re Expenses Per Download)*
October 8, 2007, Notice for Production of Documents (Transcripts of testimony)*
October 11, Letter of Richard L. Gabriel to Hon. Robert M. Levy requesting protective order re July 11, 2007, interrogatory requesting expense information*
October 12, Letter of Ray Beckerman to Hon. Robert M. Levy opposing motion for protective order and in further support of motion to compel response to July 11, 2007, interrogatory requesting expense information*
October 15, 2007, Letter of Richard L. Gabriel to Hon. David G. Trager and Hon. Robert M. Levy (Re Motion to Exclude Dr. Doug Jacobson)*
October 15, 2007, Letter of Ray Beckerman to Hon. David G. Trager and Hon. Robert M. Levy (Re Motion to Exclude Dr. Doug Jacobson)*
October 15, 2007, Letter of Richard L. Gabriel to Hon. Robert M. Levy (Further Opposition to Motion to Compel Expense Discovery)*
October 16, 2007, Letter of Ray Beckerman to Hon. Robert M. Levy (Responding to RIAA’s Further Opposition to Motion to Compel Expense Discovery)*
October 17, 2007, Order of Hon. David G. Trager Affirming Orders of Hon. Robert M. Levy*
Motion of Non-party Woody Raymond for Reconsideration*
RIAA Memorandum of Law in Opposition to Motion for Reconsideration*
November 14, 2007, Subpoena to Safenet, Inc. (“MediaSentry”) for Deposition and for Production of Documents and Things*
November 25, 2007, Order of Hon. Robert M. Levy, Directing Response to Interrogatory and Telephone Deposition*
November 30, 2007, Decision, Denying Defendant’s Motion to Exclude Testimony of Plaintiffs’ Expert and Granting Plaintiffs’ Motion to Strike Affirmative Defense of Copyright Misuse* (531 F. Supp.2d 453)
December 5, 2007, Order Denying Motion for Reconsideration*
December 19, 2007, Letter of Richard L. Gabriel (supplemental expert report)*
Proposed Supplemental Expert Report*
December 19, 2007, Letter of Richard A. Altman in opposition*
December 20, 2007, Letter of Ray Beckerman in opposition*
January 16, 2008, Order directing production of external hard drive*
MediaSentry Subpoena Response Part I*
MediaSentry Subpoena Response Part II*
February 19, 2008, Motion to Compel MediaSentry Document Subpoena Response*
Exhibit A to Motion to Compel MediaSentry Document Subpoena Response (Subpoena sans exhibits)*
Exhibit B to Motion to Compel MediaSentry Document Subpoena Response (Response sans declarations and affidavits responding to item 4)*
February 13, 2008, Expert Witness Report of Prof. Johan Pouwelse*
February 27, 2008, Letter of Thomas M. Mullaney to Hon. Robert M. Levy (opposing motion to compel MediaSentry to answer subpoena)*
February 27, 2008, Letter of Richard Gabriel to Hon. Robert M. Levy (opposing motion to compel MediaSentry to answer subpoena)*
March 3, 2008, Letter of Ray Beckerman responding to MediaSentry*
Exhibit A – Tom Mizzone declaration*
Exhibit B – Text documents (Part 1)
Exhibit B – Text documents (Part 2)
Exhibit C – List of backup materials requested*
Exhibit D – Confidentiality stipulation and emails*
Exhibit E – Tom Mullaney emails indicating no further documents would be produced even with confidentiality stipulation*
Exhibit F – Reply brief of Oregon Attorney General in Arista v. Does 1-17*
Exhibit G – RIAA surreply brief in Arista v. Does 1-17*
Exhibit H – RIAA opposition brief in Arista v. Does 1-21*
March 3, 2008, Letter of Ray Beckerman responding to RIAA*
Exhibit I – Motion to compel production of MediaSentry agreements and March 30, 2007, order denying motion*
Exhibit J – Email exchange stating that MediaSentry was not being requested to turn over its agreements with RIAA*
March 21, 2008, letter motion of Ray Beckerman to quash subpoenas for Illinois and Connecticut depositions*
Exhibit A – Deposition notices and subpoenas*
Exhibit B – Email exchange between Richard L. Gabriel and Ray Beckerman*
Confidentiality stipulation for SONY BMG royalty reports*
Exhibit A to confidentiality stipulation for SONY BMG royalty reports*
April 9, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (re MediaSentry cease and desist order)*
Exhibit A, January 2, 2008, cease and desist order issued by Massachusetts State Police*
April 9, 2008, Letter of Richard L. Gabriel (surreply opposing motion to compel subpeona response from MediaSentry)*
April 7, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (8 discovery issues)*
April 9, 2008, Letter of Richard L. Gabriel (8 discovery issues)*
Exhibit A (email string)*
April 9, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (8 discovery issues)*
Exhibit A (4 email strings)*
April 10, 2008, Letter of Richard L. Gabriel to Hon. Robert M. Levy (8 discovery issues)*
Exhibit A (email string)*
March 26, 2008, Letter of Richard L. Gabriel to Hon. Robert M. Levy (new 3d party discovery)*
March 26, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (new 3d party discovery)*
April 15, 2008, Order denying motion to quash and for protective order (new 3d party discovery)*
April 17, 2008, Letter of Richard L. Gabriel to Hon. Robert M. Levy (re Massachusetts cease and desist order)*
April 17, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (re Massachusetts cease and desist order)*
Exhibit A- printout from LaFace v. Does 1-17, showing capture dates after date of cease and desist order)*
May 2, 2008, Order resolving discovery issues*
May 16, 2008, preliminary order of Hon. Robert M. Levy, Magistrate Judge, granting MediaSentry motion to quash and RIAA motion for protective order*
Letter of Ray Beckerman to Hon. Robert M. Levy (reconsideration of May 16th order denying motion to compel MediaSentry response)*
Exhibit A — May 16th order*
Exhibit B — November 14, 2007, Subpoena*
Exhibit C — May 13, 2007, article from Chronicle of Higher Education*
Exhibit D — May, 2007, declaration of Tom Mizzone*
Letter of Victor B. Kao to Hon. Robert M. Levy*
June 16, 2008, Letter of Thomas M. Mullaney to Hon. Robert M. Levy
June 17, 2008, Letter of Eve G. Burton to Hon. Robert M. Levy
July 4, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (re plaintiffs’ motion for dismissal without prejudice, ‘discovery sanctions’, and a stay
Exhibt A-Jacobson testimony
Exhibit B-Capitol v. Foster
Exhibit C-Atlantic v. Andersen
Excerpts from 3 documents in UMG v. Lindor denying that MediaSentry relied on its technical expertise, contradicting representations made by MediaSentry in Kruger v. MediaSentry
Plaintiffs’ memorandum of law in support of motion for voluntary dismissal without prejudice
Exhibits A to I
Exhibits J to Q
Exhibits R to V
Declaration of Ray Beckerman in opposition
Memorandum of law in opposition
Exhibit A-Jacobson testimony
Exhibit B-Marie Lindor testimony pp 30-36
Exhibit C-Marie Lindor testimony p 24
Exhibit D-Marie Lindor testimony p 27
Exhibit E-June 20, 2006 Email Ray Beckerman to Richard L. Gabriel (Hard Drive)
Exhibit F-Draft stipulation (Hard Drive)
Exhibit G-Defendant’s application to Magistrate Judge Levy for Discovery Rulings(Hard Drive)(Plaintiffs’ Defaults)
Exhibit H-August 3, 2006, reflecting July 25, 2006, discovery rulings
Exhibit I-Timothy M. Reynolds email refusing to provide copy of transcript
Exhibit J-Letter in which Richard L. Gabriel admits that he called Mr. Raymond’s employers
Exhibit K-Defendant’s objection to Gustave Lindor motion as “fishing expedition”
Exhibit L-Ray Beckerman to Hon. Robert M. Levy responding to RIAA cross-motion
Exhibit M-May 9, 2006, RIAA Email transmitting first draft of Hard Drive stipulation
Exhibit N-April 7, 2006, RIAA Email apologizing for delay in responding re Hard Drive inspection
Exhibit 0-December 20, 2007, objection by defendant to RIAA expert submitting 5th version of report containing new matter
Exhibit P-Errata Sheet accompanying deposition transcript of Yannick Raymond-Wright
Exhibit Q-Ars Technica eye witness report of RIAA lawyers consulting “Recording Industry vs. The People during Capitol Records v. Thomas trial
Exhibit R-Kent State University Student Legal Services Office site
Exhibit S-Digital Music Law Class at University of Ottawa School of Law, Professor DeBeer lesson plan
Exhibit T-Beckerman, Ray, “Large Recording Companies vs. The Defenseless: Some Common Sense Solutions to the Challenges of the RIAA Litigations”, The Judges’ Journal, Summer 2008 (American Bar Association–Judicial Section)
Exhibit U-Reynolds, Daniel, Note, “The RIAA Litigation War on File Sharing and Alternatives More Compatible with Public Morality”, 9. Minn. J. L. Sci. Tech 977 (2008)
Exhibit V-MediaSentry inconsistent statements
Exhibit W-December 12, 2006, decision of Hon. Robert M. Levy, granting preclusion as to song files not produced in discovery, denying preclusion of proof by alternative means
Notice of motion and declaration
Supplemental declaration
November 18, 2008, letter of Eve G. Burton to Hon. Robert M. Levy
November 18, 2008, letter of Ray Beckerman to Hon. Robert M. Levy
Plaintiffs’ reply memorandum
Plaintiffs’ memorandum in opposition to Rule 11 motion
Reply Declaration of Ray Beckerman
December 24, 2008, Order Referring Motions to Magistrate Judge Robert M. Levy
Declaration in Support of Substitution of Counsel
Decision of Magistrate Judge denying plaintiffs’ motion for discovery sanctions, granting plaintiffs’ motion for voluntary dismissal without prejudice
Memorandum and Order Dismissing Case, Denying Sanctions Motion
February 25, 2010, letter of Ray Beckerman to District Judge Hon. David G. Trager
Order precluding attorneys fees
February 2, 2009, Decision, Granting Investor Defendants’ Motion to Dismiss Amended Complaint
September 11, 2009, District Court decision
Ninth Circuit Decision Affirming District Court granting of defendants’ motion for summary judgment
March 14, 2013, Decision granting rehearing and upon rehearing adhering to original decision, US Court of Appeals, 9th Circuit
Answer*
Case Management Order*
Case Management Joint Report*
Motion to dismiss complaint*
Declaration of Seyamack Kouretchian in Support of Motion to dismiss complaint*
Opposition Memorandum*
Opposition Declaration of Thorland*
Opposition Declaration of Villalobos*
Reply Memorandum*
December 11, 2006, Order Denying Motion to Dismiss*
Joint Motion to Dismiss With Prejudice
Amended complaint*
Answer to amended complaint*
July 2, 2008, Decision ruling on discovery issues
April 5, 2012, decision of US Court of Appeals for the 2nd CircuitDefendant’s memorandum of law in supuport of motion for summary judgment
Plaintiffs’ opposition memorandum
Defendant’s reply memorandum
April 18, 2013, Opinion Granting Summary Judgment to Defendant After Remand, Hon. Louis L. Stanton
Memorandum of Law in Support of Motion to Quash*
Order denying motion to quash subpoena
(Alternate link)*
Answer*
RIAA Memorandum in Support of Motion for summary adjudication*
Defendant’s Memorandum in Opposition to RIAA Memorandum in Support of Motion for summary adjudication*
Order Setting October 2nd as date certain for trial*
Plaintiffs’ Statement of the Case*
Defendant’s Statement of the Case*
Plaintiffs’ Witness List*
Order Denying RIAA Motion for “Summary Adjudication”*
Defendant’s In Limine Motion to Exclude Plaintiffs’ Exhibit 4 (Copyright chain of title documents)*
October 1, 2007, Granting Defendant’s In Limine Motion to Exclude Plaintiffs’ Exhibit 4 (Copyright chain of title documents)*
Transcript, October 2, 2007, pp. 1-278
Transcript, October 3, 2007, pp. 280-543
Transcript, October 4, 2007, pp. 544-643
Exhibit 6 (alleged screen shot)
Exhibit 7 (“system log”)
Exhibit 8 (“user log” compressed)
Exhibit 9 (“user log”)
Exhibit 10 (“download data”)
Exhibit 11 (“trace route”)
Exhibit 13 (“IM Log”)
Jacobson report
Special Verdict Form
Jury Instructions
Motion to Set Aside Verdict*
Motion to Set Aside Verdict*
RIAA Opposition to Motion to Set Aside Verdict*
Reply Memorandum*
U.S.A. Memorandum in Defense of Constitutionality of Verdict*
May 15, 2008, suggesting possible manifest error of law and calling for briefs and oral argument*
May 20, 2008, Order enlarging time periods for briefing schedule*
May 20, 2008, Order establishing procedures and schedule for briefing by amicus curiae*
June 6, 2008, Order extending briefing schedule*
Amicus brief of Thomas D. Sydnor II of Progress & Freedom Association
Amicus brief of Motion Picture Association of America
Amicus brief of 10 copyright law professors
Amicus brief of Intellectual Property Institute of William Mitchell College of Law
Amicus curiae brief of Electronic Frontier Foundation, Public Knowledge, US Internet Industry Association, and Computer & Communications Industry Association
Notice of appearance of ten copyright law professors
Defendant’s brief in support of new trial
Plaintiffs’ brief opposing new trial
Notice from US DOJ that it takes no position
May 15, 2008, Order indicating possible manifest error of law
September 27, 2007, Order Granting Reconsideration and Vacating August 20, 2007, Order in Atlantic v. Howell
Plaintiffs’ Reply Brief
Defendant’s Reply Brief
Verrilli pro hac vice motion
August 4, 2008, minute entry
September 24, 2008, decision setting aside verdict
Memorandum in support of motion for permission to appeal
Notice of Trial
Defendant’s memorandum of law in opposition
Plaintiffs’ Reply Memorandum
December 23, 2008, Decision of Hon. Michael J. Davis, denying RIAA motion to certification of interlocutory appeal
Memorandum in Support of Motion for Extension of Discovery Deadline
RIAA Opposition to Motion for Extension of time to enable retention of expert by defendant
Motion for Continuance
February 9, 2009, Order, Adjourning Trial to May 11, 2009, and Scheduling Settlement Conference for March 30-31, 2009
February 12, 2009, Decision Granting Extension of Expert Discovery Deadline
Plaintiffs’ motion to adjourn trial
Order granting plaintiffs’ motion for adjournment of trial from May 11 to June 15
Defendant’s motion to enlarge time from 7 days to 21 days for filing of expert’s report
Plaintiffs’ opposition to defendant’s motion to enlarge time from 7 days to 21 days for filing of expert’s report
February 25, 2009, Notice of Settlement Conference
Expert Witness Report of Prof. Yongdae Kim
Notice of May 12th Settlement Conference
Notice of June 15th Trial
Motion for Substitution
Camara Declaration
Blanchfield Declaration
Order granting motion to substitute attorneys
Amended notice of trial
Scheduling order
Order permitting change of defendant’s name in caption
Memorandum of Law in Support of Defendant’s Motion to Suppress All MediaSentry Evidence
Blanchfield affidavit in support of defendant’s motion to suppress MediaSentry material
Defendant’s statement of case
Plaintiffs’ exhibit list
Plaintiffs’ in limine motion to exclude Prof. Kim
Stipulation of uncontested facts
Plaintiffs’ in limine motion to preclude fair use defense
Plaintiffs’ in limine motion to preclude innocent infringement defense
Plaintiffs’ in limine motion to exclude evidence of other lawsuits
Plaintiffs’ Proposed Jury Instructions
Plaintiffs’ motion to preclude defendants from making objections at trial
Plaintiffs’ opposition to defendant’s motion to suppress MediaSentry materials
Notice of hearing scheduling plaintiffs’ motion to preclude objections
Defendants’ response to plaintiffs’ motion to foreclose fair use defense
Defendant’s response to plaintiffs’ motion to preclude reference to cases
Defendant’s response to plaintiffs’ motion to exclude defendant’s expert witness’s testimony
Defendant’s response to plaintiff’s motion to bar her from making objections
Order denying RIAA motion to bar defendant from making evidentiary objections to copyright registrations
June 11, 2009, Decision Ruling on On Limine Motions
Defendant’s Objections to Plaintiffs’ Proposed Exhibits
Plaintiffs’ exhibit list
Plaintiffs’ amended exhibit list filed June 12, 2009
Special Order that names & addresses of jurors and prospective jurors shall not be released
Defendant’s memorandum in support of objection to uncertified sound recordings
Defendant’s memorandum in support of objection to exhibit 4
Plaintiffs’ memorandum in opposition to objection to registration documents
Plaintiffs’ brief opposing objection to uncertified sound recordings
June 16, 2009, Order, sustaining objection to registration documents, overruling objection to uncertain sound recordings and parol evidence
Plaintiffs’ brief opposing objection to uncertified sound recordings
June 16, 2009, Order, sustaining objection to registration documents, overruling objection to uncertain sound recordings and parol evidence
Jury Instructions
Special verdict form
Completed special verdict form
Order allowing attorneys to contact jurors
Plaintiffs’ motion to amend judgment
Defendant’s motion for new trial
Court’s notice of briefing schedule
Court’s notice of briefing schedule
Plaintiffs’ motion for extension of time
Order extending time
Plaintiffs’ Opposition Memorandum
DOJ Opposition Memorandum
Defendant’s Opposition Memorandum
Defendant’s reply brief in support of motion to set aside verdict
Plaintiffs’ reply brief in support of motion to amend judgment
Decision granting remittitur
Notice of election for new trial
Notice of Trial Date
Joint Motion for Relief from order directing settlement mediation under Special Master
Order setting November 1st trial date
October 13, 2010, Decision
Court’s proposed jury instructions
Defendant’s motion for reconsideration
October 13, 2010, Decision
Court’s proposed jury instructions
Defendant’s motion for reconsideration
Department of Justice Opposition Papers
RIAA Opposition Papers
October 22, Decision, Denying Reconsideration, Declining to Rule on Constitutional Issue
Court minutes
Verdict
Amicus reply brief
Defendant’s motion to reduce judgment
RIAA’s opposition brief
Department of Justice’s opposition brief
July 22, 2011, decision
RIAA notice of appeal
RIAA brief
Amicus brief of EFF, Public Knowledge, et al
MPAA Amicus brief
DOJ Appellee Brief
Thomas-Rasset Reply Brief
Notice of arguments
Audiotape of June 12, 2012, argument in US Court of Appeals for the 8th Circuit
Decision of US Court of Appeals for the 8th Circuit
Petition for certiorari
Petitioner’s Reply Brief
RIAA Brief In Opposition to Certiorari
US Supreme Court order list, March 18, 2013
Petition for certiorari*
Docket sheet
show cause why cases should not be severed, April 10, 2013, Hon. Ann Aiken, District Judge
May 4, 2013, Order, Hon. Ann Aiken, District Judge
December 12, 2007, Letter of Richard Guida to Judge Trager requesting permission for late filing of motions*
December 12, 2007, Letter of Jaime Lathrop to Judge Trager opposing RIAA request for permission for late filing of motions*
December 13, 2007, Letter of Richard Guida to Hon. David G. Trager*
December 21, 2007, Letter of Jaime Lathrop to Hon. David G. Trager (re RIAA request for permission for late filing of motion to dismiss counterclaims)*
June 8, 2006, Letter of attorneys for plaintiffs*
June 9, 2006, Letter of attorneys for defendant*
November 20, 2006, Order, Scheduling Pre-Motion Conference for February 2, 2007*
January 31, 2007, Order re-scheduling conference to April 27th*
Defendant’s Memorandum of Law in Support of Motion to Dismiss Complaint*
June 29, 2007, Transcript of proceedings before Judge Stephen C. Robinson (Pre-motion Conference)*
Plaintiffs’ Memorandum of Law in Opposition to Motion to Dismiss Complaint*
Defendant’s Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
Motion for Leave to file Sur-Reply Brief*
Proposed Surreply Brief*
August 22, 2007, Letter of Ray Beckerman opposing Motion for Leave to file Sur-Reply Brief*
August 22, 2007, Letter of Brian E. Moran in Warner v. Cassin Transmitting Atlantic v. Howell*
August 24, 2007, Letter of Ray Beckerman Responding to Moran Letter*
August 28, 2007, Letter of Ray Beckerman to Judge Robinson in Warner v. Cassin (Latin American Music decision)*
September 12, 2007, Letter of Brian E. Moran to Hon. Stephen C. Robinson*
Memo Endorsed Order Granting RIAA Permission to File Sur-reply Brief*
September 18, 2007, Letter of Timothy M. Reynolds to Hon. Stephen C. Robinson
October 4, 2007, Letter of Morlan Ty Rogers (Submitting Copy of September 27, 2007, order in Atlantic v. Howell)*
November 1, 2007, Letter of Timothy Reynolds to Hon. Stephen M. Robinson*
November 2, 2007, Letter of Ray Beckerman to Hon. Stephen M. Robinson*
February 25, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson in Warner v. Cassin*
February 28, 2008, Letter of Brian E. Moran to Hon. Stephen C. Robinson in Warner v. Cassin*
March 17, 2007, letter of Victor B. Kao to Hon. Stephen C. Robinson (Asking judge to lift stay of discovery in Warner v. Cassin)
April 2, 2008, letter of Victor B. Kao to Hon. Stephen C. Robinson (Re Elektra v. Barker 3/31/08 decision)*
April 2, 2008, letter of Ray Beckerman to Hon. Stephen C. Robinson (Re Elektra v. Barker 3/31/08 decision)*
April 21, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson*
April 29, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robertson (copy of Atlantic v. Howell April 29th decision)*
May 15, 2008, letter of Ray Beckerman to Hon Stephen C. Robinson (re Capitol v. Thomas and Atlantic v. Howell)*
Notice of dismissal, so ordered June 4, 2008*
Complaint, Warner v. Does 1-4
Motion for discovery
Declaration of Laurie Rust
Declaration of Carlos Linares
Ex parte orders from other cases
June 12, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson (re recall of previous order)
June 12, 2008, Letter of Ray Beckerman to Hon. Charles L. Brieant (re referral of related case)
June 12, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson (re letter to Judge Brieant)
June 16, 2008, Letter of Victor B. Kao to Hon. Charles L. Brieant
June 16, 2008, Letter of Timothy Reynolds to Hon. Stephen C. Robinson
Notice of motion by Joan Cassin to designate case as related to Warner v. Cassin
August 25, 2008, Order ruling that no discovery schedule will be set at this time
Notice of dismissal without prejudice
RIAA’s Memorandum of Law in Opposition to Motion to Vacate Default*
Defendant’s Reply Memorandum of Law in Support of Motion to Vacate Default*
February 28, 2007, Order Vacating Default Judgment*
Brief*
Robertson Affidavit with Exhibit, May 14, 2008, Informal Opinion of North Carolina Private Protective Services Board*
Proposed Stay Order*
Ex Parte Order.*
Second Ex Parte Order.*
John Does’ Notice of Motion*
Affidavit of Morlan Ty Rogers in Support of Motion*
Affidavit of Zi Mei in Support of Motion*
Memorandum of Law in Support of Motion*
Memorandum of Law in Opposition*
March 31, 2006, Letter of Morlan Ty Rogers Requesting Stay*
March 31, 2006, Letter of J. Christopher Jensen Opposing Stay as to Other 147 Defendants*
Reply Memorandum of Law in Support of Motion*
Transcript of oral argument of John Does’ motion to (a) vacate ex parte discovery order, (b) quash subpoena, and (c) sever and dismiss as to John Does 2-149*
Order Denying John Does’ Motion to Vacate Ex Parte Discovery Order, Quash Subpoena, and Sever and Dismiss as to John Does 2-149*
RIAA’s January 25, 2008, Ex Parte Motion to Vacate Hearing*
January 28, 2008, Order Denying RIAA Motion*
February 27, 2008, Motion to Substitute New Counsel for RIAA Plaintiffs*
Hearing Outline*
March 11, 2008, default judgment*
Defendant’s Request for Judicial Notice*
Plaintiffs’ Notice of Voluntary Dismissal*
Plaintiffs’ Motion to Dismiss*
“Errata” Correcting RIAA’s Motion to Dismiss*
Order permitting correction
October 1, 2006, Defendant’s Objection to Plaintiffs’ Reply*
October 10, 2006, Plaintiffs’ Response to Defendant’s Objection*
October 24, 2006, Defendant’s Reply to Plaintiffs’ Response*
March 13, 2007, Order, Granting So Much of Plaintiffs’ Motion as Sought Dismissal of Their Complaint Without Prejudice, Denying So Much of Plaintiff’s Motion as Sought Dismissal of Defendant’s Counterclaim for a Declaratory Judgment*
Motion for extension of time to file reply to counterclaims*
RIAA Renewal Motion Containing Covenant Not to Sue and Asking for Dismissal of Counterclaims*
Defendant’s Objections to Plaintiffs’ Renewed Motion to Dismiss Counterclaims*
July 2, 2007, Order Dismissing Counterclaim for Declaratory Judgment*
Defendant’s Memorandum of Law in Support of Motion for Attorneys Fees*
Plaintiffs’ Memorandum of Law in Opposition to Motion for Attorneys Fees*
Defendant’s Motion for Leave to Reply, in Support of Motion for Attorneys Fees*
Reply Brief in Support of Attorneys Fees Motion*
Declaration of Expert Witness Jayson Street*
March 5, 2008, Order, Denying Defendant’s Motion for Attorneys Fees*
Notice of Appeal*
US Court of Appeals docketing statement*
Notice of Voluntary Dismissal Without Prejudice
Opinion of US Court of Appeals 2nd Circuit affirming denial of preliminary injunction
Defendants’ memorandum of law in support of motion for summary judgment
January 13, 2014, Decision, Denying Both Summary Judgment Motions Without Prejudice, Hon. Alison J. Nathan, District Judge
Affidavit in support of motion to quash
Order denying motion to quash
