Copyright Law

RIAA withdraws Houston case after being served with Rule 11 sanctions motion in UMG Recordings v. Lanzoni

By Ty Rogers and Ray Beckerman

In UMG Recordings v. Lanzoni, a Houston, Texas, case, the RIAA has voluntarily dismissed its case with prejudice, after being served with a Rule 11 motion.

Defendant never filed the Rule 11 motion with the Court, because the RIAA withdrew its case prior to the expiration of the 21-day "safe harbor" period.

Among other things, the Rule 11 motion cited and discussed the RIAA's tactics in Capitol Records v. Foster and Atlantic Recording v. Andersen, arguing that the attorneys fee awards in those cases have failed to achieve the desired deterrent effect, and that the more forceful remedy of Rule 11 sanctions is now needed.

The defendant's objections to the RIAA's discovery notices invoked the words of Judge Gertner in the June 17, 2008, Conference Transcript, in SONY BMG Music Entertainment v. Tenenbaum, where she stated to the RIAA lawyers: "the formalities of this are basically bankrupting people, and it's terribly critical that you stop it...."

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

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Full post as published by Recording Industry vs The People on March 25, 2009 (boomark / email).