Copyright Law

Magistrate Judge Denies RIAA Motion to Vacate Stay of Discovery in Elektra v. Schwartz

By Ty Rogers and Ray Beckerman

In Elektra v. Schwartz, the case against a Queens woman who suffers from Multiple Sclerosis, Magistrate Judge Robert M. Levy has denied the RIAA's second motion to vacate the stay of discovery which has been in effect pending Ms. Schwartz's motion to dismiss the complaint based on Bell Atlantic v. Twombly and Interscope v. Rodriguez (2007 WL 2408484):

[A]s there is a dispositive motion pending before Judge Trager and, in view of the order to preserve evidence, I find that at this time plaintiffs' interests are adequately safeguarded and any potential prejudice to plaintiffs is outweighed by the burden on defendant

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on February 18, 2008 (boomark / email).