RIAA files new action against Cassin family after dismissing 'making available' action...

Recording Industry vs The People ^ | Thursday, June 12, 2008 | Ray Beckerman

[antiRepublicrat]

As noted yesterday, in Warner v. Cassin, the "making available" case that had been pending in Westchester, the RIAA voluntarily dismissed the case, giving no notice to the defendant's lawyer. Defendant's lawyer learned of it on June 11th, although it had been filed May 27th.

Today, June 12th, defendant's lawyer learned that on June 4th the RIAA commenced yet another action against the same family over the same exact allegation of copyright infringement, this time suing "Does 1-4". The name of the new case is Warner v. Does 1-4. The RIAA did not disclose to the Court, in the new case, that it was "related" to Warner v. Cassin. As a result, the new case was assigned to another judge, Hon. Charles L. Brieant.

Additionally, in the new action, plaintiffs filed an ex parte motion for discovery.

Defendant's lawyer wrote to Judge Robinson, advising him of what had occurred, and requesting that he recall his previous order and issue a new order making it clear that the dismissal in Warner v. Cassin was "on the merits" and "with prejudice", since that case was the second action involving this identical claim (the first being the Washington DC action in which Ms. Cassin was sued as a "Doe").

Defendant's lawyer also wrote to Judge Brieant, explaining the background, asking him to mark the case as "related" to Warner v. Cassin, asking him to refer the matter back to Judge Robinson, and arguing that the plaintiffs had filed the new case in order to:

-engage in forum shopping; -do an end-run around the impending decision of the dismissal motion; and -do an end-run around the stay of discovery.

[antiRepublicrat]

This is reminding me of the SCO case: Once a judge gets wise to your tricks, pull a maneuver and get it to a new judge who doesn't know you (in SCO's case, filing bankruptcy right before a major hearing). Don't worry, in this day and age information flows quickly, and both judges now know what's going on.

[antiRepublicrat]

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[rednesss]

If the judge had any cajones, he’d throw the attorneys in jail for 60 days for pulling shenanigans.

[SeeSharp]

At the very least he should force the RIAA to pay the defendant’s costs.

[Still Thinking]

Call them a RICO and assess treble damages.

[JamesP81]

The RIAA is eventually going to alienate enough people that they go out of business.