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RIAA brings third proceeding against University of Maine "John Does"; this time Court does not sign ex parte discovery order

By Ty Rogers and Ray Beckerman

The RIAA has commenced yet another case targeting University of Maine Students, BMG v. Does 1-11.

Like all other "John Doe" cases brought by the RIAA, it was brought ex parte.

This time, however, the judge declined to sign the proposed ex parte discovery order, noting that

I see no reason for the court to take immediate action in this case as there is no evidence that records are about to be destroyed.

The Court ordered the records to be unsealed, directed the RIAA to give copies of the motion to the University of Maine's legal counsel, and reserved ruling on the motion in light of the pending motions by the defendants in the 2 earlier cases.

The judge, Magistrate Judge Margaret J. Kravchuk, is the same judge who suggested an order to show cause for Rule 11 sanctions against the plaintiffs and their lawyers in
Arista v. Does 1-27.

Order Reserving Decision on ex parte discovery application*

* Document published online at Internet Law & Regulation

[Ed. note. Is it just me, or has the stupidity of the RIAA lawyers attained new heights? To bring an ex parte discovery application before a judge who already has suggested they should be subjected to Rule 11 sanctions, based upon an "emergency" application founded on affidavits of "emergency" which have been previously shown to be false, and which are based on illegally procured evidence, at the same time that there is also a Rule 11 motion pending against them for bringing an unauthorized "action in aid of discovery"? Or is it the record companies who are more stupid, because the lawyers at least are getting paid for this madness, while the record companies are the payors? -R.B.]

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Full post as published by Recording Industry vs The People on May 29, 2008 (boomark / email).