Copyright Law

Expedited discovery motion denied in Elektra Entertainment v. Does 1-6, due to RIAA's failure to prove "urgency"

By Ty Rogers and Ray Beckerman

In Elektra Entertainment Group v. Does 1-6, plaintiffs' new case against David Licata's wife and children following the dismissal of Elektra Entertainment Group v. Licata in Cincinnati, Magistrate Judge Timothy S. Black has denied the RIAA's motion for "expedited discovery".

The Judge distinguished the uncontested cases against ISP's which the RIAA lawyers had cited, and ruled, among other things, that:

-"expedited discovery is not the norm. A party seeking expedited discovery must show good cause for departing from the uusual discovery procedures."

-"Good cause for expedited discovery is contingent on urgency. 'The court must protect defendants from unfairly expedited discovery.' Notaro v. Koch, 95 F.R.D. 403, 405 (S.D.N.Y. 1982)." and

-"The Plaintiffs cannot create urgency by naming Doe defendants. The use of Doe defendants is disfavored by the federal courts. [citations omitted]"

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Full post as published by Recording Industry vs The People on February 12, 2009 (boomark / email).