Copyright Law

Magistrate recommends denial of defendants' motion to add counterclaims in Elektra v. Santangelo II

By Ty Rogers and Ray Beckerman

In Elektra v. Santangelo II, Magistrate Judge Fox has recommended denial of defendants' motion to amend their answer to add counterclaims, holding that the proposed claims did not satisfy the new pleading standards of Bell Atlantic v. Twombly.

The Magistrate also recommended that "Defendants, in any objections they might file in response to this Report and Recommendation, provide the Court with additional allegations, if any, they may have in support of the four proposed counterclaims that I recommend be dismissed without prejudice."

March 4, 2008, Order of Magistrate Judge Fox recommending denial of motion to add counterclaims*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on March 05, 2008 (boomark / email).