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Docket

This page is a repository of all of the court filings associated with the RIAA v. Tenenbaum case. Under U.S. law, all court filings not under seal are a matter of public record, and are free to redistribute. Please feel free to peruse them, link to them, and make use of them in whatever way you please.

N.B.: The files for this case appear under a variety of civil dockets. To tell which docket a filing comes from, notice our convention.:

  • No prefix: Capital Records, Inc. et al v. Alaujan, civil docket number 1:03-cv-11661-NG in the U.S. District Court for the Eastern District of Massachusetts (lead docket; consolidated docket for Joel’s case)
  • J-: Sony BMG Music Entertainment et al v. Tenenbaum, civil docket number 1:07-cv-11446-NG in the U.S. District Court for the Eastern District of Massachusetts (original docket for Joel’s case, consolidated into the above)
  • T-: Sony BMG Music Entertainment et al v. Tenenbaum, civil docket number 2:08-mc-00312-DWA in the U.S. District Court for the Western District of Pennsylvania (docket opened by Plaintiffs to subpoena Joel’s sister Tova)
  • AJ-: Sony BMG Music Entertainment et al v. Tenenbaum, civil docket number 1:08-mc-00104-T-LDA in the U.S. District Court for the District of Rhode Island (docket opened by Plaintiffs to subpoena Joel’s parents)

Complaint

  • Plaintiffs: Complaint against Joel Tenenbaum. (J-01, 2007-08-07)
    • Exhibit A: MediaSentry report identifying 7 songs Plaintiffs believe infringed. (J-01-2)
    • Exhibits B-1 through B-7: MediaSentry screencaps allegedly showing the contents of Joel’s shared folder on KaZaA. (J-01-3, -4, -5, -6, -7, -8, -9)
  • Plaintiffs: Corporate disclosure statement. (J-02, 2007-08-07)
  • Plaintiffs: Civil action cover sheet. (J-03, 2007-08-07)
  • Court: Summons to Joel to appear in court. (J-04, 2007-08-07)

Answer

  • Joel: Answer to Complaint. (J-05, 2007-09-24)
  • Joel: Motion to Amend Answer. (484, 2007-12-07)
  • Plaintiffs: Motion for Extension of Time to reply. (489-1, 2007-12-11)
    • Exhibit A: Text of proposed order allowing extension of time. (489-2)
  • Joel: Response to Motion for Extension of Time. (494, 2007-12-20)
  • Court: Granted Plaintiffs’ Motion for Extension of Time. (2008-01-04)
  • Plaintiffs: Response in Opposition to Joel’s Motion to Amend Answer. (495-1, 2008-01-03)
    • Exhibit A: U.S. District Court for the District of Central California order. (495-2)
  • Joel: Response in Opposition to Plaintiffs’ Opposition to Joel’s Motion to Amend Answer. (508, 2008-01-22)
  • Court: Granted Joel’s Motion to Amend Answer. (2008-06-18)
  • Joel: Amended Answer with Counterclaim. For action over Joel’s counterclaim, go here. (625, 2008-08-20)

Consolidation

  • Court: Order consolidating case in a different docket. (J-06, 2007-09-26)

Joel’s Motion to Dismiss and for Summary Judgment

  • Joel: Motion to Dismiss Complaint and for Summary Judgment. (486, 2007-12-07)
  • Plaintiffs: Motion for Extension of Time to reply. (489-1, 2007-12-11)
    • Exhibit A: Text of proposed order allowing extension of time. (489-2)
  • Plaintiffs: Response in Opposition to Motion to Dismiss and for Summary Judgment. (496-1, 2008-01-03)
    • Exhibit A: U.S. District Court for the District of Central California order denying Defendant’s Motion to Dismiss . (496-2)
    • Exhibit B: U.S. District Court for the District of Northern Texas order denying Defendant’s Motion to Dismiss . (496-3)
    • Exhibit C: U.S. District Court for the District of Northern Texas filing in which Plaintiffs recommend denying Defendant’s Motion to Dismiss . (496-4)
    • Exhibit D: U.S. District Court for the District of Northern California order granting Plaintiffs’ Motion for Summary Judgment . (496-5)
    • Exhibit E: U.S. District Court for the District of Southern California order granting Plaintiffs’ Motion for Default Judgment . (496-6)
    • Exhibit F: U.S. District Court for the District of Southern California order entering a Default Judgment . (496-7)
    • Exhibit G: Letter from Register of Copyrights supporting “Making Available” as infringement (496-8)
    • Exhibit H: Jury instruction supporting “Making Available” as infringement (496-9)
  • Plaintiffs: Cross-motion for Continuance and Opposition to Motion to Dismiss and for Summary Judgment (497-1, 2008-01-03)
    • Exhibit A: MediaSentry affidavit. (497-2)
    • Exhibit C: Attorney Laurie Rust’s affidavit. (497-3)
    • Exhibit D: John Doe #45 ISP record. (497-4)
    • Exhibit E: U.S. District Court for the District of Northern Texas order denying Defendants’ Motions to Dismiss and for Summary Judgment . (497-5)
    • Exhibit F: U.S. District Court for the District of Western Texas order denying Defendants’ Motions to Dismiss and for Summary Judgment. (497-6)
    • Exhibits B-1 through B-4: MediaSentry screenshots of Joel’s alleged shared folder. (497-7, -8, -9, added 2007-01-08)
  • Joel: Opposition to Plaintiffs’ Opposition to Motion to Dismiss. (507, 2008-01-22)
  • Joel: Reply to Plaintiffs’ Opposition to Motion to Dismiss. (510, 2008-01-22)
  • Court: Denied Joel’s Motion to Dismiss, Mooted Plaintiffs’s Cross-Motion for Continuance. (2008-01-29)

Joel’s Motion for Sanctions

  • Joel: Motion for Sanctions. (480, 2007-12-05)
  • Plaintiffs: Opposition to Motion for Sanctions. (492-1, 2007-12-19)
    • Exhibit A: Affidavit of Attorney Laurie Rust. (489-2)
  • Joel: Motion for Sanctions under FRCP Rule 11(b). (505, 2008-01-22)
  • Joel: Affidavit in Support of Motion for Sanctions under FRCP Rule 11(b). (506, 2008-01-22)
  • Joel: Reply in Opposition to Plaintiffs’ Opposition to Motion for Sanctions. (509-1, 2008-01-22)
    • Exhibit A: Evidence of average suit settlement amount. (509-2)
  • Court: Denied Motion for Sanctions. (2008-01-29)
  • Court: Denied Motion for Sanctions under FRCP Rule 11(b). (2008-01-29)

Joel’s Search for a Lawyer

  • Joel: Letter to Court regarding appointment of counsel. (525, 2008-02-14)
  • Joel: Letter to Court regarding appointment of counsel. (530, 2008-02-29)
  • Court: Transcript of June 17 status hearing in which Joel’s search for counsel is addressed. (614, 2008-07-30)
  • Joel: Notice of Appearance of Charles Nesson as Joel’s counsel. (659, 2008-09-22)
  • Court: Notice to Charles Nesson of mandatory use of electronic filing. (673, 2008-10-17)

Dispute Resolution

  • Court: Transcript of June 17 status hearing in which Joel and plaintiffs agree to try alternative dispute resolution. (614, 2008-07-30)
  • Court: Order referring case to alternative dispute resolution. (577, 2008-06-23)
  • Plaintiffs: Motion to continue mediation, unopposed by Joel. (588, 2008-07-03)
  • Joel: Letter to Court requesting cancellation of mediation. (616, 2008-07-29)
  • Plaintiffs: Letter to Court opposing Joel’s cancellation request. (622, 2008-08-07)

Counterclaims and Joining the RIAA

  • Joel: Amended Answer with Counterclaim. (625, 2008-08-20)
  • Plaintiffs: Motion to Dismiss Counterclaim. (670-1, 2008-10-02)
    • Exhibits A-C: Various U.S. District Court cases in support. (670-2)
  • Joel: Amended Counterclaim. (675, 2008-10-27)
  • Joel: Response in Opposition to Plaintiffs’ Motion to Dismiss Counterclaim. (676, 2008-10-27)
  • Joel: Motion to Join the RIAA as a Counterclaim Defendant under FRCP Rules 19 and 20. (677, 2008-10-27)
  • Joel: Motion for Leave to Amend Counterclaim. (686-1, 2008-11-05)
    • Exhibit A: Proposed amendment. (686-2)
  • Plaintiffs:Motion for Leave to file a reply to Joel’s opposition to dismiss counterclaim, and in support of motion to dismiss counterclaims. (684, 2008-11-10)
  • Plaintiffs: Motion to Strike Motion to Join the RIAA. (687-1, 2008-11-12)
    • Exhibit A: Affidavit by Attorney Eve Burton in suppport. (687-2)
    • Exhibits A-D: Exhibits for Exhibit A. (687-3)
  • Court: Granted Plaintiffs’ Motion for Leave to file a reply. (2008-11-14)
  • Plaintiffs: Memorandum in Support of Motion to Dismiss Counterclaims. (691, 2008-11-14)
  • Joel: Motion to Join the RIAA as a Counterclaim Defendant. (693, 2008-11-14)
  • Court: Mooted Motion to Join the RIAA under FRCP Rules 19 and 20; mooted Motion to Strike Motion to Join the RIAA under FRCP Rules 19 and 20. (2008-11-18)
  • Joel: Notice of Constitutional Question. (695, 2008-11-18)
  • Court: A hearing will be held on outstanding motions of this type at a status conference on 2008-01-22 at 2:30 pm.
  • Plaintiffs: Opposition to Joel’s Motion for Leave to Amend Counterclaim (703-1, 2008-11-24)
    • Exhibit A: Excerpts from transcript of September 23, 2008 hearing. (703-2)
    • Exhibit B: Eastern District of Missouri order dismissing counterclaims. (703-3)
    • Exhibit C: District of Minnesota memorandum defending the Copyright Act’s constitutionality of statutory damages. (703-4)
    • Exhibit D: Central District of California order denying motion for judgment notwithstanding verdict. (703-5)
  • Plaintiffs: Opposition to Joel’s Motion to Add the RIAA as a Counterclaim Defendant (704-1, 2008-11-28)
    • Exhibit A: Excerpts from transcript of September 23, 2008 hearing. (704-2)
  • Plaintiffs: Correction to Opposition to Joel’s Motion to Add the RIAA as a Counterclaim Defendant (706-1, 2008-12-02)
    • Exhibit A: Amended Exhibit D. (706-2)

Discovery

  • Court: Procedural Order regarding discovery. (513, 2008-01-03)
  • Court: Amended Procedural Order regarding discovery. (521, 2008-02-06)
  • Joel: Letter to Court regarding his deposition, missed due to illness. (646, 2008-09-02)
  • Joel: Letter to Court regarding rescheduling depositions. (647, 2008-09-03)
  • Joel: Letter to Court regarding his deposition. (648, 2008-09-05)
  • Joel: Copy of Letter from Joel to Attorney John Bauer regarding proposed dates for deposition (649, 2008-09-05)
  • Joel: Motion for Protective Order (672-1, 2008-10-15)
    • Exhibits A-C: Plaintiffs’ Request for Inspection; Plaintiffs’ Proposed Stipulation to Protective Order; Defendant’s Proposed Protective Order. (672-2)
  • Plaintiffs: Opposition to Motion for Protective Order (682-1, 2008-10-30)
    • Exhibits A-H: Proposed Stipulation to Protective Order; Declaration of Eve Burton; United States District Court for the District of Western Texas Order; Supplemental Disclosure Statement; Declaration of Doug Jacobson; Modifications of Admissions; First Set of Interrogatories (682-2)

Protecting Joel’s Parents’ Computer

  • Plaintiffs: Emergency motion to compel response to subpoena. (1-1, 2008-11-13)
    • Exhibit A: Relevant documents from case in Massachusetts. (1-2)
  • Court: Notice of hearing on December 1. (2 and 3, 2008-11-14)
  • Plaintiffs: Notice of rescheduled hearing on December 15. (Joel was not informed by Plaintiffs of the Dec. 1 hearing.) (4, 2008-11-14)
  • Court: At the December 15 hearing, neither our nor Plaintiffs’ counsel could be admitted to appear in the court due to paperwork mistakes. Plaintiffs’ motion (through local counsel) to ‘preserve’ the computer was denied. Hearing rescheduled for January 6 at 2 pm. (2008-12-15)
  • Plaintiffs: Motion for Boston counsel’s appearance pro hac vice. (6, 2008-12-15)
  • Joel: Notice of local counsel’s appearance. (8, 2008-12-15)
  • Joel: Motion for Charles Nesson’s appearance pro hac vice. (9, 2008-12-24)
  • Joel: Opposition to Plaintiffs’ emergency motion to compel response to subpoena . (11, 2009-01-02)
  • Joel: Judie Tenenbaum’s affidavit in support of Joel’s opposition. (12, 2009-01-02)
  • Court: Plaintiffs’ and Joel’s counsel are admitted to practice. (2009-01-05)
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