Law N Motion

Patrick Robinson’s lawyers filed a Motion for Clarification of Order Consolidating Cases and the court ruled on the papers without oral arguments. In the moving papers, Robinson asked for clarification of the court’s order regarding the consolidated cases. “Defendant’s request clarification regarding the deadline to respond to the complaints, and additionally request that they be permitted to seek partial dismissal of the complaint that Plaintiffs be required to amend the complaints based on, among other things, the recent decision of the Supreme Court in Fourth Estate Pub. Ben. Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019).” The court partially granted and partially denied defendant’s requests. The Court points out that in each of Plaintiff’s four operative complaints, Plaintiff refers to “pending copyright registration applications.” Under Fourth Estate, Plaintiffs do not have standing to assert copyright infringement claims for works where the applications remai...

Is it possible to testify against yourself in a trial in which you did not appear? Anthony Todd may find out soon enough. On Friday, September 27, 2019 Melissa Scott’s attorneys filed a Motion for Reconsideration regarding the denied injunction against Todd. In Scott’s proposed judgment it was requested that Todd be enjoined from further infringement, and among other things, for Todd to preserve every file of Dr. Scott’s works. Judge Klausner denied the injunction reasoning that Scott had not proven that Todd was likely to continue to infringe. He further denied the preservation of all files because that was not what the complaint requested. In Friday’s moving papers, Scott’s attorneys request the Judge reconsider his previous orders and issue the injunction. The documents contain screenshots of Posts by Todd wherein he is conversing with other people online in google groups and Facebook. In these posts Todd promises Scott that he will not stop sharing the files...