Legal Documents

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 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)