Timeline

This timeline shows the progress of Joel’s case, with the most recent development located at the top of the page. For a list of legal documents sorted by subject, visit our Legal Documents page.

2009. 06.05: Joel’s omnibus hearing takes place in Boston

2009. 06.02 : Judge Gertner denies Joel’s Motion to Stay (834).

2009. 06.01 : Joel files Motion to Stay (834) along with exhibit of Petition for Writ of Certiorari (834-2)

2009. 05.28 : Judge Gertner sets schedule (833) setting Joel’s trial for July 20.

2009. 05.15 : Joel responds to plaintiffs with respect to fair use (829-3) and replies (829-2) to the USA’s memorandum (793) in response to his motion to dismiss and in defense of the constitutionality of the statutory damage provision of the copyright act

2009. 04.30 : Plaintiffs file emergency motion for order permitting telephonic deposition (821) Petition for rehearing en banc is denied by First Circuit

2009. 04.29 : Plaintiffs submit opposition to Joel’s Motion for Leave to File Amended Answer and Counterclaim (820) and First Circuit denies Joel’s motion for stay of District Court hearing pending resolution of petition for rehearing en banc.

2009 04.28 : Joel submits petition for rehearing en banc to the First Circuit

2009. 04.25: Joel requests leave to file second amended answer and counterclaim  (806)

2009. 04.16 : First Circuit favors petitioners’ (RIAA) request for a writ of mandamus or prohibition

2009. 03.22 : USA motions (792) to intervene (memorandum: 793)

2009. 03.20 : Free Software Foundation Motions for leave to  (790) file amicus brief and then files the brief (791)

2009. 03.17 : Apology to court (789) for not withdrawing motion to compel Matthew Oppenheim’s deposition

2009. 03.13 : Joel moves (786) for Extension of Time in order to file Motion for Reconsideration and Reaffirmance of the Court’s Jan. 14 Order. (787, 788; Exhibits #1, #2, #3, #4)

2009. 03.09 : Joel files Motion to Dismiss (779, 780) Judge Nancy Gertner denies Joel’s Conditional Motion to Compel the Deposition of Matthew Oppenheim (781).

2009. 03.05 : Judge Nancy Gertner grants Plaintiffs’ Motion for Leave to File Supplemental Brief Regarding Defendant’s Conditional Motion to Compel the Deposition of Matthew Oppenheim

2009. 03.04 : Judge Nancy Gertner tells parties they may motion to reconsider (776)

2009. 03.03 : Notice of Appearance for Joel by Debra B. Rosenbaum (771), Jennifer L. Dawson (772), James E. Richardson (773), Matthew C. Sanchez (774), Anna V. Volftsun (775)

2009. 03.02 : Court orders notice of factual error in the notice of January 13, 2009

2009. 03.01 : Chief Judge Mark L. Wolf orders Temporary Admission as to Debra B. Rosenbaum (766), Jennifer L. Dawson (767), James E. Richardson (768), Matthew C. Sanchez (769), Anna V. Volftsun (770)

2009. 02.27 : Plaintiffs Motion for Leave to File Supplemental Brief Regarding Joel’s Conditional Motion to Compel the Deposition of Matthew Oppenheim (763)

2009. 02.26 : Judge Nancy Gertner grants USA’s 760 Second Motion for Extension of Time to March 23, 2009.

2009. 02.25 : Judge Nancy Gertner grants Joel’s 758 Motion for Leave to File Reply to Plaintiffs’ Response in Opposition to Joel’s Conditional Motion to Compel the Deposition of Matthew Oppenheim

2009. 02.24 : Judge Nancy Gertner grants Joel’s 756 Motion to Stay. Motion Hearings for 686, 693, 670 is reset for April 30 at 10:00 AM in Courtroom 2 before Judge Nancy Gertner. United States of America files a second Motion for Extension of Time to March 23, 2009 to notify the Court whether the United States intends to intervene in this case and file a brief regarding the constitutionality of the Copyright Act’s statutory damages provision (760).

2009. 02.23 : Joel file Motion for leav to File Reply to Plaintiff’s response in opposition to Joel’s conditional motion to compel the deposition of Matthew Oppenheim (758, Exhibits # 1, # 2, # 3, # 4, # 5). Judge Nancy Gertner addresses delays in proceedings (759)

2009. 02.20 : Joel moves to Stay in Part the February 24, 2009 Omnibus Hearing (756). Plaintiffs file order of USCA as to 734 Notice of Appeal (757)

2009. 02.19 : Plaintiffs’ Notice of Order and Request for Hearing (754)

2009. 01.22 : Plaintiffs respond in opposition to Joel’s Motion to Compel Deposition of Matthew Oppenheim (739)

2009. 01.21 : Hearing rescheduled from Jan. 22 to Feb. 24.

2009. 01.20 : Joel responds to plaintiffs’ Jan. 16 motion to stay court’s order (735) and moves to Compel Deposition of Matthew Oppenheim on January 22, 2009 (736, 737; Exhibits # 1, # 2, # 3 , # 4) Judge Nancy Gertner partially grants plaintiffs’ motion to stay- postponing hear until February 24, 2009 (738)

2009. 01.16 : Plaintiffs motion to Stay the court’s order pending resolution of their petition for a writ of mandamus (733). Plaintiffs file notice of appeal to First Circuit (734)

2009. 01.15 : Court grants Joel’s 708 Motion. Joel responds to 707 Recommendations for Scheduling Order (731, Exhibit A)

2009. 01.14 : Judge Nancy Gertner grants Joel’s motion to allow Internet into the courtroom (730)

2009. 01.13 : Judge Nancy Gertner grants USA’s 724 Motion for Extension of Time to February 27, 2009 .

2009. 01.12 : Joel opposes Plaintiffs’ motion to compel him to respond to Plaintiffs’ discovery (725)

2009. 01.09 : United States of America moves for Extension of Time to February 27, 2009 to Notify the Court whether it intends to file a motion to intervene and to file a brief regarding the constitutionality of the Copyright Act’s statutory damages provision (724)

2009. 01.07 : Court partially grants plaintiffs’ request for extension of time, extending the date only until Jan. 12

2009. 01.05 : Plaintiffs ask for extension of time until Jan. 16 to respond to Joel’s motion for Internet in courtroom (722)

2008. 12.23 : Joel files motion to allow coverage of courtroom proceedings over the Internet (718), Declaration of John Shin, Declaration of Charles Nesson (Exhibits: # 1 , # 2 , # 3 , # 4, # 5, # 6 , # 7 , # 8, # 9, # 10, # 11 , # 12, # 13, # 14, # 15 , # 16, # 17, # 18, # 19, # 20, # 21, # 22, # 23, # 24, # 25, # 26, # 27, # 28, # 29, # 30, # 31, # 32)

2008. 12.15 : Plaintiffs motion for Daniel J. Cloherty to Appear Pro Hac Vice in Rhode Island (6) and is accepted by court (7). A motion Hearing set for Jan. 6

2008. 12.11 : Plaintiffs motion to compel Joel to respond to their written discovery requests (709)

2008. 12.04 : Joel moves for leave to reply to Plaintiffs’ response to his discovery plan (708)

2008. 12.03 : Plaintiffs object to Joel’s discovery plan and propose new schedule (707)

2008. 12.02 : Plaintiffs correct file for Exhibit D in their Nov. 24 opposition to Joel’s Motion for Leave to File Amended Counterclaim (706, 1)

2008. 12.01 : Hearing for Joel’s parents in Rhode Island is moved to Dec. 15 (4)

2008. 11.28 : Plaintiffs oppose Joel’s motion to add the Recording Industry Association of America (RIAA) as a Party to Joel’s Amended Counterclaim (704, Exhibit A)

2008. 11.25 : Judge Gertner grants Plaintiffs’ Motion for Leave to File Excess Pages

2008. 11.24 : Joel submits discovery plan (701), Plaintiffs motion for leave to file excess pages (702) and oppose (703) Joel’s motion for leave to file amended counterclaim (Exhibits: #1, # 2, # 3, # 4)

2008. 11.19 : Motion Hearing is set for Nov. 22, 2:30 pm in Courtroom 2 before Judge Nancy Gertner

2008. 11.18 : Judge Nancy Gertner finds as moot Joel’s motion to add the RIAA as a party. She also finds as moot the plaintiffs’ motion to strike Joel’s motion to add the RIAA as a defendant. Tova Tenenbaum’s Motion to Quash is denied and the Plaintiffs’ Motion to Strike Tova’s motion is granted.

2008. 11.18 : Plaintiffs file memo in support of their previous motion to dismiss Joel’s Counterclaims (691)

2008. 11.18 : Joel files notice questioning constitutionality of Copyright Act of 1976 and Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 (695)

2008. 11.17 : Judge Nancy Gertner grants plaintiffs’ motion to continue trial and convert pretrial to a status conference. Status Conference is set for Nov. 18, 3pm in Courtroom 2 before Judge Nancy Gertner.

2008. 11.14 : Court grants Plaintiffs’ Motion for Leave to file a reply. Plaintiffs file memorandum in support of motion to Dismiss Counterclaims (691). Joel moves to join the RIAA as defendant for amended counterclaim (693) and file a pre-trial memo (694). Notice of Appearance by Daniel J. Cloherty on behalf of Plaintiffs (692). In Rhode Island, court orders Joel’s parents to appear for a hearing (2)

2008. 11.13 : Plaintiffs motion to Strike Tova’s motion to quash subpoena (688, Exhibits: # 1, # 2, # 3, # 4) Plaintiffs also motion to Continue Trial and to Convert Nov. 18 Pretrial Conference to a Status Conference to Discuss Schedule to Complete Discovery and to Resolve Outstanding Issues by All Plaintiffs. (689, Exhibits: # 1, #2 ,#3) Plaintiffs submit proposed documents (690) including proposed Voir Dire, witness list, exhibit list, and proposed jury instructions). Meanwhile in Rhode Island, plaintiffs motion to enter an order compelling Arthur and Judith Tenenbaum (Joel’s parents) to produce their computer (1, Exhibit A). The motion is referred to Magistrate Judge Lincoln D. Almond for determination.

2008. 11.12 : Plaintiffs motion (687-1) to Strike (Joel’s) motion to Join RIAA as Counterclaim Defendant. (Related exhibits: 687-2, 687-3)

2008. 11.10 : Plaintiffs motion for Leave to file a reply to Joel’s opposition to dismiss counterclaim. They also support motion to dismiss counterclaims. (684)

2008. 11. 05 : Joel moves for Leave to Amend Counterclaim. (686-1, 686-2)

2008. 10.31 : Joel’s sister Tova moves to quash subpoena that requires her to produce all of her “homemade and burned CDs containing digital sound recordings” (685)

2008. 10.30 : Plaintiffs oppose Joel’s motion for Protective Order (682, Exhibits A-H). Joel’s parents are subpoenaed to produce all burned or homemade CDs containing digital sound recordings

2008. 10.27 : Joel amends Counterclaim (675), responds in opposition to Plaintiffs’ motion to Dismiss Counterclaim (676), and moves to join the RIAA as a Counterclaim Defendant under FRCP Rules 19 and 20 (677)

2008. 10.23 : Parties inform court of stipulation to jury trial (674)

2008. 10.17 : Court issues notice to Nesson regarding mandatory use of electronic filing (673)

2008. 10.15 : Joel moves for Protective Order to ensure that his confidential, non-relevant digital information is protected from Plaintiffs’ search (672, Exhibit A)

2008. 10.13 : Joel’s parents are deposed in Rhode Island for their family computer.

2008. 10.09 : Judge Nancy Gertner grants Plaintiffs’ motion for Leave to Appear Pro Hac Vice

2008. 10.06 : Plaintiffs motion to dismiss Counterclaim (670, 670-2) and motion for Leave to Appear Pro Hac Vice for admission of Timothy M. Reynolds (of Holme Roberts and Owen in Colorado) (669)

2008. 10.03 : Arthur and Judith Tenenbaum are served with a subpoena and deposition notice.

2008. 09.26 : Court schedules jury trial for Dec. 1. Pretrial conference is to take place on Nov. 18 at 2:30pm in the John Joseph Moakley Courthouse Courtroom No. 2, 3rd floor (663).

2008. 09.23 : Proceedings held before Judge Nancy Gertner. Prof. Nesson requests a trial date; court sets trial date for Dec. 1 at 9:00am. Parties are to inform the court on whether or not this case will by tried by a Jury, or a Bench trial.

2008. 09.22 : Judge Nancy Gertner grants plaintiff’s Motion for Extension of Time. Plaintiffs issue Status Report (657; Exhibits #1, #2, #3, #4 , #5, #6, #7, #8)

2008. 09.18 : Notice of Appearance of Charles Nesson as Joel’s counsel (659)

2008. 09.09 : Joel is ordered to appear for hearing, set for Sept. 23 at 3:30 p.m. in Courtroom 2 before Judge Nancy Gertner (650)

2008. 09.05 : Joel writes letter to Judge Gertner about deposition and being harrassed (648). He also writes to Plaintiffs’ attorney John Bauer, proposing dates for deposition

2008. 09.05 : Plaintiffs file motion, requestion Extension of Time to respond to Joel’s Counterclaims (636, 636-2).

2008. 09.03 : Joel writes letter regarding rescheduling deposition (647)

2008. 09.02 : Joel writes letter explaining that he missed deposition due to illness (646, -1)

2008. 08. 27 : Joel misses ADR hearing

2008. 08.22 : Alternative Dispute Resolution Hearing for Joel is set for Aug.27, 11:30 a.m. in Courtroom 16 before Magistrate Judge Timothy S. Hillman. (626)

2008. 08.19 : Joel Amends Answer with Counterclaim (625)

2008. 08.07 : Plaintiffs oppose Joel’s cancellation request (622)

2008. 07.29 : Joel writes letter, requesting court to cancel mediation, expressing wish to go to trial (616)

2008. 07.28 : Magistrate Judge Timothy S. Hillman is appointed as new Alternative Dispute Resolution provider. Mediation is to be held in Boston on August 27, 2008 at 11:30 a.m.

2008. 07.16 : Joel’s case is assigned to another alternative dispute resolution provider (589)

2008. 07.09 : Senior Judge Morris E. Lasker issues electronic order granting Plaintiffs’ Motion to Continue Mediation

2008. 07. 03 : Plaintiffs motion to continue mediation to July 29 (588)

2008. 06. 25 : Court notice– Alternative Dispute Resolution Hearing for Joel is set for July 17 at 10:30 a.m. in Courtroom 8 before Senior Judge Morris E. Lasker

2008. 06.23 : Judge Gertner orders alternative dispute resolution (577)

2008. 06.17 : Court holds hearing on all pending matters. Court grants Joel’s wish to Amend Answer; addresses Joel’s search for counsel; Joel and plaintiffs are unable to reach a settlement and agree to try an alternative dispute resolution. (See Transcript)

2008. 05.30 : Plaintiff co-counselor Richard L. Gabriel withdraws due to judicial appointment (562)

2008. 05.06 : Claire Newton, of Robinson & Cole, enters her appearance on
behalf of all Plaintiffs. (558)

2008. 04. 23 : Parties are notified that a status conference is set for all parties on June 17, 2008 at 2:30 PM in Courtroom 2 before Judge Nancy Gertner.

2008. 04. 07 : Plaintiffs respond to Joel’s letter asking for appointment of counsel

2008. 2. 29 : Joel writes another letter to Court regarding appointment of counsel. (530)

2008. 2. 14 : Joel writes letter to Court regarding appointment of counsel (525)

2008. 02.06 : Judge Nancy Gertner amends procedural order (521)

2008. 01.30 : Judge Nancy Gertner sets procedural order (513)

2008. 01.29 : Court denies Joel’s Motion to Dismiss, Motion for Sanctions, and Motion for Sanctions under FRCP Rule 11(b). Court moots Plaintiffs’s Cross-Motion for Continuance

2008. 01.29 : Plaintiffs respond to Joel’s Motion for Sanctions, requesting that it be denied (512)

2008. 01.22 : Joel moves for Sanctions under FRCP Rule 11(b). (505, 506, 509-1, 509-2) Joel opposes: Plaintiffs’ opposition of his motion for Summary Judgment and Plaintiffs’ Cross-motion for Continuance (510), Plaintiffs’ opposition of his motion to Dismiss (507), and Plaintiff’s opposition of his motion to Amend Answer (508)

2008. 01.04 : Judge Nancy Gertner grants Plaintiff’s Motion for Extension of Time to File Response/Reply

2008. 01.03 : Plaintiffs argue (497-1) that Joel’s motion for Summary Judgment should be denied because he has no legal authority. They also Cross-motion for Continuance, asking to conduct further investigation on Joel. (Related exhibits: 497-2, 497-3, 497-4, 497-5, 497-6, 497-7, 497-8, 497-9) Plaintiffs respond to (496-1) Joel’s motions to Dismiss and for Summary Judgment in opposition. (Related exhibits: 496-2, 496-3, 496-4, 496-5, 496-6, 496-7, 496-8, 496-9) Plaintiffs respond to Joel’s motion to Amend Answer, saying it should be denied (495-1, 495-2).

2007. 12. 20 : Joel responds to plaintiffs’ motion for Extension of Time (494) asking that it be denied

2007. 12.19 : Plaintiffs request (492-1) that Joel’s motion for Sanctions be denied. (Attachment)

2007. 12.11 : Plaintiffs motion for Extension of Time to reply (to Joel’s motions to Amend Answer, Dismiss Complaint, and Summary Judgment) giving the Thanksgiving and Christmas holidays as their reasons. (489-1, 489-2)

2007. 12.03 : Joel moves for Sanctions (480, 482)

2007. 11.23 : Again representing himself pro se, Joel moves to Dismiss Complaint on the grounds that plaintiffs failed to state a claim upon which relief can be granted and that no genuine issue of material fact exists. He asks for a Summary Judgment (486, 487, 488). Joel moves to Amend Answer. (484, 485)

2007. 09.26: Judge Gertner consolidates six cases (including Joel’s) into one docket because suits are about allegedly obtaining or distributing copyrighted music over the Internet. (J-06)

2007. 09.05 : Joel, appearing pro se, files an answer denying their charges and asks that the case be dismissed. (J-05)

2007. 08.07 : Sony BMG Music Entertainment, Inc., Warner Bros. Records, Inc., Atlantic Recording Corporation, Arista Records LLC, and UMG Recording, Inc., files a civil complaint (J-01) against Joel in federal court for the District of Massachusetts. In their complaint, the plaintiffs claimed that Joel used an “online media distribution system” to download, distribute, and make available MP3 files, seven of them (J-01-2), and that he did so willfully. They seek up to $150,000 in damages per willful infringement. A court action is filed on copyrights (J-03) and Joel is summoned to court (J-04). (Related exhibits: J-01-3, -4, -5, -6, -7, -8, -9; Plaintiffs’ corporate disclosure statement: J-02)

2003-2007 : Several years pass, Joel moves to Boston for school.

2003 : Letter is sent to Joel’s parents’ house, requesting $5250 for 7 songs that Joel (age 16) allegedly downloaded. Joel sends check of $500, explaining his financial situation as a student. The check is returned.