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Case Dismissed Over RIAA’s Failure to Provide Guardian Ad Litem Proposal

Categories: BigMedia v. P2P UsersDecisions

  Text of Priority v. Chan II Dismissal (March 27, 2006)
Other Court Filings

After requesting that the court dismiss an initial action it against Candy Chan, the RIAA filed suit against her teen-aged daughter Brittanny. The RIAA petitioned the court to appoint a guardian ad litem and insisted the defendant pay the guardian's fees. The court initially denied the request because it was troubled over how the guardian would be paid. The court suggested that the RIAA pay guardian fees into escrow with the ultimate determination of who was responsible for such fees to be made by the Court after trial. The court ordered the RIAA to submit a functional proposal for such an appointment and how the guardian could be paid pending the litigation's outcome. The RIAA failed to provide such a proposal.  Consequently, the court dismissed the suit against Brittany:

…Plaintiffs have failed to respond to the Court’s order to submit a functional proposal for the appointment of a guardian ad litem for Defendant. In fact, other than in the caption of Plaintiffs’ response, the Plaintiffs have not even acknowledged thatsuch an order was issued. The Court finds Plaintiffs’ failure to respond to the order inexplicable in ight of the efforts of the Court to work with the Plaintiffs in advancing this case and the fact thatPlaintiffs were ordered to provide a proposal. Accordingly, the Court concludes that Plaintiffs’failure to comply with an order of the Court justifies the dismissal of Plaintiffs’ action.

Sources: Recording Industry v. The People | P2PNet| MP3newswire.net | Wikipedia

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