Michigan court rules:
Case dismissed "with prejudice" against mother;
No attorneys fees;
Guradian ad litem must be appointed for 13 year old defendant.
In an actively contested case in federal court in Michigan, Priority Records LLC et al v. Candy Chan, the RIAA was forced to withdraw its case against a mother. Priority Records v. Candy Chan, U.S. District Court Eastern District of Michigan Southern Division
Case No. 04-cv-73645-DT Honorable: Lawrence Zatkoff.
The RIAA sued the defendant Candy Chan, who had no experience or knowledge of computers. It was possible that her 13 year old daughter may have had a file sharing account.
The RIAA continued to argue that Ms. Chan was indirectly liable for providing a computer to her teenage daughter. After taking Ms. Chan’s deposition, the RIAA moved to add the 13 year old child as a defendant.
Ms. Chan’s attorney, John Hermann of Berkley, Michigan, objected, arguing that the daughter was a minor and that the Court would have to appoint a guardian ad litem to protect the interests of the child, before for the child before they could proceed.
In the meantime, Mr. Hermann indicated that he would make a motion for summary judgment on behalf of Ms. Chan.
The RIAA then immediately moved to withdraw its own case against the mother.
The Judge granted the motion.
A copy of Judge Zatkoff’s opinion, order, and judgment is posted at
http://info.riaalawsuits.us/priority_chan/chan_order_1.pdf. Read the Rest: