RIAA Wants to Depose Dead Defendant's Children

[TankGirl]

RIAA Wants to Depose Dead Defendant's Children;
Will Allow them 60 Days to "Grieve"

Source: Recording Industry vs The People

Just when we think we've heard it all....

In Michigan, in Warner Bros. v. Scantlebury, after learning that the defendant had passed away, the RIAA made a motion to stay the case for 60 days in order to allow the family time to "grieve", after which time they want to start taking depositions of the late Mr. Scantlebury's children:

MOTION TO STAY CASE AND TO EXTEND ALL DEADLINES

Plaintiffs Warner Bros. Records Inc., Sony BMG Music Entertainment, UMG Recordings, Inc., BMG Music, Arista Records LLC, Capitol Records, Inc., and Atlantic Recording Corporation (collectively, “Plaintiffs”), respectfully request the Court stay the case for 60 days and extend all deadlines 60 days. In support thereof, Plaintiffs state the following:

1. Plaintiffs have recently learned that Defendant, Larry Scantlebury, passed away on June 20, 2006. Please see the attached Death Certificate.

2. Prior to Mr. Scantlebury’s passing, Plaintiffs believed that there was potential to resolve the case. While at the time of Mr. Scantlebury’s death, he had not responded to Plaintiffs’ discovery (he had asked for and received extensions), he had indicated that others, in addition to Mr. Scantlebury, were involved in the infringement of Plaintiffs’ copyrights.

3. Plaintiffs do not believe it appropriate to discuss a resolution of the case with the family so close to Mr. Scantlebury’s passing. Plaintiffs therefore request a stay of 60 days to allow the family additional time to grieve.

4. In the event the parties do not reach a resolution with Mr. Scantlebury’s estate or the other family members involved, Plaintiffs anticipate amending the complaint following depositions of members of Mr. Scantlebury’s family.

WHEREFORE, Plaintiffs respectfully request this court stay the case for 60 days and extend all deadlines 60 days.