RIAA v. Santangelo Default Judgment Vacated

NewYorkCountryLawyer writes "It was reported last week that at the July 13th status conference in Elektra v. Santangelo II, the default judgment taken by the RIAA against Patti Santangelo's daughter, Michelle, was vacated by Judge Stephen C. Robinson. This has now been confirmed in papers filed by the RIAA's lawyers in which they indicated that the Judge vacated the default judgment because he prefers cases to be decided on their merits, rather than by default (pdf). The papers sought $513 in attorneys fees for (a) procuring the default judgment and (b) preparing judgment enforcement documents. Patti Santangelo is the first RIAA defendant known to have moved to dismiss the RIAA complaint. After two years of litigation, the RIAA dropped its case against Patti Santangelo, leaving open only the question of whether the RIAA will be ordered to pay her attorneys fees."

Comments

Re:layer-ease

[Joren]

Quoth Wikipedia:

Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court. In a civil trial involving damages, a default judgment will enter the amount of damages pled in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A defendant can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.

Re:layer-ease

[mddevice]

A default judgement is awarded when a defendant fails to respond or show up in court. To vacate is to basically cancel the judgement and give the defendant another chance. I'm not a lawyer, but I believe that's the basic idea.

Re:Shoudn't really be any question

[Lumpy]

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