A number of motions were filed on January 28th, by both parties, in Lava v. Amurao, pending in White Plains, New York, before Judge Brieant.

First and foremost, the RIAA has moved to voluntarily dismiss its case, with prejudice. In an unusual tactic, it affirmatively argues that it did nothing wrong in pursuing Mr. Amurao, and should not be charged with Mr. Amurao's attorneys fees.

Other motions filed:

By defendant:
--to exclude MediaSentry testimony on ground of illegality;
--to take deposition of Matthew Oppenheim; and
--to compel discovery into the record companies expenses per download.

By plaintiffs:
--for discovery sanctions against Mr. Amurao; and
--for summary judgment dismissing copyright misuse counterclaim.