If they do not have enough evidence why did they go to trial?
Recording Industry vs The People
RIAA Says That Without Pretrial Discovery, It Does Not Have Enough Facts to Oppose Paul Wilke's Summary Judgment Motion
In Elektra v. Wilke, the Chicago RIAA case in which defendant Paul Wilke has moved for summary judgment, the RIAA has filed a motion for "expedited discovery", alleging that it does not have sufficient evidence to withstand Mr. Wilke's motion. The RIAA's lawyer said
"Plaintiffs cannot at this time,
without an opportunity for
full discovery
present by affidavit
facts essential to justify
their opposition to Defendant's motion.
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