Case Management Conference

The Case Management Conference took place on Friday before Judge Jeffrey S. White.

Prior to the conference, the parties submitted a supplemental joint statement. Rather than address issues that are normally covered in a joint statement (briefing schedules, trial dates, scope of discovery and the like), the Defendant attempted (unsuccessfully) to deflect attention from its own wrongdoings by turning the spotlight to CIS, calling the case "a cause." Interestingly, Defendant's portion of the statement declares that "[e]very party and lawyer involved in this matter knows that no [reasonable apprehension of being sued by Defendant] exists." (p. 4) Of course, nothing could be further from the truth, and we see Defendant's effort to downplay its conduct as a sign of the strength of Ms. Somma's underlying claims.

Ms. Somma's rights are plainly being trampled by the Defendant's overreaching claims of copyright protection and Defendant knows it. As described in the complaint, Defendant overtly threatened Ms. Somma and demanded that she "cease and desist from any acts in respect of" her book, After the Rain. Defendant also peppered its threats with reference to other litigaiton it had instituted "to protect its rights"and which had been purportedly "resolved in [its] favor." It's lawyers also told Ms. Somma that Defendant "is prepared to protect its rights." After receiving such threats, what more should Ms. Somma have waited for?

The outcome of the conference is that the Court referred the parties to a settlement magistrate judge. (We have since been assigned to Judge Maria Elena James.) If the parties do not settle, we will have an expedited discovery and hearing schedule regarding Defendant's motion to dismiss followed by a trial date of October 17, 2005. The Court also issued this formal scheduling order today.