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Act 104: We Ask the Judge to Reconsider

Via Taubman's belatedly submitted discovery materials, we've learned that, at the time that they allege that I infringed their copyright, they did not actually hold the copyright on the material in question. And more to the point (as you'll see when you read the memorandum), we also finally learned the name and location of the company that actually owned the copyright at the time. And so, with this new information in hand, on October 17, 2002, we asked the judge to reconsider his denial of our motion to dismiss the copyright charge. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION THE TAUBMAN COMPANY LIMITED PARTNERSHIP,   Plaintiff,       Civil Action No. 01-72987 v.   District Judge Zatkoff WEBFEATS AND HENRY MISHKOFF, Magistrate Judge Komives   Defendants.   MOTION TO RECONSIDER DENIAL OF MOTION TO DISMISS COUNT IV Pursuant to Local Rule 7.1(g), and based on evidence obtained after the close of briefing their motion to dismiss Count IV for lack of personal jurisdiction, defendants move the Court to reconsider its denial of that motion. Defendants also request the Court to rule on dismissal of WebFeats under Rule 17, a point overlooked in the ruling. Undersigned counsel Mr. Levy conferred with counsel for plaintiff, Douglas Sprinkle, on October 16, but Mr. Sprinkle refused to concur in the motion. Respectfully submitted, Barbara Harvey (P25478) Suite 3060 Penobscot Building 645 Griswold Detroit, Michigan 48226 (313) 963-3570 Paul Alan Levy (DC Bar 946400) Allison M. Zieve Public Citizen Litigation Group 1600 - 20th Street, N.W. Washington, D.C. 20009 (202) 588-1000 Attorneys for Defendants October 17, 2002

©2002 Hank Mishkoff
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