U.S. District Judge Mónica Ramírez Almadani ruled that Stone and co-writer Troy Powers failed to present credible evidence showing copyright infringement. In her ruling, Almadani sharply criticized the conduct of Stone’s legal team, calling their actions “egregious” when viewed collectively.
“Although each incident of sanctionable conduct, in isolation, may not warrant more than a stern reprimand,” the judge wrote, “it is the aggregate of misconduct reflected in Plaintiffs’ Motion that makes this an egregious situation warranting more severe sanctions.”
In a separate filing, Judge Almadani raised concerns about the treatment of co-plaintiff Powers, noting that recent submissions from Stone’s attorneys failed to reference him at all. Attorney Gerard Fox told the court he “no longer had contact” with Powers, a statement the judge said did not absolve counsel of their professional responsibilities.
“Until leave to withdraw is granted, Fox and Schmidt remain under a professional duty to represent Powers’ interests to the best of their ability,” Almadani wrote, adding that it “does not appear that Plaintiffs’ counsel have upheld their ethical obligation to Powers.”
Fox and co-counsel Douglas M. Schmidt were ordered to explain by Jan. 5 why their failure to follow California’s Rules of Professional Conduct and local court rules should not result in disciplinary action. The judge warned that failing to respond could trigger additional penalties.
Carey has long denied any wrongdoing, and the ruling brings a decisive end to a case that challenged one of the most commercially successful holiday songs in music history.
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Source: Black Enterprise
