Judge Stearns denied ISDI’s motion for sanctions against De Rouw and his counsel. ISDI asserted that De Rouw had continuously disregarded the local rules and had harassed ISDI, and noted that the Liebowitz Law Firm that represents De Rouw has been sanctioned in the Southern District of New York. Specifically, ISDI asserts that the complaint for copyright infringement and removal of copyright management information was brought without the knowledge, consent or approval of the plaintiff, a practice that Liebowitz has been accused of in the past – one of the sanctions against Liebowitz ordered by the S.D.N.Y. court was to file an affidavit in each case in which he or his firm has appeared stating that the plaintiff had prior knowledge of and consented to the filing of the complaint. De Rouw ultimately withdrew the complaint when it was set for trial, asserting that he realized that IDSI could not satisfy a judgment. While ISDI is correct concerning the faults that other courts have found with respect to Liebowitz’s litigation practices in general, ISDI did not appear to point to anything specific to this case that would warrant sanctions.
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