But less than an hour after receiving the offer, Thomas-Rasset's attorney Joe Sibley rejected the offer -- and indeed any offer that involves the defendant paying money:
Jammie will not accept anything offer that requires her to pay money to or on behalf of the Plaintiffs. Thus, your offer of settlement is rejected.Added Sibley in an email to C&C:
[A]s our response makes clear, Jammie is standing on principle here, and will not accede to payment demands that the RIAA is making thru an unconstitutional statutory scheme (that they lobbied for the creation of) and we will ride this train to it's appellate end no matter how many future remittiturs are rejected.In response to Thomas-Rasset's rejection of the offer, RIAA spokeswoman Cara Duckworth confirmed that the labels will reject the remitted award of $54,000 and proceed to a third trial:
It is a shame that Ms. Thomas-Rasset continues to deny any responsibility for her actions rather than accept a reasonable settlement offer and put this case behind her. Given this, we will begin preparing for a new trial.Letter from labels re settlement of Thomas-Rasset case
Added RIAA General Counsel Steven Marks in a statement:
After two unprecedented trials and a wave of national attention, there should be no doubt that illegal downloading is wrong and that there should be real consequences for those who ignore the law. The message is resoundingly clear. This case helped affirm the important principles of accepting responsibility for one's actions and compensating the people who create great music and bring it to the public. We've accomplished what we set out to do, and now we seek to resolve this matter fairly and expeditiously. We hope Ms. Thomas-Rasset accepts our offer.Under the current schedule, the labels must inform Judge Davis of their choice between the reduced award or a third trial by this Friday, though they have asked for a ten-day extension. But given Thomas-Rasset's rejection of the offer, the extra time may no longer be necessary. Update: the deadline has been extended until Monday, February 8.
Updated to reflect Thomas-Rasset's rejection of offer.