Magistrate Judge Lorenzo F. Garcia in Capitol v. Does 1-16 denied RIAA's ex-parte motion to force the University of New Mexico to disclose the identities of its students.

RIAA ex-parte motions are an attempt at an end run around the Fifth and Fourteenth Amendments, which provide for due process of law.

The Judge ruled that:
> Substantial harm could be caused by disclosure without notice
> Students have a legal right to oppose disclosure.
> The normal subpoena process can and should be used as it provides due process.