Summary
noting that John Doe defendants may be able to "collect some of their litigation costs" from plaintiff film company in the event that the copyright infringement action amounted to an abuse of civil process
Summary of this case from Malibu Media, LLC v. DoeOpinion
Case No. 12-cv-12598
03-15-2013
MALIBU MEDIA LLC, Plaintiff, v. JOHN DOES 1-28, Defendants.
HON. GERSHWIN A. DRAIN
ORDER FINDING OCTOBER 31, 2012 REPORT AND RECOMMENDATION [#17]
MOOT, JOHN DOE 25'S MOTION TO QUASH [#5] MOOT AND JOHN DOE 18'S
MOTION TO QUASH SUBPOENA AND/OR SEVER [#11] MOOT
This case is one among many cases filed nationwide by copyright owners alleging that John Doe defendants downloaded their films without authorization using a peer-to-peer ("P2P") file sharing network known as BitTorrent. On June 29, 2012, this Court granted Plaintiff's Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference so that Plaintiff could subpoena the third party service providers to ascertain the name, mailing address, and telephone number associated with the 28 internet protocol addresses. Thereafter, John Doe 25 filed a Motion to Dismiss/Sever and for a Protective Order and/or to Quash the Subpoena and John Doe 18 similarly filed a Motion to Sever Doe Defendants 2-28 and to Quash Subpoena and/or Dismiss. The motions were referred to Magistrate Judge Laurie J. Michelson for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(A) and 28 U.S.C. § 636(b)(1)(B).
The magistrate judge issued a Report and Recommendation on October 31, 2012. Thereafter, on March 11, 2013, Plaintiff filed a Notice of Voluntary Dismissal indicating that it voluntarily dismisses John Does 1, 2, 3, 4, 5, 6, 18, 25, 27 & 28 only.
Accordingly, because John Does 18 and 25 have been dismissed from this action, the Report and Recommendation is MOOT.
John Doe 18's Motion to Sever Doe Defendants 2-28 and to Quash Subpoena and/or Dismiss [#11] is MOOT.
John Doe 25's Motion to Dismiss/Sever and for a Protective Order and/or to Quash the Subpoena [#5] is MOOT.
The John Doe Defendants remaining in this action are therefore John Does 7 through 17, 19-22, 24 and 26.
Plaintiff voluntarily dismissed John Doe 23 on August 22, 2012. See Dkt. No. 4.
SO ORDERED.
_______________
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and on
March 13, 2013, by electronic and/or ordinary mail.