Boy Racer, Inc. v. Does 1-22
MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 5/9/2011:Mailed notice(srn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
BOY RACER, INC.,
11 C 2984
It seems that attorney John Steele (“Steele”) might be well
advised to stay away from Las Vegas or other casinos, because his
current filing on behalf of plaintiff Boy Racer, Inc.
has--despite odds in the range of 25 to 1--been assigned at
random to the calendar of this District Court, which had
previously been the recipient of another random assignment of a
Steele-filed action (that one being CP Productions, Inc. v. Does
1-300, No. 10 C 6255).
This Court had ended up dismissing the CP
Productions action for the reasons stated in its February 7, 2011
memorandum order and its February 24, 2011 memorandum opinion and
order, which (among other reasons) rejected attorney Steele’s
effort to shoot first and identify his targets later.
As appeared to be true in the CP Productions case, it would
seem feasible for Steele and his client to pursue the normal path
of suing an identifiable (and identified) defendant or defendants
rather than a passel of “Does.”
Moreover, that practice would
also facilitate the determination as to which defendant or
defendants is or are amenable to suit here in Illinois, as well
as testing the viability of the currently amorphous Count II
assertion of a civil conspiracy.
Accordingly, just as in CP Productions, both the Complaint
and this action are dismissed without prejudice.
As in that
case, Boy Racer is free to advance its copyright infringement
claims against one or more identified defendants on an individual
basis or, if appropriate, a plausible conspiracy theory.
Milton I. Shadur
Senior United States District Judge
May 9, 2011