Exquisite Multimedia Incorporated v. Unknown Parties

Filing 23

ORDER granting Plaintiff's 11 Motion to Strike. ORDERED striking Movant Doe's 10 MOTION to Dismiss/Sever and for Protective Order/Quash Subpoena. If any Doe Defendant wishes to file a motion or other paper in this court, he or she must first lodge a notice of his or her true contact information (including a real name) under seal, and simultaneously file a motion to accept and seal the lodged notice. See LRCiv 5.6. Signed by Judge Frederick J Martone on 9/18/2012.(LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Exquisite Multimedia Inc.,
Plaintiff,

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vs.

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Does 1–146,
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Defendants.
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No. CV-12-0107-PHX-FJM
ORDER

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Plaintiff contends that it found evidence that its copyrighted work was copied without

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authorization by unknown parties through the Internet using BitTorrent peer-to-peer

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technology. Plaintiff identified the IP addresses of those purportedly making improper

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copies. On April 12, 2012, we granted plaintiff’s request for early discovery to obtain

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identifying information relating to the unknown Does. To date, the docket shows no proof

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of service.

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We now have before us an unknown John Doe’s (“Movant Doe”) motion to

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dismiss/sever and for protective order and/or to quash subpoena (“Motion”) (doc. 10),

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plaintiff’s response (doc. 16) and plaintiff’s motion to strike (doc. 11), to which Movant Doe

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did not respond.

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Plaintiff moves to strike Movant Doe’s Motion pursuant to Rule 11, Fed. R. Civ.,

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which requires that every pleading, motion, or other paper filed with this court must “state

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the signer’s address, e-mail address, and telephone number.” Fed. R. Civ. P. 11(a). Movant

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Doe has entered his signature as “John Doe,” and has failed to provide a real name, address

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or telephone number. Only an anonymous email address is provided. “[T]he identity of the

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parties in any action, civil or criminal, should not be concealed except in an unusual case,

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where there is a need for the cloak of anonymity,” where it is necessary, for example, “to

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protect a person from harassment, injury, ridicule or personal embarrassment.” United States

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v. Doe, 655 F.2d 920, 922 n.1 (9th Cir. 1981); see also Doe v. Fellows, 927 F.2d 608 (9th

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Cir. 1991).

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Movant Doe has not sought the permission of the court to file documents

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anonymously, or otherwise made a showing of good cause to do so. Even if Movant Doe

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demonstrates good cause to proceed anonymously, he must nevertheless reveal his identity

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to the court. Because Movant Doe has failed to comply with Rule 11, his Motion is ordered

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stricken (doc. 10).

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IT IS ORDERED GRANTING plaintiff’s motion to strike (doc. 11).

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IT IS FURTHER ORDERED STRIKING Movant Doe’s motion to dismiss/sever

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and for protective order/quash subpoena (doc. 10).

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If any Doe Defendant wishes to file a motion or other paper in this court, he or she

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must first lodge a notice of his or her true contact information (including a real name) under

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seal, and simultaneously file a motion to accept and seal the lodged notice. See LRCiv 5.6.

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DATED this 18th day of September, 2012.

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