Camelot Distribution Group, Inc. v. Does

Filing 15

ORDER TO SHOW CAUSE and ORDER APPOINTING AMICUS COUNSEL by Magistrate Judge Fernando M. Olguin: IT IS HEREBY ORDERED THAT: On or before May 13, 2011, plaintiff Camelot Distribution Group, Inc. ("plaintiff") shall show cause why the Doe defendants should not be severed and/or dismissed from this action based on improper joinder of parties or lack of personal jurisdiction. In particular, plaintiff shall attempt to show such cause in writing by filing a Response to Order to Show Cause ("Response") that addresses the following issues. Plaintiff's Response shall not exceed twenty (20) pages in length. The Electronic Frontier Foundation is hereby appointed as Amicus Counsel in connection with proceedings related to the instant Order to Show Cause. No later than April 29, 2011, Amicus Counsel shall file a Notice of Appearance. Amicus Counsel shall file a Reply to plaintiff's Response ("Reply") no later than June 3, 2011. The Reply shall not exceed twenty (20) pages in length. Plaintiff's Motion for Expedited Discovery (Document No. 11 ) and the hearing on the Motion, currently scheduled for April 27, 2011, at 10:00 a.m., are hereby vacated pending a ruling on the instant Order to Show Cause. (mr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CAMELOT DISTRIBUTION GROUP, INC., 12 13 Plaintiff, 14 15 v. DOES 1 THROUGH 5865, 16 Defendants. 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-1949 DDP (FMOx) ORDER TO SHOW CAUSE and ORDER APPOINTING AMICUS COUNSEL Having received and reviewed plaintiff’s Motion for Expedited Discovery, IT IS HEREBY ORDERED THAT: 1. On or before May 13, 2011, plaintiff Camelot Distribution Group, Inc. (“plaintiff”) shall 21 show cause why the Doe defendants should not be severed and/or dismissed from this action 22 based on improper joinder of parties or lack of personal jurisdiction. In particular, plaintiff shall 23 attempt to show such cause in writing by filing a Response to Order to Show Cause 24 (“Response”) that addresses the following issues. First, plaintiff’s Response shall address: (1) 25 whether the requirements for permissive joinder of each of the 5,865 Doe defendants have been 26 met under Rule 20 of the Federal Rules of Civil Procedure and (2) “whether permissive joinder 27 would ‘comport with the principles of fundamental fairness’ or would result in prejudice to either 28 side.” See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296 (9th Cir. 2000), cert. denied, 533 1 U.S. 950, 121 S.Ct. 2592 (2001) (citation omitted). Second, plaintiff’s Response shall address 2 whether the court has personal jurisdiction over each of the 5,865 Doe defendants. Plaintiff’s 3 Response shall not exceed twenty (20) pages in length. 4 5 2. The Electronic Frontier Foundation is hereby appointed as Amicus Counsel in connection with proceedings related to the instant Order to Show Cause. 6 3. The Clerk of Court shall serve a copy of this Order on Amicus Counsel. 7 4. No later than April 29, 2011, Amicus Counsel shall file a Notice of Appearance, 8 notifying the court of the name of the attorney who will have principal charge of the case as 9 Amicus Counsel, together with the address where the attorney may be served, and the attorney’s 10 11 12 13 telephone and fax numbers. 5. Amicus Counsel shall file a Reply to plaintiff’s Response (“Reply”) no later than June 3, 2011. The Reply shall not exceed twenty (20) pages in length. 6. Plaintiff’s Motion for Expedited Discovery (Document No. 11) and the hearing on 14 the Motion, currently scheduled for April 27, 2011, at 10:00 a.m., are hereby vacated pending a 15 ruling on the instant Order to Show Cause. 16 Dated this 22nd day of April, 2011. 17 18 /s/ Fernando M. Olguin United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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