Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.84.181.123

Filing 37

ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. It is Ordered that Strike 3 shall show cause, if it has any, as to why this case should not be dismissed given Strike 3's acknowledgment that John Doe did not infringe its copyright. Strike 3 shall file a written response to this Order to Show Cause by September 25, 2020. In lieu of a written response, the Court will accept a notice of voluntary dismissal. It is further Ordered that John Doe shall show cause, if he has any, as to why his counterclaim should not be dismissed for lack of a case or controversy. John Doe shall file a written response to this Order to Show Cause by September 25, 2020. See order for deadlines and other information. (lom)

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United States District Court
Central District of California
Western Division

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STRIKE 3 HOLDINGS, LLC,

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CV 19-10674 TJH (SPx)

Plaintiff,
v.
JOHN DOE SUBSCRIBER
ASSIGNED IP ADDRESS
75.84.181.123,

Order to Show Cause

Defendants.
AND RELATED COUNTERCLAIM.

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The Court has considered the motion to dismiss the counterclaim filed by Plaintiff

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and Counterdefendant Strike 3 Holdings, LLC [“Strike 3"], together with the moving

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and opposing papers.

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On December 17, 2019, Strike 3 filed this copyright infringement action against

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Defendant John Doe subscriber assigned IP address 75.84.181.123 [“John Doe”]. On

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May 11, 2020, John Doe filed a counterclaim against Strike 3, seeking a declaration

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that he did not infringe Strike 3's copyright. On May 19, 2020, Strike 3 filed: (1) A

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redacted First Amended Complaint [“FAC”] that substituted a new defendant in place

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of John Doe; and (2) An ex parte application for leave to file the underacted FAC under
Order to Show Cause – Page 1 of 3

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seal.

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On June 1, 2020, the Court denied Strike 3's ex parte application for failure to

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comply with the Local Rules. Later that day, Strike 3 filed a motion to dismiss the

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counterclaim. In its motion to dismiss the counterclaim, Strike 3 acknowledged that

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John Doe was not the infringer of its copyright, and argued that the FAC did not

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include John Doe as a defendant and that John Doe lacked an injury-in-fact and

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standing to assert his counterclaim for declaratory judgment.

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On September 3, 2020, the Court amended its June 1, 2020, order to, also, strike

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the redacted FAC from the record because there was not a corresponding unredacted

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version of the FAC filed under seal.
Thus, the original complaint remains the operative complaint.

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Accordingly,

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It is Ordered that Strike 3 shall show cause, if it has any, as to why this case

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should not be dismissed given Strike 3's acknowledgment that John Doe did not

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infringe its copyright. Strike 3 shall file a written response to this Order to Show Cause

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by September 25, 2020. In lieu of a written response, the Court will accept a notice of

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voluntary dismissal. If Strike 3 intends to, properly, move to file a First Amended

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Complaint under seal, it shall respond to this Order to Show Cause and state its

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intentions. If Strike 3 files a written response, an opposition brief, if any, may be filed

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no later than seven days after Strike 3's response is filed. Strike 3 may file a reply brief

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to any opposition brief no later than seven days after any opposition brief is filed.

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It is further Ordered that John Doe shall show cause, if he has any, as to why

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his counterclaim should not be dismissed for lack of a case or controversy. John Doe

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shall file a written response to this Order to Show Cause by September 25, 2020. In

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lieu of a written response, the Court will accept a notice of voluntary dismissal of the
Order to Show Cause – Page 2 of 3

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counterclaim. If John Doe files a written response, an opposition brief, if any, may

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be filed no later than seven days after John Doe’s response is filed. John Doe may file

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a reply brief to any opposition brief no later than seven days after any opposition brief

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is filed.

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Date: September 9, 2020

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__________________________________

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Terry J. Hatter, Jr.
Senior United States District Judge

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Order to Show Cause – Page 3 of 3