Discount Video Center, Inc. v. DOES 1-5041

Filing 19

ORDER by Judge Claudia Wilken ADOPTING MAGISTRATE JUDGE GREWAL'S RECOMMENDATION AND DENYING PLAINTIFF'S 17 MOTION FOR LEAVE TO TAKE EARLY DISCOVERY. (ndr, COURT STAFF) (Filed on 10/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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DISCOUNT VIDEO CENTER, INC., dba
MAYHEM, a California corporation,

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ORDER ADOPTING
MAGISTRATE JUDGE
GREWAL'S
RECOMMENDATION AND
DENYING
PLAINTIFF'S MOTION
FOR LEAVE TO TAKE
EARLY DISCOVERY
(DOCKET NO. 17)

Plaintiff,

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v.

DOES 1-5041,
Defendants.

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No. C 11-02694 CW

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________________________________/
This is one of several mass copyright infringement suits that
have been brought in this district by numerous pornographic movie

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producers.

Plaintiff seeks relief from Magistrate Judge Grewal's

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September 23, 2011 order.

The motion for relief is untimely under

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Federal Rules of Civil Procedure 72(a) and 72(b)(1), which state,

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respectively, that objections to a magistrate's order on a non-

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dispositive matter and a recommendation as to a dispositive matter

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must be filed within fourteen days of service of a copy of the

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order or recommendation.

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Although the deadline was October 7,

2011, the motion was filed on October 12, 2011.

The motion for

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relief also lacks merit.

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early discovery is not clearly erroneous.

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reviewed the September 23, 2011 order and Plaintiff's objections,

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the Court adopts Judge Grewal's recommendation that Does 2-5,041

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be severed from the action and that the action against Does 2-

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Magistrate Judge Grewal's denial of
Furthermore, having

5,041 be dismissed without prejudice to refilling as separate

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actions.

Plaintiff's motion is DENIED.

Docket No. 17.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 10/19/2011

CLAUDIA WILKEN
United States District Judge

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cc: PSG

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