Third Degree Films, Inc v. Does 1-2010

Filing 58

ORDER DISMISSING DOES 2-2010 WITHOUT PREJUDICE, and dropped from the action without prejudice pursuant to Fed. R. Civ. P. 21 ***the complaint in this case is materially identical to the complaint in case no. 5:10-CV-5865-PSG.*** Signed by Judge Edward J. Davila on 11/10/11. (ejdlc3, COURT STAFF) (Filed on 11/10/2011) Modified on 11/10/2011 (cv, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:10-CV-05862-EJD

THIRD DEGREE FILMS,

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ORDER DISMISSING DOES 2–2010
WITHOUT PREJUDICE

Plaintiff,
For the Northern District of California

United States District Court

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v.

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DOES 1-2010,

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Defendants.
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Plaintiff’s counsel has filed a number of identical complaints for copyright infringement in

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this district, each naming more than one thousand Doe defendants. In particular, the complaint in

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this case is materially identical to the complaint in case no. 5:10-CV-5865-PSG. With respect to

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issues of joinder, the reasoning of the court in that case is adopted as if set forth fully herein. See

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Diabolic Video Productions, Inc. v. Does 1–2099, Case No. 5:10-CV-5865-PSG, 2011 WL 3100404

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(N.D. Cal. May 31, 2011).
Accordingly, IT IS HEREBY ORDERED that Defendants Does 2–2010 are dropped from

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the action without prejudice pursuant to Fed. R. Civ. P. 21.
IT IS FURTHER ORDERED that Plaintiff shall send a copy of this order by first class mail

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within seven (7) days of today’s date to every potential defendant to whom Plaintiff has sent any

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previous mailing that referenced the instant action.

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CASE NO. 5:10-CV-05862-EJD
ORDER DISMISSING DOES 2–2010 WITHOUT PREJUDICE

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In light of the dismissal of Does 2–2010, IT IS FURTHER ORDERED that the motion (ECF

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No. 52) filed by Defendant Christa Branin, named as Doe 132, is TERMINATED AS MOOT.

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IT IS SO ORDERED.

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Dated: November 10, 2011
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:10-CV-05862-EJD
ORDER DISMISSING DOES 2–2010 WITHOUT PREJUDICE