TMT Investments PLC et al v. Doe, 1-10

Filing 16

ORDER DISMISSING FOR FAILURE TO PROSECUTE. Signed by Magistrate Judge Howard R. Lloyd on 8/31/2015. (hrllc1S, COURT STAFF) (Filed on 8/31/2015)

E-Filed on August 31, 2015

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TMT INVESTMENTS PLC, et al.,

No. 14-cv-5323 HRL

Plaintiffs,
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v.
JOHN DOE, 1-10,
Defendants.

ORDER DISMISSING FOR FAILURE
TO PROSECUTE
Re: Dkt. Nos. 11, 14

United States District Court
Northern District of California

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Plaintiffs TMT Investments PLC, German Kaplun, and Alexander Morgulchik sued ten

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anonymous John Does in December 2014 for defamation, invasion of privacy, interference with

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business relations, and trademark infringement. Plaintiffs base their claims on the contents of

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blogs published online at armdconflict.wordpress.com and tmtinvestments.wordpress.com, as well

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as on the similar contents of facebook.com/tmtinvestments. Plaintiffs expressly consented to

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magistrate jurisdiction and applied for expedited discovery of Defendants’ identities. On April 8,

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2015, the court denied Plaintiffs’ application without prejudice for failure to show good cause.

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Plaintiffs did not reapply for expedited discovery or serve any defendants. On June 26 the

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court ordered Plaintiffs to show cause why the case should not be dismissed for failure to

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prosecute. Dkt. No. 11. The Order to Show Cause required Plaintiffs to file a Response no later

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than July 21, 2015, and to appear for a hearing on July 28, 2015. Plaintiffs filed their Response on

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July 23 and asserted persistent attempts to identify the Doe defendants, but did not appear for the

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show-cause hearing on July 28. The court continued the hearing to August 25, 2015, and ordered

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Plaintiffs’ counsel to be prepared with a detailed and specific description of ongoing efforts to

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serve the defendants. Dkt. No. 14. Counsel did not appear on August 25. Plaintiffs have failed to

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show cause why this case should not be dismissed for failure to prosecute; the court therefore

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dismisses this case without prejudice.

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IT IS SO ORDERED.
Dated: August 31, 2015

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________________________
HOWARD R. LLOYD
United States Magistrate Judge

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United States District Court
Northern District of California

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