Malibu Media, LLC v. John Does 1-31

Filing 23

MINUTE ORDER granting in part and denying without prejudice in part 14 Defendant John Doe #11's Motion to Dismiss and/or Sever Complaint and Quash the Comcast Subpoena Against John Doe #11, by Magistrate Judge Michael E. Hegarty on 9/27/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02069-WYD-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOES 1-31,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on September 27, 2012.
Defendant John Doe #11's Motion to Dismiss and/or Sever Complaint and Quash the
Comcast Subpoena Against John Doe #11 [filed September 21, 2012; docket #14] is granted in part
and denied without prejudice in part. The motion is granted in that Defendant may proceed
anonymously in this matter as “John Doe 11” only for the purpose of challenging the subpoena
issued pursuant to this Court’s August 9, 2012 order. Upon resolution of any motion(s) challenging
the subpoena, should John Doe 11 perceive a need to continue proceeding anonymously in this case,
he must then seek permission from the Court to continue proceeding anonymously.
However, the remainder of the motion is denied without prejudice due to its varied requests
for relief (“dismiss/sever” and “quash”); adjudication of the single motion will likely require
different standards of review and legal analyses of both dispositive and non-dispositive issues. In
the interests of judicial efficiency and the proper management of its docket, the Court instructs the
Defendant to file his requests for relief each in separate motions, as applicable. See D.C. Colo.
LCivR 7.1C (“A motion shall be made in a separate paper.”)
Further, the Court notes that Defendant failed to file with his motion to quash a copy of the
challenged subpoena. Therefore, if Defendant chooses to re-file his motion to quash, he is instructed
to file a copy of the challenged subpoena with the motion.
The Court directs the Clerk of the Court to mail a copy of this order to the address provided
by John Doe 11 in the restricted filing at docket #11, but not to reveal or disclose the name and
address, which will remain confidential until further order of the Court.