Abkco Music, Inc. et al v Johnnie Washington et al.,

Filing 110

ORDER Dismissing John Does 1-50. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ABKCO Music, Inc., et al.,
Plaintiff,

Case No. 11-10763

v.

Hon. Sean F. Cox

Johnnie Washington, et al.,
Defendants.
______________________________/
ORDER DISMISSING
PLAINTIFFS’ CLAIMS AGAINST “JOHN DOE” DEFENDANTS 1-50
Plaintiff filed this copyright infringement action on February 25, 2011, alleging that
Defendants infringed upon nine copyrights in musical compositions owned or controlled by
Plaintiffs by using those musical compositions in a dramatic production about the life of music
artist Sam Cooke. Plaintiffs’ Amended Complaint names the following Defendants: 1) Johnnie
Washington; 2) Robert Douglas; 3) Music Hall Center for the Performing Arts, Inc.; 4) Detroit
Media Broadcast Company, LLC; and 5) “John Does 1-50.”
The “John Doe” Defendants 1-50 are named in the caption of the Amended Complaint.
The body of the Amended Complaint contains a section setting forth allegations regarding the
identity of the various parties (Am. Compl. at 6-7), but that section contains no allegations
relating to any John Doe Defendants.
Pursuant to this Court’s Third and final Scheduling Order, discovery closed on April 15,
2012 (Docket Entry No. 77). The Final Pretrial Conference in this matter is scheduled to take
place on November 13, 2012, and this case is on this Court’s November/December trailing trial

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docket.
Following the close of discovery, Plaintiffs did not seek leave to file an amended
complaint that would identify and name any of the John Doe Defendants. Plaintiffs cannot
pursue claims at trial against unidentified John Doe Defendants. Thus, dismissal of Plaintiffs’
claims against John Doe Defendants 1-50 is warranted at this juncture. See Adams v. Hyman
Lippit, 2007 WL 2571955 (E.D. Mich. 2007).
Accordingly, the Court hereby ORDERS that Plaintiffs’ claims against John Doe
Defendants 1-50 are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Court
Dated: November 9, 2012
I hereby certify that a on November 9, 2012, a copy of the foregoing document was served upon
counsel of record by electronic means and upon Robert Douglas and Johnny Washington via
First Class Mail at the addresses below:
Johnnie Washington
P. O. Box 2335
Southfield, MI 48037
Robert Douglas
18131 Roseland Blvd.
Lathrup Village, MI 48076
S/Jennifer McCoy
Case Manager

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