Righthaven LLC v. Law Med Consulting LLC et al

Filing 12

ORDER that Plaintiff's claims is dismissed against Defendants Law Med Consulting LLC and the Law Med Blog for failure to effect timely service. FURTHER ORDERED that 9 Motion to Dismiss is Granted in part and Denied in part: the claim against Defendant Stocks is dismissed for failure to effect service by Plaintiff and because Plaintiff has failed to oppose or to make any filings in eleven months despite our Order (#10). Defendant's request for sanctions is DENIED. The clerk shall enter judgment accordingly. Signed by Judge Edward C. Reed, Jr on 5/22/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RIGHTHAVEN, LLC,
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Plaintiff,
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vs.
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LAW MED CONSULTING, LLC, a
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Maryland limited liability company;)
LAW MED BLOG, an entity of unknown )
origin and nature; and GREG STOCKS,)
an individual,
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Defendants.
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2:11-cv-00717-ECR-CWH

Order

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On May 5, 2011, Plaintiff filed its complaint (#1) alleging

17 copyright infringement.

Summons were issued (#3) as to Law Med

18 Blog, Law Med Consulting, LLC, and Greg Stocks. Proof of service has
19 not been filed with the Court.
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On August 22, 2011, Defendant Gregory Stocks filed an

21 “Affidavit for Judicial Notice of Failure to Comply with a Judicial
22 Order” (#8), stating that each summons contained the correct, public
23 record address for each Defendant and that address is identical for
24 each of the Defendants, but Plaintiff has never attempted to serve
25 the Defendants in this case.
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On September 6, 2011, Defendant Stocks filed a “Motion to

27 Dismiss with Prejudice for Failure to Serve the Complaint, Willful
28 Deception, and Failure to Comply with a Judicial Order” (#9).

1 Defendant Stocks requests that we dismiss the case under Rule 4(m).
2 Defendant Stocks also requests that Plaintiff should be sanctioned
3 to include a dismissal with prejudice, as it has made multiple
4 misrepresentations to this Court in a separate case, Righthaven LLC
5 v. Democratic Underground LLC, No. 2:10-cv-01356 concerning its
6 attempts to serve defendants in the numerous pending cases Plaintiff
7 has filed in this Court.

While the accusations contained in the

8 Motion to Dismiss (#9) are troublesome, at this time the Court shall
9 decline to award sanctions or to dismiss with prejudice.
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No response was timely filed to the Motion to Dismiss (#9).

On

11 November 23, 2011, this Court ordered (#10) that Plaintiff shall
12 have fourteen days within which to file a document showing good
13 cause for failing to timely serve process on Defendant Stocks.
14 Plaintiff failed to comply with the Court’s Order (#10).
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On April 10, 2012, the Court issued a Rule 4(m) notice with

16 respect to Law Med Consulting, LLC and the Law Med Blog. Proof of
17 service has not been filed for any Defendant in this case, and
18 Plaintiff has not made any filings since June 20, 2011 or responded
19 to this Court’s Order (#10).
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IT IS, THEREFORE, HEREBY ORDERED that Plaintiff’s claim is

22 dismissed against Defendants Law Med Consulting LLC and the Law Med
23 Blog for failure to effect timely service pursuant to Federal Rule
24 of Civil Procedure 4(m).
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IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (#9)

26 is GRANTED IN PART AND DENIED IN PART: the claim against Defendant
27 Stocks is dismissed for failure to effect service by Plaintiff and
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1 because Plaintiff has failed to oppose or to make any filings in
2 eleven months despite our Order (#10).

Defendant’s request for

3 sanctions is DENIED.
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The Clerk shall enter judgment accordingly.

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7 DATED: May 22, 2012.
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____________________________
UNITED STATES DISTRICT JUDGE

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