LHF Productions, Inc. v. Does
ORDER. IT IS HEREBY ORDERED that LHF's objection to Magistrate Judge Koppe's report and recommendation is OVERRULED and 33 Magistrate Judge Koppe's report and recommendation is REJECTED as moot. The Clerk of Court is directed to ENTER DEFAULT against defendant Mathew Wilson. Signed by Judge Jennifer A. Dorsey on 10/23/17. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LHF Productions, Inc.,
Order Rejecting Report and
Recommendation as Moot; and
Granting Entry of Default
[ECF Nos. 33, 43]
This is one of several essentially identical cases filed by plaintiff LHF
Productions, Inc., in which LHF sues many unidentified Doe defendants—under a
single filing fee—for separately infringing its copyright in the film “London Has
Fallen” by using BitTorrent software. LHF’s practice in these cases is to move for
expedited discovery to identify the defendants, and then systematically dismiss the
defendants after failing to serve them or settling with them.1 Magistrate Judge
Nancy Koppe recommends that I sever and dismiss all claims against all defendants
other than defendant Mathew Wilson for improper joinder and in the interests of
judicial economy and case management.2 LHF objected to the recommendation,
arguing that the defendants were properly joined under Federal Rule of Civil
Procedure 20(a)(2), and that mass joinder—“swarm joinder” as it is called in the
BitTorrent-defendant context—better serves the economic and efficiency interests of
the parties and the court.3
See LHF Productions, Inc. v. Kabala, 2:16-cv-02028-JAD-NJK; LHF Productions,
Inc. v. Buenafe, 2:16-cv-01804-JAD-NJK; LHF Productions, Inc. v. Smith, 2:16-cv01803-JAD-NJK; LHF Productions, Inc. v. Boughton, 2:16-cv-01918-JAD-NJK.
ECF No. 33.
I find these matters suitable for disposition without oral argument. L.R. 78-1.
Two and a half months after objecting to the report and recommendation,
LHF voluntarily dismissed all claims against all remaining defendants except for
Mathew Wilson,4 so I overrule the objection and reject the report and
recommendation as moot. LHF also moves for entry of default against Wilson.5
Wilson was adequately served with process on March 2, 2017,6 and, seven months
later, he has still failed to appear or otherwise respond to the first-amended
complaint.7 Because Wilson has been completely absent from this action, I grant
LHF’s motion and direct the Clerk of Court to enter default against Wilson.
Accordingly, IT IS HEREBY ORDERED that LHF’s objection to Magistrate
Judge Koppe’s report and recommendation is OVERRULED and Magistrate Judge
Koppe’s report and recommendation [ECF No. 33] is REJECTED as moot.
The Clerk of Court is directed to ENTER DEFAULT against defendant
DATED: October 23, 2017.
_ _______ ___ _
Jennifer A. Dorsey
ennifer A. Dorsey
United States District Judge
nited States District Ju
ECF Nos. 40, 42.
ECF No. 43.
ECF No. 14.
See generally docket report case 2:16-cv-02368-JAD-NJK; see also ECF No. 43-1.
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