LHF Productions, Inc. v. Does

Filing 44

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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 LHF Productions, Inc., 5 Plaintiff 6 v. 7 Mathew Wilson, 8 2:16-cv-02368-JAD-NJK Order Rejecting Report and Recommendation as Moot; and Granting Entry of Default [ECF Nos. 33, 43] Defendant 9 10 This is one of several essentially identical cases filed by plaintiff LHF 11 Productions, Inc., in which LHF sues many unidentified Doe defendants—under a 12 single filing fee—for separately infringing its copyright in the film “London Has 13 Fallen” by using BitTorrent software. LHF’s practice in these cases is to move for 14 expedited discovery to identify the defendants, and then systematically dismiss the 15 defendants after failing to serve them or settling with them.1 Magistrate Judge 16 Nancy Koppe recommends that I sever and dismiss all claims against all defendants 17 other than defendant Mathew Wilson for improper joinder and in the interests of 18 judicial economy and case management.2 LHF objected to the recommendation, 19 arguing that the defendants were properly joined under Federal Rule of Civil 20 Procedure 20(a)(2), and that mass joinder—“swarm joinder” as it is called in the 21 BitTorrent-defendant context—better serves the economic and efficiency interests of 22 the parties and the court.3 23 24 25 26 27 28 1 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. 2 ECF No. 33. 3 I find these matters suitable for disposition without oral argument. L.R. 78-1. 1 Two and a half months after objecting to the report and recommendation, 2 LHF voluntarily dismissed all claims against all remaining defendants except for 3 Mathew Wilson,4 so I overrule the objection and reject the report and 4 recommendation as moot. LHF also moves for entry of default against Wilson.5 5 Wilson was adequately served with process on March 2, 2017,6 and, seven months 6 later, he has still failed to appear or otherwise respond to the first-amended 7 complaint.7 Because Wilson has been completely absent from this action, I grant 8 LHF’s motion and direct the Clerk of Court to enter default against Wilson. 9 Conclusion 10 Accordingly, IT IS HEREBY ORDERED that LHF’s objection to Magistrate 11 Judge Koppe’s report and recommendation is OVERRULED and Magistrate Judge 12 Koppe’s report and recommendation [ECF No. 33] is REJECTED as moot. 13 14 The Clerk of Court is directed to ENTER DEFAULT against defendant Mathew Wilson. 15 DATED: October 23, 2017. 16 _______________________________ ______________________ _ _______ ___ _ Jennifer A. Dorsey ennifer A. Dorsey n r o e United States District Judge nited States District Ju e St st ct ct 17 18 19 20 21 22 23 24 4 ECF Nos. 40, 42. 5 ECF No. 43. 27 6 ECF No. 14. 28 7 See generally docket report case 2:16-cv-02368-JAD-NJK; see also ECF No. 43-1. 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?