Elf-Man, LLC v. Does 1 - 16

Filing 24

Order and Findings & Recommendation: Ordered all outstanding subpoenas are quashed and all pending motions are denied as moot. Doe defendants beyond Doe #1 should be dismissed and plaintiff should submit an amended complaint within 10 days. Objections to the Findings and Recommendation are due by 5/31/2013. Signed on 5/14/2013 by Magistrate Judge Thomas M. Coffin. (plb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ELF-MAN LLC,
Nos.

Plaintiff,

v.

6:13-cv-331-TC,
1:13-cv-333-TC,
3:13-cv-334-TC

ORDER and
FINDINGS AND RECOMMENDATION

DOES 1-57, DOES 1-16, DOES 1-107,
Defendants.

COFFIN, Magistrate Judge:
Plaintiff Elf-Man,
February 26,
users

2013,

of various

internet protocol

1 - ORDER

LLC

Productions

filed these actions

on

asserting copyright infringement against 180
Bi tTorrent
( IP)

clients,

addresses.

identified orily by their

Plaintiff alleges defendants

collectively

interconnected

to

illegally

copy

and

distribute

plaintiff's film Elf-Man.
Plaintiff Elf-Man has already obtained permission from the
court to take discovery, prior to a Rule 26 conference, allowing it
to subpoena records from various internet service providers (ISPs)
around the State to discover the identities of the BitTorrent users
who joined in the distribution of the pieces of the movie Elf-Man.
Various Doe defendants seek to quash.
clarification
complaints.

regarding

discovery

In addition, plaintiff seeks
as

to

Does

named

in

amended

The court heard oral argument regarding the motions to

quash and a motion to sever and dismiss on April 30, 2013.
The district court has already determined, in a similar action
involving Doe defendants

utilizing BitTorrent,

that

joinder is

inappropriate and that individual cases should be pursued.

I agree

and for the reasons stated in Voltage Pictures v. Does 1-198, 6:13cv-290-AA, Order dated May 4, 2013 (#50), all Doe defendants should
be severed beyond Doe #1 in each action and should be dismissed
from these actions.

Accordingly,

all outstanding subpoenas are

quashed and all other pending motions are denied as moot.

CONCLUSION
For the reasons stated above,

all outstanding subpoenas are

quashed and all pending motions are denied as moot.

Doe defendants

beyond Doe #1 in each action should be and dismissed from these

2 - ORDER

actions and plaintiff should submit amended complaints within 10
days.
The recommendation to sever and dismiss Doe defendants is not
an order that is immediately appealable to the Ninth Circuit Court
of appeals. Any notice of appeal pursuant to Rule 4(a) (1), Federal
Rules of Appellate Procedure, should not be filed until entry of
the district court's judgment or appealable order.

The parties

shall have fourteen (14) days from the date of service of a copy of
this

recommendation

objections
fourteen

with
(14)

objections.

within

which

to

the

court.

Thereafter,

days

within

which

file

Failure

to

timely

determination of the Magistrate

to

file

the
file

specific
parties
a

objections

Judge will be

shall

response
to

written

any

to

have
the

factual

considered as

a

waiver of a party's right to de novo consideration of the factual
issues and will constitute a waiver of a party's right to appellate
review of the findings of fact in an order or judgment entered
pursuant to this recommendation.

DATED this

day of May, 2013.

United

3 - ORDER

Magistrate Judge