The Thompsons Film, LLC v. Does 1 - 155
Filing
20
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 severed and dismissed from this action 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
THE THOMPSONS FILM, LLC
Plaintiff,
No.
6:13-cv-469-TC
ORDER and
FINDINGS AND RECOMMENDATION
v.
DOES 1-155,
Defendants.
COFFIN, Magistrate Judge:
Plaintiff The Thompsons Film, LLC filed this action March 19,
2013, asserting copyright infringement against 155 users of various
BitTorrent clients, identified only by their internet protocol (IP)
addresses.
Plaintiff
alleges
defendants
collectively
interconnected, via the BitTorrent protocol to illegally copy and
1 - ORDER
distribute plaintiff's film The Thompsons.
Plaintiff has already obtained permission from the court to
take
discovery,
subpoena records
prior to a
Rule
2 6 conference,
allowing it
from various internet service providers
to
( ISPs)
around the State to discover the identities of the BitTorrent users
who
joined in the distribution of the pieces of the movie
The
Thompsons over a period ranging from December 2, 2012, to February
26,
2013.
Various Doe defendants seek to quash.
In addition,
plaintiff seeks clarification regarding discovery as to Does named
in the amended complaint.
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 and should be dismissed from this action.
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 should be severed and dismissed from this action and
plaintiff should submit an amended complaint within 10 days.
2 - ORDER
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.
. COFFIN
United
3 - ORDER
Judge
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?