The Bicycle Peddler, LLC v. Does 1-81

Filing 27

ORDER accepting in whole 24 the Report and Recommendation of Magistrate Judge Guyton; the motion to quash plaintiff's subpoena to Comcast Cable and to dismiss as to Doe 71 for improper joinder 18 is GRANTED; the claims agai nst Does 2-18 are DISMISSED, without prejudice; Defendants' motions to quash 7 10 11 12 13 are GRANTED. Plaintiff is ORDERED to serve Doe 1 within thirty (30) days of the entry of this Memorandum and Order. Signed by District Judge Thomas W Phillips on July 31, 2013. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

THE BICYCLE PEDDLER, LLC,
Plaintiff,
v.
DOES 1-81,
Defendants.

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No. 3:13-CV-79
(Phillips/Guyton)

MEMORANDUM AND ORDER

On July 8, 2013, the Honorable H. Bruce Guyton, United States Magistrate
Judge, filed an 11-page Report and Recommendation (R&R) [Doc. 24] in which he
recommended that Doe 71's motion to quash subpoena and motion to dismiss for improper
joinder [Doc. 18] be granted; Judge Guyton further recommended that plaintiff’s claims
against Does 2 through 81 be dismissed, without prejudice, for improper joinder.

This matter is presently before the court on plaintiff’s 14-page objection to the
R&R [Doc. 25]. Defendant Doe 71 has responded to plaintiff’s objections [Doc. 26]. As
required by 28 U.S.C. § 636(b)(1), the court has now undertaken a de novo review of the
Magistrate Judge’s R&R. After carefully considering the record in this case, the briefs of
the parties, and the applicable law, the court finds itself in agreement with Magistrate Judge

Guyton’s recommendation that Doe 71's motion to quash subpoena and motion to dismiss
for improper joinder be granted; and that plaintiff’s claims against Does 2 through 81 be
dismissed, without prejudice.

The court notes that all of plaintiff’s objections to the R&R were fairly and
adequately addressed by Judge Guyton. Thus, any further comment by the undersigned
is unnecessary and would be duplicative. In sum, the court finds that (1) plaintiff has not
alleged sufficient facts to support joinder of defendants under Rule 20 of the Federal Rules
of Civil Procedure; (2) the court finds it appropriate to dismiss Does 2-81 from this action;
(3) all pending motions to quash subpoenas be granted; and (4) that plaintiff be granted
thirty days to serve Doe 1.

For the reasons articulated by Judge Guyton in his R&R, plaintiff’s objections
to the R&R [Doc. 25] are hereby OVERRULED in their entirety whereby the R&R [Doc. 24]
is ACCEPTED IN WHOLE. Accordingly,

IT IS HEREBY ORDERED:
1.

The motion to quash plaintiff’s subpoena to Comcast
Cable and to dismiss as to Doe 71 for improper joinder
[Doc. 18] is GRANTED.

2.

The claims against Does 2-18 are DISMISSED, without
prejudice.

3.

Defendants’ motions to quash [Docs. 7, 10, 11, 12, 13
are GRANTED.
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4.

Plaintiff is ORDERED to serve Doe 1 within thirty (30)
days of the entry of this Memorandum and Order.

ENTER:
s/ Thomas W. Phillips
United States District Judge

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