CELL Film Holdings, LLC v. Does 1-12

Filing 7

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 12/29/2016. (tjoh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CELL FILM HOLDINGS, LLC,
Plaintiff,
V.

Civil Action No. 3:I6cv749

JOHN DOES 1-12,
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on two motions: (1) the Motion for Discovery for
Leave to Serve Third Party Subpoenas (the "Motion for Discovery") filed by CELL Film
Holdings, LLC ("CELL"), (ECF No. 2); and, (2) the First Motion to Extend Time Pursuant to
Federal Rule of Civil Procedure 4(m) (the "Motion to Extend") filed by CELL, (ECF No. 6).

The Court exercises jurisdiction pursuant to 28 U.S.C. § 1338(a).^ The Court dispenses with oral
argument because the materials before it adequately present the facts and legal contentions, and
argument would not aid the decisional process. For the reasons that follow, the Court will:
(1) sever and dismiss without prejudice all defendants except John Doe 1; (2) grant CELL'S

Motion for Discovery as to John Doe 1; and, (3) grant CELL'S Motion to Extend as to John
Doe 1.

*28 U.S.C. §1338(a) states inpart: "The district courts shall have original jurisdiction of
any civil action arising under any Act of Congress relating to patents, plant variety protection,
copyrights and trademarks." 28 U.S.C. § 1338(a).