CELL Film Holdings, LLC v. Does 1-12

Filing 7

MEMORANDUM OPINION. See for complete details. Signed by District Judge M. Hannah Lauck on 12/29/2016. (nbrow)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CELL FILM HOLDINGS, LLC, Plaintiff, V. Civil Action No. 3:16cv750 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 in part: "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).

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