I.T. Productions, LLC v. Doe 1 et al

Filing 77

MINUTE ORDER granting plaintiff's 75 Motion to Resume Case; directing plaintiff to SHOW CAUSE on or before 11/16/2018, why the Court should not vacate the defaults entered in this matter and dismiss plaintiff's claims for failure to state a claim. Any objection by a defendant to plaintiff's response to this show cause order shall be filed by 12/7/2018. Authorized by Judge Thomas S. Zilly. (SWT) (cc: Pro se defendants via USPS)

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

5
6

I.T. PRODUCTIONS, LLC,

7

Plaintiff,
8

C16-1775 TSZ
v.

9

MINUTE ORDER
JOHN SEARLE, et al.,

10
Defendants.
11
12
13
14
15
16
17
18

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Plaintiff’s motion to resume case, docket no. 75, is GRANTED, but solely
for the purpose set forth in this Minute Order. After plaintiff filed its motion to resume
case, the United States Court of Appeals for the Ninth Circuit issued a decision in
Cobbler Nevada, LLC v. Gonzales, 901 F.3d 1142 (9th Cir. 2018), which requires
plaintiff to plead, in support of its copyright infringement claims, “something more” than
each defendant’s status as the subscriber of an Internet Protocol address associated with
transmission of a segment of plaintiff’s motion picture via a peer-to-peer network using
the BitTorrent protocol. See id. at 1145. Plaintiff is hereby DIRECTED to SHOW
CAUSE, on or before November 16, 2018, why the Court should not vacate the defaults 1
entered in these matters and dismiss plaintiff’s claims (either with or without prejudice,
with or without leave to amend) for failure to state a claim.

19
20
1

Default has been entered as to defendants Scott Gifford, Tho Sam, and William Stitt, see Minute Order
at ¶ 1 (docket no. 62), Andrew Howard, see Order (docket no. 72), and Dona Fristoe, see Order (docket
21
no. 73). The Court previously declined to enter default against defendants Kent Browning, Ryan Caruso,
Kenneth Christian, and John Searle. See Minute Order at ¶ 3 (docket no. 62). Plaintiff’s unnoted motion
22 for reconsideration, docket no. 70, as to the refusal to enter default is DENIED.

23
MINUTE ORDER - 1

1

(2)
Any objection by a defendant to plaintiff’s response to this show cause
order shall be filed by December 7, 2018. Any reply by plaintiff to any such objection
2 shall be filed by December 14, 2018.
3
4

(3)
The Clerk is directed to send a copy of this Minute Order to all counsel of
record and to all remaining (albeit defaulted) pro se defendants.
Dated this 19th day of October, 2018.

5
William M. McCool
Clerk

6
7

s/Karen Dews
Deputy Clerk

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
MINUTE ORDER - 2