Following the new standard tactic of mass copyright plaintiffs, Elf-Man dismissed the latest Doe to file a motion to quash in case no. 13-CV-2362 without prejudice and sued her in a separate suit. Unlike other Does, Doe No. 29 filed the motion in her own name, and listed her address and Comcast file number. She alleges that her router was not protected, and therefore, she did not participate in file-sharing as alleged by Elf-Man. Strategically, this has not helped Doe No. 29 at all – Elf-Man dismissed her without prejudice as it did with Doe No. 43 thereby mooting her motion. Elf-Man is also likely to raise its demand to Doe No. 29 by 200% or more and aggressively litigate its case against her, elevating what was likely a nuisance suit into a potentially life altering event.
If you are identified by your ISP as the Doe in a file sharing lawsuit, you may want to review this article, which contains some helpful tips on how to deal with these kinds of suits:
Atty Ad: The Law Offices of Konrad Sherinian, LLC has successfully defended numerous file sharing cases alleging the use of Bit Torrent to copy movies, music, software and other content other the Internet. Call (630) 318-2606 today for a free consultation if you have received a subpoena letter from your ISP.