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Motion to Sever Granted / Motion to Quash Denied

Malibu Media v. John Does 1-21, Case No. 12-CV-9656, Slip Op. (N.D. Ill. June 6, 2013)(Reinhard)

In this Malibu case filed in December of 2012, a number of Does had moved to sever and quash the subpoena served on their ISPs.  The Court followed the dominant trend and determined that joinder was improper as the conduct of the various Does did not comprise the same transaction or series of transactions.  Accordingly, this case will be severed, and Malibu will need to determine who it will file separate lawsuits against.  If Malibu is true to form, it will file a separate lawsuit against each Doe that filed a motion to quash.

Interestingly, the Court did not quash the subpoenas issued to the various ISPs, even though the motion to sever was granted.  Instead, the subpoenas will proceed while Malibu determines who it will file individual cases against – Malibu is likely to use this information to ensure that it pursues those Does with the means to pay.

Finally, the Court determined that the various Does could proceed anonymously through at least part of the litigation.  This eliminates any threat of Malibu threatening to publicly name a defendant in a case as a settlement tactic.

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:

http://ezinearticles.com/?The-5-Steps-You-Need-to-Take-When-You-Receive-an-ISP-Subpoena-Letter&id=7696216

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.


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