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022912 AF Holdings, LLC v. Does 1-1140 Plaintiff Dismissal

022912 AF Holdings, LLC v. Does 1-1140 Plaintiff Dismissal

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Congratulations to the Cashman Law Firm, PLLC clients dismissed from the AF Holdings, LLC v. Does 1-1,140 case. This attachment contains the Plaintiff's Dismissal Letter (by Prenda Law Inc.) of All Doe Defendants.
Congratulations to the Cashman Law Firm, PLLC clients dismissed from the AF Holdings, LLC v. Does 1-1,140 case. This attachment contains the Plaintiff's Dismissal Letter (by Prenda Law Inc.) of All Doe Defendants.

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Published by: Cashman Law Firm, PLLC on Mar 05, 2012
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12/07/2014

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
____________________________________)AF HOLDINGS, LLC, ))Plaintiff, ))v. ) Civil Action No. 11-1274 (RBW))DOES 1 1140, ))Defendants. )))
PLAINTIFF
S NOTICE OF DISMISSAL OF REMAINING DOE DEFENDANTS
Plaintiff, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, herebydismisses, without prejudice, all causes of action in the complaint against the remaining DoeDefendants in this case. The remaining Doe Defendants have filed neither an answer to thecomplaint nor a motion for summary judgment with respect to the same. Dismissal under Rule41(a)(1) is therefore appropriate.Plaintiff filed its Complaint for this case on July 13, 2011. (ECF No. 1.) Twelve dayslater, on July 25, 2011, Plaintiff filed a Motion for Leave to Take Discovery Prior to Rule 26(f)Conference (ECF No. 3) which was granted forty-five days later on September 8, 2011. (ECFNo. 4.) Plaintiff served various Internet Service Providers (ISPs) with subpoenas
duces tecum
 within one week of the Courts Order. In compliance with the Courts Order, Plaintiff also filed aStatus Report on November 10, 2011. (ECF No. 8.) Additionally, Plaintiff has dismissed withprejudice several Doe defendants. (
See
ECF Nos. 5, 6, 7, 10.)Soon after the Plaintiffs issuance of subpoenas to the ISPs, several subscribers filedmotions to quash, sever, for a protective order and/or to dismiss the complaint. (ECF No. 11, 12,
Case 1:11-cv-01274-RBW Document 34 Filed 02/29/12 Page 1 of 3
 
-2-13, 14, 15, 16, 17, 26, 28.) In its January 20, 2012 Order, the Court denied outstanding motionsto quash. (ECF No. 29.) Within three weeks of the Courts Order, Plaintiff received substantiallyall of the outstanding identifying discovery in this matter. On February 14, 2012, the Court fileda Minute Order ordering the Plaintiff to close its limited discovery on March 2, 2012, and toname and serve defendants by March 9, 2012. (Minute Order, February 14, 2012.)Plaintiff acknowledges the Courts busy docket; Plaintiff is currently engaged insettlement negotiations with a substantial number of putative Doe Defendants. Rather thanprematurely initiate litigation against individuals who may ultimately wish to resolve Plaintiffsclaims via settlementand thus needlessly burden the CourtPlaintiff believes that dismissingthe claims against the remaining non-settling Doe Defendants in this action without prejudice inlieu of filing actions against non-settling individuals strikes a favorable balance betweenpreserving Court resources and safeguarding its intellectual property rights.Respectfully submitted,AF HOLDINGS, LLC
DATED:
February 29, 2012By: /s/ Timothy V. AndersonTIMOTHY V. ANDERSON (D.C. Bar # 467166)Anderson & Associates, PC2492 N. Landing Road, Suite 104Virginia Beach, VA 23456Telephone: (757) 301 3636Facsimile: (757) 301 - 3640E-mail: timanderson@virginialawoffice.com
 Attorney for Plaintiff 
 
Case 1:11-cv-01274-RBW Document 34 Filed 02/29/12 Page 2 of 3

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