Killer Bittorrent
|Views: 545
|Likes: 0
Published by torrentfreak
killer
killer
More info:
Availability:
See more
See less
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF IOWAKILLER JOE NEVADA, LLC,Plaintiff, v.DOES 1-39, Defendants. No. 3:13-cv-00060-SMR-TJS
LEAD CASE NUMBER
ORDER
TCYK, LLC,Plaintiff, v.DOES 1-18, Defendants. No. 3:13-cv-00074-SMR-TJSTCYK, LLC,Plaintiff, v.DOES 1-18, Defendants. No. 3:13-cv-00077-SMR-TJSKILLER JOE NEVADA, LLC,Plaintiff, v.DOES 1-10, Defendants. No. 4:13-cv-00192-SMR-TJS
Case 3:13-cv-00074-SMR-TJS Document 15 Filed 12/20/13 Page 1 of 25
1
The Court identified which of the two
TCYK
cases is at issue in the motion based on Doe18’s IP address and the listing of IP addresses in Exhibit B filed with each complaint.
2
Some defendants have already been dismissed with or without prejudice by the plaintiff in several of the cases.2SIBLING THE MOVIE, LLC,Plaintiff, v.DOES 1-21, Defendants. No. 4:13-cv-00271-SMR-TJSEach of the plaintiffs in the above-captioned cases filed a complaint alleging copyrightinfringement against Doe defendants. Each plaintiff also filed a Motion for Leave to TakeDiscovery Prior to Rule 26(f) Conference, and all were granted. The cases were consolidated for the purposes of discovery. Before the Court is Defendant John Doe 18’s Motion to Quash theSubpoena and Motion to Dismiss and/or Sever for Misjoinder [ECF No. 20], filed in the lead case number but pertaining to
TCYK, LLC v. Does 1-18
, No. 3:13-cv-00077-SMR-TJS.
1
Noresistance to the motion was filed. The other four cases are considered by the Court sua sponte. For the reasons that follow, the Court GRANTS IN PART Defendant John Doe 18’smotion. The Court SEVERS each of the cases against the Doe defendants, DISMISSES all butone of the remaining Doe defendants from each case without prejudice,
2
VACATES the prior Orders granting discovery, and GRANTS the Motion for Leave to Take Discovery Prior to Rule26(f) Conference as to Doe 1 in each case, except it is instead granted as to Doe 2 in No. 4:13-cv-00192-SMR-TJS. The Court DENIES the Motion to Quash as moot due to John Doe 18’s
Case 3:13-cv-00074-SMR-TJS Document 15 Filed 12/20/13 Page 2 of 25
3dismissal from the case. Any and all subpoenas seeking discovery about the identity of anydefendant other than the remaining defendant in each case are QUASHED.The Court also DENIES as moot the Motion to Compel Compliance with SubpoenaDuces Tecum filed in each of the following cases:
Killer Joe Nevada, LLC v. Does 1-39
, No.3:13-cv-00060-SMR-TJS [ECF No. 24];
TCYK, LLC v. Does 1-18
, No. 3:13-cv-00074-SMR-TJS[ECF No. 12]; and
TCYK, LLC v. Does 1-18
, No. 3:13-cv-00077-SMR-TJS [ECF No. 11].
In
Killer Joe Nevada, LLC v. Does 1-10
, No. 4:13-cv-00192-SMR-TJS [ECF No. 15], the CourtDENIES the Motion to Compel without prejudice to its refiling as to Doe 2 once the proceduresoutlined in this Order have been followed, and as moot with regard to the other defendants.
I. FACTUAL ALLEGATIONS
In
Killer Joe Nevada, LLC v. Does 1-39
, No. 3:13-cv-00060-SMR-TJS, plaintiff Killer Joe Nevada, LLC (“Killer Joe”) filed a complaint alleging copyright infringement against Does1-39. Compl. [ECF No. 1]. In
Killer Joe Nevada, LLC v. Does 1-10
, No. 4:13-cv-00192-SMR-TJS, Killer Joe filed a complaint alleging copyright infringement against Does 1-10. Compl.[ECF No. 1]. In
TCYK, LLC v. Does 1-18
, No. 3:13-cv-00074-SMR-TJS, plaintiff TCYK, LLC(“TCYK”) filed a complaint alleging copyright infringement against Does 1-18. Compl. [ECF No. 1]. In
TCYK, LLC v. Does 1-18
, No. 3:13-cv-00077-SMR-TJS, TCYK filed a complaintalleging copyright infringement against Does 1-18. Compl. [ECF No. 1]. In
Sibling The Movie, LLC v. Does 1-21
, No. 4:13-cv-00271-SMR-TJS, plaintiff Sibling The Movie, LLC (“Sibling”)filed a complaint alleging copyright infringement against Does 1-21. Compl. [ECF No. 1]. In its two cases, Killer Joe alleges that its copyrighted motion picture, “Killer Joe,” has been shared among Peer-to-Peer network users by a “BitTorrent protocol” or “torrent,”
Case 3:13-cv-00074-SMR-TJS Document 15 Filed 12/20/13 Page 3 of 25
