The motion to quash the subpoena in Atlantic Records v. John Does 1-25 has been denied by judge Laura Taylor Swain, in Manhattan federal court. The judge agreed with the holding of Judge Colleen McMahon in Elektra v. Santangelo that the RIAA's conclusory allegation that defendants "downloaded, distributed, and/or made available for distribution" was a sufficiently specific allegation of copyright infringement to satisfy federal pleading standards.
The motion to sever as to John Does 2-25 was denied "without prejudice". The judge said that motion could be reinstituted when the defendants were actually served with summonses and complaints. (The judge was apparently unaware that the RIAA has no intention of serving the defendants with summonses and complaints in the action that is before her.).
The order is not appealable according to a recent ruling of a 3-judge panel in Loud v. Does from the U.S. Court of Appeals for the Second Circuit.
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