In Fonovisa, Inc. v. Does 1-9, a Pittsburgh, Pennsylvania, case targeting Carnegie Mellon students, in which a student -- appearing pro se -- succeeded in challenging the misjoinder of John Does, but failed to get dismissal of the complaint or quashing of the subpoena, the Magistrate Judge's ruling has now been affirmed by the District Court Judge.
The appeal has been pending for approximately one year.
November 28, 2008, Order Affirming Rulings of Magistrate Judge
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Friday, November 28, 2008
Magistrate's order affirmed by District Judge in Fonovisa v. Does 1-9, pro se case defended by Carnegie Mellon student
1 comment:
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This man is confused by this order.
ReplyDeleteIf severance is the proper remedy for misjoinder and this is Doe #3, why does he/she still remain in the case. Shouldn't all Does after Doe #1 be severed. To sever the other Does and keep the one who objected to the joinder when that one is not Doe #1 seems punitive by the judge(s) involved.
Also, how can a district judge deny an appeal to a Circuit Court of Appeals? If that were the case then this man would expect no appeals to ever happen since no judges would wish to have their decisions examined and possibly reversed.
{The Common Man Speaking, but Confused}