Saturday, November 10, 2012
Court refuses to approve ex parte discovery in Discount Video v Does 1-29
In a Boston, Massachusetts, case, Discount Video Center v. Does 1-29, Chief Magistrate Judge Leo T. Sorokin has entered an order denying the plaintiff's motion for ex parte discovery, due to the plaintiff's failure to set forth a discovery plan that would be calculated to identify the actual copyright infringer, rather than the subscriber to the internet service. Judge Sorokin characterized plaintiff's plan to dismiss without prejudice as to one of the Does and to start a new action against that Doe, without knowing who the actual infringer is, as 'smacking of' a "bad faith effort to harass the third-party subscriber".
November 7, 2012, decision, denying motion for ex parte discovery, Hon. Leo T. Sorokin, Chief Magistrate Judge
Ray Beckerman, PC