Thursday, February 21, 2013

Court severs, dismisses, quashes, In Combat Zone v Does 1-84, & sanctions plaintiff's attorney

In a Boston case, Combat Zone v. Does 1-84, the Court, by Magistrate Judge Jennifer C. Boal, has issued (a) a report and recommendation that the case be severed and dismissed, and subpoena quashed, as to Does 2-84, and (b) an order sanctioning plaintiff's counsel for using subpoenaed information to obtain a settlement during the pendency of defendants' motion to quash.

Report and recommendation for severance and dismissal of case, and quashing of subpoenas
Order granting sanctions against plaintiff's attorney

Ray Beckerman, PC

Tuesday, February 19, 2013

Motion to dismiss complaint for failure to state a claim granted in AF Holdings v Rogers

In a San Diego, California, case, AF Holdings v. Rogers, a motion to dismiss the complaint, for failure to state a claim, has been granted. Chief Judge Barry Ted Moskowitz ruled as follows:

[T]he Court is concerned about the lack of facts establishing that Defendant was using that IP address at that particular time. Indeed, the [complaint] does not explain what link, if any, there is between Defendant and the IP address. It is possible that Plaintiff sued Defendant because he is the subscriber to IP address .... As recognized by many courts, just because an IP address is registered to an individual does not mean that he or she is guilty of infringement when that IP address is used to commit infringing activity.
January 29, 2013, Order Partially Granting Motion to Dismiss for Failure to State a Claim, Hon. Barry Ted Moskowitz, Chief Judge
Defendant's memorandum of law in support of motion to dismiss

Commentary & discussion:


Ray Beckerman, PC