Thursday, October 25, 2012

Doe 1 moves to dismiss for failure to state a claim in Malibu Media v Does 1-11

In a Westchester case, Malibu Media v Does 1-11, Doe 1 has moved to dismiss for failure to state a claim, and to quash the subpoena served on the ISP.

The Court had previously severed the case as to all John Does other than Doe 1.

Memorandum of Law in support of Doe 1 motion to dismiss for failure to state a claim, and to quash subpoena

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Ray Beckerman, PC


Anonymous said...

Hi Ray.
Just a short question:
Ty used "she" and "her" in the filing regarding the doe.

is using the feminin gender the regular form in english language court papers no matter what the actual gender of a Doe Defendant is?
(Since Ty pointed out that the porn-lawyer has no actual clue about anything other then a number and nothing else about the defendant(s) ,not even the gender or did Ty maybe let that one slip unintentionally by using "she" and "her"?) In my native language it is the male form "Der Beschuldigte" or "Der Angeklagte"


raybeckerman said...

It is customary to use both male and feminine variations when speaking generically.

I think you've seen enough of our legal work to know we don't "let things slip".