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Malibu Media, LLC cases go down in FLAMES in Virginia.

I am happy to share that the first round of Virginia’s Malibu Media, LLC cases have gone down in flames.

As of this afternoon, I noticed that all of the Malibu Media, LLC cases in the Eastern District of Virginia received the same designation at the end of their case names, “-CMH-TRJ,” indicating that Magistrate Judge Thomas Rawles Jones, Jr. has taken over and has consolidated ALL of the Malibu Media, LLC cases in the Eastern District of Virginia. This is very similar to what happened in the Northern District of Florida with Terik Hashmi’s cases (also all dismissed as of today), and then in the Southern District of New York with Mike Meier’s cases.

In short, the best way for a judge to take down these smaller cases is to consolidate them, and then have them all stand or fall together. As of this moment, in VA they are:

Virginia Eastern District Court – David / Wayne O’Bryan of O’Bryan Law Firm
Malibu Media, LLC v. Does (Case no. 1:12-cv-00159-CMH-TRJ)
Malibu Media, LLC v. John Does 1-26 (Case no. 1:12-cv-00160-CMH-TRJ)
Malibu Media, LLC v. John Does 1-26 (Case no. 1:12-cv-00161-CMH-TRJ)
Malibu Media, LLC v. Does (Case no. 1:12-cv-00162-CMH-TRJ)
Malibu Media, LLC v. John Does 1-15 (Case no. 1:12-cv-00163-CMH-TRJ)
Malibu Media, LLC v. Does (Case no. 1:12-cv-00164-CMH-TRJ)
Malibu Media, LLC v. John Does 1-27 (Case no. 1:12-cv-00165-CMH-TRJ)
Malibu Media, LLC v. John Does 1-8 (Case no. 1:12-cv-00166-CMH-TRJ)

Here in short, these cases have fallen. The judge has indicated that all of these cases suffer from improper joinder, and thus ALL Does other than Doe #1 in each case are severed and dismissed from the case. Now there are only eight defendants in Virginia.

Of course, this is terrible news for the eight defendants, and no doubt the plaintiff attorneys will try to scare the b’jeebies out of these defendants, but really, if they are readers of this blog, they should know that the plaintiffs are still probably looking for settlements (although my guess is that they’ll try to punish these eight Doe Defendants, and these eight defendants should make any attempt to settle VERY PUBLIC AND VISIBLE so that the judge sees what they do with them [or, to them]).

On a completely separate note, this is VERY EXCITING news for all of those who have been SEVERED AND DISMISSED from their cases. I have seen some local attorneys jump into the courts naming defendants, but here, Malibu Media’s local attorney Wayne O’Bryan [in my opinion] seems to be a bit on the sluggish side. I would be floored if I started seeing him name anyone. It would simply take too much effort for him, and I’m not sure he’s that hungry to go after everyone as other local counsel would.

So in short, congratulations to the Cashman Law Firm, PLLC clients, and to all those who have been dismissed from the case. The judge’s order can be found below for your viewing enjoyment.
[scribd id=87858361 key=key-1novtb4ei4f1blnei6ja mode=list]


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7 thoughts on “Malibu Media, LLC cases go down in FLAMES in Virginia.”

  1. Hi- This is in reference to the 27 Terik Hashmi cases that were consolidated in NDFL. So I’m hearing the cases were dismissed as of today (4/3). I know nothing regarding law so please bear with me if I sound like an idiot. But what is the benefit of dismissing these cases when they can just go ahead and refile them? So all this time that has passed really didn’t accomplish anything aside from them having to pay another $350 to refile each case?

    1. “Improper joinder” means that it is improper to sue various defendants together in one lawsuit. The reason is that in order to sue defendants together, they need to have participated in the “same transaction or occurrence.” Severing all but one defendant solves the improper joinder issue and allows the case to move forward. I just feel bad for the unlucky Doe #1 for each case because they are usually taken advantage of by the plaintiff attorney and are offered a disproportionate settlement amount.

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