For those involved in the R & D Film 1, LLC cases across the US, I wanted to give you a heads up as to the “state of affairs” of those cases.
I have been watching R & D Film 1, LLC (a.k.a., “R&D Film 1“) since they began suing defendants for downloading the copyrighted title “The Divide.” [Whether they themselves have made ANY ATTEMPTS to take down the offending torrents using tools provided to them in the Digital Millennium Copyright Act (DMCA) is not the topic of this article.]
R&D Film 1 lawsuits showed up in July, 2012, and now 37 weeks later, I am surprised they are still alive.
DRAMA IN THE EASTERN DISTRICT OF MISSOURI
The R & D Film 1, LLC v. Does 1-35 (Case No. 4:12-cv-01743) case has shaken a few people up, because it is unclear which defendants were dismissed, and which were named and served.
In January, Judge Jean Hamilton invoked Federal Rules of Civil Procedure, Rule 4(m), which gave R & D Film 1, LLC 120 days to name and serve defendants. As you know, this is a tool judges have at their disposal to dispose of cases which get stale — they are not forced to dismiss stale cases. This deadline according to the judge’s calculations passed on 3/29/2013, but according to the plaintiff attorney’s calculations, it passed on 4/9/2013.
On 4/11/2013, the judge issued an “Order to Show Cause” why this lawsuit should not be dismissed, plaintiff attorney Joel Samuels responded, “but judge, we DID name and serve certain defendants,” and then Samuels dismissed everyone else [Does 1,6,8,9,10,11,12,13,14,30, and 35] without prejudice. Obviously we haven’t seen the list of who was “named and served,” but I must believe that Samuels wasn’t lying to the judge. That would be a bad idea.
So this case is still in play, and our firm is watching it carefully because what happens in one R & D Film 1, LLC case affects their other cases. Of note in Missouri — these cases are beginning to age, and I suspect more judges will be imposing FRCP Rule 4(m). Already, in EACH OF THE CASES, the other plaintiff attorney Matthew Cutler has filed a “Request for an extension of time to name and serve defendants,” which have been granted by the respective judges. In his next round of requests, they may not be so forgiving.
CASES FILED BY MATTHEW L. CUTLER OF HERNESS & DICKEY IN THE EASTERN DISTRICT OF MISSOURI:
R & D Film 1, LLC v. Does 1-33 (Case No. 4:12-cv-01741)
R & D Film 1, LLC v. Does 1-39 (Case No. 4:12-cv-01742)
R & D Film 1, LLC v. Does 1-35 (Case No. 4:12-cv-01743)
R & D Film 1, LLC v. Does 1-14 (Case No. 4:12-cv-01754)
WESTERN DISTRICT OF WASHINGTON: NO DRAMA.
As you know, on January 8th, 2013, Richard Symmes sued a total of 315 John Doe Defendants in Washington. I wrote about it here in my “(WAWD) R&D Film 1, LLC hires Richard Symmes to file against 315 Defendants” article.
In the R & D Film 1, LLC cases in the Western District of Washington, the story is the same for all the cases. Judge Lasnik has taken over all the cases, and he has allowed R&D Film 1 to serve the ISPs with subpoenas. At this point I have no indication as to whether Judge Lasnik is actively copyright-troll friendly or whether he is simply unifying the proceedings and allowing all cases to proceed.
Interestingly enough, all the defendants appear to be Comcast subscribers, and notwithstanding the Six Strikes System (not to confuse Ira Siegel/CEG-TEK’s “CopyrightSettlements.com” [2017 UPDATE: CEG-TEK is now known as “RIGHTS ENFORCEMENT” (RIGHTSENFORCEMENT.COM)] system and the lawsuits of the copyright trolls), Comcast is forwarding the subpoenas to their subscribers. The problem is that all defendants here are IN WASHINGTON (meaning, jurisdiction is fine), so everyone calling me is asking about a motion to quash, but quashing is not the answer since they live in the state in which they were sued.
CASES FILED BY RICHARD SYMMES IN THE WESTERN DISTRICT OF WASHINGTON
(ALL ALIVE AND WELL):
R & D Film 1 LLC v. Does 1-46 (Case No. 2:13-cv-00050)
R & D Film 1 LLC v. Does 1-45 (Case No. 2:13-cv-00051)
R & D Film 1 LLC v. Does 1-41 (Case No. 2:13-cv-00052)
R & D Film 1 LLC v. Does 1-22 (Case No. 2:13-cv-00053)
R & D Film 1 LLC v. Does 1-51 (Case No. 2:13-cv-00054)
R & D Film 1 LLC v. Does 1-50 (Case No. 2:13-cv-00055)
R & D Film 1 LLC v. Does 1-44 (Case No. 2:13-cv-00056)
R & D Film 1 LLC v. Does 1-16 (Case No. 2:13-cv-00057)
ILLINOIS NORTHERN DISTRICT — “IN AND OUT” LIKE A BANDIT:
In the Northern District of Illinois, R&D Film 1 plaintiff attorneys Michael Hierl and Todd Parkhurt are literally “making away like bandits” with their quick “in-and-out” strategy in the courtroom.
As soon as either of these lawyers get the subscriber information from the ISP, they hit the John Doe Defendants, and they hit them hard, soliciting a number of settlements. As soon as they reach a certain pre-determined number of settlements, they immediately dismiss the case and get out of the court as quickly as possible. No judge oversight — they are “in and out” like a flash before any judge notices what they’ve done.
This is the same pattern for EVERY ONE OF THEIR CASES. I have left my notes next to their cases (below) because I thought the pattern was telling of their strategy.
CASES FILED BY TODD S. PARKHURST & MICHAEL A. HIERL OF HUGHES SOCOL PIERS RESNICK & DYM LTD. IN THE NORTHERN DISTRICT OF ILLINOIS:
R & D Film 1, LLC v. Does 1-52 (Case No. 1:12-cv-05810) closed 4/4
R & D Film 1, LLC v. Does 1-20 (Case No. 1:12-cv-05817) closed 4/11
R & D Film 1, LLC v. Does 1-57 (Case No. 1:12-cv-05821) closed 4/17
R & D Film 1, LLC v. Does 1-62 (Case No. 1:12-cv-05822) closed 4/10
R & D Film 1, LLC v. Does 1-36 (Case No. 1:12-cv-05823) closed 4/18
R & D Film 1, LLC v. Does 1-88 (Case No. 1:12-cv-05825) not yet dismissed; last hearing was supposed to happen on 1/23. didn’t.
R & D Film 1, LLC v. Does 1-29 (Case No. 1:12-cv-05827) closed 4/17
R & D Film 1, LLC v. Does 1-20 (Case No. 1:12-cv-05828) closed 4/18
R&D Film 1, LLC v. Does 1-37 (Case No. 1:12-cv-09036) Still alive; Judge Matthew Kennelly denying motions to quash. Status hearing held and continued to 6/4/2013
R&D Film 1, LLC v. Does 1-92 (Case No. 1:12-cv-09039) Still alive; Status hearing held on 3/19/2013 and continued to 4/23/2013.
R&D Film 1, LLC v. Does 1-103 (Case No. 1:12-cv-09041) closed 3/20
R&D Film 1, LLC v. Does 1-66 (Case No. 1:12-cv-09043) Still alive; ORDER granting motion for leave to take discovery prior to Rule 26(f) conference.
NEW JERSEY DISTRICT — ALL CASES “DEAD”
New Jersey is where copyright troll cases die a quick death. If you remember, all of the Century Media, Ltd., Baseprotect UG, Ltd. cases, along with all of Jay McDaniel’s bittorrent cases were in NJ and they are now dead.
All the New Jersey R&D Film 1, LLC Cases were assigned to Judge Noel L. Hillman and referred to Magistrate Judge Ann Marie Donio. They have dealt all cases (below) a swift death by requiring that local counsel Stamatios Stamoulis explain to the court why each of these cases should not be SEVERED AND DISMISSED for improper joinder.
Essentially, these cases will fail because New Jersey does not buy into the “bittorrent swarm” theory that every downloader was part of the “same transaction or occurrence” as is required by the Federal Rules of Civil Procedure.
CASES FILED BY STAMATIOS STAMOULIS IN THE NEW JERSEY DISTRICT:
R & D Film 1, LLC v. John Does 1-28 (Case No. 1:13-cv-00482)
R & D Film 1, LLC v. John Does 1-103 (Case No. 1:13-cv-00483)
R & D Film 1, LLC v. John Does 1-104 (Case No. 1:13-cv-00484)
R & D Film 1, LLC v. John Does 1-105 (Case No. 1:13-cv-00485)
R & D Film 1, LLC v. John Does 1-31 (Case No. 1:13-cv-00486)
R & D Film 1, LLC v. John Does 1-28 (Case No. 1:13-cv-00487)
NOTE: NJ’s Dragon Quest Productions LLC v. John Does 1-100 (Case No. 1:12-cv-06611) will be affected (and likely killed) as a result of this as well.
In sum, it’s a battle ground, and R & D Films 1, LLC (sometimes spelled R&D Films 1, LLC in the case filings) is fighting to gain as many settlements as is possible. The fact that an Eastern District of Missouri attorney told the court that he named and served defendants indicates to me that R&D Film 1 is willing (maybe) to pay their attorneys to take this fight to the discovery level, if the copyright troll attorney is up for the challenge. Some clearly are not.
PERSONAL NOTE: I am waiting to see whether people were actually named and served (or not); I assume the lawyer’s statement is true because a lawyer would never lie to a court, would they? (#Prenda)
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