Congratulations to clients of the Cashman Law Firm, PLLC (and now former defendants in the case) who were dismissed today from the Maverick Entertainment Group, Inc. v. Does 1-2,115 case (1:10-cv-00569-BAH) in the US District Court for the District of Columbia.
Those of us who have been following this case (along with our clients) had their alarms set to check the docket this morning for a dismissal, as the judge was very clear that today was the deadline for the plaintiff attorneys at Dunlap Grubb & Weaver, PLLC to either name defendants or dismiss them according to the dictates of Federal Rules of Civil Procedure (FRCP) Rule 4(m). This rule gives plaintiff attorneys 120 days to name and serve defendants or to dismiss them.
There was an interesting note in these dismissals, [and it was not the fact that along with the dismissals the plaintiff attorneys asked for yet another 120-day extension to name and serve the remaining defendants].
What was notoriously MISSING from the dismissals were the defendants who had Charter Communications as their ISP. As the documents below indicate, not one Charter defendant was dismissed.
While there is no obvious reason for this, because I get phone calls each day from various Doe Defendants, I learn which ISPs have production dates due in the near future, and Charter is one of them. Charter still has at least one subpoena request (with potentially hundreds of defendants) which they have not yet turned over to Dunlap Grubb & Weaver, PLLC. As far as I can recall, this subpoena is due at the end of August.
So for those of you who are Charter Communications subscribers, I would not be shocked or surprised that you have not yet been dismissed. It appears to me as if your plaintiff attorneys are waiting until the results are in (e.g., until they receive all the accused subscribers’ contact information) before they do the next round of dismissals, which I expect to include Charter Communications’ subscribers.
For those of you who are putative John Doe Defendants in this case, please look for your IP address in this document to determine whether you have been dismissed. If you have, allow me to congratulate you on your victory.[scribd id=62386213 key=key-c0fsrw3a16k5qc91evr mode=list]