Well I looked up a CO case concerning K-Beech and the file “Virgins 4.” This is the same K-Beech file that has a 78 John Doe case in PA. There are probably more cases in other States with the same K-Beech file. K_Beech_CO_Vir4_Show_Cause_Dism Case# 1:11-cv-01653-CMA -MJW
The interesting thing I noted is that three John Does’ (# 7, 14, & 15) file Motions to Quash or Modify Subpoena. On 2 Sep 11, Kotzker dismissed all three of the John Does without prejudice. The Does used the Motion templates!!!!! 🙂
On 7 Sep 11, the Judge (Michael J. Watanabe) issued an ORDER TO SHOW CAUSE and ORDER RESETTING RULE 16 SCHEDULING/PLANNING CONFERENCE. In the order, the judge noted that since it was filed, NO defendants have been served within 120 days of the complaint filing. Kotzker has to show good cause as to why the case should not be dismissed.
ORDERED plaintiff shall forthwith serve the defendants and file returns of service for each. It is further
ORDERED that on October 31, 2011, at 1:30 p.m. in Courtroom A-502, fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294, plaintiff shall show cause why this case should not be dismissed pursuant to Fed. R. Civ. P. 4(m) for failing to serve the defendants and failure to prosecute.
It is further ORDERED that the Rule 16 Scheduling/Planning Conference is reset to October 31, 2011, at 1:30 p.m. in Courtroom A-502, fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The parties shall submit their proposed Scheduling Order and Confidential Settlement Statements on or before
October 26, 2011.
Well this looks hopeful for our Colorado brothers and sisters. The judge in this case appears to not want to mess around with the Trolls. The Troll did file a response trying to justify his case – Plaintiffs_Reason_for_Mass_case
Another note: It appears that two John Does (# 18 & 21) settled with Kotzker, as they were dismissed with prejudice on 12 Sep 11. 😦
UPDATE – It appears Doe #8 settled with the Troll and was dismissed with prejudice on 27 Sep 11.
Keep it up!
Here is the LinkedIn page for Jason Kotzker – http://www.linkedin.com/pub/jason-kotzker/4/391/678