PA K-Beech Case (Virgins 4), 5:11-cv-05060-BMS – All But JD#1 Dismissed, 3 Oct 11

Well YES!!!!!!!

On 3 Oct 11, Judge BERLE M. SCHILLER decided to dismiss all the Does defendants without prejudice except #1.    Does #2-78 can still be named individually, but that doesn’t seem like a smart thing to do for the Trolls.  I have attached the judges order and two of the motions from it, as well as a case summary.  This is a new case to add to the motions template showing that mass joining of Does (even if from the same State) is not acceptable.  I think I will go enjoy a beer and smile for a bit.

Judges Order – PA_K-Beech_Order3Oct11

Motion (Doc #6) Judge cites it in his order – PA_K-Beech_Motion_doc-6

Motion (Doc #12) – Later motion filed by a Doe – PA_K-Beech_Motion_doc-12

United States District Court
Eastern District of Pennsylvania (Allentown)
CIVIL DOCKET FOR CASE #: 5:11-cv-05060-BMS

K-BEECH, INC. v. JOHN DOE 1
Assigned to: HONORABLE BERLE M. SCHILLER
Cause: 17:101 Copyright Infringement
Date Filed: 08/08/2011
Jury Demand: Plaintiff
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

 

Plaintiff  
K-BEECH, INC.

represented by

CHRISTOPHER P. FIORE
FIORE & BARBER LLC
425 MAIN ST STE 200
HARLEYSVILLE, PA 19438
215-256-0205
Email: cfiore@fiorebarber.com
ATTORNEY TO BE NOTICED
V.
Defendant
JOHN DOES 1-78
TERMINATED: 10/03/2011
Defendant
JOHN DOE 1
V.
Movant
JOHN DOE 20
TERMINATED: 10/03/2011

represented by

JOHN DOE 20
NO MAIL ADDRESS PROVIDED
PRO SE
Movant
JOHN DOE 7
TERMINATED: 10/03/2011

represented by

JOHN DOE 7
PRO SE
Movant
JOHN DOE 39
TERMINATED: 10/03/2011

represented by

JOHN DOE 39
NO MAIL ADDRESS PROVIDED
PRO SE
Movant
JOHN DOE (SEE PAPER NO. 7)
TERMINATED: 10/03/2011

represented by

JOHN DOE (SEE PAPER NO. 7)
NO MAIL ADDRESS PROVIDED
PRO SE
Movant
JOHN DOE (IP ADDRESS 98.114.99.6)
TERMINATED: 10/03/2011

represented by

JOHN DOE (IP ADDRESS 98.114.99.6)
PRO SE
Movant
JOHN DOE (PAJOHNDOE178@YAHOO.COM)
TERMINATED: 10/03/2011

represented by

JOHN DOE (PAJOHNDOE178@YAHOO.COM)
NO MAIL ADDRESS PROVIDED
PRO SE

 

Date Filed

#

Docket Text
08/08/2011

1

COMPLAINT against JOHN DOES 1-78 ( Filing fee $ 350 receipt number 047640.), filed by K-BEECH, INC..(rt) (Entered: 08/09/2011)
08/08/2011

DEMAND for Trial by Jury by K-BEECH, INC.. (rt) (Entered: 08/09/2011)
08/08/2011

2

Copy of Form to Register of Copyrights (rt) (Entered: 08/09/2011)
08/10/2011

3

NOTICE by K-BEECH, INC. of filing Rule 7.1 Disclosure Statement (FIORE, CHRISTOPHER) (Entered: 08/10/2011)
08/10/2011

4

First MOTION for Leave to File to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by K-BEECH, INC..Memorandum of Law.(FIORE, CHRISTOPHER) (Entered: 08/10/2011)
08/11/2011

5

ORDER. RE: MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(F) CONFERENCE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 8/11/11.8/11/11 ENTERED AND COPIES E-MAILED.(fdc) (Entered: 08/11/2011)
09/09/2011

6

JOHN DOE(PAJOHNDOE178@YAHOO.COM) MOTION TO QUASH OR MODIFY SUBPOENA, CERTIFICATE OF SERVICE.(fdc) Modified on 9/30/2011 (td, ). (Entered: 09/09/2011)
09/23/2011

7

JOHN DOE (SEE PAPER NO. 7) MOTION TO QUASH OR MODIFY SUBPOENA AND TO DISMISS, CERTIFICATE OF SERVICE. (fdc) Modified on 10/3/2011 (td, ). (Entered: 09/23/2011)
09/23/2011

8

JOHN DOE 20’S MOTION TO QUASH OR MODIFY SUBPOENA, CERTIFICATE OF SERVICE.(fdc) (Entered: 09/23/2011)
09/27/2011

9

NOTICE of Voluntary Dismissal by K-BEECH, INC. As To With Prejudice of Doe 46 Only(FIORE, CHRISTOPHER) (Entered: 09/27/2011)
09/28/2011

10

JOHN DOE #7’S MOTION TO QUASH OR VACATE THE SUBPOENA, CERTIFICATE OF SERVICE. (fdc) (Entered: 09/28/2011)
09/30/2011

11

JOHN DOE 39’S MOTION TO QUASH, MODIFY, OR VACATE THE SUBPOENA, CERTIFICATE OF SERVICE.(fdc) (Entered: 09/30/2011)
10/03/2011

12

MOTION TO DISMISS AND, IN THE ALTERNATIVE, TO ISSUE A PROTECTIVE ORDER AND MOTION FOR LEAVE TO PROCEED ANONYMOUSLY, FILED BY Dismiss JOHN DOE (IP ADDRESS 98.114.99.6), CERTIFICATE OF SERVICE.(fdc) (Entered: 10/03/2011)
10/03/2011

13

ORDER THAT ALL DEFENDANTS EXCEPT JOHN DOE 1 ARE SEVERED FROM THIS ACTION AND DISMISSED WITHOUT PREJUDICE. THE MOTION (DOC. #6) IS GRANTED. ALL SUBPOENAS SEEKING DISCOVERY REGARDING ALL DEFENDANTS EXCEPT JOHN DOE 1 ARE QUASHED. THE OTHER PENDING MOTIONS TO QUASH IN THIS CASE ARE DENIED AS MOOT. BY 10/14/11, PLAINTIFF SHALL SERVE A COPY OF THIS ORDER ON EVERY DEFENDANT FOR WHOM IT HAS OBTAINED AN ADDRESS AND THE INTERNET SERVICE PROVIDERS ON WHOM THIRD-PARTY SUBPOENAS HAVE BEEN SERVED. BY 10/28/11, PLAINTIFF’S COUNSEL SHALL FILE A DECLARATION ATTESTING THAT PLAINTIFF HAS COMPLIED WITH THIS PROVISION. PLAINTIFF SHALL HAVE UNTIL 10/14/11 TO FILE AN AMENDED COMPLAINT AGAINST JOHN DOE 1, IF IT WISHES TO PROCEED WITH ITS CLAIM AGAINST THIS DEFENDANT. SIGNED BY HONORABLE BERLE M. SCHILLER ON 10/3/11. 10/4/11 ENTERED AND COPIES MAILED TO PRO SE PARTIES, E-MAILED.(fdc) (Entered: 10/04/2011)
10/03/2011

Set/Reset Scheduling Order Deadlines: AMENDED PLEADINGS DUE BY 10/14/2011. (fdc, ) (Entered: 10/04/2011)
10/04/2011

14

NOTICE of Voluntary Dismissal by K-BEECH, INC. As To Notice of Voluntary Dismissal Without Prejudice of Does 1, 20 and 30 Only(FIORE, CHRISTOPHER) (Entered: 10/04/2011)

DieTrollDie  🙂

 

 

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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5 Responses to PA K-Beech Case (Virgins 4), 5:11-cv-05060-BMS – All But JD#1 Dismissed, 3 Oct 11

  1. Raul says:

    Instead of one beer you will probably want to have a six pack after reading the memorandum order filed on 10-5-2011 in the United States District Court for the Eastern District of Virginia 11-cv-469, in which the court on its own accord, severed Does 2-85, quashed the subpoenas and then ordered plaintiff’s counsel to show cause as to why he should not be hit with Rule 11 sanctions for frivolous conduct.

  2. DieTrollDie says:

    Thanks for the update. That is some great information. I can’t wait to read this and add it to the Motion templates.

    DieTrollDie 🙂

  3. John Doe in PA says:

    I am a John Doe in the K-Beech vs John Does 1-78 in PA, although the judge ruled to dismiss I have now recieved a letter mailed directly to me by Fiore & Barber. How did they get my name if the judge ruled to dismiss the suponea? It is basically a letter saying that they plan on filing suit against me and all the others in this case. I was not john doe number 1 either. Should I contact a lawyer at this point or wait to see if they actually file a suit. Needless to say I am confused and angry. I would love if someone could shed some light on this situation.

  4. Raul says:

    Looks like all the individual lawsuits filed in the aftermath of this order have been quietly dismissed this week.

  5. Raul says:

    Change “all” to “almost” in the above post. A double check revealed that a few of the individual Doe cases are still active.

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