24 Mar 14 Update
This isn’t an update to this case, BUT it is an Order from another NDIL judge concerning swarm joinder. Judge Chang kill the mass joinder of nearly 400 Does in Four reFX Audio cases (1:13-cv-03524, 1:13-cv-01790, 1:13-cv-01793, & 1:13-cv-07494). Please read this impressive Order and the explanation of how the joinder of BT Does should work. Opin_Order_03524(IL) DocketEntry_03524(IL)
This is a short update to a previous post in which Countryman Nevada LLC (Nicholas Chartier) filed Two ILND cases on 3 Jan 14. Case 1:14-cv-00040 (32 Does – Archive Docket) and 1:14-cv-00041 (34 Does)
As the case was filed on 3 Jan 14, I expected Plaintiff would motion for early discovery soon after. I will say for some recent Voltage Pictures/Nicolas Chartier cases, I have noted a long delay in requesting early discovery. For these cases, the Troll/Plaintiff already has all the information needed to request early discovery when the complaint is filed. The only reason I would expect a short delay is while they get their “technician” (AKA: Troll Expert) to validate and sign the memorandum. For this case, the motion for early discovery was not filed until 6 Mar 14 – approx. Two months after filing the complaint. Why the delay??? I haven’t bothered to download the document yet, but I expect it is the same old garbage. If someone wants to RECAP (if working) or email me – Thank you in advance.
On 11 Mar 14, the court held a status hearing in which Troll Hierl basically said the case was at a stand still until the court granted early discovery for the ISP subscriber records. StatusRptMar14_00040(IL)
Now the interesting bit of this comes from a court order filed on the same day. Order_Doe1_Only_00040(IL)
Status hearing held and continued to 05/14/14 at 9:00 a.m. As stated on the record, Plaintiff will proceed against Defendant Doe Number 1. Plaintiff’s motion for discovery  is granted as to Doe Number 1.
The order is short on details, but it makes it clear the court (Judge Samuel Der-Yeghiayan) doesn’t agree with the joinder of the 32 Does – for some reason. So now Plaintiff can seek the subscriber information for Doe #1, Comcast customer using public IP address 188.8.131.52, on 8 Dec 13, 08:53:27 UTC. The next status hearing is in approx. Two months, so any failure to name and serve this “Single” Doe is going to stick out to the court. I haven’t seen a dismissal of the remaining Does, but that could happen if the court feels Troll/Plaintiff is gaming the system. This could also be a test by the court to see what the troll does prior to granting any additional subpoenas. Hopefully this case will get delayed enough that the ISP records will expire for some of the Does (Infringement date range | 27 Nov – 8 Dec 13).
I would have preferred a straight dismissal of Does # 2-32, but it is a start in the ILND. The Does in case 1:14-cv-00041, were not so lucky, as on 5 Mar 14, the court (Judge Sara L. Ellis) authorized early discovery for Troll/Plaintiff. Entry_Doc13_00041(IL) This just goes to show you how inconsistently these cases are handles even within the same jurisdiction. What a mess.