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808 Holdings, LLC cases severed in S.D. Cal

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Back in late January of 2012, 808 Holdings, LLC filed three cases in California Southern District Court (they have since filed others):

3:12-cv-00186
3:12-cv-00191
3:12-cv-00215

Each case was against a set of joined Does who were part of a BitTorrent swarm having hash E37917C8EEB4585E6421358FF32F29CD63C23C91.

In the first case, 808 Holdings, LLC v. Collective of December 29, 2011 Sharing Hash E37917C8EEB4585E6421358FF32F29CD63C23C91., Does 1-83, Inclusive, Case No. 3:12-cv-00186, early discovery was granted in part in May of 2012, but for only five defendants:

For the reasons discussed below, the Motion is GRANTED in part and DENIED in part.

The Plaintiff has made a sufficient showing to satisfy the three-factor test for only five of the eighty-three Doe Defendants. For these five Defendants, Plaintiff’s Motion is GRANTED.

On March 05, 2013 – more than a year after these cases were filed – the following order hit the docket (emphasis is mine):

ORDER Overruling 9 Objections filed by 808 Holdings, LLC; Severing Does; and Dismissing Actions Against All Does Except Doe 1. The Court finds joinder of all Does except for Doe 1 to be improper in all three cases. Accordingly, the Court severs all Does except Doe 1 and Dismisses without prejudice Plaintiff’s claims against the severed Doe defendants. To the extent Judge Brooks’s Order in 12-CV-186-MMA(RBB) authorized early discovery for five Doe defendants, Plaintiff may now seek early discovery for one Doe defendant in light of the instant Order.

Some things just take time!

808 Holdings LLC has other active cases – there are at least three ongoing in the C.D. Cal., and I will write about those cases later this week.


Tagged: 3:12-cv-00186, 3:12-cv-00191, 3:12-cv-00215, 808 Holdings, California

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