After getting admonished by Judge McMahon as explained in a recent post, copyright troll Mike Meier has an audacity to file another passel of lawsuits in the Southern District of New York. One of these lawsuits, Combat Zone, v. Does 1-34 (12-cv-4133) gets assigned to the troll’s nemesis, Judge McMahon (you know this will not end well for the troll). Meier moves for expedited discovery which Judge McMahon denies and she orders Meier to show cause, in light of her earlier Order in Digital Sins, why she should not sever Does 2-34 in this new lawsuit. Meier puts in his response and on 6/18 Judge McMahon hands down her Order severing Does 2-34. Excerpts:
First, Counsel argues that I should permit these defendants to be joined because I have been inconsistent on this issue…To which I say, with Justice Holmes, that a foolish consistency is the hobgoblin of little minds…
Second, plaintiff calls my attention to the fact that my colleagues Judges Forrest and Nathan have reached a different conclusion in “swarm” cases… I respectfully disagreed with my learned colleagues then and I continue to do so now, having concluded that other precedents were more persuasive in light of the Second Circuit’s holding-never overturned, despite advances in technology-that permissive joinder is not authorized when a large number of people use the same method to violate the law.
finally, and to get the full flavor you need to recall that Meier always seems to find a convenient excuse not to pursue Doe 1 after severance (in discussing the reliability of Meier’s geolocation technology),
In Digital Sin, I allowed plaintiff to proceed against Doe 1 (after severing the other 246 John Does), only to have plaintiff’s counsel file a discontinuance in short order; the cited ground was that plaintiff had learned that Doe1-his geolocation technology notwithstanding-was not a New York resident and was not amenable to suit in the Southern District of New york! I commend counsel for his candor in admitting the want of jurisdiction once it was uncovered, but he makes my point: the amenability of these defendants to suit in this district is suspect.
Enjoy the full order:
By the way, if you have any doubt that this is indeed a “Domino Effect,” judge McMahon is not the only SDNY judge who tells trolls to get out of the district.