I thought that one of today’s comments deserved a separate post: it is well-written and the discussed document is indeed interesting.
Here’s an interesting case I’ve been following in Pennsylvania: Malibu Media, LLC v.John Does 1-22 (5:12-cv-03139).
The Judge’s order was posted the other day, which severed all Does except one from the case, ordering Fiore to refile separately. That’s great news, but what was even more interesting about this case was how that came about. I haven’t seen it talked about much yet so here’s the overview:
AND NOW, this 24th day of July, 2012, upon consideration of the Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss and/or Sever Complaint, it is ORDERED that no later than August 8, 2012, the plaintiff shall file a supplemental memorandum in which it shall cite each case within the Third Circuit holding contrary to the cases cited in the plaintiff’s memorandum.
And another order on 7/31/2012:
AND NOW, this 31st day of July, 2012, upon consideration of the Plaintiff’s Motion for Clarification (Document No. 12), it is ORDERED that the motion is GRANTED.
IT IS FURTHER ORDERED that the Order of July 24, 2012 refers to all BitTorrent copyright infringement cases and similar copyright infringement actions.
So essentially, Judge Savage asked Troll Fiore to argue against himself. Fiore submitted his memorandum on 8/8/2012 and cites at least a dozen cases where joinder was held improper, but he does his best to try and make it seem like really the issue is up in the air and it should fall on his side.
This is probably the funniest document I’ve ever read. You can just feel the cognitive dissonance on the pages. He’s very quick to point out why the cases he cites are wrong, but maybe he made the mistake of citing one of Savage’s own decisions that found joinder improper. Either way, Savage was not swayed, as we have seen, and Fiore failed. But this document will be very interesting for future motions to sever, where we can use the trolls own words against him.