A motion to quash was made by one of the many John Doe defendants in the Eastern District of New York Malibu Media cases. The defendant was represented by Chejin Park, Esq., of Flushing. Due to the “serious questions as to whether good cause exists in these actions to permit … expedited pre-answer discovery”, the Court, by Magistrate Judge Steven I. Locke, before whom all of the Eastern District cases are consolidated, decided to stay all pre-answer discovery until his determination of the motion to quash.
Malibu Media, via a local Jacqueline M. James, filed 88 cases in NYED (all of them in 2015). Subpoenas to ISPs are stayed in those cases where the troll hadn’t already received Does’ names.
(While the order below lists only 20 cases, this order is accompanied by similar orders.)
Here is the motion to quash that triggered this order. It is good:
On the other side of the continent, in CAND, all the Malibu Media cases were recently consolidated before a single judge — William Alsup. We are closely watching developments there.
- TorrentFreak: New York judge puts breaks on copyright troll subpoenas
On 10/27/2015 the Miami Troll Center scrambled and opposed this motion to quash. It is full of usual hogwash: tearful story of a poor pornographer Colette, John Steele’s argument that the defendant doesn’t have standing to quash, characterizing the Bellwether Settlement Conference as a win in “the first ever BitTorrent copyright infringement trial,” ans so on. Yet the most hilarious is the claim that
On September 28, 2015, Defendant moved to quash the subpoena. Defendant’s Motion is riddled with factual misstatements, relies upon inapposite authority, and fails to assert a legally cognizable reason to quash a subpoena under Rule 45.
Given that the motion to quash in question is largely copied from the Judge Hellerstein’s order verbatim, I’m curious why the troll didn’t choose to confront the judge directly 4 months ago and simply cut the loss? This question is rhetorical: losing the NYED battle would be a devastating blow to Lipscomb’s shakedown business. Thus, alle Mann an Deck and anything goes.
In response to NYED stay, Malibu Media lists cases it “litigates” 2 “prove” it is not a troll but no mention of cases with @ConlinLaw. Hmmm.
— Raul (@Raul15340965) October 29, 2015
On 11/17 the defense responded to the opposition, thoroughly debunking each and every Malibu’s misinterpretation: