BitTorrent Litigation: Court Threatens Sanctions Against Vexatious Doe Defendant

Judge Richard A. Jones has had about enough of the boilerplate and Internet sourced self-help Motions to Quash being filed by defendants in Washington and on March 11, 2015 issued an order threating one “Mr. Doe” with monetary sanctions.

Initially this “Mr. Doe” or John Doe No. 4 filed a motion to quash arguing many of the standard boilerplate arguments. The court was not impressed.

[Mr. Doe] asserts that Plaintiff has improperly joined ten “John Doe” defendants in this case. He also asserts (without providing evidence) that he has learned from “prior defendants” that Plaintiff follows up the identification of a Comcast subscriber with “forceful correspondence, persistent phone calls and other methods asking for money to avoid their lawsuit.” He asserts that he has never heard of the Dallas Buyers Club movie and he has never unlawfully downloaded it.

The court rejected the improper joinder arguments and the denial of liability as a basis for quashing the subpoena, and pointed out that allegations of “strong-arm tactics” were without any actual evidence. (“Mr. Doe has not, however, given the court a basis to conclude Plaintiff is actually using those tactics.”)

However, not satisfied, “Mr. Doe” proceeded to file further objections and motions. After a third try, the court had enough and stated:

This is the third motion Mr. Doe has filed targeting the same subpoena issued to Comcast. Just as the court has denied the previous two motions, it denies this one. If Mr. Doe persists in filing motions attacking the subpoena, the court will terminate those motions without further notice. It may also issue an order to show cause why it should not designate Mr. Doe as a vexatious litigant and issue monetary sanctions against him.

As a caution, it appears Judge Jones’ patience with BitTorrent infringers is wearing thin.

The case is Dallas Buyers Club, LLC v. John Does 1-10, W.D. Washington, 14-cv-01819-RAJ.

The relevant orders of the court:

Order Denying Motion 14-cv-01819-RAJ_Doc_16

Order Re Sanctions 14-cv-01819-RAJ_Doc_21

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