12
that all of the nonresident John Does will waive viable lack of
venue and lack of personal jurisdiction defenses—indeed,
those defenses have been routinely raised in other similar file
sharing lawsuits.” Nu Image, 799 F. Supp. 2d at 42; see also,
e.g., AF Holdings LLC v. Does 1-96, No. C-11-03335, 2011
U.S. Dist. LEXIS 134655, at *9 (N.D. Cal. 2011) (providing
for discovery only after holding that plaintiff had “made a
prima facie showing that its Complaint would withstand a
motion to dismiss for lack of personal jurisdiction’);
Millenium TGA
LEXIS 110135,
v. Doe, No. 10-C-5603, 2011 U.S. Dist.
at *8 (N.D. Ill. 2011) (refusing to allow
discovery where there was no plausible basis for personal
jurisdiction); cf. McLaughlin v. Bradlee, 803 F.2d 1197, 1205
(D.C.
Cir.
1986)
(upholding
award
defendants’ issue preclusion defenses
obvious to render complaint frivolous).
of
sanctions
were
where
sufficiently
In sum, AF Holdings’s refusal to cabin its suit and
corresponding discovery requests to individuals whom it has
some realistic chance of successfully suing in this district
demonstrates that it has not “sought the information because
of its relevance to the issues” that might actually be litigated
here. Oppenheimer, 437 U.S. at 353. Although AF Holdings
might
possibly
seek
discovery
regarding
individual
defendants in the judicial districts in which they are likely
located, what it certainly “may not do. . . is improperly use
court processes by attempting to gain information about
hundreds of IP addresses located all over the country in a
single action, especially when many of those addresses fall
outside
of the court’s jurisdiction.”
Pacific
Century
International, Ltd. v. Does 1-37, 282 F.R.D.
189, 196 (N.D.
Ill. 2012). In seeking such information, AF Holdings clearly
abused the discovery process.
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