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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