11
services can place a user no farther away than a city that
borders the user’s actual location’). Given AF Holdings’s
failure to take even these minimal steps, we cannot escape the
conclusion that it sought the vast majority of this information
for reasons unrelated to its pursuit of this particular lawsuit.
See Oppenheimer, 437 U.S. at 352 n.17 (‘In deciding whether
a request comes within the discovery rules, a court is not
required to blind itself to the purpose for which a party seeks
information.”’). Indeed, Duffy essentially admitted as much at
oral argument, stating that if, as appears to be the case, 399 of
Comcast’s 400 identified subscribers were found to live
outside the District, “the 399 likely wouldn’t be named as
defendants in this case.” Oral Arg. Rec. 34:32-36.
The foregoing analysis applies equally to venue. Under
the relevant statute, 28 U.S.C. § 1400(a), the propriety of
venue turns on whether the defendant is subject to personal
jurisdiction. See Milwaukee Concrete Studios, Ltd. v. Fjeld
Manufacturing Co., 8 F.3d 441, 445 (7th Cir. 1993) (“section
1400(a)’s ‘may be found’ clause has been interpreted to mean
that a defendant is amenable to personal jurisdiction in a
particular forum’). AF Holdings’s failure to establish any
basis for thinking the latter exists means that it has likewise
failed to set forth any good faith basis for the former.
AF Holdings’s sole counterargument
jurisdiction and venue may be waived
is that personal
and that these
defendants, once identified, might do so. See Anger, 791 F.2d
at 958. Such a speculative possibility is, however, plainly
insufficient
to
satisfy
AF
Holdings’s
obligation
to
demonstrate a good faith belief that it will actually be able to
successfully sue the more than a thousand non-District
residents about whom it seeks discovery. As then-District
Judge Robert Wilkins concluded in rejecting the same
argument, “it defies common sense for the Court to assume
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos