2
Paul A. Duffy argued the cause and filed the brief for
appellee AF Holdings, LLC.
Before: TATEL, Circuit Judge,
SENTELLE, Senior Circuit Judges.
and
SILBERMAN
and
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge: Generally speaking, our federal
judicial system and the procedural rules that govern it work
well, allowing parties to resolve their disputes with one
another fairly and efficiently. But sometimes individuals seek
to manipulate judicial procedures to serve their own improper
ends. This case calls upon us to evaluate—and put a stop to—
one litigant’s attempt to do just that.
I.
Appellee AF Holdings, a limited liability company
formed in the Caribbean islands of Saint Kitts and Nevis, sued
and then sought discovery regarding more than a thousand
unknown individuals who it claimed had illegally shared a
copyrighted pornographic film. This interlocutory appeal
arises from a district court order granting AF Holdings’s
discovery requests.
A full understanding of this case requires knowing some
things about the lawyer and “law firm’ that initiated it. AF
Holdings is represented by attorney Paul A. Duffy. Until very
recently, Duffy was associated with “Prenda Law,” an
organization that, since representing AF Holdings in the
district court,
appears
to have
disbanded
and_ then
reconstituted itself in a similar form. See Ben Jones, Prenda
Suffers
More
Fee
Award Blows,
TorrentFreak
(August
9,
2013), http://torrentfreak.com/prenda-suffers-more-fee-award
-blows-130809.