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Filers Beware: No Expedited Discovery in Copyright Suits
Litigation tactics employed by frequent filers of copyright infringement suits may face heavy criticism in light of a recent ruling by a federal judge in New Jersey. Prejudice to defendants and the administration of justice outweigh the interest of plaintiff Strike 3 Holdings in obtaining expedited discovery in a group of piracy suits against John Doe defendants, U.S. Magistrate Judge Joel Schneider of the District of New Jersey decided. Although expedited discovery had been granted to Strike 3 and other repeat copyright litigants in the past, new case law has been published and the court has learned of new material information that was not previously presented, Magistrate Schneider said. Strike 3 Holdings LLC v. Doe, 18-2674.
Expedited discovery has been granted under prior cases with similar circumstances, but parties filing those cases should know they can no longer expect business as usual, Magistrate Schneider said. The court "sees no reason why it should be consciously wrong today because it was unconsciously wrong yesterday," the magistrate noted.
The lawsuits at issue allege John Doe defendants illegally downloaded adult films owned by Strike 3 Holdings. Since it began filing copyright suits in 2017, Strike 3 has filed over 3,000 complaints nationwide. As of this past summer, it had filed 311 cases in New Jersey, but more than half of the cases, 161, were dismissed without prejudice for various reasons.
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