In two orders on Monday, Judge Scheindlin and Judge McMahon reinforced their position — as reported on before in this space — that individual unknown John Does could not be joined as defendants in a single suit alleging the use of a peer-to-peer file-sharing network to download and share copyrighted films. As we have previously noted, judges in the Southern District are split on whether joinder is appropriate. In Judge Scheindlin’s case, the court denied the plaintiff’s motion for reconsideration of her sua sponte order to sever and dismiss without prejudice all claims against all but the first John Doe listed in the caption. Recognizing the split opinions among her fellow Southern District judges, Judge Scheindlin held that the difference of opinion was not sufficient grounds to cause her to reconsider her original decision:
Continue Reading Judges Scheindlin and McMahon Refuse to Reconsider Joinder of John Doe Defendants