Yesterday the Middle District of Florida granted Plaintiff NU IMAGE, INC. an extension of time in which to name and serve the 3,932 Doe Defendants it is pursuing in Nu Image, Inc. v. Does 1-3932, 2:11-cv-545-FtM-29SPC.
The lawsuit was originally filed on September 26, 2011. In federal court, a plaintiff generally has 120 days in which to serve defendants. However, in its motion, which was filed July 18, 2012, Nu Image told the Court that “good cause” existed and additional time was necessary to allow the Internet Service Providers to comply with the subpoenas. Nu Image also explained that it was filing, and it did file, an amended complaint, as another reason to show “good cause.”
Previously, the Court has said that Nu Image’s complaint was deficient as to personal jurisdiction. The new complaint attempts to strengthen these allegations by adding some language about how it, Nu Image, suffered harm within the Middle District of Florida, and how the Doe Defendants allegedly committed tortious acts of infringement in the Middle District. It remains to be seen whether the Court will find these revised allegations sufficient to allege personal jurisdiction, however.
If you have been implicated as one of the 3,932 Doe Defendants, feel free to contact Attorney Conlin for a free consultation about your matter. You can reach us at 407-965=5519.
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