The questionable fate of Nu Image Inc v. Does 1-91, 4:12-cv-331, and Nu Image Inc. v. Does 1-198, 2:12-cv-359 (The Expendables)

Back in the first week of July, film company Nu Image, Inc. filed two lawsuits against a total of 289 anonymous “John Does” in the United States District Courts in Florida for the alleged unauthorized downloading of The Expendables.  The cases are:

• Nu Image, Inc. v. Does 1-91, Case No. 4:12-cv-00331-RH-CAS (N.D. Fla. Tallahassee Division)
• Nu Image, Inc. v. Does 1-198, Case No. 2:12-cv-00359-JES-DNF (M.D. Fla. Fort Myers Division)

 However, the lawsuits, both filed by and through Attorney Jeffrey Weaver, each sat in the Court virtually untouched for more than three months.

This three-month time gap is significant because a Plaintiff is usually required to serve defendants with process within 120 days of filing the complaint, as required by the Federal Rules of Civil Procedure.  The 120-day time limits in these Nu Image cases expired on November 2 and 6, 2012.  Usually, in many of these “John Doe” cases, the Court will grant an extension of time because a Plaintiff cannot serve Defendants until having learned their identities.  However, in these lawsuits, the Plaintiff, Nu Image, Inc., has not asked the Court for extensions of time.

Then, in both cases, in the last week of October 2012, less than two weeks before the 120-day extension, Nu Image, Inc. finally filed its motions for leave to take early discovery.  As of today, the motions (in both cases) have not been (yet) granted.

What this means is, considering the passed time, the Court may look upon the Plaintiff’s motion for leave for early discovery with less leniency as it has in other cases.  Or, as has been happening in almost all the other cases, the motion will be granted, the subpoenas will be issued, and weeks later 91 different Internet accountholders will receive letters from their Internet Service Providers telling them their I.P. addresses were identified and that they have an option to file a motion to quash.

Thus, only time will tell.  Nu Image, Inc. v. Does 1-91, 4:12-cv-331 is pending before Judge Robert L. Hinkle and Magistrate Judge Charles A. Stampelos.  Nu Image, Inc. v. Does 1-198, 2:12-cv-359, is pending before Judge John E. Steele and Magistrate Judge Douglas N. Frazier.

If you receive a letter from your ISP regarding either of these lawsuits filed by Nu Image, Inc., feel free to call our office at 407-965-5519 for a free consultation.