New Defense Motions filed in Malibu Media Lawsuits – Middle District of Florida

Yesterday, in the Middle District of Florida, we filed the third of three new defense motions on behalf of John Does in a Malibu Media lawsuit.  

These are the first such motions we’ve filed in more than a year. The reason is that the Middle District of Florida has been particularly conservative regarding BitTorrent copyright infringement lawsuits.  For the last year or so, it was assumed that any Doe filing motion to quash or dismiss (prior to being served) in any of these cases would result in an inevitable denial.  Examples of such denials are here and here.

However, recently I changed my mind.  I was retained to help out a John Doe in a case in the Miami Division of the Southern District of Florida.  Knowing that Judge Ungaro had recently dismissed a case in the Miami Division gave me hope that this new John Doe had a chance.  So I did some research and got to work, which led me drafting a new motion.  I read a motion filed by fellow BitTorrent lawsuit defender Morgan Pietz (from California) in a similar case in Maryland, and incorporated some of its arguments.  After throwing in some more research, we’re left with some strong new arguments for the Florida Districts — and my first motions to quash filed in Malibu Media cases in more than a year.

Now . . .  we keep our fingers crossed.

Motion below.  Case is Malibu Media, LLC v. John Doe, Case No. 8:14-cv-00657 (M.D. Fla.)

John Doe's Omnibus Motion to Dismiss and Action and Quash Subpoena in Malibu Media v John Doe Case 8-1…