Magistrate Judge Dinsmore has weighed in on the subpoena practice in this type of download case and has set out new procedural requirements, including the requirements that Plaintiff turn over all correspondence with defendants to the court and also name Defendants within 7 days of learning their information via discovery. Plaintiff’s counsel has responded in a Motion to Reconsider.
“The Court has become aware of several court opinions from across the country that have raised concerns regarding potentially inappropriate procedures being utilized by plaintiffs in cases similar to the instant case to extract settlements from putative defendants without any intention by the Plaintiff of ever actually litigating the case on its merits. While the Court does not assume that Plaintiff or its counsel have engaged in any improper conduct, the Court will impose the following procedures in this matter to ensure the prompt identification and service of the putative Defendants in this matter (see Order) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.”
Motion to Reconsider and Amend Court’s Order: