Lawsuit by Fathers and Daughters Nevada LLC in NDIL – End of the Line?
On August 23, 24, and 29th attorneys for Fathers and Daughters Nevada LLC will be appearing in court in the Northern District of Illinois, and may need to explain to the Court when the remaining defendants will be served with a lawsuit summons and complaint.
On February 22 2016, Fathers and Daughters Nevada LLC the copyright holder to the movie “Fathers and Daughters” featuring Russell Crowe and Amanda Seyfried about a father that suffered a mental breakdown and his grown daughter’s attempt to navigate her own life filed lawsuits against 96 unnamed defendants alleging they illegally downloaded the then-unreleased movie through the internet.
A number of those unnamed defendants, contacted by letter from their ISP that their IP address had been identified in the lawsuit as being one of the alleged downloaders, settled with the plaintiff and are no longer part of the lawsuits.
For those remaining it would appear that these cases are nearing the end of the line: Fathers and Daughters Nevada LLC will likely be told that they must name and serve the remaining defendants or the case(s) will be dismissed. Under Federal Rule of Civil Procedure 4(M) in most cases the defendants must be served within 90 days of the lawsuit’s complaint being filed:
(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
- In case number 1:16-cv-02450 Fathers And Daughters Nevada LLC v. Does 1-21, Judge Andrea R. Wood ordered “Plaintiff’s deadline to effect service of summons and complaint upon Defendants is extended to the next status hearing. Status hearing set for 8/24/2016 at 9:00 AM“
In two other cases, the judge has assigned a new status date that is quickly approaching, but the orders do not include language regarding serving the remaining defendants:
Finally, in the remaining case there does not appear to be a Status date set:
- Case number 1:16-cv-02452 Fathers And Daughters Nevada, LLC v. Does 1-26 John J. Tharp, Jr.
If you receive a letter from attorneys representing Fathers And Daughters Nevada, LLC or are served with a Summons or a Waiver of Service call Antonelli Law for a free attorney consultation at 312-201-8310 about your legal options or use the contact form below.
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1:16-cv-02456 Fathers and Daughters Nevada, LLC v. Does 1-17
John Robert Blakey, Status continued to 8/23/2016 at 10:00 a.m.
1:16-cv-02452 Fathers And Daughters Nevada, LLC v. Does 1-26
John J. Tharp, Jr, presiding
1:16-cv-02453 Fathers and Daughters Nevada, LLC v. Does 1-32
Sharon Johnson Coleman, presiding Status hearing set for 8/29/2016 at 09:00