Norcalrecord.com: Judge Denies Strike 3 Holdings’ Request
One internet user in Southern California has lucked out- for now. Magistrate Judge Karen Crawford of the U.S. District Court of the Southern District of California ruled that Strike 3 Holdings’ ex parte application must be denied without prejudice.
Crawford wrote the following in her denial of Strike 3 Holdings’ claim:
“Based on the record before the court, plaintiff has not satisfied its burden to make a prima facie showing that the complaint is likely to survive a motion to dismiss for lack of personal jurisdiction and/or improper venue.”
The article goes on to list the three reasons she gave for denying Strike 3 Holdings’ complaint:
“First, the complaint alleges that geolocation technology was used to trace the IP address to a location in this district. Second, the complaint alleges that the defendant resides here based on the results of geolocation technology. Third, the complaint asserts that a substantial part of the alleged copyright infringement occurred in this district.
“However, plaintiff did not submit evidence to support these allegations. As a result, this court cannot conclude the plaintiff met its burden of making a prima facie showing that the complaint would be able to survive a motion to dismiss for lack of personal jurisdiction and or improper venue. Without supporting evidence indicating the offending IP address was located in this District during the relevant time period, the court finds that it would not be appropriate to permit plaintiff to serve AT&T and or AT&T UVerse with a Rule 45 subpoena,” Crawford wrote.
This is a blog dedicated to updates on copyright infringement cases. We’ve represented nearly 400 Strike 3 Holdings clients across the US since 2017, and are America’s most experienced BT copyright defense firm; we can represent you in your case. For more information about handling your subpoena visit our main website page for Strike 3 Holdings.
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JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.