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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