Next Phase Distribution, Inc. v. John Does 1-27
284 F.R.D. 165
S.D.N.Y.2012Background
- Next Phase seeks pre-service discovery to identify Doe defendants alleged to have downloaded its copyrighted pornographic film via BitTorrent.
- Court previously ordered Next Phase to show cause why Does 2-27 should not be severed.
- Court sua sponte severed and dismissed Does 2-27 without prejudice.
- Court granted discovery for John Doe 1 with a protective order.
- Court discusses permissive joinder under Rule 20 and discretionary severance under Rules 21 and 42(b), noting conflicting district decisions and practical concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joinder of Does 2-27 is proper under Rule 20(a). | Next Phase argues same-swarm activity justifies joinder. | Court should not automatically join many defendants; efficiency not shown. | Severance warranted; joinder not required. |
| Whether the court should sever Does 2-27 under Rules 20(b), 21, 42(b). | Joinder promotes efficiency. | Separation reduces complexity and potential prejudice. | Court severs Does 2-27 without prejudice. |
| Whether Next Phase’s Motion for Discovery for Doe1 should be granted. | Identification of Doe1 requires pre-service subpoena under Rule 45; good cause shown. | Not needed if joinder remains; concerns about privacy. | Motion for Discovery granted for Doe1 with protective order. |
Key Cases Cited
- Digital Sin, Inc. v. Does 1-176, 279 F.R.D. 239 (S.D.N.Y. 2012) (joinder appropriate at initial stage when same seed/file shared in swarm; multiple defenses anticipated)
- Liberty Media Holdings, LLC v. BitTorrent Swarm, 277 F.R.D. 669 (S.D. Fla. 2011) (courts nationally sever defendants in BitTorrent cases for fairness and manageability)