+1 212 318 2000
Europe, Middle East, & Africa
+44 20 7330 7500
+65 6212 1000
A copyright holder's motion for voluntary dismissal of an infringement claim without prejudice was unwarranted in a case in which a defendant would be prejudiced by losing the benefit of previous rulings favorable to him, the U.S. District Court for the Northern District of California ruled April 23 (AF Holdings L.L.C. v. Navasca, N.D. Cal., No. 3:12-cv-02396-EMC, 4/23/13).
Judge Edward M. Chen found that AF Holdings L.L.C., was seeking to dismiss the case so as to avoid an adverse determination on the merits, as well as the adverse effect of other unfavorable, though not necessarily dispositive, rulings.
AF initiated this claim and others against unknown John Doe defendants, and identified the defendant in this case, Joe Navasca, through expedited discovery. Along the way, however, AF encountered rough going in a number of the cases, including skepticism over AF's standing and orders to post bonds. In this case, the court also expressed concern over the plaintiff's claims of evidence spoliation and its ability to prove that Navasca, one of six residents in the household where the IP address in issue was used, was the infringing culprit.
Under Fed. R. Civ. P. 41, a plaintiff can voluntarily dismiss its claim by notice without the court's intervention so long as the defendant has not filed an answer. But since Navasca had filed an answer here, a voluntary dismissal required court approval. The court granted AF's motion to dismiss, but with prejudice.
It was not impressed by AF's argument that it could not afford the bonds. “A plaintiff cannot invoke the benefits of the judicial system without being prepared to satisfy its obligations as a litigant.” The court said its order did not bar Navasca from filing a motion for attorneys' fees.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).