Holding that Federal Rule of Civil Procedure 11 was not a fee-shifting provision because Rule 11 sanctions were not “tied to the outcome of litigation,” instead turning on whether a “specific filing” was well founded, and shifted the costs of a “discrete” portion of the litigation rather than the litigation as a whole
In Microsoft, we said only that the district court should take into account the risk of unfairness to the opposing party, as well as the "customary and constitutionally-embedded presumption of openness in judicial proceedings."
5:07-CV-298-BR (E.D.N.C. Feb. 27, 2008) Cited 47 times
Ordering the severance of claims against thirty-eight defendants where plaintiff alleged each defendant used the same ISP as well as the same peer-to-peer network to commit the alleged copyright infringement, but there was no assertion that the multiple defendants acted in concert
Rejecting argument that lack of personal jurisdiction subjected Doe defendant to undue burden and stating that when a subpoena is issued to a Doe defendant's ISP, the Doe defendant "faces no obligation to produce any information under the subpoena . . .and cannot claim any hardship, let alone undue hardship"
Fed. R. Civ. P. 45 Cited 16,528 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"