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Voltage Pictures, LLC v. Does

Memorandum in opposition to re MOTION to Quash, 12 MOTION to Quash MOTION to Dismiss

35 Cited authorities

  1. Sony Music Entertainment Inc. v. Does 1-40

    326 F. Supp. 2d 556 (S.D.N.Y. 2004)   Cited 1,409 times   2 Legal Analyses
    Holding that disclosure of alleged copyright infringers by third-party ISPs did not violate the First Amendment

  2. Jazini ex rel. Jazini v. Nissan Motor Co.

    148 F.3d 181 (2d Cir. 1998)   Cited 718 times   2 Legal Analyses
    Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction

  3. Arista Records LLC v. John Does 1-19

    551 F. Supp. 2d 1 (D.D.C. 2008)   Cited 518 times   1 Legal Analyses
    Holding that record companies' need for disclosure from ISP of names, addresses, telephone numbers, email address and Media Access Control addresses of unidentified defendants who had allegedly downloaded and distributed copyrighted recordings outweighed any First Amendment grounds and refusing to quash, on First Amendment grounds, companies' subpoena seeking such information from ISP

  4. PDK Labs, Inc. v. Friedlander

    103 F.3d 1105 (2d Cir. 1997)   Cited 493 times   1 Legal Analyses
    Holding "that Friedlander lacks standing to sue PDK under § 43 of the Lanham Act" because "Friedlander's dogged insistence that PDK's products are sold without proper FDA approval suggests . . . that Friedlander's true goal is to privately enforce alleged violations of the FDCA."

  5. A.I. Trade Finance Inc. v. Petra Bank

    989 F.2d 76 (2d Cir. 1993)   Cited 535 times
    Holding that contract to provide a financial guaranty payable in New York is a contract to perform services in the state within the meaning of CPLR 302 (citing Armada Supply, 858 F.2d at 849)

  6. Guest v. Leis

    255 F.3d 325 (6th Cir. 2001)   Cited 269 times   5 Legal Analyses
    Holding that "computer users do not have a legitimate expectation of privacy in their [bulletin board] subscriber information because they have conveyed it to another person"

  7. Windsor v. Martindale

    175 F.R.D. 665 (D. Colo. 1997)   Cited 181 times
    Holding that despite inmate's pro se and in forma pauperis status, no subpoenas shall issue without proof of the inmate's ability "to pay a witness fee"

  8. Johnson v. Gmeinder

    191 F.R.D. 638 (D. Kan. 2000)   Cited 168 times
    Holding that the absence of waiver is one of the eight essential elements that must be established under Kansas law

  9. London-Sire Records, Inc. v. Doe 1

    542 F. Supp. 2d 153 (D. Mass. 2008)   Cited 103 times
    Holding that the segment of a hard disc on which an electronic music file is encoded is a "phonorecord" under the Copyright Act

  10. Heat & Control, Inc. v. Hester Indus., Inc.

    785 F.2d 1017 (Fed. Cir. 1986)   Cited 172 times   1 Legal Analyses
    Holding that appellate jurisdiction existed with respect to Northern District of West Virginia order granting a motion to quash a non–party subpoena in connection with a main action pending in the Northern District of California

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 363,942 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 116,950 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 101,315 times   694 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 74,308 times   131 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  15. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,660 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  16. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 17,787 times   113 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"

  17. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,677 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"