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West Bay One, Inc. v. Does 1 - 1,653

Memorandum in opposition to re MOTION to Quash MOTION to Dismiss, 40 MOTION to Dismiss for Lack of Jurisdiction

16 Cited authorities

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

    326 F. Supp. 2d 556 (S.D.N.Y. 2004)   Cited 1,334 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 712 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. PDK Labs, Inc. v. Friedlander

    103 F.3d 1105 (2d Cir. 1997)   Cited 486 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."

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

    989 F.2d 76 (2d Cir. 1993)   Cited 530 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)

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

    542 F. Supp. 2d 153 (D. Mass. 2008)   Cited 97 times
    Holding that the segment of a hard disc on which an electronic music file is encoded is a "phonorecord" under the Copyright Act

  6. Warner Bros. Records Inc. v. Does 1-6

    527 F. Supp. 2d 1 (D.D.C. 2007)   Cited 39 times
    Holding that disclosure of information by Georgetown University in response to plaintiffs' subpoena complied with FERPA

  7. Arista Records LLC v. Does 1-16

    Civ. No. 1:08-CV-765 (GTS/RFT) (N.D.N.Y. Feb. 18, 2009)   Cited 8 times

    Civ. No. 1:08-CV-765 (GTS/RFT). February 18, 2009 LECLAIR, KORONA LAW FIRM Attorneys for Plaintiffs Rochester, New York. RICHARD A. ALTMAN LAW FIRM Attorney for Doe Defendants 3, 7, 11, and 15 New York, New York. OF COUNSEL:, STEVEN E. COLE, ESQ., RICHARD A. ALTMAN, ESQ. MEMORANDUM-DECISION and ORDER RANDOLPH TREECE, Magistrate Judge A federation of recording companies have filed a Complaint alleging that sixteen unidentified Defendants (Does 1-16) committed copyright infringement by illegally downloading

  8. Webster Industries, Inc. v. Northwood Doors, Inc.

    234 F. Supp. 2d 981 (N.D. Iowa 2002)   Cited 10 times
    Finding plaintiff cannot recover under quantum meruit where defendant was not aware of project until it was completed

  9. Zwebner v. John Does Anonymous Foundation, Inc.

    No. CV-00-1322-HU (D. Or. Feb. 28, 2001)

    No. CV-00-1322-HU February 28, 2001 Renee E. Rothauge BULLIVANT HOUSER BAILEY Portland, Oregon Attorney for Plaintiff. George P. Fisher GEORGE P. FISHER, ATTORNEY AT LAW Portland, Oregon Attorney for Defendant John Does Anonymous Foundation, Inc. OPINION ORDER DENNIS JAMES HUBEL, Magistrate Judge: Plaintiff Michael Zwebner brings this tort action against defendants John Does Anonymous Foundation, Inc. (JDAF), and Does 1 through 100. Plaintiff alleges that the JDAF, which operates and maintains an

  10. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 113,740 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,380 times   128 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

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

    Fed. R. Civ. P. 5   Cited 23,068 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  14. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 17,363 times   112 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"

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

    Fed. R. Civ. P. 17   Cited 9,473 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"

  16. Rule 7.1 - Disclosure Statement

    Fed. R. Civ. P. 7.1   Cited 1,145 times   13 Legal Analyses
    Governing corporate disclosure statements