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Strike 3 Holdings failure to serve leads to OSC then voluntary dismissal

Posted by Steve Vondran | Sep 15, 2021 | 0 Comments

Attorney Steve® Strike 3 Holdings, LLC Updates - Civil Action No. TDC-20-3671 - Case 8:20-cv-03671-TDC Document 15 Filed 08/13/21

Introduction

In a Strike 3 file-sharing case in Maryland, Strike 3 apparently was having a hard time serving the John Doe defendant.  There is only a limited time to serve Defendants.  In this case, the judge Ordered Strike Three to show cause why the case should not be dismissed.  As the Court noted:

"ORDER On December 17, 2020, Plaintiff Strike 3 Holdings, LLC (“Strike 3”) commenced this action against Defendant John Doe. See Compl., ECF No. 1. Pursuant to Federal Rule of Civil Procedure 4(m) and Local Rule 103.8(a), a defendant must be served within 90 days after the Complaint is filed. The Court subsequently granted motions extending that service period to August 6, 2021, and the service period expired on that date.

The Court has no record that the above-captioned defendant has been served.

Accordingly, it is hereby ORDERED that within 14 days of this order Strike 3 must show good cause for its failure to serve Doe. If Strike 3 fails to do so, its Complaint will be dismissed without prejudice, pursuant to Federal Rule of Civil Procedure 4(m) and Local Rule 103.8(a)."

Thereafter, Plaintiff Strike 3 Voluntarily dismiss their complaint without prejudice.

This shows that failure to serve can be one way to avert having to pay hefty settlement damages in a p2p pornography file sharing case.

F.R.C.P. Rule 4m

Here is the rule:

(m) Time Limit for Service.

If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).

Contact a Strike 3 Defense Attorney

We have helped hundreds of California John Doe Defendants settle alleged copyright infringement Torrent lawsuits with Plaintiff Strike 3 Holdings.  Call us for a free consultation at (877) 276-5084 or fill out our contact form for more information.

We have been in business since 2004 and have appeared in over 200 federal court copyright infringement cases.  Unicourt has identified us as the #1 Copyright Infringement Defense Law Firm IN THE UNITED STATES for 2020.  We are well on our way to defending our title!

Check out our past Client Avvo reviews here.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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