BitTorrent Litigation Essentials - what if I default?
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Here is a case from Eastern District of New York were a defendant was accused of file-sharing 145 Strike Three adult pornography movies through BitTorrent. After the 21 days passed (time to answer a federal court lawsuit), the Plaintiff moved for a default. The Court thereafter awarded $108,750 (which is $750 per movie which represents non-willful infringement). Of course, the Plaintiff then has to go ENFORCE the award and that is usually done by setting a "debtor's examination" and forcing the defaulting defendant to come into court and explain where they work (garnish wages), what they own, where property they own is located etc.
See case citation Strike3 vs. John Doe: 2:18-cv-05305
From the court's docket:
"In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) (Entered: 09/21/2018)"
Contact a BitTorrent Litigation Defense Counsel
We have help many "John Doe defendants" settle their federal litigation cases settle other disputes "out-of-court" with Plaintiff and their counsel (many times Bandlow Law Firm in California). Call us at (877) 276-5084 for a free initial consultation. We offer flat rate legal fees for most cases.