copyrightclerk

On issues of internet copyright law

Bait Productions cases consolidated in M.D. Fla

with 5 comments

I recently wrote about the 25 Bait Productions Pty Ltd. cases going on in the Middle District of Florida. The real news there was Magistrate Judge Baker’s Report and Recommendation to sever the joined defendants.

On 01/02/13, the Plaintiff responded to the Report and Recommendations with an objection.

Additionally, it appears that all of the cases have been consolidated under Judge Virginia M. Hernandez Covington, and will be considered with Bait Productions Pty. Ltd. v. Does 1-36, No. 8:12-cv-2464. Of all 25 cases, it was the first one filed. Interestingly, in that case, discovery hasn’t been granted, though there was a motion for it. In several of the other cases, discovery was granted.

If Judge Hernandez Convington decides to adopt the Report and Recommendation in full, and sever all defendants, it will be a huge hit for Bait Productions, and a win for the defendants. She could also decide to vacate all prior discovery orders, and prevent further settlement attempts.

In the alternative, she could order in favor of the trolls, ignore or strike the Report and Recommendation, and grant discovery in the cases where it hasn’t been.

John Doe defendants should watch closely.

Are there any past rulings by this judge in similar cases?

Written by copyrightclerk

January 7, 2013 at 8:40 pm

5 Responses

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  1. I’ve looked through RFC Express at various times to review FMD cases. FMD is a reasonably easy drive for some high volume trolls. Earlier in 2012, it looks like the FMD trolling cases were referred by District Judges to the Magistrate Judges.

    I am not aware of Hon. Judge Hernandez Covington ruling on trolling cases. The Hon. Judge Hernandez Covington was among the district judges following this pattern. I don’t know of I have no special insight about how the district assignments changed so that the Bait Prod batch and others are no longer being referred to Magistrate Judges in the district.

    75% of ALL FMD copyright cases since May 0f 2012 have been (mostly porn) troll cases. The Hon. Judge Hernandez Covington has also been assigned 3 of 9 Joe Hand, Inc. vs. named businesses/people cases. The Joe Hand cases appear to involve allegations of interception of UFC (Ultimate Fighting) cable/satellite signals. Those cases were filed on 11/27/12. I don’t know how far they’ve gotten.

    2012 trolling cases that Hon. Judge Hernandez Covington referred to FMD magistrate judges are listed below:

    10/29/12
    Dead Season LLC v. Does 1-13
    RFC Case Number: C-D12-2436D
    Court Case Number: 8:12-cv-02436-VMC-EAJ

    8/06/12 Malibu Media, LLC v. John Does 1-27
    RFC Case Number: C-M12-1764J
    Court Case Number: 8:12-cv-01764-VMC-TGW

    8/06/12 Patrick Collins, Inc. v. John Does 1-32
    RFC Case Number: C-P12-1769J
    Court Case Number: 8:12-cv-01769-VMC-TGW

    7/30/12
    Ingenuity13 LLC v. John Doe
    RFC Case Number: C-I12-1689J
    Court Case Number: 8:12-cv-01689-VMC-TBM

    Many thanks CC for your work.

    doecumb

    January 9, 2013 at 7:08 pm

  2. [...] According to @copyrightclerk, “Bait Productions ha[d] 25 active cases in the Middle District of Florida against a total of 1,536 defendants.” Her write up on the consolidation of Bait Productions cases can be found here. [...]

  3. [...] According to @copyrightclerk, “Bait Productions ha[d] 25 active cases in the Middle District of Florida against a total of 1,536 defendants.” Her write up on the consolidation of Bait Productions cases can be found here. [...]

  4. [...] According to @copyrightclerk, “Bait Productions ha[d] 25 active cases in the Middle District of Florida against a total of 1,536 defendants.” Her write up on the consolidation of Bait Productions cases can be found here. [...]

  5. [...] my previous post, I discussed the Bait Productions consolidation in the Middle District of Florida, where 25 cases [...]


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