Stamatios Stamoulis, Esq., Stamoulis & Weinblatt LLC, Wilmington, DE; and Richard Charles Weinblatt, Esq., Stamoulis & Weinblatt LLC, Wilmington, DE, attorneys for the Plaintiff.
Jayce Ryan Lesniewski, Esq., The Eaby Firm LLC, Dover, DE, attorney for the Defendant John Doe 12.
RICHARD G. ANDREWS, District Judge.
Presently before the Court is the Defendant John Doe 12's Omnibus Motion to Sever the Defendants and/or Quash the Subpoena and/or Issue a Protective Order (D.I. 17) and the parties' associated briefing (D.I. 24, 27). This is a copyright infringement suit brought by the Plaintiff Odin's Eye Entertainment. For the reasons set forth herein, the Defendant's Motion to Sever and Quash is GRANTED.
A. Legal Standard
Federal Rule of Civil Procedure ("FRCP") Rule 20 governs permissive joinder. FED.R.CIV.P. 20. Rule 20(a)(2) permits joinder where the defendants have "any right to relief... asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences" and "any question of law or fact common to all defendants will arise in the action." Id. "For courts applying Rule 20 and related rules, the impulse is toward entertaining the broadest possible scope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged.'" Hagan v. Rogers, 570 F.3d 146, 153 (3d Cir. 2009) (quoting United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 724 (1966)).
The determination of whether there is the "same transaction, occurrence, or series of transactions or occurrences" is accomplished via a "case by case approach...." Mosley v. Gen. Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974) (internal citations omitted). "The Court of Appeals for the Third Circuit... has not specifically interpreted Rule 20(a), but has illuminated the phrase same transaction or occurrence' with regard to Rule 13 compulsory counterclaims.... [T]he court found that to constitute the same transaction or occurrence' there must be a logical relationship." Malibu Media, LLC v. John Does 1-15, 2012 WL 3089383, *3 (E.D. Pa. July 30, 2012).
Even if Rule 20(a)(2) is satisfied, FRCP Rules 20(b),  21,  and 42(b) provide the court with discretion to sever the case. On The Cheap, LLC v. Does 1-5011, 280 F.R.D. 500, 503 (N.D. Cal. 2011). Furthermore, "[s]ince joinder is permissive in character, there is no requirement that the parties must be joined, " especially when joinder would serve to "confuse and complicate the issues... rather than make the resolution of the case more efficient." Id. (internal quotation marks and citations omitted).
1. Rule 20 - "Same transaction or occurrence"
The Defendants' participation in a BitTorrent Protocol swarmis not sufficient, on its own, to satisfy Rule 20(a)'s "same transaction, occurrence, or series of transactions or occurrences." The Plaintiff contends that "should this matter go to trial, Plaintiff will prove that the Defendants' infringement was committed through the same transaction or through a series of transactions with mathematical certainty by demonstrating, inter alia, that the algorithm used by BitTorrent Trackers would have caused the entire series of transactions to be different but for each of the Defendants' infringement." (D.I. 24 at 7-8) (emphasis in original). However, as the Defendant properly notes, there is no allegation present within either the Complaint or the Plaintiff's Brief that alleges that the Defendants acted in concert. (D.I. 17 at 3-4). Furthermore, the Complaint states only that the Plaintiff observed the various Defendants, by Internet Protocol address, infringing, not that the Plaintiff observed the Defendants interact with each other in any way. (D.I. 1 at 3-4). While the Plaintiff states that on "information and belief, each Defendant participated in a swarm... with each other, " (D.I. 1 at 5) the Plaintiff's Exhibit A, shows that at no time did the Plaintiff record any concurrent download or upload between the Defendants. (D.I. 1, Ex A, at 1). Additionally, the Plaintiff does not claim that the same infringing BitTorrent packet was utilized between the Defendants. Thus, the Plaintiff has made no factual allegation or other showing that there was a common transaction or occurrence between defendants.
Furthermore, the Plaintiff has failed to show that there is a series of transactions or occurrences linking the Defendants. Here, as the Plaintiff has made no showing of a link between any of the Defendants, other than that they downloaded the same video, there cannot be the same series of transactions or occurrences. For there to be a series of transactions or occurrences, there should be at least an allegation of a web of direct connections that link John Doe 1 with any and all of the other John Does. No such claim, however, is proffered. In fact, the Plaintiff has not linked a single John Doe to any other John Doe. Therefore, the Court finds that the Plaintiff has not satisfied the requirement of establishing that the Defendants participated in the "same transaction, occurrence, or series of transactions or occurrences" as required by FRCP Rule 20.
The Defendants should have been sued in sixty-six separate cases, with the Plaintiff paying sixty-six filing fees. The Court cannot dismiss the additional defendants, as per FRCP 21. The Court can, however, sever the sixty-five misjoined ...