Suit Against Unidentified Defendants Was "Problematic" With Potential for "Abuse"

CP Prods., Inc. v. Does 1-300, No. 10 C 6255, Slip Op. (N.D. Ill. Feb. 7, 2011) (Shadur, Sen. J.). Judge Shadur dismissed this case without prejudice as to all defendants based upon plaintiff's failure to serve any of the 300 Doe defendants within the required 120 days pursuant to Fed. R. Civ. P. 4(m). The Court also noted that it would be an "understatement" to call plaintiff's copyright infringement claims against 300 unidentified defendants " problematic." The Court raised a concern that plaintiff's use of a lawsuit to identify defendants "plainly has the potential to perpetrate the type of abuse" identified in various third party motions to quash.

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