Killer Joe Nevada, LLC v. Does 1-100, No. 1:2013cv01517 - Document 5 (N.D. Ga. 2013)

Court Description: ORDER AND OPINION directing the plaintiff to immediately contact the ISPs to rescind and withdraw previously-issued subpoena for each such defendant. Any information that plaintiff may have obtained through these previously-issued subpoenas must be r eturned. Plaintiff shall ensure that this information is communicated to each ISP by June 25, 2013 and shall report back to the Court by July 1, 2013, providing copies of these letters to each ISP, as well as a report as to its compliance with this Order. Signed by Judge Julie E. Carnes on 6/18/13. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(ddm)
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Killer Joe Nevada, LLC v. Does 1-100 Doc. 5 Att. 1 BLAIR B. CHINTELLA 2483 SHOALS TERRACE. DECATUR, GA 30034 PHONE: 404·831·5779 ¢ E·MAIL: May 13,2013 VIA REGULAR MAIL Judge Carnes 2167 Richard B. Russell Federal Building and United States Courthouse 75 Spring Street, SW Atlanta, GA 30303-3309 Re: Killer Joe Nevada, LLC v. Does 1-57; Case No. 1:13-cv-0l527 Dear Your Honor: I was recently contacted by a potential client who received a letter regarding the above case. During the consultation I checked the docket and noticed that the Court entered an order prohibiting discovery except as to John Doe #1. This person is listed as John Doe #25. I have a lot of experience handling these types of cases and unfortunately this happens periodically; attorneys for plaintiffs do not always notify ISPs that pennission to conduct discovery has been withdrawn. In this particular case, I obviously do not know whether this omission was intentional. However, I do know that when this happens in other cases, some John Does - out of panic - will contact the plaintiffs attorney at which point they are "encouraged" to settle. Also, some John Does will likely file pro se motions to quash because they haven't checked the docket, and unfortunately sometimes defense lawyers wanting to make a quick buck will charge a small retainer and/or not check the docket before giving legal advice. This is the first potential client of this sort that has contacted me, but I wouldn't be surprised if there are others, and possibly even settlements that have already been extracted. I noticed that there were multiple cases filed by this particular defendant, and that there are multiple other cases filed by the plaintiffs lawyer on behalf of various other plaintiffs. Please feel free to e-mail or call me if Your Honor has any questions or need any additional infonnation. Sincerely, Blair Chintella Attachment '1