Malibu Media, LLC v. John Does 1-5, No. 1:2012cv02951 - Document 18 (S.D.N.Y. 2013)

Court Description: OPINION re: 8 MOTION to Dismiss filed by John Does 4. John Doe 4 moved on July 2, 2012 to proceed anonymously, dismiss this case for improper joinder of defendants, and for a protective order preventing Internet Service Providers from disclosing hi s identity to Malibu Media. This court concludes that John Doe 4 should be allowed to litigate anonymously given the significant risk that owners of IP addresses are not the copyright infringers, and that the material involved is "MaryJane Youn g Love." John Doe 4's motion to dismiss for improper joinder is denied as moot because all other defendants in this case have been dismissed. Finally, John Doe 4's motion for a protective order to prevent Internet Service Providers fr om providing Malibu Media with identifying information associated with his IP address is denied. In this case, the information sought, John Doe's identity, is clearly relevant to the case. It is also necessary because it is Malibu Media's only available means of identifying John Doe 4 and thus serving the complaint on him. By contrast, John Doe 4's justification for a protective order is insufficient. He makes an unsubstantiated allegation that Malibu Media is engaging in a pred atory scheme, and argues that there is no basis for assuming that the owner of the IP address was the individual who committed the violation. These allegations are insufficient to prevent the plaintiffs from obtaining the information needed to proceed with the case. See Id. at 191. John Doe 4 however is free to raise these allegations as a basis for his defense later on in the litigation. (Signed by Judge Thomas P. Griesa on 2/25/2013) (mro)