Dallas Buyers Club, LLC v. Does 1-14., No. 15 C 2924, Slip Op. (N.D. Ill. Apr. 7, 2015) (Shadur, Sen. J.). Judge Shadur sua sponte granted plaintiff Dallas Buyers Club leave to amend its complaint in this Bit Torrent copyright infringement case involving the movie Dallas Buyer’s Club. Citing its prior decision in Zambezia
Sua Sponte
Court Sua Sponte Strikes Portions of Answer
Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows:
- The Court struck denials based upon lack of information and belief. While lacking information and belief acts
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Not Accepting Well-Pled Allegations is “Cardinal Sin” of Affirmative Defenses
Sonic Indus., LLC v. iRobot Corp. No. 13 C 9251, Slip Op. (N.D. Ill. Feb. 28, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte struck portions of defendant iRobot’s answer and affirmative defenses, and allowed other portions to be repled. Of particular note:
- The Court struck iRobot’s noninfringement affirmative defense for committing the “cardinal sin”
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Answers Must Follow “Yellow Brick” Road of Federal Rules
Wastequip Mfg. Co., LLC v. Precision Sewing, Inc., No. 13 C 8726, Slip Op. (N.D. Ill. Feb. 13, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte struck certain paragraphs of defendant’s answer and affirmative defenses for straying from the “yellow brick road” set by the Federal Rules in this patent case.
The Court struck …
Court Orders Briefing Where Complaint Shown No Correction to Chicago
Sonic Indus., LLC v. iRobot Corp., No. 13 C 9251, Slip Op. (N.D. Ill. Jan. 17, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte ordered the parties to explain their positions as to whether venue for this patent case was proper in the N.D. Illinois. Based upon the complaint, plaintiff Sonic was a Delaware …
Fine Levied for Failing to Serve Courtesy Copies
Sonic Industry, LLC v. iRobot Corp., No. 13 C 9251, Slip Op. (N.D. Ill. Jan. 14, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte fined plaintiff Sonic Industry for failure to comply with Local Rule 5.2(f). Several days after filing its complaint, Sonic Industry still had not provided chambers with a courtesy copy of
Briefing Required Where Complaint Does Not Evidence Jurisdiction in the Northern District of Illinois
Paragon Data Sys. Inc. v. Grand Rounds Software, LLC, NO. 14 C 316, Slip Op. (N.D. Ill. Jan. 21, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte ordered the parties to offer their respective positions on whether venue for this patent case was proper in the Northern District of Illinois despite the fact that …
Plaintiff Given an Opportunity to Correct Diversity Jurisdiction Pleading
Alliance for Water Efficiency v. Fryer, No. 14 C 115, Slip Op. (N.D. Ill. Jan. 15, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte ordered plaintiff Alliance for Water Efficiency (“AWE”) to correct two deficiencies in its diversity jurisdiction pleading:
- AWE pled that it was headquartered in Illinois, but did not plead its corporate
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Court Maintains Secrecy of Copyright Doe Defendants Because of “Substantial Possibilit[y]” of Misnaming
Osiris Entertainment, LLC v. Does 1-38, No. 13 C 4901, Slip Op. (N.D. Ill. Aug. 20, 2013) (Tharp, J.).
Judge Tharp granted plaintiff Osiris Entertainment’s Fed. R. Civ. P 26(d) motion to take expedited discovery prior to a Rule 26 conference in order to discover the potential identities of the thirty eight Doe defendants …
BitTorrent Doe Defendants Must be Part of the Same “Swarm” at the Same Time to be Joined in Suit
Zambezia Film Pty, Ltd v. Does, No. 13 C 1323 & 1741, Slip Op. (N.D. Ill. Mar. 20, 2013) (Shadur, Sen. J.).
Judge Shadur sua sponte ordered plaintiff Zambezia Film to identify those Doe defendants that could be properly joined pursuant to Fed. R. Civ. P. 20(a)(2) in this BitTorrent “swarm” copyright case. The …