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07-1515 - FONOVISA, INC. et al v. DOES 1-9


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07-1515 - FONOVISA, INC. et al v. DOES 1-9
April 3, 2008
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OPINION and ORDER denying Defendant Doe # 3's 6 Motion to Vacate Order Granting Expedited Discovery; denying 6 Motion to Quash the Subpoena; denying 6 Motion to Dismiss Complaint. IT IS FURTHER ORDERED that Defendant Doe # 3's 6 Motion to Dismiss the Claims against it for Improper Joinder, which the Court has converted to a Motion for Severance, is GRANTED. All claims except those raised by the Plaintiffs against Doe # 3 shall be SEVERED. The Plaintiffs claims against Defendants Does # 1 - 2 and 4 - 9 shall be DISMISSED WITHOUT PREJUDICE effective April 21, 2008. Plaintiffs may initiate eight (8) separate new actions against Defendants Does # 1-2 and 4-9 on or before April 21, 2008. Each new action filed shall include a civil cover sheet, the appropriate filing fee, and a separate complaint for each individual Doe Defendant, and Plaintiffs shall provide notice to this Court if and when the new civil actions are commenced. Under this Districts local rules of civil procedure, the cases against the individual Defendants will not meet the requirements of relatedness. W.D.PA.L R 40.1.D.2. Should Plaintiffs file an appeal to the District Judge on the issue of severance, the dismissal shall be stayed, and should the appeal be denied, Plaintiffs shall have 14 days from the disposition of the appeal to take the action described above. IT IS FURTHER ORDERED that the Courts Order dated February 19, 2008 staying all discovery as to Doe # 3 is hereby lifted effective April 21, 2008. However, should an appeal be filed on or before April 21, 2008, the stay will remain in effect until a decision is issued on the appeal. If the appeal is denied, the stay will be lifted on the date of disposition of the appeal. IT IS FURTHER ORDERED that Plaintiffs shall serve as soon as practicable on the ISP, Carnegie Mellon University, a copy of this Opinion and Order, as well as all future filings dealing with the matters in this Order, including any appeal to the district judge, and file proof of such service with the Court. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/03/2008. (clh)