What is "Early Discovery" in Federal court cases?
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WHAT IS EARLY DISCOVERY IN STRIKE 3 HOLDINGS LAWSUITS?
In this video, Attorney Steve® discusses what the "Rule 26(f) conference" is in federal court and how that usually has to occur (and be approved by the federal district judge) among counsel before formal discovery can begin (such as requests for documents, subpoenas, interrogatories, and depositions).
This video discusses this legal principle in the context of a "Strike 3 Holdings, LLC" file-sharing (copyright infringement lawsuit) for sharing adult porno films on BitTorrent protocol. The video discusses one way around enabling a Plaintiff to seek "early discovery" BEFORE the Rule 26(f) conference. This is supposed to be a "rare" occurrence according to some case law, and in the Northern District Court at least, there is a three-factor test that describes when this unique procedure would be available to a Plaintiff.
The Cobbler Nevada case is also discussed. In that case (which allowed early discovery), a motion to dismiss was successful by a Defendant since the Plaintiff could not allege "something more" than just an internet subscriber - infringement could not be validly alleged.
Hope you enjoy this video!
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