Any experienced BitTorrent litigator will usually tell you that the days of Motions to Quash have passed. In many places, that is still the case. In fact, I recently had a Motion for Reconsideration denied. It only sought to have the Court look at developments in BitTorrent litigation since it instituted a blanket denial on Motions to Quash. The Northern District of Illinois denied my Motion.
That said, there are a smattering of Courts that are granting Motions to Quash. It is always worth determining whether it is an option in your case.
District of Connecticut provides a zinger
The District of Connecticut recently denied a motion to quash. So, why am I writing about it?
This Court is sensitive to the fact that the sheer volume of cases commenced by Strike 3 Holdings, and their brief procedural history – commencement of the action, receipt of permission to serve a third-party subpoena on an ISP provider prior to the 26(f) conference, and voluntary dismissal of the actions weeks or months thereafter – is suggestive of coercive settlement practices that this Court does not condone.
This, emphasis added, portion of an opinion shows that another Court is concerned about Strike 3 Holdings, LLC’s practices. Will Connecticut be another jurisdiction where Motions to Quash are a viable option?