Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

DIRECTV, INC. v. WESTERHEIDE

United States District Court, N.D. Illinois


February 4, 2004.

Directv, Inc.,
v.
Westerheide

The opinion of the court was delivered by: JAMES ZAGEL, District Judge

In May of 2003, Directv, Inc. ("Directv") filed lawsuits against thousands of individuals nationwide based on their alleged purchasing of electronic equipment over the Internet for the purpose of illegally intercepting and decoding Directv's satellite signal. Directv has filed over seventy such complaints in the Northern District and has joined on average six defendants per complaint.

In this suit, Directv has joined seven defendants including Tom Frey who now moves, pursuant to Fed.R.Civ.Pro. 20 and 21, to dismiss or to sever the claims against him. For joinder to be proper here, the claims against each defendant must arise out of the same transaction or series of transactions. Directv has alleged only that the defendants purchased electronic equipment from individual distributors who had each received their equipment from a common warehouse in California. Directv has not indicated how this common origin is relevant to the defendants' alleged misappropriation of its satellite signals. This is insufficient to establish a common series of transactions. Defendants in this case, including Frey, have been misjoined.

Under Rule 21, the proper remedy is to sever cases that have been misjoined and proceed with them separately. Elmore v. Henderson, 227 F.3d 1009 (7th Cir. 2000). Therefore, I order these cases to be severed and to proceed against each individual defendant. I also order Directv to pay filing fees for each suit except for that of the named defendant, which I assume has already been paid.

  Defendant Frey's Motion to Sever and proceed in a separate suit is GRANTED.

20040204

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.