I am happy to share that the first round of Virginia’s Malibu Media, LLC cases have gone down in flames.
As of this afternoon, I noticed that all of the Malibu Media, LLC cases in the Eastern District of Virginia received the same designation at the end of their case names, “-CMH-TRJ,” indicating that Magistrate Judge Thomas Rawles Jones, Jr. has taken over and has consolidated ALL of the Malibu Media, LLC cases in the Eastern District of Virginia. This is very similar to what happened in the Northern District of Florida with Terik Hashmi’s cases (also all dismissed as of today), and then in the Southern District of New York with Mike Meier’s cases.
In short, the best way for a judge to take down these smaller cases is to consolidate them, and then have them all stand or fall together. As of this moment, in VA they are:
Virginia Eastern District Court – David / Wayne O’Bryan of O’Bryan Law Firm
Malibu Media, LLC v. Does (Case no. 1:12-cv-00159-CMH-TRJ)
Malibu Media, LLC v. John Does 1-26 (Case no. 1:12-cv-00160-CMH-TRJ)
Malibu Media, LLC v. John Does 1-26 (Case no. 1:12-cv-00161-CMH-TRJ)
Malibu Media, LLC v. Does (Case no. 1:12-cv-00162-CMH-TRJ)
Malibu Media, LLC v. John Does 1-15 (Case no. 1:12-cv-00163-CMH-TRJ)
Malibu Media, LLC v. Does (Case no. 1:12-cv-00164-CMH-TRJ)
Malibu Media, LLC v. John Does 1-27 (Case no. 1:12-cv-00165-CMH-TRJ)
Malibu Media, LLC v. John Does 1-8 (Case no. 1:12-cv-00166-CMH-TRJ)
Here in short, these cases have fallen. The judge has indicated that all of these cases suffer from improper joinder, and thus ALL Does other than Doe #1 in each case are severed and dismissed from the case. Now there are only eight defendants in Virginia.
Of course, this is terrible news for the eight defendants, and no doubt the plaintiff attorneys will try to scare the b’jeebies out of these defendants, but really, if they are readers of this blog, they should know that the plaintiffs are still probably looking for settlements (although my guess is that they’ll try to punish these eight Doe Defendants, and these eight defendants should make any attempt to settle VERY PUBLIC AND VISIBLE so that the judge sees what they do with them [or, to them]).
On a completely separate note, this is VERY EXCITING news for all of those who have been SEVERED AND DISMISSED from their cases. I have seen some local attorneys jump into the courts naming defendants, but here, Malibu Media’s local attorney Wayne O’Bryan [in my opinion] seems to be a bit on the sluggish side. I would be floored if I started seeing him name anyone. It would simply take too much effort for him, and I’m not sure he’s that hungry to go after everyone as other local counsel would.
So in short, congratulations to the Cashman Law Firm, PLLC clients, and to all those who have been dismissed from the case. The judge’s order can be found below for your viewing enjoyment.