Case3:10-cv-03647-MEJ Document21 Filed04/05/11 Page1 of 2

1 D. GILL SPERLEIN (172887)

THE LAW OFFICE OF D. GILL SPERLEIN
2
584 Castro Street, Suite 879
3 San Francisco, California 94114
Telephone: (415) 404-6615
4 Facsimile: (415) 404-6616
5 gill@sperleinlaw.com

6 Attorney for Plaintiff

7 IO GROUP, INC.

8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10 SAN FRANCISCO DIVISION
11 )
12 ) CASE NO.: C-10-3647 (MEJ)
)
13 IO GROUP, INC. d/b/a TITAN ) PLAINTIFF IO GROUP, INC.’S MOTION
14 MEDIA, a California corporation, ) TO STRIKE POSSIBLE JOHN DOE’S
) CONSENT TO PROCEED BEFORE
15 Plaintiff, ) MAGISTRATE JUDGE
vs. )
16
)
17 DOES 1-244 individuals, ) No Hearing Date
)
18 Defendants. )
19 ________________________________ )

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21 Previously an anonymous individual filed a Motion to Dismiss this matter without

22 identifying him or herself and without even claiming to be a party to the action (but
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merely calling him or herself a Possible John Doe). Plaintiff moved to strike the filing
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and that motion is pending with the Court. For the reasons set forth fully in its
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26 Opposition and Motion to Strike Anonymously Filed Motion to Dismiss, Plaintiff Io

27 Group, Inc. moves to strike the anonymously filed Consent to Proceed before Magistrate
28
1
Motion to Strike Anonymously Filed
Consent to Proceed before Magistrate Judge
C-10-3647 (MEJ)
 Case3:10-cv-03647-MEJ Document21 Filed04/05/11 Page2 of 2

1 Judge. This individual has not been named in the lawsuit and under the Federal Rules
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may not simply begin filing anonymous documents with the Court.
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In addition to the legal arguments set forth in its earlier motion to strike, Plaintiff
4
5 also points out the practical difficulties presented here. If the Court were to allow this

6 individual to consent to proceed before a magistrate judge, he or she may change her
7
mind if the magistrate judge issues an unfavorable ruling. However, there is no way of
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knowing who this individual is since she or he has not even alleged a correspondence to a
9
10 particularly Doe number. He or she can then appear before the Court again, this time
11 declining to have the magistrate judge hear the motion and in that way try his or her luck
12
with another judicial officer. This is fundamentally unfair to the Plaintiff and
13
14 inconsistent with the Federal Rules of Civil Procedure.

15
16
Respectfully Submitted,
17
18
19 Dated: April 5, 2011 /s/ D. Gill Sperlein

20 D. Gill Sperlein
21 THE LAW OFFICE OF D. GILL SPERLEIN
Attorney for Plaintiff
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2
Motion to Strike Anonymously Filed
Consent to Proceed before Magistrate Judge
C-10-3647 (MEJ)