Mick Haig Prods. E.K. v. Does 1-670

Docket Number: 11-10977
Judge: Smith
Opinion Date: July 12, 2012

Evan Stone, counsel for Plaintiff, appealed sanctions imposed on him. The underlying case involved Plaintiff’s lawsuit alleging copyright infringement against 670 persons who allegedly unlawfully downloaded Plaintiff’s film using an online file-sharing program. After the case had been dismissed, Defendants, through attorneys ad litem, moved for sanctions based on Stone’s misconduct in violating Fed. R. Civ. P. 26 and 45 by issuing subpoenas to Defendants’ ISPs. The district court granted the sanctions motion, finding that Stone had issued subpoenas in violation of court order, thereby grossly abusing his subpoena power. The Does, through the attorneys ad litem, then moved the court to impose further sanctions based on Stone’s failure to comply with the first sanctions order. The court granted the motion for additional sanctions. The Fifth Circuit Court of Appeals affirmed the sanctions imposed by the district court, holding (1) all the issues Stone raised on appeal had been waived; and (2) no miscarriage of justice would result from the sanctions imposed.
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