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Killer Joe Nevada, LLC v. Does 1-20

United States Court of Appeals, Eighth Circuit

December 4, 2015

Killer Joe Nevada, LLC, Plaintiff - Appellee
v.
Does 1-20, Defendant, Leigh Leaverton, Defendant - Appellant, Nicholas Anderson; Brittany Bolan; Richard Brother; Jason Fills, Defendants; Leigh Leaverton, Counter Claimant - Appellant
v.
Killer Joe Nevada, Counter Defendant - Appellee

Submitted September 21, 2015

Page 909

Appeal from United States District Court. for the Northern District of Iowa - Sioux City.

For Killer Joe Nevada, LLC, Plaintiff - Appellee: Charles Aaron Damschen, Jay Ramon Hamilton, Alexander JSW Johnson, Hamilton IP Law, Davenport, IA; Keith A. Vogt, Oak Park, IL.

For Leigh Leaverton, Defendant - Appellant, Counter Claimant - Appellant: Raymond Johnson, Senior Attorney, Johnson Law Firm, West Des Moines, IA.

For Killer Joe Nevada, LLC, Counter Defendant - Appellee: Charles Aaron Damschen, Jay Ramon Hamilton, Alexander JSW Johnson, Hamilton IP Law, Davenport, IA.

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.

OPINION

Page 910

[116 U.S.P.Q.2d 2012] BENTON, Circuit Judge.

Killer Joe Nevada, LLC sued Leigh Leaverton for infringement under the Copyright Act. Leaverton counterclaimed for a declaratory judgment. Killer Joe Nevada moved to voluntarily dismiss its suit. Leaverton objected unless the district court[1] awarded her attorney's fees. The court dismissed the suit, dismissed the counterclaim as moot, and denied Leaverton's requests for attorney's fees and to make a record. Leaverton appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Killer Joe Nevada owns the copyright to the 2012 motion picture " Killer Joe." Killer Joe Nevada sued several " John Doe" defendants for copyright infringement, alleging each downloaded the film through a BitTorrent computer program.[2] In its

Page 911

complaint, Killer Joe Nevada identified each defendant only by Internet Protocol (IP) address. Killer Joe Nevada subpoenaed the respective Internet service providers (ISPs) to disclose the subscriber at each IP address. After Leaverton was identified, Killer Joe Nevada amended to make her a defendant. Leaverton answered, denied the allegations, and ...


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