Friday, August 3, 2012

Anatomy of a Winning Motion to Quash

Emphasis on the word "winning." There are quite a few sites out there that offer you a sample motion to quash, but what good is it if it doesn't win. In other words, why file anything if it doesn't have a good chance at winning.
I mentioned before that I've started a survey of copyright cases where motions to quash have been filed, and I'm looking at which ones win and which ones lose. Below is a sample of one that won.
But before you go off and try to just copy it and use it for yourself, let me point out a couple things. This motion was filed in Celestial, Inc. v. Does 1 – 252; Case No. 2:12-CV-00082 (FLMD). There were a large number of motions to quash, dismiss, and/or sever filed. The order disposing of those motions only granted the motions to quash, and only then on the basis that the Court lacked personal jurisdiction over those Does who made a showing that they didn't live in Florida. The Court did not grant any of the motions to sever or dismiss.
So without further ado, here is the motion (followed by the Order granting the motion to quash portion):