Pursuant to 28 U.S.C. § 636(b), Plaintiff has filed objections to Magistrate Judge Brooks's thorough and well-reasoned Order denying Plaintiff's motion to take early discovery in the above-captioned matter. Upon de novo review of Judge Brooks's Order, Plaintiff's objections, and the recent legal landscape related to BitTorrent cases, the Court OVERRULES Plaintiff's objections. The Court further finds joinder of all Does except for Doe 1 to be improper in this case. Accordingly, the Court severs all Does except Doe 1 and DISMISSES without prejudice Plaintiff's claims against the severed Doe defendants.
Moving now to an issue that Judge Brooks did not have occasion to fully consider, the Court determines whether the Doe defendants have been properly joined under Federal Rule of Civil Procedure 20 and whether severance is proper under Rule 21, which allows the Court to sua sponte sever parties. Courts across the country are split on whether joinder, severance, or both are proper in cases involving BitTorrent technology. See Next Phase Distrib., Inc. v. Does 1-27, 284 F.R.D. 165 (S.D.N.Y. 2012). However, since the order issued in Next Phase Distribution, Inc., on July 31, 2012, district courts have increasingly followed cases in favor of severing Doe defendants. Indeed, judges in this District have recently done the same. See, e.g., Patrick Collins, Inc. v. John Does 1 through 34, No. 12-CV-1474-GPC(BGS), 2013 U.S. Dist. LEXIS 20401 (S.D. Cal. Feb. 13, 2013); Malibu Media, LLC v. John Does 1-8, No. 12-CV-1054-LAB(DHB), 2012 U.S. Dist. LEXIS 168346 (S.D. Cal. Nov. 27, 2012); Patrick Collins, Inc. v. John Does 1 through 9, No. 12-CV-1436-H(MDD), Doc. No. 23 (S.D. Cal. Nov. 8, 2012). In addition to the above-cited cases from this District, the Court finds persuasive the reasoning set forth by the courts in the following cases: R&D Film 1, LLC v. Does 1-23, 2013 U.S. Dist. LEXIS 23805 (D. Colo. Feb. 21, 2013); Malibu Media, LLC v. Does 1, 2, 4-7, 11, 16, 17 & 21, 2013 U.S. Dist. LEXIS 19404 (M.D. Fla. Feb. 13, 2013); Next Phase Distrib., Inc. v. Does 1-27, 284 F.R.D. 165 (S.D.N.Y. 2012). As Judge Burns aptly noted, "[t]he caselaw is full at this point." Malibu Media, LLC, 2012 U.S. Dist. LEXIS 168346 at *1. Thus, "[g]iven the amount of discourse already produced by courts around the country on this issue, the Court finds it unnecessary to write a lengthy opinion about whether joinder [and severance are] appropriate." R&D Film 1, LLC v. Does 1-23, 2013 U.S. Dist. LEXIS 23805, at *8 (D. Colo. Feb. 21, 2013). The Court now joins Judge Huff, Judge Burns, and Judge Curiel of this District and finds all Does except Doe 1 shall be severed.*fn1