WB Capital LLC v. FUWU YOUXIANGONGSI
| Florida Southern District Court | |
| Judge: | Rodolfo A Ruiz, II |
| Case #: | 1:25-cv-21713 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:0101 Copyright Infringement |
| Case Filed: | Apr 14, 2025 |
| Terminated: | Apr 15, 2025 |
| Last checked: Tuesday Apr 15, 2025 12:27 AM EDT |
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Defendant
SHIJIAZHUANG SHI BONA QICHE FUWU YOUXIANGONGSI
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Plaintiff
WB Capital LLC
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Represented By
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| Docket last updated: 04/16/2025 11:59 PM EDT |
| Tuesday, April 15, 2025 | ||
| 6 | 6
order
Administrative Order
Tue 04/15 7:49 PM
PAPERLESS ORDER to Show Cause. The Complaint, [ECF No. 1], names as Defendant(s) "Shijiazhuang Shi Bona Qiche Fuwu Youxiangongsi and/or John Doe[.]" Compl. at 1. Federal Rule of Civil Procedure 10 provides that the "title of the complaint must name all the parties[.]" Fed. R. Civ. P. 10(a). Further, "[a]s a general matter, fictitious-party pleading is not permitted in federal court." Vielma v. Gruler , 808 F. App'x 872, 880 (11th Cir. 2020) (quoting Richardson v. Johnson , 598 F.3d 734, 738 (11th Cir. 2010)). Although courts may, in certain circumstances, permit a plaintiff to sue a "John Doe" defendant where the plaintiff's description of the defendant is "sufficiently clear to allow service of process," id. (quoting Dean v. Barber , 951 F.2d 1210, 16 (11th Cir. 1992)), a court may not permit a plaintiff to sue a "John Doe" defendant "solely on the ground that discovery might reveal an unnamed defendant's identity." Owens v. Miami-Dade Cnty. , No. 24-CV-24094, 2025 WL 578473, at *4 (S.D. Fla. Feb. 21, 2025) (quoting Vielma , 808 F. App'x at 880-81). Where a plaintiff's description of a fictitious defendant is insufficient to enable service of process, the court may dismiss the fictitious defendant. See Vielma , 808 F. App'x at 880; Moulds v. Bullard , 345 F. App'x 387, 390 (11th Cir. 2009). Here, the Complaint presents two issues. First, the Complaint refers to a single "Defendant," but identifies this Defendant as "Shijiazhuang Shi Bona Qiche Fuwu Youxiangongsi and/or John Doe" which/who "is an individual and/or entity, residing in China." Compl. para. 7. But Shijiazhuang Shi Bona Qiche Fuwu Youxiangongsi and John Doe plainly cannot be the same person or entity because Shijiazhuang Shi Bona Qiche Fuwu Youxiangongsi appears to be a legal entity and John Doe appears to be a fictitiously-named natural person. Thus, this description appears to violate Rule 10 because it is unclear whether Plaintiff intended to name one Defendant or two separate Defendants, and the Court knows of no mechanism that would allow a plaintiff to name defendants in the alternative. Second, if John Doe is a natural person and a separate Defendant from Shijiazhuang Shi Bona Qiche Fuwu Youxiangongsi, the Complaint does not provide any information about John Doe sufficiently clear to identify him for service of process. Therefore, if John Doe is indeed a separate Defendant, he is potentially subject to dismissal. See Vielma , 808 F. App'x at 880; Moulds , 345 F. App'x at 390. Accordingly, to promote judicial economy, Plaintiff shall, on or before May 6, 2025 file an amended complaint clearly identifying the parties to this action and providing sufficient specificity regarding the identity of Defendant(s) to permit service of process. The Clerk's Office is instructed to administratively CLOSE this case pending the filing of an amended complaint. Signed by Judge Rodolfo A. Ruiz, II on 4/15/2025. (jgz) |
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notice
Notice (Other)
Tue 04/15 4:38 PM
NOTICE of filing Civil Cover Sheet by WB Capital LLC re1 Complaint (Palacios, Maria) |
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| 4 | 4
order
Clerk's Notice of Docket Correction - ELECTRONIC CASE
Tue 04/15 8:33 AM
Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (cwc) |
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misc
Form AO 120/121
Tue 04/15 8:33 AM
FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (cwc) |
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Att: 1
Complaint
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| Monday, April 14, 2025 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 04/15 8:20 AM
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (cwc) |
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| 1 | 1
4
pgs
cmp
Complaint
Mon 04/14 9:41 PM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18366621, filed by WB Capital LLC.(Palacios, Maria) |
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