Opinion

Alexander Stross v. Google, LLC

Court
District Court, C.D. California
Filed
May 4, 2023
Cited by
0 cases
Authority
More cited than 16.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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CV 22-04426-RSWL-KSx

12 ALEXANDER STROSS,

ORDER re:

13 Plaintiff,

Defendant’s Motion to

14 v. Consolidate Cases [27]

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GOOGLE, LLC,

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Defendant.

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Plaintiff Alexander Stross (“Plaintiff”) brings

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this Action against Defendant Google, LLC (“Defendant”)

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alleging contributory copyright infringement. Currently

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before the Court is Defendant’s Motion to Consolidate

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Cases (“Motion”) [27].

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Having reviewed all papers submitted pertaining to

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the Motion, the Court NOW FINDS AND RULES AS FOLLOWS:

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the Court DENIES Defendant’s Motion.

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1 I. BACKGROUND

2 A. Factual Background

3 Plaintiff alleges in his Complaint that:

4 Plaintiff is a professional photographer. Compl. ¶

5 4, ECF No. 1. Plaintiff owns 214 original photographs

6 and videos (“Subject Works”) registered with the U.S.

7 Copyright Office. Id. ¶ 13. Defendant is a limited

8 liability company that runs a successful online

9 multimedia sharing and social media website called

10 “YouTube,” which spreads misinformation and causes

11 rampant copyright infringement. Id. ¶ 8.

12 YouTube users agree to not infringe on “anyone

13 else’s rights” while Defendant maintains the right and

14 ability to remove content which infringes on others’

15 intellectual property. Id. ¶ 9. Defendant has a policy

16 in place for when copyright holders believe that content

17 on YouTube infringes on their copyrights, in which the

18 copyright holders can request that Defendant remove the

19 infringing content from YouTube. Id. ¶¶ 10-11.

20 Defendant can also suspend or terminate users’ access to

21 YouTube if they continue to infringe on others’

22 copyrights. Id. ¶ 12.

23 YouTube users have used and displayed Plaintiff’s

24 Subject Works without Plaintiff’s consent. Id. ¶ 14.

25 On March 20, 2021, Plaintiff requested that Defendant

26 remove the Subject Works from YouTube. Id. ¶ 15. On

27 March 25, 2021, Plaintiff sent another request to

28 Defendant to take down and remove the Subject Works from

1 YouTube. Id. ¶ 17. Defendant never complied with

2 Plaintiff’s requests. Id. ¶¶ 16, 18. Even after

3 multiple requests by Plaintiff, Defendant still failed

4 to terminate the infringing users’ YouTube access and

5 take down the Subject Works from YouTube. Id. ¶¶ 19-25.

6 B. Procedural Background

7 On June 28, 2022, Plaintiff filed his Complaint

8 [1]. On August 30, 2022, Plaintiff filed a Notice of

9 Related Cases designating Alexander Stross v. Sourav

10 Khatua et al., Case No. 2:22-cv-05168-JFW-PVC

11 (the “Khatua Case”) as related to the instant Action

12 [21]. In Alexander Stross v. Sourav Khatua, a set of

13 defendants (the “Khatua Defendants”) allegedly infringed

14 on a few of the Subject Works that are at issue in this

15 Action. On August 31, 2022, the Court declined the

16 requested transfer of Alexander Stross v. Sourav Khatua.

17 On January 10, 2023, Defendant filed the instant

18 Motion [27] to consolidate the Khatua Case with this

19 instant Action. On January 24, 2023, Plaintiff opposed

20 [31]. On January 31, 2023, Defendant replied [33].

21 II. DISCUSSION

22 A. Legal Standard

23 Federal Rule of Civil Procedure (“Rule”) 42(a)

24 permits a court to consolidate actions involving a

25 common question of law or fact if doing so serves the

26 purposes of judicial economy and convenience. “The

27 district court has broad discretion under this rule to

28 consolidate cases pending in the same district.” Inv.

1 Rsch. Co. v. U.S. Dist. Ct. for Cent. Dist. Of Cal., 877

2 F.2d 777 (9th Cir. 1989). In determining whether to

3 consolidate actions, the court weighs the interest of

4 judicial convenience against the potential for delay,

5 confusion, and prejudice caused by consolidation. Sw.

6 Marine, Inc., v. Triple a Mach. Shop, Inc., 720 F. Supp.

7 805, 807 (N.D. Cal. 1989).

8 B. Discussion

9 Defendant seeks to consolidate Alexander Stross v.

10 Sourav Khatua et al., Case No. 2:22-cv-05168-JFW-PVC and

11 this Action (collectively the “Cases”). See generally

12 Def.’s Mot. to Consolidate Cases (“Mot.”), ECF No. 27.

13 Defendant asserts that the two Cases should be

14 consolidated because “the alleged direct infringement by

15 the [Khatua Defendants] in part forms the basis of

16 [Plaintiff’s] contributory infringement claims against

17 [Defendant].” Id. at 2:12-14. However, “[t]he

18 existence of common issues, while a prerequisite to

19 consolidation, does not compel consolidation.” Dodaro

20 v. Standard Pac. Corp., No. EDCV 09-1666-VAP (OPx), 2009

21 U.S. Dist. LEXIS 136377, at *8 (C.D. Cal. Nov. 16,

22 2009). In determining whether to consolidate cases, a

23 court weighs “the saving of time and effort

24 consolidation would produce” against “any inconvenience,

25 delay, or expense that it would cause.” Thomas Inv.

26 Partners, Ltd. v. United States, 444 F. App’x 190, 193

27 (9th Cir. 2011).

28 Defendant’s Motion is DENIED because consolidation

1 would lead to inefficiency and/or inconvenience. See

2 Bear, Ltd. Liab. Co. v. Marine Grp. Boat Works, Ltd.

3 Liab. Co., No. 3:14-cv-2960-BTM-BLM, 2016 U.S. Dist.

4 LEXIS 131759, at *6 (S.D. Cal. Sep. 23, 2016) (“[I]t

5 remains within the Court’s discretion to deny

6 consolidation if it will lead to inefficiency or

7 inconvenience.”). The Khatua Case involves only three

8 alleged direct infringers of the eighty-seven alleged

9 direct infringers in this Action. See Olaplex, LLC v.

10 Groupon, Inc., No. CV 18-8641 PA (RAOx), 2019 U.S. Dist.

11 LEXIS 231553, at *4 (C.D. Cal. Apr. 19, 2019) (denying a

12 motion to consolidate because the two cases “involve[d]

13 distinct and non-overlapping groups of defendants.”).

14 Furthermore, the Khatua Case involves only fifteen of

15 the 214 allegedly infringing photographs in this Action.

16 See Klauber Bros., Inc. v. Forever 21 Retail, Inc., No.

17 CV 14-2148 DMG (JCx), 2015 U.S. Dist. LEXIS 186924, at

18 *5-6 (C.D. Cal. Apr. 9, 2015) (denying a motion to

19 consolidate copyright cases because one of the cases

20 included claims over infringement of copyrighted works

21 that the other two cases did not include).

22 Consolidating cases may create inefficiency when

23 “the two actions [] are at [] different stages of

24 litigation.” Snyder v. Nationstar Mortg. LLC, No. 15-

25 cv-03049-JSC, 2016 U.S. Dist. LEXIS 83962, at *9

26 (N.D. Cal. June 28, 2016). Here, Plaintiff is still

27 trying to serve the Khatua Defendants in the Khatua

28 Case, while in this Action, the Court has already set a

1 Scheduling Order with discovery deadlines and trial

2 dates approaching. See Dean v. S. Cal. Edison, No. ED

3 CV 12-01435-MWF (DTBx), 2013 U.S. Dist. LEXIS 200318, at

4 *6 (C.D. Cal. Dec. 19, 2013) (denying a motion to

5 consolidate because while in one action the parties

6 “began submitting their initial disclosures,” in the

7 other action “the parties [had] not attended a

8 scheduling conference, the court [had] issued no

9 deadlines, and discovery [had] not begun.”).

10 Furthermore, the direct infringement claim in the Khatua

11 Case does not raise the same factual and legal questions

12 as the contributory infringement claim in this Action.

13 See Cleveland v. Ludwig Inst. for Cancer Rsch. Ltd., No.

14 19cv2141 JM(JLB), 2021 U.S. Dist. LEXIS 124445, at *8

15 (S.D. Cal. July 2, 2021) (“[W]hile the two cases have

16 some factual similarities, [the] [p]laintiffs have

17 alleged different causes of action in these cases,

18 thereby presenting the court with different legal

19 questions.”).

20 Therefore, given that the differences between the

21 two Cases will create more confusion and delay rather

22 than save time and effort, the Court DENIES Defendant’s

23 Motion.

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1 III. CONCLUSION

2 Based on the foregoing, the Court DENIES

3 Defendant’s Motion to Consolidate Cases.

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5 IT IS SO ORDERED.

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7 DATED: May 4, 2023 /s/Ronald S.W. Lew

HONORABLE RONALD S.W. LEW

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Senior U.S. District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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