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Civil Procedure Keyed to Cross
DIRECTV v. Loussaert
Facts
Plaintiff, DIRECTV, a California company, transmits scrambled television signals by satellite to its customers. Each of Plaintiff’s customers possesses a satellite receiver with an access card, which unscrambles the channels so that the customer may view the channels he or she paid for. Plaintiff has previously assisted law enforcement raids on mail shipping locations that were dispensing technology that could unscramble and pirate DIRECTV’s services. Plaintiff found evidence, which indicated that Eversoll and six other defendants (collectively known as “Defendants”) had each purchased pirating hardware in the past seven months. Plaintiff brought suit against Defendants, and Eversoll motioned to sever his case from the rest of the defendants on the grounds that each defendant acted independently, at different times, and with his or her own purpose. Thus, Eversoll contends that joined is improper under FRCP 20. Plaintiff contends joinder is proper and the court should allow it to promote judicial efficiency.
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