Lets see how the Judge reacts to this motion
http://recordingindustryvspeople.blogspot.com/2005/12/john-doe-brings-motion-in-new-york-to.htmlJohn Doe" Brings Motion in New York to Sever & Dismiss as to Does 2-25 and to Quash Subpoena
Another "John Doe" -- residing in the Midwest but sued in New York City -- has made a motion to quash the subpoena served upon his ISP, in Atlantic Records v. Does 1-25.
In addition, he has moved to dismiss the action as to John Does 2-25 on the ground that they were improperly joined in the case under the Federal Rules of Civil Procedure, and settled caselaw.
On paper his case for dismissl is good but lets see what the industry are going to try to do to fight his motion.. watch this space.