The Electronic Frontier Foundation represented the defendants in the case and asked the court to disallow subpoenas seeking the identities of the accused Does.
Mick Haig Productions attorney Evan Stone told XBIZ that the judge chose the EFF attorneys to oppose his discovery motion.
"It was totally unprecedented for a judge to appoint the EFF to defend the Does," Stone told XBIZ.
"That was just shocking. That made our data 10 months old and it wasn't worth the trouble."
Referring to the Electronic Frontier Foundation attorneys, Mick Haig Productions said in its notice of dismissal, “Rather than choosing competent local counsel experienced in intellectual property law, the court appointed a trio of attorneys renowned for defending Internet piracy and renowned for their general disregard for intellectual property law.”
“Instead of instructing these attorneys to engage plaintiff’s counsel in a discovery conference which would allow the case to move forward, the court ordered attorneys for the defense to respond to plaintiff’s case motion, for which the court has yet to make a ruling.”
Mick Haig Productions said in the filing that because there was no discovery, “plaintiff has no means whatsoever to seek redress for the substantial harm it has suffered” due to defendants’ acts of copyright infringement.