WB Capital LLC v. FUWU YOUXIANGONGSI et al
| WB Capital LLC |
| SHIJIAZHUANG SHI BONA QICHE FUWU YOUXIANGONGSI and JOHN DOE |
| 1:2025cv21713 |
| April 14, 2025 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Copyright |
| 17 U.S.C. ยง 0101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2025. A more recent docket listing may be available from PACER.
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| Filing 14 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE. (Attachments: #1 Order at DE#13) (scn) |
Filing 13
ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Rodolfo A. Ruiz, II on 7/17/2025. See attached document for full details. (jgz)
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Filing 12
ORDER TO SHOW CAUSE. Show Cause Response due by 7/16/2025. Signed by Judge Rodolfo A. Ruiz, II on 7/15/2025. See attached document for full details. (jgz)
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Filing 11
ORDER TO PERFECT SERVICE. Signed by Judge Rodolfo A. Ruiz, II on 5/28/2025. See attached document for full details. (jgz)
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| Filing 10 AMENDED COMPLAINT against SHIJIAZHUANG SHI BONA QICHE FUWU YOUXIANGONGSI, filed by WB Capital LLC.(Palacios, Maria) |
| Filing 9 NOTICE of Striking #7 Amended Complaint/Amended Notice of Removal filed by WB Capital LLC by WB Capital LLC (Palacios, Maria) |
| Filing 8 Clerk's Notice to Filer re #7 Amended Complaint/Amended Notice of Removal. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (drz) |
| Filing 7 Stricken per DE #9 - AMENDED COMPLAINT against SHIJIAZHUANG SHI BONA QICHE FUWU YOUXIANGONGSI, filed by WB Capital LLC.(Palacios, Maria) Modified text on 5/6/2025 (drz). |
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Filing 6
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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| Filing 5 NOTICE of filing Civil Cover Sheet by WB Capital LLC re #1 Complaint (Palacios, Maria) |
| Filing 4 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) |
| Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Complaint) (cwc) |
| Filing 2 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) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18366621, filed by WB Capital LLC.(Palacios, Maria) |
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