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34 ¦ DECEMBER 7, 2020 CONNECTICUT OPINIONS

administrative exhaustion had been met as to MOTOR VEHICLE TORTS •
these individuals. The court granted the mo-
tion to dismiss one individual, but denied as to CIVIL PROCEDURE

the remaining two. Court Grants Motion to Dismiss for

INTELLECTUAL PROPERTY Failure to Exhaust Administrative
Remedies where United States
Court Grants Default Judgment in Substituted for Tort Defendant
Copyright Infringement via Illegal
Download CASE: Volkmar v. Leach
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:20cv1168
CASE: Malibu Media, LLC v. Mantilla COURT OPINION BY: Shea
COURT: U.S. District Court for Connecticut DATE: November 23, 2020 • PAGES: 4
DOC. NO.: 3:18-cv-01369
COURT OPINION BY: Meyer Plaintiffs allege that their vehicle was rear-
DATE: November 20, 2020 • PAGES: 12 ended by Leach, who was driving a rental ve-
hicle owned by Avis. Plaintiffs brought claims
Plaintiff brought a copyright infringement against Leach in Connecticut Superior Court
claim against defendant, alleging defendant for negligence and loss of consortium, as well
unlawfully downloaded and illegally distribut- as claims against Avis. Leach, a civil servant of
ed their films. The plaintiff presented evidence the United Kingdom Ministry of Defense, was
that an IP address linked to the downloads was substituted in the suit by the United States as
attached to a residence wherein the defendant per directive by NATO, and the United States
was the sole occupant, and moved for default
judgment. The defendant did not appear, and moved to dismiss the tort claims for lack of
plaintiff provided additional supported factual subject matter jurisdiction. The United States
allegations suggesting that defendant was the argued the plaintiffs failed to exhaust their
only person with access to the IP address. The administrative remedies prior to commencing
motion for default judgment was unopposed, their suit. The court noted that plaintiffs had
and the court granted statutory damages and been made aware of the requirement to file an
a permanent injunction. The court declined to administrative claim once Leach was substi-
enjoin any other persons who were “in concert” tuted, and the court offered them an opportu-
with defendant and declined to order defen- nity to file an amended complaint to address
dant to destroy all works beyond the infringing the defects, but the plaintiffs failed to take that
copies and related files. The court also ordered opportunity. As such, the court granted the
reasonable costs of the litigation. United States’ motion to dismiss.

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