Yes to your question, but does the statue of limitation apply if the case was dismissed with prejudice?
I'm still a bit confused or not really understanding some of the other readings
I have found doing my research.
I'm not saying my attorney is lying or anything, just frustrating too see a statement
in Pacer showing the case has been terminated, dismissed with prejudice and being told
by attorney this case would have never been dismissed with prejudice.
The termination/Dismissed with prejudice was over 2 months ago. Not saying 2 months is very long, just....
It just doesn't make sense to me. I could see if it was Dismissed WITHOUT prejudice. And if it
should have been dismissed WITHOUT prejudice, why was it not entered as such?
I wish there was a more definitve way of finding out.
Are you being sued by Malibu Media, by any chance? Malibu Media has been actively filing copyright infringement suits in Illinois of late.
The plaintiffs in most of the mass-defendant pre-discovery suits will generally voluntarily dismiss their actions once subpoenas have been issued on ISPs and the account information for the John Doe defendants has been disclosed. Individual suits are then filed, this time against now-named defendants. Plaintiffs are allowed to voluntarily dismiss their actions, without order of the court, any time before service by the other party of an answer (see FRCP Rule 41a).
But, an action can also be involuntarily
prejudice, this dismissal coming from the court and not the plaintiff. A suit can be involuntarily dismissed with prejudice on the grounds that the plaintiff has failed to properly effect service of summons on the defendant(s) within the time allowed.
A new action can be filed on this same claim with a voluntary dismissal without prejudice (if not adjudicated on its merit), and with an involuntary dismissal with prejudice** (if service was not properly effected).
In other words, you can still be sued for copyright infringement if the suit is refiled within one year after the dismissal, even if the original statute of limitations has expired.
You should make sure that the individual or entity suing you has standing to sue (has rights in the copyrighted work) and you should make sure the copyrighted work said to be infringed was registered in a timely fashion (making the copyright holder eligible for statutory damages), prior to considering any negotiation.
I hope your attorney is familiar with the history of these mass-defendant copyright infringement suits and has investigated the particular plaintiff in your action. If he is and has, good. I would rely on his advice and direction.
I also believe there might be additional factors to consider that apply in Illinois to dismissals after pre-discovery or discovery, due to the abuse of voluntary
dismissals. Again, I would rely on your attorney.
**note: This is included in the code of civil procedure in some states