Arista Records, LLC v. Doe 3

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that unserved defendants may not properly move for dismissal for failure to state a claim because they are not “parties” under Rule 12(b)(6)
• noting that the complaint must “raise a reasonable expectation that discovery will reveal evidence of illegality”
• stating that factors to be considered when evaluating a motion for expedited discovery are “an appropriate general standard” to apply
• explaining that “pleading facts alleged ‘upon information and belief’” is appropriate when “the facts are peculiarly within the possession and control of the defendant”
• noting that plaintiffs may plead facts alleged upon information and belief “where the belief is based on factual information that makes the inference of culpability plausible”
• noting that unless “the facts are peculiarly within the possession and control of the defendant,” the belief must be “based on factual information that makes the inference of culpability plausible”

Source: CourtListener parenthetical corpus (CC0).