Time Warner Entertainment Co. v. Doe, 2002 FCT 215, 2002 FCT 216

Date: 20020226

Docket: T-1059-99

Neutral Citation: 2002 FCT 216

Ottawa, Ontario, this 26^th day of February 2002

PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

TIME WARNER ENTERTAINMENT COMPANY, L.P.

Plaintiff

- and -

JANE DOE and OTHERS

Defendants

REASONS FOR ORDER AND ORDER

[1]    Whereas by order dated September 27^th, 2001 an Active List of defendants was established in respect of whom, this action was continued as a specially managed proceeding; and

[2]    Whereas by the terms of the same order, proceedings against any defendants who were not included on the Active List, and against whom the Plaintiff had not filed a Notice of Discontinuance or obtained a final order, were dismissed; and

[3]    Whereas the Plaintiff was required to conclude proceedings against the defendants on the Active List within 120 days of the date of the order of September 27, 2001; and

[4]    Whereas the Plaintiff has obtained judgment against all or substantially all of the defendants on the Active List; and

[5]    Whereas the time for obtaining judgment has elapsed so that the claims against any defendants against whom the Plaintiff has not obtained judgment are dismissed for delay; and

[6]    Whereas as a result of the above, there are no defendants in the within action against whom proceedings are pending;

NOW THEREFORE IT IS HEREBY ORDERED THAT this file shall be closed as there are no defendants against whom proceedings are pending.

        "J.D. Denis Pelletier"         

   Judge