`
`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FIFTH CIRCUIT
`
`
`No. 15-10946
`Summary Calendar
`
`
`
`United States Court of Appeals
`Fifth Circuit
`
`FILED
`March 3, 2017
`
`Lyle W. Cayce
`Clerk
`
`STEPHEN M. AVDEEF,
`
`
`
`
`
`Plaintiff-Appellant
`
`v.
`
`
`GOOGLE, INCORPORATED, a Delaware corporation,
`
`
`Defendant-Appellee
`
`
`
`Appeal from the United States District Court
`for the Northern District of Texas
`USDC No. 4:14-CV-788
`
`
`Before DAVIS, BENAVIDES, and OWEN, Circuit Judges.
`PER CURIAM:*
`
`Stephen M. Avdeef appeals the summary judgment dismissal of his
`copyright infringement complaint against Google, Inc. While pro se briefs are
`afforded liberal construction, even pro se litigants must brief arguments in
`order to preserve them. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
`Avdeef fails to set forth the substance of his claims in meaningful detail and
`does not address the grounds upon which the district court dismissed his
`
`
`* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
`be published and is not precedent except under the limited circumstances set forth in 5TH
`CIR. R. 47.5.4.
`
`
`
`Case: 15-10946 Document: 00513896444 Page: 2 Date Filed: 03/03/2017
`No. 15-10946
`
`complaint. He does not mention the district court’s finding that Google was
`entitled to protection under the safe harbor provision of the Digital Millennium
`Copyright Act, 17 U.S.C. § 512. By failing to challenge the district court’s
`reasons for granting summary judgment in favor of Google, Avdeef has
`abandoned the claim on appeal. See Brinkmann v. Dallas County Deputy
`Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
`
`In his complaint, Avdeef also named Google’s chief legal officer, David C.
`Drummond, as a defendant. In a final appealable order, the district court
`dismissed Avdeef’s complaint against Drummond for lack of personal
`jurisdiction. See FED. R. CIV. P. 54(b). Because Avdeef failed to file a timely
`notice of appeal as to this order, we lack jurisdiction to consider any claim
`challenging the dismissal of Drummond as a defendant in the instant action.
`See FED. R. APP. P. 4(a)(1); Bowles v. Russell, 551 U.S. 205, 214 (2007).
`
`AFFIRMED IN PART; DISMISSED IN PART FOR LACK OF
`JURISDICTION.
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
