| Court: | cacd |
| Docket #: | 2:12-cv-01642 |
| Case Name: | Malibu Media LLC v. John Does |
| PACER case #: | 525381 |
| Date filed: | 2012-02-27 |
| Date of last filing: | 2012-10-10 |
| Assigned to: | Judge R. Gary Klausner |
| Referred to: | Magistrate Judge Suzanne H. Segal |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media LLC Plaintiff a California corporation |
Adam Michael Silverstein Leemore Kushner |
| John Does Defendant 2-10 |
Morgan E Pietz |
| John Doe 1 Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-02-27 | 1 | 0 | Complaint - (Discovery) | COMPLAINT against Defendant John Does 1-10. Case assigned to Judge R. Gary Klausner for all further proceedings. Discovery referred to Magistrate Judge Suzanne H. Segal.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. [Summons not issued on 2/27/2012.] (et) (mg). (Additional attachment(s) added on 4/17/2012: # 1 Ntc of Asgmt, # 2 Civil Cover Sheet) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 2 | 0 | Certificate/Notice of Interested Parties | NOTICE OF FILING RULE 7.1 DISCLOSURE STATEMENT AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 3 | 0 | Motion for Leave | PLAINTIFF MOTION for Leave to serve third party subpoenas prior to a Rule 26(f) conference and incorporated memorandum of law filed by Plaintiff Malibu Media LLC. Motion set for hearing on 4/2/2012 at 09:00 AM before Judge R. Gary Klausner. Lodged Proposed Order. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 4 | 0 | Declaration (Motion related) | DECLARATION of ADAM M. SILVERSTEIN in Support of MOTION for Leave to take discovery prior to a Rule 26(f) conference 3 filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 5 | 0 | Declaration (Motion related) | DECLARATION of TOBIAS FIESER in Support of MOTION for Leave to serve third party subpoenas prior to a Rule 26(f) conference 3 filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 6 | 0 | Notice To Counsel Re: Copyright/Patent/Trademark (CV-31) | NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (Attachments: # 1 Form AO-120) (et) (Entered: 02/28/2012) | ||
| 6 | 1 | Form AO-120 | ||||
| 2012-02-29 | 7 | 0 | Order | STANDING ORDER by Judge R. Gary Klausner. (rne) (Entered: 02/29/2012) | ||
| 2012-03-02 | 8 | 0 | E-mail/Telephone Notification Re Local Rule 3-2 | CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 3/2/12 addressed to adam@cavalluzzi.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for further proceedings. (mg) (Entered: 03/02/2012) | ||
| 2012-03-08 | 9 | 0 | Minutes of In Chambers Order/Directive - Local Rule 3-2 compliance | MINUTES (IN CHAMBER) OF ORDER TO COMPLY WITH LOCAL RULE 3-2 held before Judge Audrey B. Collins: PLAINTIFF is reminded that all manually filed civil initiating documents shall be e-mailed to the Court within 24 hours of their filing with the Court in PDF format only. PLAINTIFF is hereby ordered to e-mail PDF copies of the COMPLAINT, NOTICE OF ASSIGNMENT, SUMMONS, CIVIL COVER SHEET; NOTICE OF FILING 7.1 DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES; MOTION FOR LEAVE; DECLARATION OF ADAM M. SILVERSTEIN; AND DECLARATION OF TOBIAS FIESER to the Civil Intake e-mail address for the appropriate Court Division within 24 hours of the issuance of this order. Failure to do so will result in a hearing before this Court and imposition of sanctions pursuant to Local Rule 83-7(a). (mg) (Entered: 03/08/2012) | ||
| 2012-03-08 | 10 | 0 | Report on Filing of Copyright Action (Initial Notification) | REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Malibu Media LLC. (Attachments: # 1 Exhibit)(Cavalluzzi, Maria) (Entered: 03/08/2012) | ||
| 2012-03-28 | 11 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: MOTION for Leave to serve third party subpoenas prior to a Rule 26(f) conference and incorporated memorandum of law MOTION for Leave to serve third party subpoenas prior to a Rule 26(f) conference and incorporated memorandum of law 3 . The above-referenced motion, noticed for hearing on April 2, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) (Entered: 03/28/2012) | ||
| 2012-04-02 | 12 | 0 | Order on Motion for Leave | MINUTES (IN CHAMBERS) Order Re: Motion for Leave to Serve Third Party Subpoenas (DE 3) by Judge R. Gary Klausner: After reviewing Plaintiff's Motion and the Declaration of Tobias Fieser, the Court finds that Plaintiff has demonstrated "good cause." This finding is based on: (1) the allegations of copyright infringement contained in Plaintiffs Complaint; (2) the fact that, without such discovery, Plaintiff cannot identify the Defendants; (3) the risk that Verizon will delete or destroy records containing Defendants' identifying information; (4) the narrowly tailored discovery request, which seeks the minimum information required to advance this lawsuit without prejudicing the Defendants; and (5) the Court's finding that pre-conference discovery will allow Plaintiff to advance the asserted claims. In light of the foregoing, the Court GRANTS Plaintiff's Motion 3 . (See attached Minute Order for further details). (jp) (Entered: 04/02/2012) | ||
| 2012-04-17 | 13 | 0 | PDF Document(s) Received Re Local Rule 3-2 | PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 4/17/12: initiating documents. (mg) (Entered: 04/17/2012) | ||
| 2012-04-17 | 14 | 0 | PDF Document(s) Attached Re Local Rule 3-2 | PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 4/17/12: initiating documents. (mg) (Entered: 04/17/2012) | ||
| 2012-05-31 | 15 | 0 | Motion to Dismiss Case | [STRICKEN BY THE COURT] NOTICE OF MOTION AND MOTION to Dismiss/Sever and and for a protective order, and/or to Quash subpoena filed by Defendant John Doe 1. Motion set for hearing on 8/27/2012 at 09:00 AM before Judge R. Gary Klausner. Lodged proposed order. (shb) Modified on 6/4/2012 (shb). Modified on 6/4/2012 (sw). (Entered: 06/04/2012) | 2012-07-03 18:46:13 | bf05f4120e2ede3f4d698ac0a38d13dfe7af01e8 |
| 2012-05-31 | 16 | 0 | Declaration (Motion related) | DECLARATION of John Doe 1 in support of NOTICE OF MOTION AND MOTION to Dismiss/Sever and and for a protective order, and/or to Quash subpoena 15 filed by Defendant John Doe 1. (shb) (Entered: 06/04/2012) | ||
| 2012-05-31 | 17 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss/Sever and and for a protective order, and/or to Quash subpoena 15 filed by Defendant John Doe 1. (shb) (Entered: 06/04/2012) | ||
| 2012-05-31 | 18 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Defendant John Doe 1, re Declaration (Motion related) 16 , MOTION to Dismiss/Sever and for a Protective Order and/or to Quash subpoena 15 , Memorandum in Support of Motion 17 served on 5/31/2012. (shb) (Entered: 06/04/2012) | ||
| 2012-07-09 | 19 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE IN CHAMBERS ORDER TO SHOW CAUSE by Judge R. Gary Klausner: Plaintiff is hereby ordered to show cause in writing of no more than five pages by Monday July 23, 2012 as to why this case should not be dismissed for lack of personal jurisdiction over the John Doe Defendants. (shb) (Entered: 07/09/2012) | ||
| 2012-07-09 | 20 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE IN CHAMBERS ORDER TI SHOW CAUSE RE PERSONAL JURISDICTION by Judge R. Gary Klausner: re: Order on Motion for Leave, 12 . The Court hereby retracts the Order issued on April 2, 2012 at docket entry 12. The Order was issued in error (shb) (Entered: 07/09/2012) | ||
| 2012-07-10 | 21 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE IN CHAMBERS Case Management Order by Judge R. Gary Klausner: In light of the recent transfer of the above titled cases to this Court, the Court makes the following Case Management Order. Any order allowing for the issuance of a Rule 45 subpoena prior to a Rule 26(f) scheduling conference is hereby vacated until the Court addresses jurisdictional concerns associated with these cases. Further all hearing dates issued by other Courts are also vacated. All pending motions and ex parte applications are moot. Further, the parties are hereby ordered to show cause in writing of no more than five pages by Monday July 23, 2012 as to why these cases should not be dismissed for lack of personal jurisdiction over the John Doe Defendants. Plaintiff need only file a single response in case 2:12-cv-01642 unless it believes that there are separate arguments and evidence relevant for individual cases. (shb) (Entered: 07/10/2012) | ||
| 2012-07-10 | 22 | 0 | Request for Consideration | REQUEST for Consideration of Request for clarification re: Court's July 10 2012 scheduling order filed by Multiple John Does John Does. (Pietz, Morgan) (Entered: 07/10/2012) | 2012-07-13 16:19:59 | e5b8871a301a67b9971f2241fe5af27b039125ad |
| 2012-07-23 | 23 | 0 | Notice of Appearance | NOTICE of Appearance filed by attorney Leemore Kushner on behalf of Plaintiff Malibu Media LLC (Kushner, Leemore) (Entered: 07/23/2012) | ||
| 2012-07-23 | 24 | 0 | Response (non-motion) | RESPONSE filed by Plaintiff Malibu Media LLCto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,, 19 re Personal Jurisdiction (Attachments: # 1 Declaration of Emilie Kennedy)(Kushner, Leemore) (Entered: 07/23/2012) | 2012-07-24 10:51:36 | 37a111bf78dd467a71707b6eac4623ea442a0dd1 |
| 24 | 1 | Declaration of Emilie Kennedy | ||||
| 2012-07-24 | 25 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: There are two categories of Defendants in these related cases: Defendants who are currently unrepresented and Defendants who are represented by The Pietz Law Firm. The Court will discuss the pending issues as to each group of Defendants separately. First, as to the unrepresented Defendants, the Court requests further briefing from thePlaintiff as to the issue of personal jurisdiction. Plaintiff responded to the Courts Order toShow Cause by submitting information about the accuracy of its IP address tracking in other federal cases. However, this data is unreliable as Plaintiff has not presented the Court with information about how it selected the defendants in those cases or the methods it used to track their location. Further, the success of Plaintiffs methods in other cases is not necessarilyindicative of the likelihood that this Court has personal jurisdiction over of the present unrepresented Defendants. Plaintiff is to submit further briefing, of no more than ten pages by Friday, July 27, 2012 addressing the geo locating tools or other relevant technology it has used in the present cases to identify the location of the IP addresses belonging to the unrepresented Defendants and the accuracy and reliability of such technology. The Court will not take further steps as to these unrepresented Defendants until it has resolved the issue of personal jurisdiction. Second, as to the represented Defendants, these Defendants have waived any objections to personal jurisdiction. (See Brief re: Jurisdiction and Sanctions for Related Case Rule Violations, 1: 6-10.) Further, John Doe Number 5 in 2:12-cv-03614 requests that the Court consider its previously filed Motion for Sanctions. Plaintiff has opposed that Motion andDefendant makes reply arguments in its response to the Order to Show Cause. Therefore, that Motion is deemed submitted. Upon full consideration of the arguments and evidence submitted in that case, the Court finds insufficient good cause to impose sanctions and hereby denies the Motion for Sanctions at Docket Entry 10 in 2:12-cv-03614. Because this Courts July 10, 2012 Case Management Order vacated any subpoenas that had previously been issued,Plaintiff may only proceed with discovery as to the represented Defendants upon further motion to the Court. (shb) (Entered: 07/24/2012) | 2012-07-26 12:34:20 | a85a7aeb067343d7f649ab5f78c74dcafd26aca1 |
| 2012-07-27 | 26 | 0 | Response (non-motion) | RESPONSE filed by Plaintiff Malibu Media LLCto Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,,, 25 (Attachments: # 1 Declaration of Emilie Kennedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kushner, Leemore) (Entered: 07/27/2012) | 2012-07-28 19:21:17 | 4c0bffc2db6e3228495d12cb55e80bf5b63a8ba0 |
| 26 | 1 | Declaration of Emilie Kennedy | 2012-07-30 15:14:28 | 74b267b4fc763f13bc222f0083f61877107ba9e0 | ||
| 26 | 2 | Exhibit A | 2012-07-30 15:14:41 | 284daa139150bf57538fd5848915f2f00985d73c | ||
| 26 | 3 | Exhibit B | 2012-07-30 15:14:45 | 2484fdfdf174301117dcd80ca427bdec7db1c4d8 | ||
| 26 | 4 | Exhibit C | 2012-07-30 15:16:12 | 327e1e7566141050b6d8cc89d96f10e3eb511c4a | ||
| 2012-07-31 | 27 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Discharging Court's 7/10/2012 Order to Show Cause 21 . (vdr) (Entered: 07/31/2012) | 2012-08-02 18:18:17 | 9b12d71ca5bc203522918068e98bdaea96f7a0e0 |
| 2012-08-15 | 28 | 0 | Motion for Leave | NOTICE OF MOTION AND Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 9/17/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Kushner, Leemore) (Entered: 08/15/2012) | ||
| 28 | 1 | Proposed Order | ||||
| 2012-08-16 | 29 | 0 | Response (non-motion) | RESPONSE filed by Defendant John Does Response by John Doe No. 7 in 12-cv-5268 re Plaintiff's Notice of Related Cases (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A, # 3 Exhibit B, # 4 Supplement Copy of the Notice of Related Cases Filed by Plaintiffs Counsel in Patrick Collins Cases)(Pietz, Morgan) (Entered: 08/16/2012) | ||
| 29 | 1 | Declaration of Morgan E. Pietz | ||||
| 29 | 2 | Exhibit A | ||||
| 29 | 3 | Exhibit B | ||||
| 29 | 4 | Supplement Copy of the Notice of Related Cases Filed by Plaintiffs Counsel in Pa | ||||
| 2012-09-12 | 30 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re Plaintiff's Second Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference 28 . The above-referenced motion, noticed for hearing on September 17, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) (Entered: 09/13/2012) | 2012-09-21 11:20:14 | 242655773af718742e736ee1a5919aa4eeec9119 |
| 2012-09-12 | 31 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 28 . (rne) (Entered: 09/13/2012) | ||
| 2012-10-10 | 32 | 0 | Order on Motion for Leave | |||
| 2013-01-18 | 33 | 0 | ORDER TO SHOW CAUSE as to Why Remaining Defendants Should Not be Dismissed Pursuant to Rule 4(m) by Judge R. Gary Klausner. Response to Order to Show Cause due by 1/24/2013. (rne) | 2013-01-18 07:14:21 | 2ece258347d60f608a0d5c77823d24baa106ebd6 |