| Court: | cacd |
| Docket #: | 2:12-cv-03615 |
| Case Name: | Malibu Media LLC v. John Does |
| PACER case #: | 530592 |
| Date filed: | 2012-04-26 |
| 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 |
Leemore Kushner |
| John Does Defendant 1 , 2, 4 through 10 |
Morgan E Pietz |
| John Doe #3 Defendant |
John Doe #3 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-26 | 1 | 0 | Complaint - (Discovery) | COMPLAINT against Defendant John Does 1 through 10. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. [Summons not issued on 4/26/2012.] (et) (mg). (Entered: 04/27/2012) | ||
| 2012-04-26 | 2 | 0 | Certificate/Notice of Interested Parties | CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 04/27/2012) | ||
| 2012-04-26 | 3 | 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. (et) (Entered: 04/27/2012) | ||
| 2012-04-26 | 4 | 0 | Notice to Parties of Court-Directed ADR Program (ADR-8) | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/27/2012) | ||
| 2012-05-04 | 5 | 0 | Motion for Leave re Discovery Matter | NOTICE OF MOTION AND 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 6/5/2012 at 02:00 PM before Magistrate Judge Jay C. Gandhi. (Attachments: # 1 Declaration of Tobias Fieser, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Leemore Kushner, # 5 Proposed Order)(Kushner, Leemore) (Entered: 05/04/2012) | ||
| 2012-05-15 | 6 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. It is not necessary to clear motion date with court clerk prior to filing the motion. Court hears motions only on Mondays at 10:00 AM. The Court requires two non-blue backed courtesy copies of only the following manual and electronic filed documents: (1) All noticed motions and related documents; and (2) All ex parte applications and related documents (3) all exhibits and attachments must be separately tabbed. [Refer to the Court's General Order No. 10-07 regarding ECF Courtesy Paper Copies and re location of Chambers Email address]. (lc) (Entered: 05/15/2012) | ||
| 2012-05-16 | 7 | 0 | Order on Motion for Leave re Discovery Matter | MINUTES (IN CHAMBERS)ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO SERVE THIRD-PARTY SUBPOENAS ON DOE DEFENDANTS' INTERNET SERVICE PROVIDERS by Magistrate Judge Jay C. Gandhi: Pending before the Court is plaintiff Malibu Media, LLC's ("Plaintiff") "Notice of Motion and Motion to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference"("Motion"). [See Dkt. No. 5.] The Motion is set for hearing on June 5, 2012 at 2:00 p.m. [Id.] The Motion is suitable for adjudication without oral argument and, accordingly, the hearing date is now VACATED. See Local Rule 7-15. For good cause shown, the Court GRANTS Plaintiff's Motion. (See Order for details) 5 . (bem) (Entered: 05/16/2012) | ||
| 2012-06-22 | 8 | 0 | Motion to Dismiss (cause or other) | MEMORANDUM OF LAW in Support of Defendant John Doe's Motion to Dismiss the Matter, Quash and for a Protective Order filed by Defendant John Doe. (lmh) (Entered: 06/26/2012) | ||
| 2012-06-22 | 9 | 0 | Motion for Order | NOTICE OF MOTION AND MOTION to Dismiss, Sever and for a Protective order and or to Quash Subpoena filed by defendant John Doe #3. Motion set for hearing on 7/23/2012 at 10:00 AM before Judge Dean D. Pregerson. (lc) (Entered: 06/26/2012) | ||
| 2012-06-22 | 10 | 0 | Certificate/Notice of Interested Parties | CERTIFICATE of Interested Parties filed by defendant John Doe #3, (lc) (Entered: 06/26/2012) | ||
| 2012-06-26 | 11 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES (IN CHAMBERS)ORDER STAYING RESPONSE TO PLAINTIFF'S THIRD-PARTY SUBPOENAS TO CHARTER COMMUNICATIONS, ROAD RUNNER, AND VERIZON INTERNET SERVICES by Magistrate Judge Jay C. Gandhi: On June 22, 2012, defendant John Doe #2 anonymously filed a "Motion to... Quash Subpoena" ("Motion"). In light of the Motion and a potential response from the ISPs before the Court's ruling on the Motion the Court ORDERS AS FOLLOWS: (1) The ISPs are not to respond to any subpoenas issued pursuant to the Court's May 16, 2012 Order pending further order of this Court; (2) Plaintiff is to immediately inform the ISPs regarding this Order; and (3) Plaintiff shall file an opposition or statement of non-opposition to the Motion to Quash by July 9, 2012. IT IS SO ORDERED. 8 . (bem) (Entered: 06/26/2012) | 2012-07-03 18:58:09 | bcd1355d403a81978fa7dd2fcf61dfe268d56220 |
| 2012-07-05 | 12 | 0 | Ex Parte Application for Extension of Time to File Document | EXPARTE APPLICATION for Extension of Time to File Motion to quash and sever, EX PARTE APPLICATION for Sanctions Repeated Violations of Notice of Related Cases Rule filed by John Doe No. 10 John Does. (Attachments: # 1 Memorandum in Support of Ex Parte Application, # 2 Memorandum in Support of Sanctions, # 3 Declaration of Morgan E. Pietz re: Abusive Litigation Tactics, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Declaration of Morgan E. Pietz re: Ex Parte, # 10 Exhibit F, # 11 Exhibit G, # 12 Proposed Order re: Ex Parte Application)(Pietz, Morgan) (Entered: 07/05/2012) | ||
| 2012-07-06 | 13 | 0 | Response in Opposition to Motion | OPPOSITION to EXPARTE APPLICATION for Extension of Time to File Motion to quash and sever EX PARTE APPLICATION for Sanctions Repeated Violations of Notice of Related Cases Rule 12 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Declaration of Leemore Kushner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kushner, Leemore) (Entered: 07/06/2012) | ||
| 2012-07-09 | 14 | 0 | Response in Opposition to Motion | OPPOSITION to MOTION to Dismiss MOTION to Quash and for a Protective Order 8 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Declaration of Leemore Kushner, # 2 Exhibit A)(Kushner, Leemore) (Entered: 07/09/2012) | ||
| 2012-07-09 | 15 | 0 | Motion to Sever | NOTICE OF MOTION AND MOTION to Sever all Does other than Doe No. 1 ( Motion set for hearing on 8/13/2012 at 10:00 AM before Judge Dean D. Pregerson.), MOTION to Quash all outstanding subpoenas, MOTION for Reconsideration re Order on Motion for Leave re Discovery Matter,, 7 ( Motion set for hearing on 8/13/2012 at 10:00 AM before Judge Dean D. Pregerson.) filed by John Doe No. 10 John Does. (Attachments: # 1 Memorandum in support of Omnibus Motion that Court Reconsider Order Granting Early Discovery, Sever All John Does, Quash Outstanding Subpoenas and Enter a Protective Order, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order)(Pietz, Morgan) (Entered: 07/09/2012) | ||
| 2012-07-09 | 16 | 0 | Notice (Other) | NOTICE of Errata filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Memorandum in Opposition to Doe 3's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena, # 2 Declaration of Leemore Kushner, # 3 Exhibit A)(Kushner, Leemore) (Entered: 07/09/2012) | ||
| 2012-07-09 | 17 | 0 | Response in Opposition to Motion | OPPOSITION to MOTION to Dismiss MOTION to Quash and for a Protective Order 8 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 07/09/2012) | ||
| 2012-07-10 | 18 | 0 | Transferring Case purs GO 08-05 (Related Case (CV 34) | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-01642 RGK (SSx). Case transferred from Magistrate Judge Jay C. Gandhi and Judge Dean D. Pregerson to Judge R. Gary Klausner and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-03615 RGK(SSx).Signed by Judge R. Gary Klausner (rn) (Entered: 07/10/2012) | ||
| 2012-07-10 | 19 | 0 | Order to Show Cause | ORDER TO SHOW CAUSE by Judge R. Gary Klausner: Response to Order to Show Cause due by 7/23/2012. (rne) (Entered: 07/10/2012) | 2012-07-11 07:25:38 | 94213228bb94958a658db83c14fb6b642e496f26 |
| 2012-07-19 | 20 | 0 | Ex Parte Application to Stay Order (other) | EX PARTE APPLICATION to Stay pending subpoena return dates to permit consideration of noticed motion to quash, sever and for protective order filed by John Doe No. 10 John Does. (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Pietz, Morgan) (Entered: 07/19/2012) | ||
| 2012-07-20 | 21 | 0 | Response in Opposition to Motion | OPPOSITION to EX PARTE APPLICATION to Stay pending subpoena return dates to permit consideration of noticed motion to quash, sever and for protective order 20 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 07/20/2012) | ||
| 2012-07-20 | 22 | 0 | Order on Ex Parte Application to Stay Order (other) | DENIED ORDER by Judge R. Gary Klausner RE: Ex Parte Application 20 , denying as moot. (vdr) (Entered: 07/20/2012) | ||
| 2012-07-20 | 23 | 0 | Motion to Sever | [DOCUMENT IS STRICKEN] NOTICE OF MOTION AND MOTION to Sever all Does other than Doe No. 1 ( Motion set for hearing on 8/20/2012 at 09:00 AM before Judge R. Gary Klausner.), MOTION to Quash outstanding subpoenas filed by John Doe No. 10 John Does. (Attachments: # 1 Memorandum in support of motion to sever Does, quash subpoenas, and enter protective order, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Appendix 1, # 9 Proposed Order)(Pietz, Morgan) Modified on 7/25/2012 (vdr). (Entered: 07/20/2012) | ||
| 2012-07-24 | 24 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE IN CHAMBERS ORDER Request for Further Briefing, Case ManagementOrder, and Motion for Sanction in 2:12-cv-03614 (DE 10) 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 and Defendant 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 ssued,Plaintiff may only proceed with discovery as to the represented Defendants upon further motion to the Court. (shb) (Entered: 07/24/2012) | ||
| 2012-07-25 | 25 | 0 | Striking Electronically Filed Documents (G-106) | ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Sever 23 . (vdr) (Entered: 07/25/2012) | ||
| 2012-07-31 | 26 | 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 19 . (vdr) (Entered: 07/31/2012) | 2012-08-03 10:50:02 | 7346656faa80730af94337df0acc9dbdf787443a |
| 2012-08-15 | 27 | 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) | ||
| 27 | 1 | Proposed Order | ||||
| 2012-09-04 | 28 | 0 | Response in Opposition to Motion | |||
| 2012-09-05 | 29 | 0 | Motion to Sever | |||
| 2012-09-10 | 30 | 0 | Reply (Motion related) | |||
| 2012-09-12 | 31 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | |||
| 2012-10-10 | 32 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | |||
| 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 07:15:02 | f466b2ca7a53de66a8617b8accd81218b2d433f7 |