Case details

Court: casd
Docket #: 3:12-cv-00362
Case Name: Malibu Media, LLC v. John Does 1-25
PACER case #: 376118
Date filed: 2012-02-09
Date of last filing: 2012-02-10
Assigned to: Judge Larry Alan Burns
Referred to: Magistrate Judge David H. Bartick
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media, LLC
Plaintiff
a California corporation
Adam M. Silverstein
Cavalluzzi & Cavalluzzi 9200 Sunset Boulevard Suite 807 Los Angeles, CA 90069 (310) 246-2601 Fax: (310) 246-2606 Email: adam@cavalluzzi.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leemore L Kushner
Kushner Law Group 801 North Citrus Avenue Los Angeles, CA 90038 (323) 515-7894 Fax: 323-544-8170 Email: lkushner@kushnerlawgroup.com
ATTORNEY TO BE NOTICED

John Does 1-25
Defendant
Morgan E. Pietz
The Pietz Law Firm 3770 Highland Avenue Suite 206 Manhattan Beach, CA 90266 (310) 424-5557 Fax: (310) 546-5301 Email: mpietz@pietzlawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe#17
Defendant
Richard Leo Fahey
Lieb and Lieb 4950 Waring Road Suite 11 San Diego, CA 92120-2731 (619)265-1811 Fax: (619)265-2934 Email: richard@lieblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John DOE # 24
Defendant
Malte L. L. Farnaes
Law Office of Malte L. L. Farnaes, APC 135 Liverpool Drive Suite C Cardiff, CA 92007 (760) 942-9431 Fax: 760-452-4421 Email: malte@farnaeslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-02-09 1 0 Complaint COMPLAINT with Jury Demand against John Does 1-25 (Filing fee $350 receipt number 0974-4433409), filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Copyright Letter)The new case number is 3:12-cv-362-LAB-POR. Judge Larry Alan Burns and Magistrate Judge Louisa S Porter are assigned to the case. (Silverstein, Adam)(rlu) (cap). (Entered: 02/10/2012) 2012-02-15 18:41:38 437e00ec7f867c9b96768f8eb66a024522bf9ca7
1 1 Exhibit A 2012-02-15 18:43:20 5f994faffef78b6c05f518abea0c9898f91055d8
1 2 Exhibit B 2012-02-15 18:44:42 d6a65ae2a90b441869a9139aed902bd945bec28c
1 3 Exhibit C 2012-02-15 18:44:17 13d8bea108951e9d5fa7c7a1025a564e56aaa753
1 4 Exhibit D 2012-02-15 18:45:27 b8a27d8aeac46bf35248e880e5a8d8a749aaa320
1 5 Copyright Letter 2012-02-15 18:40:41 23e83745cf6333f1ac6c50e8d0fd415adcaeefe1
2012-02-10 2 0 Summons Issued Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rlu) (cap). (Entered: 02/10/2012) 2012-02-22 22:49:15 6f46ce6fbdc0f435923b4ea547e0896165fc9b83
2012-02-17 3 0 MOTION for Leave to File service third party subpoenas prior to a rule 26(f) conference by Malibu Media, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Silverstein, Adam) (kaj). (Entered: 02/17/2012) 2012-02-22 22:51:35 7d208a75c2c7bd3a20180529e76a246386b8d672
3 1 Exhibit
3 2 Exhibit
3 3 Exhibit
3 4 Exhibit
3 5 Exhibit
2012-02-21 4 0 Amended MOTION for Leave to File serve third party subpoenas prior to a rule 26(f) conference and incorporated memeorandum of law by Malibu Media, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Silverstein, Adam) (kaj). (Entered: 02/21/2012)
2012-02-24 5 0 ORDER granting 4 Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference. Signed by Magistrate Judge Louisa S Porter on 2/24/12. (kaj) (jcj). (Entered: 02/24/2012)
2012-04-05 6 0 TRANSFER ORDER: Judge Louisa S. Porter is no longer assigned to the case and Judge David H. Bartick is now assigned for all further proceedings. All pending dates currently scheduled before Magistrate Judge Louisa S. Porter are to be rescheduled to the calendar of Judge David H. Bartick as previously set. Any dates set before any district judge remain unchanged. The new case number is 12cv362 LAB(DHB). Signed by Judge Barry Ted Moskowitz on 4/4/12.(lmt) (Entered: 04/05/2012) 2012-04-16 14:52:01 79ab427e9cedca05dc5fb09c0873fd868e13a616
2012-04-16 7 0 MOTION to Quash Third Party Subpoena & Sever Does & Vacate Order of February 24, 2012 by John Doe#17. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Fahey, Richard) (kaj). (Entered: 04/16/2012)
7 1 Memo of Points and Authorities
7 2 Proof of Service
2012-04-23 8 0 ORDER OF REFERENCE. The MOTION to Quash Third Party Subpoena 7 is referred to Magistrate Judge David Bartick. Defendant's motion asks, in the alternative, that all John Doe defendants be severed in this case and that the Court vacate Judge Porter's February 24 order in its entirety. The undersigned judge will consider those requests, if necessary, after Judge Bartick has ruled on Defendant's motion to quash. Signed by Judge Larry Alan Burns on 4/20/12. (kaj) (Entered: 04/23/2012) 2012-04-24 11:30:25 d3a18c0545ecc1d595627939613d9ddbc96518ca
2012-04-23 9 0 Notice of Document Discrepancies by Chambers of Judge Larry Alan Burns Rejecting Document: Motion to Sever and Dismiss Doe Defendant #24 from John Doe #24. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Must contact chambers of Magistrate Judge to obtain hearing date for Motion to Quash. Must contact chambers of District Judge to obtain hearing date for motion to sever. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.(kaj) (Entered: 04/23/2012)
2012-04-25 10 0 ORDER Vacating May 21, 2012 Hearing and Setting Briefing Schedule as to 7 MOTION to Quash Third Party Subpoena & Sever Does & Vacate Order of February 24, 2012. Response due on or before 5/8/2012, Reply due on or before 5/15/2012. Motion Hearing set for 5/22/2012 03:30 PM before Magistrate Judge David H. Bartick. Without further court order, no appearances are required at that hearing. Defendant's motion shall be deemed submitted on the papers at that time. Signed by Magistrate Judge David H. Bartick on 4/24/12.(kaj) (Entered: 04/25/2012)
2012-04-26 11 0 Notice of Document Discrepancies by Chambers of Judge Larry Alan Burns Rejecting Document: Motion to Sever and Dismiss; to Quash Subpoena from John Does #24. Non-compliance with local rule(s), OTHER: Must contact chambers of Magistrate Judge to obtain hearing date for Motion to Quash. Must contact chambers of District Judge to obtain hearing date for motion to sever (assuming motion to quash is denied and case goes forward). IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.(kaj) (Entered: 04/26/2012)
2012-04-30 12 0 Request for Judicial Notice In Support of Motion to Quash 7 by John Doe#17. (Fahey, Richard) Modified on 5/1/2012 to edit text; qc mail sent re event (kaj). (Entered: 04/30/2012)
2012-05-02 13 0 MOTION to Quash Subpoena, MOTION to Sever and Dismiss Doe Defendant No. 24 by John DOE # 24. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Farnaes, Malte). Modified on 5/3/2012 to edit text (kaj). (Entered: 05/02/2012)
13 1 Memo of Points and Authorities
13 2 Declaration
13 3 Proof of Service
2012-05-04 14 0 ORDER Setting Briefing Schedule as to 13 MOTION to Quash Subpoena filed by John Doe 24. Response due 5/9/2012, Reply due 5/15/2012. Defendant's motion shall be heard together with Defendant John Doe 17's motion to quash 7 on May 22, 2012 at 3:30 p.m. Without further court order, no appearances are required at that hearing. Defendant's motion shall be deemed submitted on the papers at that time. Signed by Magistrate Judge David H. Bartick on 5/4/12.(kaj) (jcj). (Entered: 05/04/2012)
2012-05-08 15 0 NOTICE of Appearance by Leemore L Kushner on behalf of Malibu Media, LLC (Kushner, Leemore) (kaj). (Entered: 05/08/2012)
2012-05-08 16 0 RESPONSE in Opposition re 7 MOTION to Quash Third Party Subpoena MOTION to Sever Does & Vacate Order of February 24, 2012 filed by Malibu Media, LLC. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit 1)(Kushner, Leemore) (kaj). (Entered: 05/08/2012)
2012-05-08 17 0 RESPONSE in Opposition re 13 MOTION to Quash Subpoena MOTION to Sever and Dismiss Doe Defendant No. 24 filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A)(Kushner, Leemore) (kaj). (Entered: 05/08/2012)
2012-05-15 18 0 REPLY to Response to Motion re 13 MOTION to Quash Subpoena MOTION to Sever and Dismiss Doe Defendant No. 24 filed by John DOE # 24. (Attachments: # 1 Notice of Lodgment of Authorities, # 2 Proof of Service)(Farnaes, Malte) (kaj). (Entered: 05/15/2012)
2012-05-15 19 0 REPLY to Response to Motion re 7 Motion to Quash, Sever, and Vacate Court's February 24, 2012 Order filed by John Doe#17. (Attachments: # 1 Request for Judicial Notice, # 2 Request for Judicial Notice, # 3 Proof of Service)(Fahey, Richard) Modified on 5/16/2012 to edit text; qc mail sent re event (kaj). (Entered: 05/15/2012)
2012-05-16 20 0 NOTICE of Joinder by John Doe#17 re 13 MOTION to Quash Subpoena MOTION to Sever and Dismiss Doe Defendant No. 24, 18 Reply to Response to Motion, to Quash (Attachments: # 1 Proof of Service)(Fahey, Richard) (kaj). (Entered: 05/16/2012)
2012-05-31 21 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC of John Does 12 and 22 (Kushner, Leemore) (kaj). (Entered: 05/31/2012)
2012-06-01 22 0 CERTIFICATE OF SERVICE by Malibu Media, LLC re 21 Notice of Voluntary Dismissal (Kushner, Leemore) (kaj). (Entered: 06/01/2012)
2012-06-07 23 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC of John Does 1-11, 13-16, 18-21, 23 and 25 (Kushner, Leemore) (kaj). (Entered: 06/07/2012) 2012-06-19 21:51:17 e81775e82bbd59c5592f7eb6c8d5a882091dc2e5
2012-06-08 24 0 Ex Parte MOTION for Extension of Time to Serve John Doe Defendants With Summons and Complaint by Malibu Media, LLC. (Kushner, Leemore) (kaj). (Entered: 06/08/2012)
2012-06-11 25 0 ORDER granting 24 ex parte motion for extension of time to serve defendants. Malibu Media must serve the Defendants within 21 days of the date Judge Bartick rules on the motions to quash. Signed by Judge Larry Alan Burns on 6/11/12. (kaj) (Entered: 06/11/2012)
2012-06-19 26 0 ORDER denying defendant John Doe 17 and Defendant John Doe 24's motions to quash the subpoenas 7 , 13 . The Court's February 24, 2012 Order granting early discovery is hereby modified as follows: The information that may be requested from the John Doe defendants' ISPs is limited to the name, address, and Media Access Control ("MAC") address of each subscriber. Signed by Magistrate Judge David H. Bartick on 6/18/12. (kaj) (Entered: 06/19/2012) 2012-06-19 22:18:11 e475c239cce143f30fa336bd404fc90ba27a3675
2012-06-21 27 0 AMENDED ORDER Denying Defendant John Doe 17 and Defendant John Doe 24's Motions to Quash 7 , 13 . The ISPs served with the subpoenas seeking the Doe defendant's information are ordered to not disclose their telephone numbers. The Court's February 24, 2012 Order granting early discovery is hereby modified as follows: The information that may be requested from the John Doe defendants' ISPs is limited to the name, address, and Media Access Control ("MAC") address of each subscriber. Signed by Magistrate Judge David H. Bartick on 6/21/12.(kaj) (Entered: 06/21/2012) 2012-06-22 07:50:05 1314811bba1041ba8b829e32c50059b51801aefc
2012-08-16 28 0 NOTICE OF RELATED CASE(S) by John Does 1-25 of case(s) 3:2012-cv-0358, 3:2012-cv-0362, 3:2012-cv-0369, 3:2012-cv-1049, 3:2012-cv-1051, 3:2012-cv-1052, 3:2012-cv-1054, 3:2012-cv-1056, 3:2012-cv-1059, 3:2012-cv-1061, 3:2012-cv-1135, 3:2012-cv-1354, 3:2012-cv-1355, 3:2012-cv-1357, 3:2012-cv-1370, 3:2012-cv-1372, 3:2012-cv-1847 . (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A - Chart of Copyrights at Issue by Case, # 3 Exhibit B - Malibu Media Cases Nationwide)(Pietz, Morgan) Low number order prepared 8/17/2012 (kaj). Modified on 8/27/2012 low number order denied by Judge Moskowitz (kaj). (Entered: 08/16/2012)
28 1 Declaration of Morgan E. Pietz
28 2 Exhibit A - Chart of Copyrights at Issue by Case
28 3 Exhibit B - Malibu Media Cases Nationwide
2012-08-31 29 0 NOTICE OF RELATED CASE(S) by John Does 1-25 of case(s) 3:2012-cv-0358, 3:2012-cv-0362, 3:2012-cv-0369, 3:2012-cv-1049, 3:2012-cv-1051, 3:2012-cv-1052, 3:2012-cv-1054, 3:2012-cv-1056, 3:2012-cv-1059, 3:2012-cv-1061, 3:2012-cv-1135, 3:2012-cv-1354, 3:2012-cv-1355, 3:12-cv-1356; 3:2012-cv-1357, 3:2012-cv-1370, 3:2012-cv-1372, 3:2012-cv-1847 Amended Notice of Related Cases Filed by Putative Does 6 and 8 in 3:12-cv-1356. (Pietz, Morgan) Low number order not prepared, 12cv362 would be next low number case (kaj). (Entered: 08/31/2012)
2012-09-21 30 0 NOTICE OF RELATED CASE(S) by John Does 1-25 of case(s) 12-cv-1371; 12-cv-1373; 12-cv-1436; 12-cv-1437; 12-cv-1474; 12-cv-1475; 12-cv-0362 . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pietz, Morgan) (kaj). (Entered: 09/21/2012)
2012-09-24 31 0 NOTICE OF RELATED CASE(S) by John Does 1-25 of case(s) 3:12-cv-0362-LAB-DHB; 3:12-cv-1371-JAH-BGS; 3:12-cv-1849-BEN-BGS Supplemental Notice of Related Cases (Malibu Media, LLC; Patrick Collins, Inc.; and Third Degree Films, Inc.). (Pietz, Morgan) (kaj). (Entered: 09/24/2012)
2012-11-28 33 0 Order granting Motion to Sever. In the above-captioned case and all other Malibu Media cases assigned to the undersigned Judge, the claims against all Does other than Doe No. 1 are dismissed without prejudice. Malibu Media may sue the severed Does se parately and individually. As for the subpoenas related to the severed Does, Defendants' motion to quash is granted. The Clerk of Court is directed to file this Order in all Malibu Media cases assigned to the undersigned Judge. Signed by Judge Larry Alan Burns on 11/16/12.(kaj) 2012-11-28 07:49:43 b40019aa98de51109da049d46b217fed31b86eee