Case details

Court: cod
Docket #: 1:12-cv-01873
Case Name: Malibu Media, LLC v. Maness
PACER case #: 134488
Date filed: 2012-07-18
Date terminated: 2012-10-16
Date of last filing: 2012-12-04
Assigned to: Judge R. Brooke Jackson
Referred to: Magistrate Judge Michael E. Hegarty
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
Jason Aaron Kotzker
Kotzker Law Group 9609 South University Boulevard #632134 Highlands Ranch, CO 80163 303-875-5386 Email: jason@klgip.com
ATTORNEY TO BE NOTICED

Lindsey Maness
Defendant
David Stevens Kerr
Santangelo Law Offices, P.C. 125 South Howes Street Third Floor Fort Collins, CO 80521 970-224-3100 Fax: 970-224-3175 Email: dkerr@idea-asset.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-07-18 1 0 Complaint COMPLAINT against Lindsey Maness (Filing fee $ 350, Receipt Number 1082-2937870), filed by Malibu Media, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kotzker, Jason) (Entered: 07/18/2012)
1 1
1 2 2012-12-05 18:42:53 f4a822e90bc3a43fddc35edf94f7b429ca1001cc
1 3
1 4
2012-07-18 2 0 Case Assigned to Judge Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry (sphil, ) (Entered: 07/19/2012)
2012-07-19 3 0 Report re: Patent/Trademark/Copyright REPORT on the filing or determination of an action mailed to Register of Copyrights (sphil, ) (Entered: 07/19/2012)
2012-07-20 4 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT. (Kotzker, Jason) (Entered: 07/20/2012)
2012-07-20 5 0 Notice of Case Association NOTICE OF CASE ASSOCIATION by Plaintiff Malibu Media, LLC (Kotzker, Jason) (Entered: 07/20/2012) 2012-10-20 14:27:29 b145f25123df08754cf4db967aa6f93e0fc21b9b
2012-07-27 6 0 Order ORDER This matter comes before the Court sua sponte. In light of the assignment of related cases to district judges, and with the approval of Chief Judge Wiley Y. Daniel, this Court requests that the Clerk of Court reassign this case from Magistrate Judge Craig B. Shaffer to Magistrate Judge Michael E. Hegarty, by Judge R. Brooke Jackson on 7/27/2012. (ervsl, ) (Entered: 07/27/2012) 2012-07-28 07:52:35 66eb813404999af546bd225c2cd55f0a87cce45a
2012-07-27 7 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge R. Brooke Jackson on 7/27/2012. (ervsl, ) (Entered: 07/27/2012)
2012-08-11 8 0 Summons Request SUMMONS REQUEST as to Lindsey Maness by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 08/11/2012)
2012-08-13 9 0 Summons Issued SUMMONS issued by Clerk. (ervsl, ) (Entered: 08/13/2012)
2012-08-13 10 0 Minute Order MINUTE ORDER Scheduling Conference set for 10/10/2012 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 8/13/2012. (mehcd) (Entered: 08/13/2012)
2012-09-10 11 0 Affidavit AFFIDAVIT re 1 Complaint by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 09/10/2012) 2012-10-19 19:35:17 61649d96e78fc19f9bf3b11e0d2d624e1fe7ed68
2012-09-14 12 0 Motion for Extension of Time to File Answer or Otherwise Respond Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendant Lindsey Maness. (alvsl, ) (Entered: 09/14/2012) 2012-10-20 09:07:45 f8dc74ebaf0cadfc0d0fedf65e57ced451f39e68
2012-09-17 13 0 Memorandum MEMORANDUM regarding 12 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint filed by Lindsey Maness. Motion 12 is referred to Magistrate Judge Michael E. Hegarty. By Judge R. Brooke Jackson on 09/17/2012. Text Only Entry (rbjsec. ) (Entered: 09/17/2012)
2012-09-18 14 0 Order on Motion for Extension of Time to Answer or Otherwise Respond MINUTE ORDER granting 12 Defendant's Stipulated Motion to Extend Time to Answer or Otherwise Respond to 1 Complaint. Defendant's answer due 10/17/2012. By Magistrate Judge Michael E. Hegarty on 9/18/2012. (mehcd) (Entered: 09/18/2012)
2012-10-03 15 0 Motion to Continue Unopposed MOTION to Continue Scheduling Conference by Plaintiff Malibu Media, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kotzker, Jason) (Entered: 10/03/2012)
2012-10-04 16 0 Memorandum MEMORANDUM regarding 15 Unopposed MOTION to Continue Scheduling Conference filed by Malibu Media, LLC. Motion 15 is referred to Magistrate Judge Michael E. Hegarty. By Judge R. Brooke Jackson on 10/4/2012. Text Only Entry (rbjsec. ) (Entered: 10/04/2012)
2012-10-04 17 0 Order on Motion to Continue ORDER granting in part and denying in part 15 Motion to Continue. The Scheduling Conference currently set for October 10, 2012, is converted to a Status Conference and will take place at 9:30 a.m. in Courtroom A-501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 10/04/12. (alvsl) (Entered: 10/05/2012)
2012-10-10 18 0 Status Conference COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 10/10/2012. Court Reporter: FTR - Ellen E. Miller. (mjwcd) (Entered: 10/10/2012) 2012-10-20 09:10:24 ff8c9aa3c1edcc80baf21e9a539f65ccc6219c3c
2012-10-10 19 0 Certificate of Mailing/Service CERTIFICATE of Mailing/Service: A copy of the Courtroom Minutes/Minute Order 18 re Status Conference was mailed to defendant Lindsey Maness. (mjwcd) (Entered: 10/10/2012)
2012-10-15 20 0 Notice of Dismissal of Party NOTICE of Voluntary Dismissal of Party Lindsay Maness by Plaintiff Malibu Media, LLC (Kotzker, Jason) (Entered: 10/15/2012) 2012-10-19 19:31:44 d2ed5771400d24a99076d6e5ad4f2e195cb84334
2012-10-16 21 0 Terminated Case Civil Case Terminated pursuant to 20 Plaintiff's Notice of Voluntary Dismissal without Prejudice of Lindsay Maness filed in this case on 10/15/12. Text Only Entry. (alvsl) (Entered: 10/16/2012)
2012-10-17 22 0 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Failure to State a Claim by Defendant Lindsey Maness. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Kerr, David) (Entered: 10/17/2012) 2012-10-18 22:42:29 68dc4e165a86fa3260b0b67a28681200874a94e3
22 1
22 2
2012-10-18 23 0 Order on Motion to Dismiss for Failure to State a Claim ORDER denying 22 Motion to Dismiss for Failure to State a Claim. On October 15, 2012, before an answer or other responsive pleading was filed, plaintiff filed a notice of voluntary dismissal without prejudice. The case was closed by the Clerk's Office on October 16, 2012, pursuant to the notice of voluntary dismissal. On October 17, 2012 defendant filed a motion to dismiss for failure to state a claim. In the circumstances, the Court finds that the case has been dismissed without prejudice, and the motion is therefore moot. By Judge R. Brooke Jackson on 10/18/2012. Text Only Entry(rbjsec. ) (Entered: 10/18/2012)
2012-11-13 24 0 Motion for Attorney Fees MOTION for Attorney Fees by Defendant Lindsey Maness. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit G, # 7 Exhibit Exhibit H, # 8 Exhibit Exhibit J, # 9 Exhibit Exhibit K, # 10 Exhibit Exhibit L, # 11 Exhibit Exhibit M, # 12 Exhibit Exhibit N, # 13 Exhibit Exhibit O, # 14 Exhibit Exhibit P, # 15 Exhibit Exhibit Q, # 16 Exhibit Exhibit R, # 17 Exhibit Exhibit S, # 18 Exhibit Exhibit T, # 19 Exhibit Exhibit U, # 20 Exhibit Declaration Lindsey Maness, # 21 Declaration David Kerr)(Kerr, David) (Entered: 11/13/2012) 2012-12-27 11:16:24 4a9a37457542b31494f1092cdd76297ca01b61ed
24 1 Exhibit Exhibit A
24 2 Exhibit Exhibit B
24 3 Exhibit Exhibit C
24 4 Exhibit Exhibit D
24 5 Exhibit Exhibit E
24 6 Exhibit Exhibit G
24 7 Exhibit Exhibit H
24 8 Exhibit Exhibit J
24 9 Exhibit Exhibit K
24 10 Exhibit Exhibit L
24 11 Exhibit Exhibit M
24 12 Exhibit Exhibit N
24 13 Exhibit Exhibit O
24 14 Exhibit Exhibit P
24 15 Exhibit Exhibit Q
24 16 Exhibit Exhibit R
24 17 Exhibit Exhibit S
24 18 Exhibit Exhibit T
24 19 Exhibit Exhibit U
24 20 Exhibit Declaration Lindsey Maness
24 21 Declaration David Kerr
2012-11-13 25 0 Memorandum MEMORANDUM regarding 24 MOTION for Attorney Fees filed by Lindsey Maness. Motion 24 is referred to Magistrate Judge Michael E. Hegarty, by Judge R. Brooke Jackson on 11/13/2012. Text Only Entry (rbjsec. ) (Entered: 11/13/2012)
2012-11-15 26 0 Order Setting Hearing on Motion MINUTE ORDER setting a hearing on 24 Plaintiff's Motion for Attorney Fees for 11/30/2012 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 11/15/2012. (mehcd) (Entered: 11/15/2012)
2012-11-15 27 0 Order Setting Hearing on Motion AMENDED MINUTE ORDER setting a hearing on 24 Defendant's Motion for Attorney Fees for 11/30/2012 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Plaintiff shall file a response to Defendant's Motion on or before 11/23/2012. Defendant may file a reply in support of the Motion no later than 11/28/2012. By Magistrate Judge Michael E. Hegarty on 11/15/2012. (mehcd) (Entered: 11/15/2012)
2012-11-21 28 0 Minute Order MINUTE ORDER: The hearing on 24 Defendant's Motion for Attorney Fees is reset for 11/28/2012 at 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 11/21/2012. (mehcd) (Entered: 11/21/2012)
2012-11-23 29 0 Brief in Opposition to Motion BRIEF in Opposition to 24 MOTION for Attorney Fees filed by Plaintiff Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kotzker, Jason) (Entered: 11/23/2012)
29 1 Exhibit A
29 2 Exhibit B
2012-11-27 30 0 Reply to Response to Motion REPLY to Response to 24 MOTION for Attorney Fees filed by Defendant Lindsey Maness. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E-1- Declaration Maness, # 6 Exhibit E-1 Declaration Kerr, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Kerr, David) (Entered: 11/27/2012)
2012-11-27 31 0 Minute Order MINUTE ORDER This matter comes before the Court sua sponte. In light of the representations contained in Plaintiffs response to Defendants motion for attorneys fees, the Court directs Defendant Lindsey Maness to appear in person at the hearing scheduled in this case for November 28, 2012, at 10:15 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Mr. Maness shall come prepared to provide testimony regarding his discussions with Plaintiffs counsel following the October 10, 2012 Status Conference. Please remember that anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show a valid photo identification. See D.C. Colo. LCivR 83.2B., by Magistrate Judge Michael E. Hegarty on 11/27/2012. (ervsl, ) (Entered: 11/27/2012)
2012-11-28 32 0 Order on Motion for Attorney Fees COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 11/28/2012, taking under advisement 24 Defendant's Motion for Attorney's Fees. FTR: C. Coomes -- Courtroom A-501. (mehcd) (Entered: 11/28/2012) 2012-11-30 03:14:30 95e1d99be7055bb10e050218d3e41861bbe126f6
2012-12-04 33 0 Report and Recommendations RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the 24 Motion for Attorney's Fees be denied, by Magistrate Judge Michael E. Hegarty on 12/4/2012. (mehcd) (Entered: 12/04/2012) 2012-12-05 18:33:25 4ba08e631e69ed85692aefd80bd22a6e67563583
2013-04-06 34 0 ORDER. The Recommendation of United States Magistrate Judge # 33 is AFFIRMED and ADOPTED. Defendant's Motion for Attorney's Fees # 24 is DENIED. By Judge R. Brooke Jackson on 04/05/13. (alvsl) 2013-04-06 07:41:01 be401c0240d526d6ace7aae01041c2cb7149133c