| Court: | flmd |
| Docket #: | 2:12-cv-00177 |
| Case Name: | Malibu Media, LLC v. John Does 1-13 |
| PACER case #: | 269709 |
| Date filed: | 2012-03-28 |
| Date of last filing: | 2012-03-30 |
| Assigned to: | Judge John E. Steele |
| Referred to: | Magistrate Judge Sheri Polster Chappell |
| 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 |
M. Keith Lipscomb Steven E. Eisenberg |
| John Does 1-13 Defendant |
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| John Doe 03 Defendant c/o Danny J Simon Lalchandani Simon PL 25 SE 2nd Avenue Suite 1050 Miami, FL 33131 3059995291 |
Daniel Jordan Simon |
| John Doe 11 Defendant |
William R. Wohlsifer |
| Laura E. Reynolds Defendant |
Laura E. Reynolds |
| John Doe 01 Defendant |
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| John Doe 02 Defendant |
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| John Doe 04 Defendant TERMINATED: 06/21/2012 |
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| John Doe 05 Defendant |
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| John Doe 06 Defendant |
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| John Doe 07 Defendant |
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| John Doe 08 Defendant |
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| John Doe 09 Defendant |
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| John Doe 10 Defendant |
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| John Doe 12 Defendant |
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| John Doe 13 Defendant |
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| John Doe 16 (72.91.117.82) Defendant |
Cynthia Ariel Conlin |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-03-28 | 1 | 0 | Complaint | COMPLAINT against John Does 1-13 with Jury Demand (Filing fee $ 350 receipt number FTM002666) filed by Malibu Media, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet)(SPB) (Entered: 03/30/2012) | 2012-03-31 01:00:05 | af6751a5e723f35f71860bdc034a970089ea03c3 |
| 1 | 1 | Exhibit | 2012-03-31 01:06:16 | 2f711a226166271ce93e59944ef035eeeba5011c | ||
| 1 | 2 | Exhibit | ||||
| 1 | 3 | Exhibit | ||||
| 1 | 4 | Exhibit | ||||
| 1 | 5 | Civil Cover Sheet | ||||
| 2012-03-30 | 2 | 0 | Standing Order re: 25 pages | STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 12/7/09. (SPB) (Entered: 03/30/2012) | ||
| 2012-04-04 | 3 | 0 | MOTION for leave to file to serve third party subpoenas prior to a rule 26 (f) conference by Malibu Media, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Eisenberg, Steven) (Entered: 04/04/2012) | |||
| 2012-04-11 | 4 | 0 | ORDER granting 3 (1)Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference. SEE ORDER FOR DETAILS AND INSTRUCTIONS. Signed by Magistrate Judge Sheri Polster Chappell on 4/11/2012. (LMH) (Entered: 04/11/2012) | |||
| 2012-04-17 | 5 | 0 | MOTION to substitute attorney by Malibu Media, LLC. (Eisenberg, Steven) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 04/17/2012) | |||
| 2012-04-19 | 6 | 0 | ORDER granting 5 Motion to substitute attorney. Attorney Steven E. Esienberg, is hereby relieved of all responsibility in this case. The Clerk of the Court is directed to remove Attorney Steven E. Esienberg, Esq., from the Court's electronic notification system for this case. The Clerk of the Court is directed to add Michael Keith Lipscomb to the Courts electronic filing system as counsel for Plaintiff. All future correspondence, motions, or filings in this case shall be directed to Michael Keith Lipscomb at the address provided to the Court by the Plaintiff. Signed by Magistrate Judge Sheri Polster Chappell on 4/19/2012. (LMH) (Entered: 04/19/2012) | |||
| 2012-05-08 | 7 | 0 | MOTION to dismiss Complaint, MOTION to quash Subpoena, MOTION to sever, MOTION for protective order by John Doe 03. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Simon, Daniel) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 05/08/2012) | |||
| 2012-05-09 | 8 | 0 | INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 5/23/2012, as to John Doe 03. Signed by All Divisional Judges on 5/9/2012. (SPB) (Entered: 05/09/2012) | |||
| 2012-05-17 | 9 | 0 | CERTIFICATE of interested persons and corporate disclosure statement re 8 Interested persons order by John Doe 03. (Simon, Daniel) (Entered: 05/17/2012) | |||
| 2012-05-18 | 10 | 0 | NOTICE of Special Appearance by William R. Wohlsifer on behalf of John Doe 11 (Wohlsifer, William) (Entered: 05/18/2012) | |||
| 2012-05-18 | 11 | 0 | Corporate Disclosure Statement by John Doe 11. (Wohlsifer, William) (Entered: 05/18/2012) | |||
| 2012-05-21 | 12 | 0 | MOTION to quash or vacate the Subpoena by Laura E. Reynolds. (SPB) (Entered: 05/22/2012) | |||
| 2012-05-22 | 13 | 0 | RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/5/2012. Signed by All Divisional Judges on 5/22/2012. (LMH) (Entered: 05/22/2012) | |||
| 2012-05-22 | 14 | 0 | INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 6/5/2012. Signed by All Divisional Judges on 5/22/2012. (LMH) (Entered: 05/22/2012) | |||
| 2012-05-24 | 15 | 0 | MOTION to dismiss Complaint, MOTION for protective order, MOTION to quash Subpoena and Memorandum in Support Thereof by John Doe 11. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wohlsifer, William) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 05/24/2012) | |||
| 2012-05-31 | 16 | 0 | ENDORSED ORDER. Before the Court is John Doe #3's Motion to Dismiss/Sever and for Protective Order and/or to Quash Subpoena (Doc. #7) filed on May 8, 2012. Plaintiff has failed to file a response within the allowable time under the Federal Rules. Plaintiff will be given additional time until May 5, 2012 to file a response. If no response is received by this date, the Court will rule on John Doe #3's Motion without the benefit of a response. Signed by Magistrate Judge Sheri Polster Chappell on 5/31/2012. (BLW) (Entered: 05/31/2012) | |||
| 2012-05-31 | 17 | 0 | NOTICE by Malibu Media, LLC re 16 Order of Non-Receipt (Lipscomb, M.) (Entered: 05/31/2012) | |||
| 2012-05-31 | 18 | 0 | MEMORANDUM in opposition re 7 Motion to dismissMotion to quashMotion to severMotion for protective order filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 05/31/2012) | |||
| 2012-06-04 | 19 | 0 | MEMORANDUM in opposition re 12 Motion to quashMotion to vacate filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 06/04/2012) | |||
| 2012-06-05 | 20 | 0 | CERTIFICATE of interested persons and corporate disclosure statement re 14 Interested persons order by Malibu Media, LLC. (Lipscomb, M.) (Entered: 06/05/2012) | |||
| 2012-06-05 | 21 | 0 | NOTICE of pendency of related cases re 13 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Malibu Media, LLC. Related case(s): Yes (Lipscomb, M.) (Entered: 06/05/2012) | |||
| 2012-06-06 | 22 | 0 | REPORT AND RECOMMENDATION re 7 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION to sever MOTION for protective order filed by John Doe 03. IT IS RESPECTFULLY RECOMMENDED: John Doe #3's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena (Doc. #7) be DENIED. Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal. Signed by Magistrate Judge Sheri Polster Chappell on 6/6/2012. (LAF) Modified on 8/2/2012, Document vacated pursuant to 45 Order (SPB). (Entered: 06/06/2012) | 2012-06-07 18:13:08 | 7f35fdbc795960a511a3cd8f7b6fb1f8f6c57699 | |
| 2012-06-06 | 23 | 0 | ORDER denying 12 Motion to quash or vacate subpoena. Signed by Magistrate Judge Sheri Polster Chappell on 6/6/2012. (LAF) (Entered: 06/06/2012) | 2012-06-07 18:06:02 | ed741bc266ada97cf9db6abcc7698b627402ee59 | |
| 2012-06-07 | 24 | 0 | MEMORANDUM in opposition re 15 Motion to dismissMotion for protective orderMotion to quash filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A)(Lipscomb, M.) (Entered: 06/07/2012) | |||
| 2012-06-07 | 25 | 0 | CERTIFICATE of interested persons and corporate disclosure statement re 14 Interested persons order by Laura E. Reynolds. (Attachments: # 1 Mailing Envelope)(SPB) (Entered: 06/11/2012) | |||
| 2012-06-07 | 26 | 0 | NOTICE of pendency of related cases re 13 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Laura E. Reynolds. Related case(s): no (Attachments: # 1 Mailing Envelope)(SPB) (Entered: 06/11/2012) | |||
| 26 | 1 | Mailing Envelope | ||||
| 2012-06-18 | 27 | 0 | INITIAL Copyright Report sent to Washington. (kma) (Entered: 06/18/2012) | |||
| 2012-06-20 | 28 | 0 | NOTICE of Voluntary Dismissal with Prejudice of John Doe 4 Only, by Malibu Media, LLC (Lipscomb, M.) (Entered: 06/20/2012) | 2012-06-27 18:12:32 | 99e7f29d7b7ad46fd1af78d48337a427bdb37109 | |
| 2012-06-20 | 29 | 0 | OBJECTION to 22 Report and Recommendations filed by John Doe 03. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Simon, Daniel) (Entered: 06/20/2012) | |||
| 2012-06-21 | 30 | 0 | ORDER dismissing John Doe 4, also identified as IP address 98.208.241.208, is dismissed with prejudice. The Clerk shall terminate this defendant on the docket. Signed by Judge John E. Steele on 6/21/2012. (RKR) (Entered: 06/21/2012) | |||
| 2012-07-05 | 31 | 0 | REPORT AND RECOMMENDATION re 15 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof filed by John Doe 11. It is respectfully recommended Defendant John Doe 11 Special Appearance Motion to Quash Subpoena, or in the Alternative, Motion for Protective Order, Motion to Dismiss or Sever Defendants for Improper Joinder, Motion to Dismiss for Failing to State a Cause of Action 15 be DENIED. Signed by Magistrate Judge Sheri Polster Chappell on 7/5/2012. (LMH) Modified on 8/2/2012- Document vacated pursuant to 46 Order (SPB). (Entered: 07/05/2012) | |||
| 2012-07-05 | 32 | 0 | RESPONSE to objections to 22 Report and Recommendations, RESPONSE re 29 Objection to Report and Recommendations by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lipscomb, M.) (Entered: 07/05/2012) | |||
| 2012-07-12 | 33 | 0 | OBJECTION to 31 Report and Recommendations filed by John Doe 11. (Wohlsifer, William) (Entered: 07/12/2012) | |||
| 2012-07-13 | 34 | 0 | MOTION to dismiss Party, MOTION to strike 24 Memorandum in opposition, 1 Complaint by John Doe 11. (Wohlsifer, William) (Entered: 07/13/2012) | |||
| 2012-07-13 | 35 | 0 | OBJECTION to 31 Report and Recommendations (Amended) filed by John Doe 11. (Wohlsifer, William) (Entered: 07/13/2012) | |||
| 2012-07-24 | 36 | 0 | DISREGARD, ENTERED IN ERROR. Document was previously filed, therefore, docket entry is duplicative. REPORT AND RECOMMENDATION re 15 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof filed by John Doe 11. (Entered: 07/24/2012) | |||
| 2012-07-25 | 37 | 0 | NOTICE of Voluntary Dismissal Without Prejudice of John Does 2, 5, 6, 7, 8, 9, 10, 11, 12 and 13, by Malibu Media, LLC (Lipscomb, M.) (Entered: 07/25/2012) | |||
| 2012-07-26 | 38 | 0 | NOTICE by Malibu Media, LLC re 37 Notice of Voluntary Dismissal of Retracting Voluntary Dismissal Due to Scrivener's Error (Lipscomb, M.) (Entered: 07/26/2012) | |||
| 2012-07-26 | 39 | 0 | NOTICE of Voluntary Dismissal Without Prejudice of John Does 2, 5, 6, 7, 8, 9, 10, 12 and 13 by Malibu Media, LLC (Lipscomb, M.) (Entered: 07/26/2012) | |||
| 2012-07-26 | 40 | 0 | OPINION AND ORDER ruling deferred 22 Report and Recommendations; ruling deferred 31 Report and Recommendations; taking under advisement 34 Motion to strike and dismiss pending a response. The matter is recommitted to the Magistrate Judge to address the issue of the Court's jurisdiction to consider the motions to quash filed in this case. Plaintiff shall serve a copy of this Opinion and Order on the isps served with the subpoenas for John Does 3 and 11. Signed by Judge John E. Steele on 7/26/2012. (RKR) (Entered: 07/26/2012) | 2012-07-27 07:52:40 | 904e633aec25f246e6e835fa720b9b90cecb583a | |
| 2012-07-26 | 41 | 0 | ORDER dismissing without prejudice John Does 2, 5, 6, 7, 8, 9, 10, 12 and 13. The Clerk shall withhold the entry of judgment until the conclusion of the case but terminate these parties on the docket. Signed by Judge John E. Steele on 7/26/2012. (RKR) (Entered: 07/26/2012) | |||
| 2012-07-26 | 42 | 0 | First MOTION for miscellaneous relief, specifically for Extension of Time Within Which to Effectuate Service on Doe Defendants by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 07/26/2012) | |||
| 2012-07-27 | 43 | 0 | MEMORANDUM in opposition re 34 Motion to dismissMotion to strike filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 07/27/2012) | |||
| 2012-07-31 | 44 | 0 | ORDER granting in part 42 Plaintiff's First Motion for Extension of Time Within Which It Has to Effectuate Service on Doe Defendants. Plaintiff shall have up to and including October 29, 2012 to name and serve the Doe Defendants. Signed by Magistrate Judge Sheri Polster Chappell on 7/31/2012. (LMF) (Entered: 07/31/2012) | |||
| 2012-07-31 | 45 | 0 | ORDER re 22 REPORT AND RECOMMENDATION re 7 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION to sever MOTION for protective order filed by John Doe 03.REPORT AND RECOMMENDATION re 7 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION to sever MOTION for protective order filed by John Doe 03.REPORT AND RECOMMENDATION re 7 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION to sever MOTION for protective order filed by John Doe 03. The Clerk of Court is hereby directed to VACATE this Courts Report and Recommendation entered at Doc. #22. Signed by Magistrate Judge Sheri Polster Chappell on 7/31/2012. (LMF) (Entered: 07/31/2012) | |||
| 2012-07-31 | 46 | 0 | ORDER re 31 REPORT AND RECOMMENDATION re 15 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof filed by John Doe 11.REPORT AND RECOMMENDATION re 15 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof filed by John Doe 11.REPORT AND RECOMMENDATION re 15 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof filed by John Doe 11. The Clerk of Court is hereby directed to VACATE this Courts Report and Recommendation entered at Doc. #31. Signed by Magistrate Judge Sheri Polster Chappell on 7/31/2012. (LMF) (Entered: 07/31/2012) | 2012-08-01 08:27:48 | 984b2410b2280c378acdf2caacfb61ff73696b16 | |
| 2012-08-01 | 47 | 0 | REPORT AND RECOMMENDATION re 7 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION to sever MOTION for protective order filed by John Doe 03. It is respectfully recommended Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena should be DENIED without prejudice. Signed by Magistrate Judge Sheri Polster Chappell on 8/1/2012. (LMF) (Entered: 08/01/2012) | |||
| 2012-08-01 | 48 | 0 | REPORT AND RECOMMENDATION re 15 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof filed by John Doe 11. It is respectfully recommended Defendant John Doe 11 Special Appearance Motion to Quash Subpoena, or in the Alternative, Motion for Protective Order, Motion to Dismiss or Sever Defendants for Improper Joinder, Motion to Dismiss for Failing to State a Cause of Action should be DENIED without prejudice. Signed by Magistrate Judge Sheri Polster Chappell on 8/1/2012. (LMF) (Entered: 08/01/2012) | |||
| 2012-08-13 | 49 | 0 | NOTICE by John Doe 16 (72.91.117.82) OF FILING MOTION TO TRANSFER (Attachments: # 1 Exhibit List of Malibu Media, LLC cases in Florida, # 2 Exhibit Malibu Media Docket from SDFLA)(Conlin, Cynthia) (Entered: 08/13/2012) | |||
| 2012-09-11 | 57 | 0 | OPINION AND ORDER adopting and incorporating 47 Report and Recommendations; adopting and incorporating 48 Report and Recommendations; denying without prejudice 7 Motion to dismiss, to quash, to sever, for protective order; denying without prejudice 15 Motion to dismiss, for protective order, to quash. Signed by Judge John E. Steele on 9/10/2012. (RKR) | 2012-09-11 08:48:57 | 6ed8032560973db299c02bcde574e8cfe1f718e0 |