| Date Filed |
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Attachment # |
Short Description |
Long Description |
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| 2012-05-11 |
1 |
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COMPLAINT against John Does 1-7. Filing fee $ 350.00 receipt number 113C-4726725, filed by Malibu Media, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Lipscomb, Michael) (Entered: 05/11/2012) |
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| 2012-05-11 |
2 |
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Judge Assignment to Judge K. Michael Moore and Magistrate Judge Frank J. Lynch, Jr (jua) (Entered: 05/14/2012) |
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| 2012-05-14 |
3 |
0 |
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FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (jua) (Entered: 05/14/2012) |
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| 2012-05-15 |
4 |
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PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the Record. Plaintiff Malibu Media, LLC is a California company that has obtained the registration for, or has applied to obtain the registration for several pornographic works Plaintiff now accuses Defendant John Does 1-7 of illegally infringing. Defendant John Does are alleged users of the BitTorrent peer-to-peer network and are known at this time only by their Internet Protocol addresses. This Court is familiar with such litigation tactics. Recently, this Court found that a similar company's attempt to join John Doe Defendants--based on their alleged use of BitTorrent--did not satisfy Rule 20 of the Federal Rules of Civil Procedure. See Liberty Media Holdings, LLC v. BitTorrent Swarm, 277 F.R.D. 669, 2011 WL 5190048, at *2-3 (S.D. Fla. Nov. 1, 2011). Accordingly, in light of this Court's prior decision, Plaintiff Malibu Media, LLC, is hereby ORDERED TO SHOW CAUSE on or before June 1, 2012, why this Court should not find misjoinder and sever all but Defendant John Doe 1 from the instant action. Signed by Judge K. Michael Moore on 5/15/2012. (dwe) (Entered: 05/15/2012) |
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| 2012-05-17 |
5 |
0 |
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NOTICE of Voluntary Dismissal of John Does 2 Through 7 Without Prejudice by Malibu Media, LLC (Lipscomb, Michael) (Entered: 05/17/2012) |
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| 2012-05-17 |
6 |
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RESPONSE TO ORDER TO SHOW CAUSE re 4 Order to Show Cause,,,, by Malibu Media, LLC. (Lipscomb, Michael) (Entered: 05/17/2012) |
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| 2012-05-17 |
7 |
0 |
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MOTION for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference by Malibu Media, LLC. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Text of Proposed Order, # 3 Declaration of Tobias Fieser in Support of Motion, # 4 Exhibit A to Declaration, # 5 Exhibit B to Declaration)(Lipscomb, Michael) (Entered: 05/17/2012) |
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| 2012-05-22 |
8 |
0 |
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PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE, JUDGE FRANK J. LYNCH. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned cause is referred to United States Magistrate Judge Frank J. Lynch, Jr., to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. Signed by Judge K. Michael Moore on 5/22/2012. (rg1) (Entered: 05/22/2012) |
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| 2012-05-22 |
9 |
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PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of or a description by category and location of all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and / or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 5/22/2012. (rg1) (Entered: 05/22/2012) |
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| 2012-06-15 |
10 |
0 |
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Plaintiff's MOTION for Hearing re 7 MOTION for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference by Malibu Media, LLC. (Lipscomb, Michael) (Entered: 06/15/2012) |
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| 2012-06-18 |
11 |
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ORDER GRANTING 7 Motion for Leave to Serve Third Party Subpoenas. Signed by Judge K. Michael Moore on 6/18/2012. (rg1) (Entered: 06/18/2012) |
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| 2012-06-22 |
12 |
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Hearing 10 . In light of this Court's Order 11 , Plaintiff's Motion 10 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 6/22/2012. (dwe) (Entered: 06/22/2012) |
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