Case details

Court: ilnd
Docket #: 1:12-cv-06674
Case Name: Malibu Media, LLC v. John Does 1-37
PACER case #: 273026
Date filed: 2012-08-21
Date of last filing: 2012-11-26
Assigned to: Honorable Gary Feinerman
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
Paul Joseph Nicoletti
Nicoletti & Associates, Pllc 36880 Woodward Avenue Suite 100 Bloomfield Hills, MI 48304 (248) 203-7800 Email: paul@nicoletti-associates.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary K. Schulz
Schulz Law, P.C. 1144 E. State Street Suite A260 Geneva, IL 60134 United Sta 224-535-9510 Fax: 224-535-9501 Email: SchulzLaw@me.com
ATTORNEY TO BE NOTICED

John Does 1-37
Defendant
John Doe 36
Defendant
Erin Kathryn Russell
The Russell Firm 233 South Wacker Drive 84th Floor Chicago, IL 60606 312 994 2424 Fax: 312-706-9766 Email: erin@russellfirmchicago.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 35
Defendant
Robert L Dawidiuk
Collins Law Firm P.C. 1770 North Park 200 Naperville, IL 60563 (630)527-1595 Email: rdawidiuk@collinslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-21 1 0 complaint COMPLAINT FOR COPYRIGHT INFRINGEMENT filed by Malibu Media, LLC; Jury Demand. Filing fee $ 350, receipt number 0752-7468673. (Attachments: # 1 Exhibit A - List of IP Addresses, # 2 Exhibit B - Copyright Registrations, # 3 Exhibit C - Infringed Media & Dates, # 4 Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 08/21/2012) 2012-11-28 17:28:03 3b76c252ffb53a191279031a10ab7243bba53817
1 1 Exhibit A - List of IP Addresses
1 2 Exhibit B - Copyright Registrations
1 3 Exhibit C - Infringed Media & Dates 2012-11-28 17:28:57 ec8df017a86b0ae062d28429bf05bd273db8da1d
1 4 Exhibit D - BitTorrent Vocabulary
2012-08-21 2 0 attorney appearance ATTORNEY Appearance for Plaintiff Malibu Media, LLC by Paul Joseph Nicoletti (Nicoletti, Paul) (Entered: 08/21/2012)
2012-08-21 3 0 notification of affiliates pursuant to local rule 3.2 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Malibu Media, LLC (Nicoletti, Paul) (Entered: 08/21/2012)
2012-08-21 4 0 civil cover sheet CIVIL Cover Sheet (Nicoletti, Paul) (Entered: 08/21/2012)
2012-08-22 5 0 Copyright Report MAILED copyright report to Registrar, Washington DC. (mr, ) (Entered: 08/22/2012) 2012-11-28 18:22:16 4c91fbde521410444a2ef1ebfb290209e7fdbb05
2012-09-06 6 0 motion for miscellaneous relief MOTION by Plaintiff Malibu Media, LLC for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference (Attachments: # 1 Memorandum of Law, # 2 Declaration of Tobias Fieser, # 3 Text of Proposed Order)(Nicoletti, Paul) (Entered: 09/06/2012)
2012-09-06 7 0 notice of motion NOTICE of Motion by Paul Joseph Nicoletti for presentment of motion for miscellaneous relief 6 before Honorable Gary Feinerman on 9/13/2012 at 09:00 AM. (Nicoletti, Paul) (Entered: 09/06/2012)
2012-09-11 8 0 order on motion for miscellaneous relief MINUTE entry before Honorable Gary Feinerman:Motion for leave to serve third-party subpoenas prior to a Rule 26(f) conference 6 is granted. Plaintiff may serve third-party subpoenas prior to the planning conference, without prejudice to the right of Defendants or the non-parties to object to the subpoenas. Status hearing set for 10/24/2012 at 9:00 a.m. Motion hearing scheduled for 9/13/2012 7 is stricken.Mailed notice. (jlj) (Entered: 09/11/2012)
2012-10-24 9 0 status hearing MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 12/4/2012 at 9:30 a.m. Plaintiff is reminded of its obligations under Local Rules 83.12 and 83.15.Mailed notice. (jlj) (Entered: 10/24/2012)
2012-10-30 10 0 attorney appearance ATTORNEY Appearance for Plaintiff Malibu Media, LLC by Mary K. Schulz (Attachments: # 1 Certificate of Service)(Schulz, Mary) (Entered: 10/30/2012)
2012-11-26 11 0 notice of voluntary dismissal NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #20 ONLY (Nicoletti, Paul) (Entered: 11/26/2012) 2012-11-28 17:25:03 87f93090cb18e562d2dcfe3cd4b10504b0552870
2012-11-29 12 0 MINUTE entry before Honorable Gary Feinerman:Status hearing scheduled for 12/4/2012 9 is stricken. This case will be forwarded to the Executive Committee for reassignment to Judge Lee as a replacement case for 12 C 1505, in which a recusal was permitted.Mailed notice. (jlj) Modified on 12/3/2012 (jlj, ). (Entered: 11/29/2012)
2012-12-11 13 0 ATTORNEY Appearance for Defendant John Doe 36 by Erin Kathryn Russell (Russell, Erin) (Entered: 12/11/2012)
2012-12-11 14 0 MOTION by Defendant John Doe 36 to quash , MOTION by Defendant John Doe 36 to sever , MOTION by Defendant John Doe 36Motion for Leave to Proceed Anonymously (Russell, Erin) (Entered: 12/11/2012)
2012-12-11 15 0 NOTICE of Motion by Erin Kathryn Russell for presentment of motion to quash, motion to sever, motion for miscellaneous relief 14 before Honorable Gary Feinerman on 1/9/2013 at 09:00 AM. (Russell, Erin) (Entered: 12/11/2012)
2012-12-12 16 0 ATTORNEY Appearance for Defendant John Doe 35 by Robert L Dawidiuk (Attachments: # 1 Certificate of Service)(Dawidiuk, Robert) (Entered: 12/12/2012)
2012-12-12 17 0 MOTION by Defendant John Doe 35 to quash (Attachments: # 1 Memorandum of Law, # 2 Exhibit Exhibits A-F, # 3 Text of Proposed Order)(Dawidiuk, Robert) (Entered: 12/12/2012)
2012-12-12 18 0 NOTICE of Motion by Robert L Dawidiuk for presentment of motion to quash 17 before Honorable Gary Feinerman on 12/20/2012 at 09:00 AM. (Dawidiuk, Robert) (Entered: 12/12/2012)
2012-12-13 19 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #11 ONLY (67.167.98.211) (Nicoletti, Paul) (Entered: 12/13/2012)
2012-12-16 20 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #9 ONLY (67.165.149.43) (Nicoletti, Paul) (Entered: 12/16/2012)
2012-12-19 21 0 MINUTE entry before Honorable Gary Feinerman: At the 12/20/2012 motion hearing, Plaintiff shall be prepared to explain why the subpoena should not be quashed for failure to comply with Fed. R. Civ. P. 45(a)(2)(C), given that the subpoena is issued out of this District and purports to command that the documents be produced to an office in the Eastern District of Michigan. [For further details see text below.]Mailed notice. (jlj) (Entered: 12/19/2012)
2012-12-20 22 0 MOTION by Plaintiff Malibu Media, LLC for extension of time for service of summons (Schulz, Mary) (Entered: 12/20/2012)
2012-12-20 23 0 NOTICE of Motion by Mary K. Schulz for presentment of extension of time 22 before Honorable Gary Feinerman on 1/10/2013 at 09:00 AM. (Schulz, Mary) (Entered: 12/20/2012)
2012-12-21 24 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #16 ONLY (68.51.125.183) (Nicoletti, Paul) (Entered: 12/21/2012)
2012-12-21 25 0 MINUTE entry before Honorable Gary Feinerman:Plaintiff's motion for extension of time within which to serve defendants with a summons and complaint 22 is granted in part and denied in part. The time for Plaintiff to serve Doe 35 and Doe 36 is extended to 28 days past the day that Plaintiff learns their identities. The time for Plaintiff to serve the remaining Does is extended until 1/11/2013, which is 28 or more days after Plaintiff learned their identities. Motion hearing scheduled for 1/10/2013 23 is stricken.Mailed notice. (jlj) (Entered: 12/21/2012)
2012-12-20 26 0 MINUTE entry before Honorable Gary Feinerman:Motion hearing held. Plaintiff failed to appear. For the reasons stated in the record, Doe 35's motion to vacate order and quash subpoena 17 is granted in part. The subpoena regarding Does 1-35 (Doc. 17-2 at 48-52) is quashed. Plaintiff is ordered to show cause in writing, by 1/4/2013, why this case should not be dismissed against all Defendants (other than Doe Nos. 35 and 36 and any other Does who already have been dismissed) for failure to comply with Rule 4(m). The 11/29/2012 order recommending the reassignment of this case to Judge Lee 12 is vacated. If Plaintiff fails without good cause to appear for any future motion or status hearing, this case will be dismissed for want of prosecution.Mailed notice. (jlj) (Entered: 12/21/2012) 2013-01-23 01:04:24 4f847d7311252d70895b020f75b03fc3b60164dc
2012-12-26 27 0 MEMORANDUM by Malibu Media, LLC in Opposition to motion to quash, motion to sever, motion for miscellaneous relief 14 (Nicoletti, Paul) (Entered: 12/26/2012)
2012-12-27 28 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #17 ONLY (68.58.13.187) (Nicoletti, Paul) (Entered: 12/27/2012)
2013-01-04 29 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC (Nicoletti, Paul) (Entered: 01/04/2013) 2013-01-09 16:12:41 7409e6a892df42a0ba18d433a35f99d01f23eda2
2013-01-07 30 0 MEMORANDUM by John Doe 36 in support of motion to quash, motion to sever, motion for miscellaneous relief 14 (Attachments: # 1 Exhibit Exhibit A)(Russell, Erin) (Entered: 01/07/2013)
30 1
2013-01-07 31 0 MEMORANDUM by John Doe 36 in support of motion to quash, motion to sever, motion for miscellaneous relief 14 (Amended Memorandum) (Attachments: # 1 Exhibit Exhibit A)(Russell, Erin) (Entered: 01/07/2013)
31 1 Exhibit Exhibit A
2013-01-08 32 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #27 ONLY (98.212.186.227) (Nicoletti, Paul) (Entered: 01/08/2013)
2013-01-09 33 0 MINUTE entry before Honorable Gary Feinerman:Motion hearing held. For the reasons stated on the record, motion for leave to proceed anonymously, motion to quash subpoena, and motion to sever pursuant 14 is granted in part (with respect to proceeding anonymously and quashing the subpoena) and denied without prejudice in part (with respect to severance). Doe No. 36 may proceed anonymously through discovery. The subpoena related to Doe Nos. 36 and 37 (replicated at Doc. 31-1) is quashed. Doe No. 36 may renew his/her motion to sever at a later date. Status hearing scheduled for 3/14/2013 at 9:00 a.m.Mailed notice. (jlj) (Entered: 01/09/2013)
2013-01-14 34 0 MINUTE entry before Honorable Gary Feinerman:Status hearing scheduled for 3/14/2013 33 is stricken. This case will be reassigned to Judge Durkin.Mailed notice. (jlj) (Entered: 01/14/2013)
2013-01-21 35 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC (Nicoletti, Paul) (Entered: 01/21/2013) 2013-01-23 00:59:18 d38d7e07a647cfdba45b83377108aa64ac36ca17
2013-01-22 36 0 EXECUTIVE COMMITTEE ORDER: It appearing that an Order of the Executive Committee was entered on January 14, 2013 identifying cases forming the initial calendar of the Honorable Thomas M. Durkin; and It further appearing that 12 C 6674, Malibu Media LLC v. John Does 1-37, previously pending before the Hon. Gary Feinerman, and 12 C 8190, Miller v. Sysco Food Service Chicago, previously pending before the Hon. Harry D. Leinenweber, were closed and therefore should not be reassigned to Judge Durkins initial calendar; and It further appearing that, due to a clerical error, the cases reassigned from the Hon. John Z. Lee to Judge Durkins initial calendar omitted 12 C 8169, Reid v. Illinois Department of Corrections, a prisoner petition case treated in the initial calendar process as related to 12 C 3278, Reid v. Meyes, et al.; therefore It is hereby ordered that the Clerk is to reassign 12 C 7008, Griffin v. Equifax Information Service, from Judge Feinerman to Judge Durkin as a replacement for 12 C 6674; and 12 C 7360, Thomas v. Asset Acceptance, LLC, from Judge Leinenweber to Judge Durkin as a replacement for 12 C 8190. It is further ordered that the Clerk is to reassign 12 C 8169, Reid v. Illinois Department of Corrections, from Judge Lee to Judge Durkin. Case reassigned to the Honorable Gary Feinerman for all further proceedings. Signed by Executive Committee on 1/22/13. (ef, ) Modified on 1/25/2013 (ef, ). (Entered: 01/25/2013)
2013-01-27 37 0 MINUTE entry before Honorable Gary Feinerman: Status hearing set for 3/14/2013 at 9:00 a.m. Reassignment to Judge Durkin is vacated.Mailed notice. (jlj) (Entered: 01/27/2013)
2013-02-26 38 0 MOTION by Defendant John Doe 35 to quash (Dawidiuk, Robert) (Entered: 02/26/2013)
2013-02-26 39 0 NOTICE of Motion by Robert L Dawidiuk for presentment of motion to quash 38 before Honorable Gary Feinerman on 3/14/2013 at 09:00 AM. (Attachments: # 1 Text of Proposed Order)(Dawidiuk, Robert) (Entered: 02/26/2013)
2013-02-26 40 0 MEMORANDUM by John Doe 35 in support of motion to quash 38 (Attachments: # 1 Exhibit)(Dawidiuk, Robert) (Entered: 02/26/2013)
2013-02-26 41 0 NOTICE of Motion by Robert L Dawidiuk for presentment of motion to quash 38 before Honorable Gary Feinerman on 3/14/2013 at 09:00 AM. (Dawidiuk, Robert) (Entered: 02/26/2013)
2013-03-07 42 0 MINUTE entry before Honorable Gary Feinerman:By order of the court, status and motion hearing scheduled for 3/14/2013 37 38 at 9:00 a.m. is re-set for 2:45 p.m.Mailed notice. (jlj) (Entered: 03/07/2013)
2013-03-12 43 0 MEMORANDUM by Malibu Media, LLC in Opposition to motion to quash 38 (Schulz, Mary) (Entered: 03/12/2013)
2013-03-14 44 0 MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 5/15/2013 at 9:30 a.m. Motion hearing held. For the reasons stated on the record, Defendant Doe 35's motion to sever and quash subpoena or, in the alternative proceed anonymously 38 is granted in part (with respect to proceeding anonymously) and denied in part (with respect to quashing the subpoena, dismissing Doe 35, and severance). Doe 35 may proceed anonymously through discovery. Doe 35 shall answer or otherwise plead to the complaint by 4/4/2013.Mailed notice. (jlj) (Entered: 03/14/2013)
2013-03-20 45 0 NOTICE of Voluntary Dismissal by Malibu Media, LLC AS TO JOHN DOE #31 ONLY (98.223.159.28) (Nicoletti, Paul) (Entered: 03/20/2013)
2013-04-04 46 0 NOTICE of Motion by Robert L Dawidiuk for presentment of before Honorable Gary Feinerman on 4/10/2013 at 09:00 AM. (Dawidiuk, Robert) (Entered: 04/04/2013)
2013-04-04 47 0 MOTION by Defendant John Doe 35 for extension of time to File Responsive Pleading (Dawidiuk, Robert) (Entered: 04/04/2013)
2013-04-04 48 0 MOTION by Defendant John Doe 35 for extension of time to File Responsive Pleading (Dawidiuk, Robert) (Entered: 04/04/2013)