Case details

Court: insd
Docket #: 1:12-cv-00842
Case Name: MALIBU MEDIA, LLC v. MCSWEENEY et al
PACER case #: 40651
Date filed: 2012-06-18
Assigned to: Judge Tanya Walton Pratt
Referred to: Magistrate Judge Mark J. Dinsmore
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 J. Nicoletti
NICOLETTI & ASSOCIATES, P.C.
36880 Woodward Ave.
Suite 100
Bloomfield Hills, MI 48304
248-203-7800
Fax: 248-203-7801
Email: paul@nicoletti-associates.com
ATTORNEY TO BE NOTICED
JOHN DOES 1-7
Defendant
STEPHEN MCSWEENEY
Defendant
Clerk's Entry of Default Entered 2/5/2013
CHARLIE TOLLEY
Defendant
JEREMIAH MCKINNEY
Defendant
JAMES HELFERICH
Defendant
Clerk's Entry of Default Entered on 2/5/2013
ERNEST NURULLAEVA
Defendant
 
ERNEST NURULLAEVA
1555 McCollough Drive
Indianapolis, IN 46260
317-937-8800
PRO SE
JOHN DOE #1
Defendant
JOHN DOE #7
Defendant
JOHN DOE #7
Defendant
JOHN DOE #7
Defendant
JOHN DOE #7
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-18 1 0 Complaint COMPLAINT against JOHN DOES 1-7, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit -A IP Address List, # 2 Exhibit -B Copyright Public Catalog, # 3 Exhibit -C Title List, # 4 Exhibit -D BitTorrent vocabulary, # 5 Civil Cover Sheet, # 6 Receipt IP030388 Filing Fee $350.00)(MSD) (Entered: 06/19/2012)
2012-06-18 2 0 Corporate Disclosure Statement Corporate Disclosure Statement by MALIBU MEDIA, LLC. (MSD) (Entered: 06/19/2012)
2012-06-19 3 0 Magistrate Judge's Notice of Availability to Exercise Jurisdiction MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MSD) (Entered: 06/19/2012)
2012-06-23 4 0 Motion (Other) MOTION for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Tobias Fieser, # 3 Text of Proposed Order)(Nicoletti, Paul) (Entered: 06/23/2012)
2012-06-25 5 0 Report - Copyright (AO Form 121) NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # 1 Complaint and Exhibits) (JD) (Entered: 06/25/2012)
2012-06-25 6 0 Notice of Appearance NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 06/25/2012)
2012-06-25 7 0 Order on Motion ORDER granting Pltf's 4 Motion for leave to serve third party subpoenas prior to a Rule 26(f) conference (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 6/252012. (SWM) (Entered: 06/26/2012)
2012-08-29 8 0 Scheduling Order SCHEDULING ORDER: Status Conference set for 9/7/2012 11:00 AM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 8/29/2012.(SWM) (Entered: 08/29/2012)
2012-09-05 9 0 EX-PARTE Motion *** EX-PARTE MOTION TO CONDUCT STATUS CONFERENCE VIA TELEPHONE AND/OR TO ADJOURN STATUS CONFERENCE re 8 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Nicoletti, Paul) (Entered: 09/05/2012)
2012-09-05 10 0 Order on EX-PARTE Motion MARGINAL ENTRY denying Pltf's 9 EX-PARTE Motion to conduct status hearing via telephonie and/or to adjourn status conference. The conference shall proceed in person and as scheduled. Furthermore, Plaintiff's motion was improperly filed as an ex parte motion; the Clerk shall remove the seal on Plaintiff's motion (see bottom of page) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/5/2012. (SWM) (Entered: 09/05/2012)
2012-09-19 11 0 Pretrial Conference - Interim MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Pretrial Conference held on 9/7/2012 (see Entry for matters discussed). Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 09/19/2012)
2012-09-19 12 0 Scheduling Order SCHEDULING ORDER: Status Conference set for 9/24/2012 01:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling 317-229-3964. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
2012-09-21 13 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Cinergy MetroNet, re 11 Pretrial Conference - Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
2012-09-21 14 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 11 Pretrial Conference - Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
2012-09-21 15 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Frontier Communications, re 11 Pretrial Conference - Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
2012-09-26 16 0 Status Conference MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/24/2012. A discussion was held regarding the Court's Order dated 9/19/12.[Dkt. 11] Pursuant to Docket 11, Plaintiff was previously ordered to file certain documents under seal. The Court hereby revises that Order and Plaintiff is instructed to file any documents previously ordered to be filed under seal as an ExParte Event. Further, the Clerk shall not provide access to any sealed documents filed in this case to any party absent further order of the Court. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 09/26/2012)
2012-10-03 18 0 Amended Complaint AMENDED COMPLAINT against JOHN DOES 1-7, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - IP Address List, # 2 Exhibit B - Copyright Website Screen Shots, # 3 Exhibit C - Title List, # 4 Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 10/03/2012)
2012-10-11 19 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to CHARLIE TOLLEY. (Nicoletti, Paul) (Entered: 10/11/2012)
2012-10-11 20 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to ERNEST NURULLAEVA. (Nicoletti, Paul) (Entered: 10/11/2012)
2012-10-11 21 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to JAMES HELFERICH. (Nicoletti, Paul) (Entered: 10/11/2012)
2012-10-11 22 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to JEREMIAH MCKINNEY. (Nicoletti, Paul) (Entered: 10/11/2012)
2012-10-11 23 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to STEPHEN MCSWEENEY. (Nicoletti, Paul) (Entered: 10/11/2012)
2012-10-15 24 0 Summons Issued Summons Issued as to JAMES HELFERICH, JEREMIAH MCKINNEY, STEPHEN MCSWEENEY, ERNEST NURULLAEVA, CHARLIE TOLLEY. (JD) (Entered: 10/15/2012)
2012-10-16 25 0 Motion for Extension of Time First MOTION for Extension of Time to to Effectuate Service on Defendants , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 10/16/2012)
2012-10-30 26 0 Order on Motion for Extension of Time to File ORDER granting Pltf's 25 Motion for Extension of Time to effectuate service of a summons and complaint upon each Deft to 11/6/2012. Signed by Magistrate Judge Mark J. Dinsmore on 10/30/2012. (SWM) (Entered: 10/30/2012)
2012-11-21 29 0 Answer to Amended Complaint ANSWER to 18 Amended Complaint, filed by ERNEST NURULLAEVA.(JD) Modified date filed on 11/26/2012 (JD). (Entered: 11/26/2012) 2012-12-05 23:57:27 5890d7fda3eac518964997efb9c1dc1e057dc85b
2012-11-28 30 0 Scheduling Order SCHEDULING ORDER: The Court, sua sponte, amends paragraphs 2 and 3 of its September 19, 2012 Minute Entry [Dkt. 11] as follows: Once the Complaint in this matter has been amended to name a putative Defendant, counsel for Plaintiff may thereafter communicate with such named Defendant(s), or such named Defendant(s)' counsel if they are represented, for any purpose related to the litigation and or resolution of this matter and is thereafter relieved of the obligation in paragraph 3 of the Court's September 19, 2012 Minute Entry to file with the Court copies of any such correspondence with such named Defendant (s) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 11/28/2012.(SWM) (Entered: 11/28/2012)
2012-11-29 31 0 Scheduling Order SCHEDULING ORDER: The Court, sua sponte, VACATES the telephonic settlement conference scheduled for November 30, 2012 at 9:00 a.m. with Jeremiah McKinney. Counsel for Plaintiff is to serve this Order on Jeremiah McKinney. Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2012.(SWM) (Entered: 11/29/2012)
2012-12-21 32 0 SEALED Document SEALED Notice of Filing Cinergy MetroNet's Subpoena Response, re 13 SEALED Document, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Cinergy MetroNet's Subpoena Response)(Nicoletti, Paul) (Entered: 12/21/2012)
2013-01-07 33 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. ERNEST NURULLAEVA served on 11/3/2012. (Nicoletti, Paul) (Entered: 01/07/2013)
2013-01-07 34 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JEREMIAH MCKINNEY served on 11/2/2012. (Nicoletti, Paul) (Entered: 01/07/2013)
2013-01-07 35 0 Return of Service RETURN of Service, filed by MALIBU MEDIA, LLC. CHARLIE TOLLEY served on 11/2/2012. (Nicoletti, Paul) (Entered: 01/07/2013)
2013-01-07 36 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JAMES HELFERICH served on 11/1/2012. (Nicoletti, Paul) (Entered: 01/07/2013)
2013-01-07 37 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. STEPHEN MCSWEENEY served on 11/1/2012. (Nicoletti, Paul) (Entered: 01/07/2013)
2013-01-14 38 0 Motion for Clerk's Entry of Default MOTION for Clerk's Entry of Default McKinney, McSweeney, Helferich, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Declaration in Support of Request for Default, # 2 Exhibit B-Entry of Default)(Nicoletti, Paul) (Entered: 01/14/2013)
38 1 Exhibit A-Declaration in Support of Request for Default
38 2 Exhibit B-Entry of Default
2013-01-21 39 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 01/21/2013)
2013-01-22 40 0 Response in Opposition to Motion RESPONSE in Opposition re 38 MOTION for Clerk's Entry of Default as to McKinney, filed by Defendant JEREMIAH MCKINNEY. (JD) (Entered: 01/22/2013)
2013-01-23 41 0 Dismissal MARGINAL NOTATION OF ACKNOWLEDGMENT re 39 NOTICE of Voluntary Dismissal as to JOHN DOE #1 and JOHN DOE #7. Signed by Judge Tanya Walton Pratt on 1/23/2013.(JD) (Entered: 01/23/2013)
2013-01-29 42 0 Notice (Other) NOTICE of Withdrawal of Motion for Entry of Clerk's Default As to Defendant Jeremiah McKinney Only, filed by Plaintiff MALIBU MEDIA, LLC, re 38 MOTION for Clerk's Entry of Default McKinney, McSweeney, Helferich. (Nicoletti, Paul) (Entered: 01/29/2013)
2013-01-30 43 0 Order MARGINAL NOTATION OF APPROVAL re 42 NOTICE of Withdrawal of Motion for Entry of Clerk's Default As to Defendant Jeremiah McKinney Only. Signed by Judge Tanya Walton Pratt on 1/30/2013.(JD) (Entered: 01/30/2013)
2013-02-05 44 0 Clerk's Entry of Default Clerk's ENTRY OF DEFAULT as to JAMES HELFERICH, STEPHEN MCSWEENEY. Signed by Clerk, Laura A. Briggs. Copies Mailed. (JD) (Entered: 02/05/2013)
2013-02-12 45 0 Notice (Other) NOTICE OF VOLUNTARY DISMISSAL OF JEREMIAH MCKINNEY (50.129.90.73) ONLY, filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/12/2013)
2013-02-13 46 0 Dismissal MARGINAL NOTATION OF ACKNOWLEDGMENT re 45 Notice of Voluntary Dismissal - This cause of action is DISMISSED with prejudice as to JEREMIAH MCKINNEY. Signed by Judge Tanya Walton Pratt on 2/13/2013.(JD) (Entered: 02/13/2013)
2013-02-21 47 0 NOTICE OF VOLUNTARY DISMISSAL OF CHARLIE TOLLEY ONLY (50.129.213.63), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/21/2013)
2013-02-22 48 0 MARGINAL NOTATION OF ACKNOWLEDGMENT re 47 NOTICE OF VOLUNTARY DISMISSAL - This cause of action is DISMISSED without prejudice as to CHARLIE TOLLEY. Signed by Judge Tanya Walton Pratt on 2/22/2013.(JD) (Entered: 02/22/2013)
2013-02-25 49 0 Mail Returned as undeliverable. 44 Clerk's Entry of Default sent to STEPHEN MCSWEENEY. (JD) (Entered: 02/25/2013)
2013-02-28 50 0 SCHEDULING ORDER: Initial Pretrial Conference set for 4/19/2013 03:20 PM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore (see Order for additional information) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 2/28/2013.(SWM) (Entered: 03/01/2013)
2013-03-12 51 0 MOTION for Leave to Appear Telephonically at the Pre-Trial Conference on April 19, 2013, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 03/12/2013)
2013-03-13 52 0 ORDER granting Pltf's 51 Motion for leave to appear telephonically at the pre-trial conference on 4/19/2013 (see Order for additional information) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 3/13/2013. (SWM) (Entered: 03/14/2013)
2013-04-02 53 0 MOTION for Default Judgment as to James Helferich, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Declaration of Paul J. Nicoletti, # 2 Text of Proposed Order Default Judgment)(Nicoletti, Paul) (Entered: 04/02/2013)
2013-04-02 54 0 BRIEF/MEMORANDUM in Support re 53 MOTION for Default Judgment as to James Helferich , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Copyright Catalog, # 2 Exhibit B-Princeton Study, # 3 Exhibit C-IFPI Report)(Nicoletti, Paul) (Entered: 04/02/2013)
2013-04-02 55 0 MOTION for Default Judgment as to Stephen McSweeney, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Declaration of Paul J. Nicoletti, # 2 Text of Proposed Order Default Judgment)(Nicoletti, Paul) (Entered: 04/02/2013)
2013-04-02 56 0 BRIEF/MEMORANDUM in Support re 55 MOTION for Default Judgment as to Stephen McSweeney , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Copyright Catalog, # 2 Exhibit B-Princeton Study, # 3 Exhibit C-IFPI Report)(Nicoletti, Paul) (Entered: 04/02/2013)
2013-04-04 57 0 ENTRY RESETTING CONFERENCE (TIME ONLY): This matter is currently set for an Initial Pretrial Conference on Friday, April 19, 2013 at 3:20 p.m. The court now changes the time to 11:00 a.m. All other requirements of the Court's Order dated 2/28/2013 and 3/13/2013 [Dkts. 50 & 52] are still in order and effect c/m. Signed by Magistrate Judge Mark J. Dinsmore on 4/4/2013.(SWM) (Entered: 04/04/2013)