| Court: | nyed |
| Docket #: | 2:12-cv-01156 |
| Case Name: | Malibu Media, LLC v. Does 1-13 |
| PACER case #: | 328098 |
| Date filed: | 2012-03-08 |
| Date of last filing: | 2012-06-05 |
| Assigned to: | Judge Joseph F. Bianco |
| Referred to: | Magistrate Judge E. Thomas Boyle |
| 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 |
Jason Aaron Kotzker Michael K. Lipscomb |
| John Does 1-13 Defendant |
|
| CSC Holdings LLC Interested Party |
Kenneth M. Dreifach |
| John Doe #5 Defendant |
Yogendra Patel |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-03-08 | 1 | 0 | Complaint | COMPLAINT against John Does 1-13 Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Malibu Media, LLC. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 03/12/2012) | 2012-04-03 07:03:14 | aa5397dd7508304b287f4feb7200185e7bdd8b4b |
| 1 | 1 | Civil Cover Sheet | ||||
| 2012-03-12 | 2 | 0 | Notice of Report on Copyright | Notice of Report on the Filing of an Action Regarding a Copyright. c/m (McMahon, Carol) (Entered: 03/12/2012) | ||
| 2012-03-12 | 3 | 0 | Motion for Discovery | MOTION for Discovery for Leave TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE by Malibu Media, LLC. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit A to Declaration of Tobias Fieser, # 5 Exhibit B to Declaration of Tobias Fieser) (Kotzker, Jason) (Entered: 03/12/2012) | ||
| 2012-03-21 | 4 | 0 | Scheduling Order | SCHEDULING ORDER: Initial Conference set for 7/11/2012 11:00 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle. Counsel for plaintiff(s) or plaintiff pro se is obligated to serve a copy of this order on each defendant. See order for further instructions.. Ordered by Magistrate Judge E. Thomas Boyle on 3/21/2012. (Lundy, Lisa) (Main Document 4 replaced on 3/21/2012) (Lundy, Lisa). (Entered: 03/21/2012) | ||
| 2012-03-26 | 5 | 0 | Order on Motion for Discovery | ORDER granting 3 Motion for Discovery: Plaintiff's application for leave to serve third-party subpoenas prior to the Rule 26(f) conference is granted. So Ordered by Magistrate Judge E. Thomas Boyle on 3/26/2012. (Minerva, Deanna) (Entered: 03/26/2012) | 2012-03-27 09:55:04 | c7d050ea1cf19cafab5ff0a8f8e1172087c6c8dc |
| 2012-03-29 | 6 | 0 | Order | ORDER: The plaintiff, Malibu Media, LLC, is directed to file on ECF a complete copy of any subpoena issued pursuant to the Order dated March 26, 2012 no later than 5:00 p.m. today, Eastern Standard Time. So Ordered by Magistrate Judge E. Thomas Boyle on 3/29/2012. (Minerva, Deanna) (Entered: 03/29/2012) | ||
| 2012-03-29 | 7 | 0 | Subpoena | Subpoena by Malibu Media, LLC. (Attachments: # 1 Subpoena) (Kotzker, Jason) (Entered: 03/29/2012) | ||
| 2012-04-26 | 8 | 0 | Motion for Protective Order | MOTION TO Dismiss/Sever and for Protective Order , And/Or To Quash Subpoena by John Doe. (Lundy, Lisa) Modified on 4/30/2012 (Lundy, Lisa). (Entered: 04/30/2012) | ||
| 2012-05-07 | 9 | 0 | Memorandum in Opposition | MEMORANDUM in Opposition re 8 MOTION for Protective Order MOTION to Quash filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 05/07/2012) | ||
| 2012-05-10 | 10 | 0 | Order | ORDER. Pending a decision on the John Doe pro se motion, filed on April 26, 2012, to "Dismiss/Sever and for a Protective Order and/or to Quash Subpoena," the court sua sponte stays enforcement of the subpoenas issued by plaintiff, Malibu Media, LLC, dated March 28, 2012, addressed to Optimum Online and Verizon Internet Services and returnable May 12, 2012. Plaintiff's counsel shall serve a copy of this order on Optimum Online and Verizon Internet Services by email and by fax immediately upon receipt and file a certificate of service with the court. Ordered by Magistrate Judge E. Thomas Boyle on 5/10/2012. (c/f to Optimum Online and Verizon Internet Services) (Joy, Dolores) (Entered: 05/10/2012) | 2012-09-28 11:37:48 | 4f7ea9b6f42b1d15128dc4fd0b4037be8132628a |
| 2012-05-10 | 11 | 0 | Certificate of Service | CERTIFICATE OF SERVICE by Malibu Media, LLC re 10 Order,, (Kotzker, Jason) (Entered: 05/10/2012) | ||
| 2012-05-14 | 12 | 0 | Order | ORDERED that motion is referred to MJ Boyle for R&R. ORDERED that plaintiff serve a copy of this order on the moving John Doe.. Ordered by Judge Joseph F. Bianco on 5/14/2012. (Bollbach, Jean) (Entered: 05/17/2012) | ||
| 2012-05-17 | 13 | 0 | Letter | Letter Seeking Clarification of Order by Malibu Media, LLC (Kotzker, Jason) (Entered: 05/17/2012) | ||
| 2012-05-17 | 14 | 0 | Notice(Other) | NOTICE by Malibu Media, LLC re 12 Order (Kotzker, Jason) (Entered: 05/17/2012) | ||
| 2012-05-21 | 15 | 0 | Order | ORDER re 14 Notice(Other) filed by Malibu Media, LLC. Plaintiff shall effect service of its Memorandum in Opposition to John Doe's motion by regular mail upon John Doe (Occupant) at 5001 W. 56th Street, New York, NY 10019. Ordered by Magistrate Judge E. Thomas Boyle on 5/21/2012. (Joy, Dolores) (Entered: 05/21/2012) | 2012-05-21 17:00:30 | 3d13d1066f19f660140a92dc1cf0b12e777a0582 |
| 2012-05-21 | 16 | 0 | Order | ORDER re 13 Letter filed by Malibu Media, LLC. All information with respect to the six (6) potential defendants received by the plaintiff and/or its client on May 7, 2012 shall be filed with the court, under seal, pending the further order of the court, as noted below. Plaintiff and/or its client shall retain no copies of same. Plaintiff's request to serve any of these six (6) defendants with a copy of the complaint is denied, without prejudice to renewal, pending a decision by this court on the pending Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena, anonymously filed by John Doe, pro se, and served on April 23, 2012. Ordered by Magistrate Judge E. Thomas Boyle on 5/21/2012. (Joy, Dolores) (Entered: 05/21/2012) | 2012-05-21 17:06:07 | 88eca1baf6e4781d66f355d4449bb50100a232d2 |
| 2012-05-22 | 17 | 0 | Scheduling Order | SCHEDULING ORDER: Oral argument pertaining to defendant John Doe's "Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena," filed on April 26, 2012, shall be heard on June 1, 2012 at 11:00 a.m. before E. Thomas Boyle, United States Magistrate Judge, in the Long Island Federal Courthouse, Courtroom 830, Central Islip, New York. All parties shall be present in court. Plaintiff's counsel shall immediately serve a copy of this Order on the moving John Doe. Ordered by Magistrate Judge E. Thomas Boyle on 5/22/2012. c/m (Joy, Dolores) Modified on 5/22/2012 (Lundy, Lisa). (Entered: 05/22/2012) | ||
| 2012-05-24 | 18 | 0 | Notice(Other) | NOTICE by Malibu Media, LLC re 16 Order,, to File Document Under Seal (Kotzker, Jason) (Entered: 05/24/2012) | ||
| 2012-05-24 | 19 | 0 | Sealed | Letter Including Subpoena Response by Malibu Media, LLC (Kotzker, Jason) (Entered: 05/24/2012) | ||
| 2012-05-24 | 20 | 0 | Certificate of Service | CERTIFICATE OF SERVICE by Malibu Media, LLC re 16 Order,, 15 Order, (Kotzker, Jason) (Entered: 05/24/2012) | ||
| 2012-05-29 | 21 | 0 | Motion for Leave to Appear Pro Hac Vice | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5509727. by Malibu Media, LLC. (Attachments: # 1 Declaration of Michael Keith Lipscomb In Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order) (Lipscomb, Michael) (Entered: 05/29/2012) | ||
| 2012-05-30 | 22 | 0 | Notice of Appearance | NOTICE of Appearance by Michael K. Lipscomb on behalf of Malibu Media, LLC (notification declined or already on case) (Lipscomb, Michael) (Entered: 05/30/2012) | 2012-09-27 17:30:24 | efefa175903890e9eb96420583aca2cd8aa3b8c4 |
| 2012-06-01 | 23 | 0 | Notice(Other) | NOTICE by Malibu Media, LLC of Filing Decisional Authority Regarding Anonymous Movants (Attachments: # 1 Supplement) (Lipscomb, Michael) (Entered: 06/01/2012) | ||
| 2012-06-01 | 24 | 0 | Mail Returned | Mail Returned as Undeliverable. Mail sent to John Doe (Padilla, Kristin) (Entered: 06/01/2012) | ||
| 2012-06-05 | 25 | 0 | Certificate of Service | CERTIFICATE OF SERVICE by John Doe pr se of ORR by M.J. Brown served on all parties on 6/5/12 (Bollbach, Jean) (Entered: 06/08/2012) | ||
| 2012-06-19 | 26 | 0 | ORDER re 8 MOTION for Protective Order MOTION to Quash filed by John Does 1-13, REPORT AND RECOMMENDATIONS re 8 MOTION for Protective Order MOTION to Quash filed by John Does 1-13: John Doe's motion to quash or for a protective order is denied, without prejudice to renewal within thirty (30) days of being served with a copy of the Summons and Complaint in this action. The Order dated May 12, 2012, which stayed enforcement of the subpoenas issued by plaintiff, is vacated and the ISP's are directed to turn over the requested identifying information within fourteen (14) days of the date of this Order. With respect to that portion of the motion that requests dismissal and/or severance of this action for improper joinder, I recommend that it be denied, with leave to renew after service of process is complete as to any defendant. (Objections to R&R due by 7/6/2012). So Ordered by Magistrate Judge E. Thomas Boyle on 6/19/2012. (Minerva, Deanna) (Entered: 06/19/2012) | 2012-06-20 08:52:47 | 772b88a0c1bb894bb22c9a1a0d80722ba45117b9 | |
| 2012-06-20 | 27 | 0 | NOTICE of Voluntary Dismissal by Malibu Media, LLC of John Doe 10 and 12 (Kotzker, Jason) (Entered: 06/20/2012) | |||
| 2012-07-03 | 28 | 0 | MOTION to Continue Scheduling Conference, MOTION for Extension of Time to File Summons and Serve Doe Defendants by Malibu Media, LLC. (Attachments: # 1 Proposed Order) (Kotzker, Jason) (Entered: 07/03/2012) | |||
| 2012-08-06 | 29 | 0 | NOTICE by Malibu Media, LLC of Voluntary Dismissal Without Prejudice of Does 8, 9, 11, and 13 Only (Kotzker, Jason) (Entered: 08/06/2012) | |||
| 2012-08-06 | 30 | 0 | Second MOTION for Extension of Time to File Summons and Serve Defendants with Complaint by Malibu Media, LLC. (Attachments: # 1 Proposed Order) (Kotzker, Jason) (Entered: 08/06/2012) | |||
| 2012-08-27 | 31 | 0 | Third MOTION for Extension of Time to File Summons and Serve Defendants with Complaint by Malibu Media, LLC. (Attachments: # 1 Proposed Order) (Kotzker, Jason) (Entered: 08/27/2012) | |||
| 2012-08-27 | 32 | 0 | MOTION for Order to Show Cause by Malibu Media, LLC. (Attachments: # 1 Exhibit A) (Kotzker, Jason) (Entered: 08/27/2012) | 2012-09-25 23:57:47 | 72a8a57904f37ef00c999c157654f4b7f71a6cb8 | |
| 32 | 1 | Exhibit A | 2012-09-28 16:43:17 | f9b1a473881ad673fbd52f6a6b55df03f07b7a58 | ||
| 2012-09-14 | 33 | 0 | ORDER granting 32 Motion for Order to Show Cause: Cablevision is directed to show cause, in writing, why it should not be held in contempt of court for failure to comply with plaintiff's Rule 45 subpoena served on April 10, 2012. Cablevision's written response and supporting memorandum of law shall be filed on or before September 28, 2012. Plaintiff's reply, if any, shall be filed by October 5, 2012. Oral argument shall be heard on October 10, 2012 at 11:00 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. Plaintiff's counsel is directed to personally serve a copy of this Order on Cablevision upon receipt. So Ordered by Magistrate Judge E. Thomas Boyle on 9/14/2012. (Minerva, Deanna) (Entered: 09/14/2012) | 2012-09-27 17:26:24 | 8ef097febfb7fb732a05f39e2ccceb0a3d2a2e9d | |
| 2012-09-26 | 34 | 0 | Fourth MOTION for Extension of Time to File Summons and Serve Defendants with Summons and Complaint by Malibu Media, LLC. (Attachments: # 1 Proposed Order) (Kotzker, Jason) (Entered: 09/26/2012) | |||
| 2012-09-28 | 35 | 0 | NOTICE of Appearance by Kenneth M. Dreifach on behalf of CSC Holdings LLC (aty to be noticed) (Dreifach, Kenneth) (Entered: 09/28/2012) | |||
| 2012-09-28 | 36 | 0 | RESPONSE TO ORDER TO SHOW CAUSE by CSC Holdings LLC (Attachments: # 1 Exhibit A, # 2 Affidavit) (Dreifach, Kenneth) (Entered: 09/28/2012) | |||
| 2012-10-05 | 37 | 0 | REPLY in Support re 36 Response to Order to Show Cause filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 10/05/2012) | 2012-10-15 01:39:21 | 243fd26bafdd8aa0af7c3801a6b88eedc5e9be87 | |
| 2012-10-09 | 38 | 0 | Letter by Malibu Media, LLC (Kotzker, Jason) (Entered: 10/09/2012) | 2013-03-06 13:17:14 | 16db724414f19efefac8186d293efcd3fab81ed5 | |
| 2012-10-25 | 39 | 0 | REPLY in Support Motion to Quash Subpoena, Motion for Protective Order and Motion to be severed by Defendant John Doe #5 filed by John Doe #5. (Patel, Yogendra) Modified filer on 2/13/2013 (Mahon, Cinthia). (Entered: 10/25/2012) | |||
| 2012-10-26 | 40 | 0 | NOTICE of Voluntary Dismissal by Malibu Media, LLC of John Does 1, 2, 3, 4, 6, and 7 (Kotzker, Jason) (Entered: 10/26/2012) | |||
| 2013-01-03 | 41 | 0 | MOTION to Adjourn Conference and Extension of Time in which to Serve Defendant with Summons and Complaint by Malibu Media, LLC. (Attachments: # 1 Proposed Order) (Kotzker, Jason) (Entered: 01/03/2013) | |||
| 2012-10-09 | 42 | 0 | MOTION to Quash Subpoena, MOTION for Protective Order , MOTION to Sever from case 12cv1156 (JFB/ETB) by John Doe #5. (Attachments: # 1 Notice of Motion) (Mahon, Cinthia) (Entered: 02/21/2013) | |||
| 2012-10-16 | 43 | 0 | RESPONSE to Motion re 42 MOTION to Quash Subpoena, MOTION for Protective Order , MOTION to Sever from case 12cv1156 (JFB/ETB) filed by Malibu Media, LLC. (previously filed as doc. #2 on 12mc632). (Mahon, Cinthia) (Entered: 02/21/2013) | |||
| 2013-02-15 | 44 | 0 | Minute Entry for proceedings held before Judge Joseph F. Bianco: Counsel for all sides present. Telephone Pre Motion Conference held on 2/15/2013 at 1:58 p.m. Decision made on the record. Denying the motion to quash subpoena.(Tape #FTR 1:58-2:08.) (Mahon, Cinthia) (Entered: 02/21/2013) | |||
| 2013-02-20 | 45 | 0 | ORDER: For the reasons set forth on the record on February 15, 2013, (1) the motion to quash the subpoena is denied; (2) the motion for a protective order preventing plaintiff from obtaining further discovery as to Doe #5 is denied; (3) the motion for a protective order to prevent the public disclosure of Doe #5's name on the public docket is granted; and (4) the motion for severance is denied as moot. Therefore, any objections to the Report and Recommendation are moot. Ordered by Judge Joseph F. Bianco on 2/20/2013. c/m by ecf. (Mahon, Cinthia) (Entered: 02/21/2013) |