| Court: | nysd |
| Docket #: | 1:12-cv-02960 |
| Case Name: | Malibu Media, Inc. v. John Does 1-4 |
| PACER case #: | 394977 |
| Date filed: | 2012-04-13 |
| Date terminated: | 2012-10-22 |
| Assigned to: | Judge Naomi Reice Buchwald |
| Case Cause: | 15:1051 Trademark Infringement |
| Nature of Suit: | 840 Trademark |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media, Inc. Plaintiff |
Jason Aaron Kotzker |
| John Does 1-4 Defendant TERMINATED: 07/23/2012 |
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| John Does 3 Defendant also known asJohn Does 1-3 |
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| John Doe #4 Defendant TERMINATED: 07/23/2012 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-13 | 1 | 0 | COMPLAINT against John Does 1-4. (Filing Fee $ 350.00, Receipt Number 46540107003095)Document filed by Malibu Media, Inc..(rdz) (Additional attachment(s) added on 4/20/2012: # 1 Ex a, # 2 ex b, # 3 ex c, # 4 ex d) (ama). (Entered: 04/18/2012) | |||
| 2012-04-13 | 2 | 0 | STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) (Entered: 04/18/2012) | |||
| 2012-04-23 | 3 | 0 | NOTICE OF CHANGE OF ADDRESS by Jason Aaron Kotzker on behalf of Malibu Media, Inc.. New Address: Kotzker Law Group, 9609 S. University Blvd., #632134, Highlands Ranch, CO, US 80163, 303-875-5386. (Kotzker, Jason) (Entered: 04/23/2012) | |||
| 2012-04-25 | 4 | 0 | MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE. Document filed by Malibu Media, Inc.. (Attachments: # 1 Text of Proposed Order)(Kotzker, Jason) (Entered: 04/25/2012) | |||
| 2012-04-25 | 5 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 4 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, Inc.. (Attachments: # 1 Exhibit A: DECLARATION OF TOBIAS FIESER, # 2 Exhibit A TO DECLARATION OF FIESER, # 3 Exhibit B TO DECLARATION OF FIESER)(Kotzker, Jason) Modified on 4/26/2012 (ldi). (Entered: 04/25/2012) | |||
| 2012-05-01 | 6 | 0 | ORDER granting 4 Motion, to the following extent provided . Plaintiff is allowed to conduct immediate discovery on the ISPs listed in Exhibit A to the Complaint with a subpoena under FRCP 45 seeking information sufficient to identify each Doe defendant, and as further set forth in this document. Plaintiff shall provide each subpoenaed ISP with a copy of this Order. (Signed by Judge Naomi Reice Buchwald on 4/30/2012) Copies Mailed By Chambers. (cd) (Entered: 05/01/2012) | |||
| 2012-05-07 | 7 | 0 | ORDER: This case was improperly categorized on the Civil Cover Sheet and was therefore improperly added to the Pilot project for Complex Civil Cases and therefore should be removed therefrom. (Signed by Judge Naomi Reice Buchwald on 5/4/2012) (cd) (Entered: 05/08/2012) | |||
| 2012-05-08 | 8 | 0 | MEMORANDUM OF LAW in Support re: 4 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, Inc.. (Kotzker, Jason) (Entered: 05/08/2012) | |||
| 2012-05-08 | 9 | 0 | DECLARATION of Tobias Fieser in Support re: 4 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kotzker, Jason) (Entered: 05/08/2012) | |||
| 2012-07-02 | 10 | 0 | MOTION TO SEVER DISMISS AND FOR PROTECTIVE ORDER AND OR TO QUASH SUBPOENA: Document filed by John Does 1-4.(js) (Entered: 07/10/2012) | |||
| 2012-07-17 | 11 | 0 | MEMORANDUM OF LAW in Opposition re: 10 MOTION to Quash Subpoena. MOTION for Protective Order.. Document filed by Malibu Media, Inc.. (Attachments: # 1 Exhibit A)(Kotzker, Jason) (Entered: 07/17/2012) | |||
| 2012-07-18 | 12 | 0 | ORDER: It is hereby ORDERED that John Doe #3 must submit a formal motion to the Court to proceed anonymously and must accompany that motion with a completed Contact Information Form, which will be viewed by the Court only and is attached to this Order, and it is further ORDERED that John Doe #3 may mail or fax the motion to proceed anonymously and accompanying Contact Information Form directly to the Court's chambers, and it is further ORDERED that failure to submit the ordered motion and accompanying Contact Information Form within 60 days will result in a denial of the motion to sever and dismiss; and it is further ORDERED that plaintiff shall promptly transmit a copy of this Order to the relevant Internet Service Provider (ISP), who shall promptly transmit a copy to John Doe #3. (Signed by Judge Naomi Reice Buchwald on 7/18/2012) Copies Mailed By Chambers. (lmb) (Entered: 07/18/2012) | |||
| 2012-07-19 | 13 | 0 | NOTICE of Settlement with John Doe 4 and Notice of Voluntary Dismissal With Prejudice of John Doe 4. Document filed by Malibu Media, Inc.. (Kotzker, Jason) (Entered: 07/19/2012) | |||
| 2012-07-23 | 14 | 0 | PLAINTIFF'S NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE OF JOHN DOE 4 ONLY: PLEASE TAKE NOTICE, Plaintiff has settled this matter with John Doe 4 ("Defendant"). Pursuant to the settlement agreement's terms, Plaintiff hereby voluntarily dismisses Defendant from this action with prejudice. John Doe 4 was assigned the IP Address 173.68.112.61. For the avoidance of doubt, Plaintiff is not voluntarily dismissing any other Defendant. Pursuant to Fed.R.Civ.P. 4l(a)(l)(A)(i) Defendant John Doe 4 has neither answered Plaintiffs Complaint nor filed a motion for summary judgment. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/20/2012) (ama) (Entered: 07/23/2012) | |||
| 2012-08-13 | 15 | 0 | DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) John Does 1-3. Document filed by Malibu Media, Inc.. (Kotzker, Jason) Modified on 8/14/2012 (dt). (Entered: 08/13/2012) | |||
| 2012-08-13 | 16 | 0 | MOTION for Extension of Time Within Which to Effectuate Service on Doe Defendants. Document filed by Malibu Media, Inc.. (Attachments: # 1 Text of Proposed Order)(Kotzker, Jason) (Entered: 08/13/2012) | |||
| 2012-08-15 | 17 | 0 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF JOHN DOES 1 AND 2 ONLY: Plaintiff hereby voluntarily dismisses John Doe Defendants 1 and 2, from this action without prejudice. (Signed by Judge Naomi Reice Buchwald on 8/15/2012) (pl) (Entered: 08/15/2012) | |||
| 2012-08-15 | 18 | 0 | ORDER ON PLAINTIFF'S FIRST MOTION FOR EXTENSION OF TIME WITHIN WITHIN WHICH IT HAS TO EFFECTUATE SERVICE ON DOE DEFENDANT: Plaintiffs Motion is granted. Plaintiff shall have until September 13, 2012 to effectuate service of a summons and Complaint upon the remaining defendant. granting 16 Motion for Extension of Time Service due by 9/13/2012.. (Signed by Judge Naomi Reice Buchwald on 8/15/2012) (pl) (Entered: 08/15/2012) | 2012-08-20 16:17:45 | 99727cc9c069e0064bc285147fac954a7cccbcf5 | |
| 2012-09-18 | 19 | 0 | MOTION TO PROCEED ANONYMOUSLY. Document filed by John Doe 3.(rjm) (Entered: 09/21/2012) | |||
| 2012-09-28 | 21 | 0 | RESPONSE to Motion re: 19 MOTION TO PROCEED ANONYMOUSLY.. Document filed by Malibu Media, Inc.. (Kotzker, Jason) (Entered: 09/28/2012) | |||
| 2012-10-02 | 22 | 0 | MEMO ENDORSEMENT on re: 19 MOTION TO PROCEED ANONYMOUSLY. ENDORSEMENT: As plaintiff does not object. The motion by defendant to proceed anonymously is granted and defendants identifying information is filed under seal. (Signed by Judge Naomi Reice Buchwald on 10/2/2012) (jfe) (Entered: 10/03/2012) | |||
| 2012-10-01 | 23 | 0 | SECOND MOTION to Dismiss. Document filed by John Does 3. (lnl) (Entered: 10/05/2012) | |||
| 2012-10-09 | 24 | 0 | DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Malibu Media, Inc.. Document filed by Malibu Media, Inc.. (Kotzker, Jason) Modified on 10/10/2012 (ml). (Entered: 10/09/2012) | |||
| 2012-10-22 | 25 | 0 | PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF JOHN DOE 3 ONLY: PLEASE TAKE NOTICE, Plaintiff hereby voluntarily dismisses Defendant, John Doe 3 ("Defendant"), from this action without prejudice. Defendant was assigned IP address 69.119.234.123. Pursuant to Fed.R.Civ.P. 41(a)(l)(A)(i) Defendant has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. (Signed by Judge Naomi Reice Buchwald on 10/19/2012) (lmb) (Entered: 10/22/2012) |