| Court: | flmd |
| Docket #: | 2:11-cv-00358 |
| Case Name: | Patrick Collins, Inc. v. John Does 1-57 |
| PACER case #: | 259883 |
| Date filed: | 2011-06-24 |
| Date terminated: | 2012-06-28 |
| Date of last filing: | 2012-06-26 |
| Assigned to: | Judge Unassigned Judge |
| Referred to: | Magistrate Judge Sheri Polster Chappell |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Patrick Collins, Inc. Plaintiff TERMINATED: 09/30/2011 |
Alexander Oscar Lian |
| John Does 1-57 Defendant |
|
| K-Beech, Inc. Plaintiff |
Alexander Oscar Lian |
| John Doe #6 Defendant I.P. 68.56.177.59 |
|
| John Doe 47 Defendant |
|
| John Doe 34 n/k/a David Colby Defendant |
|
| John Doe 38 n/k/a Marcos Figueroa Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-06-24 | 1 | 0 | Complaint | COMPLAINT against John Does 1-57 with Jury Demand (Filing fee $ 350 receipt number FTM001511) filed by Patrick Collins, Inc.. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(SPB) (Entered: 06/28/2011) | 2011-09-08 16:12:51 | d231567c44a10563e9e6397b8939908d722f09e0 |
| 1 | 1 | Exhibit | 2011-08-12 02:54:55 | 30cda0c9a7ac4fa04b33f33e5d7edbdbd5682dd2 | ||
| 1 | 2 | Civil Cover Sheet | ||||
| 2011-06-24 | 2 | 0 | Motion for miscellaneous relief | MOTION for miscellaneous relief, specifically for leave to serve third party subpoenas prior to a Rule 26(f) conference and incorporated memorandum of law by Patrick Collins, Inc.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(SPB) (Entered: 06/28/2011) | ||
| 2011-06-24 | 3 | 0 | Notice (Other) | NOTICE of filing of the Declaration of Tobias Fieser in Support 2 MOTION for miscellaneous relief, specifically for leave to serve third party subpoenas prior to a Rule 26(f) conference and incorporated memorandum of law of by Patrick Collins, Inc. (SPB) (Entered: 06/28/2011) | ||
| 2011-06-28 | 4 | 0 | Standing Order re: 25 pages | STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 12/7/09. (SPB) (Entered: 06/28/2011) | ||
| 2011-06-29 | 5 | 0 | Order on Motion for Miscellaneous Relief | ORDER granting 2 Motion for leave to serve third party subpoenas. PLEASE SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Sheri Polster Chappell on 6/29/2011. (LAF) (Entered: 06/29/2011) | ||
| 2011-07-05 | 6 | 0 | Related case order and notice of designation of track 2 | RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/19/2011. Signed by All Divisional Judges on 7/5/2011. (LMH) (Entered: 07/05/2011) | ||
| 2011-07-05 | 7 | 0 | Interested persons order | INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 7/19/2011. Signed by All Divisional Judges on 7/5/2011. (LMH) (Entered: 07/05/2011) | ||
| 2011-07-08 | 8 | 0 | Notice of pendency of related cases | NOTICE of pendency of related cases re 6 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Patrick Collins, Inc.. Related case(s): yes (Lian, Alexander) (Entered: 07/08/2011) | ||
| 2011-07-08 | 9 | 0 | Certificate of interested persons and corporate disclosure statement | CERTIFICATE of interested persons and corporate disclosure statement re 7 Interested persons order by Patrick Collins, Inc.. (Lian, Alexander) (Entered: 07/08/2011) | ||
| 2011-07-08 | 10 | 0 | Notice (Other) | NOTICE by Patrick Collins, Inc. of Change of Firm Name (Lian, Alexander) (Entered: 07/08/2011) | ||
| 2011-09-26 | 11 | 0 | Motion to quash | MOTION to quash subpoena directed to the ISP Carrier, Verizon, MOTION for protective order limiting the disclosures by the ISP, MOTION to dismiss complaint for lack of jurisdiction by John Doe 52 ISP address: 96.228.186.170. (MAL) Motions referred to Magistrate Judge Sheri Polster Chappell. Modified text on 9/28/2011 (MAL). (Entered: 09/26/2011) | 2011-09-27 10:27:40 | c6b9123b77b8c8d6bfb04205d7dc619997ca7f5f |
| 2011-09-28 | 12 | 0 | Amended complaint | AMENDED COMPLAINT against John Does 1-57 with Jury Demand filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lian, Alexander) (Entered: 09/28/2011) | ||
| 2011-10-03 | 13 | 0 | Motion to quash | MOTION to quash by John Doe #6. (SPB) (Entered: 10/06/2011) | ||
| 2011-10-13 | 14 | 0 | Motion to extend time | MOTION to extend time to Respond to Motion to Dismiss by K-Beech, Inc.. (Lian, Alexander) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 10/13/2011) | ||
| 2011-10-13 | 15 | 0 | Order on motion to extend time | ENDORSED ORDER granting 14 Plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss. For good cause shown, the Plaintiff shall have up to and including October 24, 2011 to respond to Defendant John Doe #52's Motion to Dismiss. Signed by Magistrate Judge Sheri Polster Chappell on 10/13/2011. (BLW) (Entered: 10/13/2011) | ||
| 2011-10-17 | 16 | 0 | Notice of Settlement | NOTICE of Settlement and Voluntary Dismissal With Prejudice of Does 8, 48 and 51 Only by K-Beech, Inc. (Lian, Alexander) (Entered: 10/17/2011) | ||
| 2011-10-17 | 17 | 0 | Order | ORDER approving 16 Plaintiff's Notice of Settlement and Voluntary Dismissal With Prejudice of Does 8, 48 and 51 ONLY. This cause is dismissed, with prejudice, as to John Does 8, 48 and 51 whose IP Addresses are 68.56.243.133, 72.91.146.175 and 72.91.226.11 respectively, ONLY. The Clerk is directed to terminate any pending motions and deadlines, enter judgment accordingly, and CLOSE this case as to John Does 8, 48 and 51, ONLY. Signed by Judge Charlene E. Honeywell on 10/17/2011. (BGS) (Entered: 10/17/2011) | ||
| 2011-10-17 | 18 | 0 | Order on motion to quash | ORDER denying 13 the Defendant, John Doe # 6's Motion to Quash. Signed by Magistrate Judge Sheri Polster Chappell on 10/17/2011. (LMH) (Entered: 10/17/2011) | ||
| 2011-10-17 | 19 | 0 | Judgment | JUDGMENT (Signed by Deputy Clerk) (RMT) (Entered: 10/18/2011) | ||
| 2011-10-20 | 20 | 0 | Motion to extend time | MOTION to extend time to Serve Summons and Complaint on Doe Defendants by K-Beech, Inc.. (Lian, Alexander) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 10/20/2011) | ||
| 2011-10-20 | 21 | 0 | Order on motion to extend time | ENDORSED ORDER granting 20 Plaintiff's Motion to Extend Time Period for Service of Summons and Complaint on Doe Defendants. For good cause shown, Plaintiff shall have up to and including December 8, 2011 to serve the Doe Defendants with a summons and complaint in this matter. Signed by Magistrate Judge Sheri Polster Chappell on 10/20/2011. (BLW) (Entered: 10/20/2011) | ||
| 2011-10-24 | 22 | 0 | Memorandum in opposition | MEMORANDUM in opposition re 11 Motion to quashMotion for protective orderMotion to dismiss filed by K-Beech, Inc.. (Attachments: # 1 Exhibit 1)(Lian, Alexander) (Entered: 10/24/2011) | ||
| 2011-11-01 | 23 | 0 | Report and recommendation | REPORT AND RECOMMENDATION re 11 MOTION to quash subpoena directed to the ISP Carrier, Verizon MOTION for protective order MOTION to dismiss complaint for lack of jurisdiction filed by John Does 1-57. It is respectfully recommended Plaintiff's Motion to Quash, Motion for Protective Order, and Motion to Dismiss Complaint by John Doe #52 with ISP #96.228.186.170 (Doc. #11) be DENIED. Signed by Magistrate Judge Sheri Polster Chappell on 11/1/2011. (LMH) (Entered: 11/01/2011) | ||
| 2011-11-17 | 24 | 0 | Order Adopting Report and Recommendations | ORDER adopting 23 Report and Recommendation of the Magistrate Judge. The Report and Recommendation is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appeallate review. Defendant John Doe #52's Motion to Quash, Motion for Protection, and Motion to Dismiss Complaint 11 is DENIED. Signed by Judge Charlene E. Honeywell on 11/17/2011. (BGS) (Entered: 11/17/2011) | 2011-11-18 08:42:13 | 1051038efc0eddc4e12ca4bb49fee558c97024d5 |
| 2011-11-18 | 25 | 0 | Notice of Settlement | NOTICE of Settlement and Voluntary Dismissal With Prejudice of Doe 46 Only by K-Beech, Inc. (Lian, Alexander) (Entered: 11/18/2011) | ||
| 2011-11-21 | 26 | 0 | Order | ORDER approving 25 Plaintiff's Notice of Settlement and Voluntary Dismissal With Prejudice of Doe 46 Only. This cause is dismissed, with prejudice, as to John Doe 46, IP address 72.77.209.113, ONLY. The Clerk is directed to enter judgment accordingly as to John Doe 46 ONLY. Signed by Judge Charlene E. Honeywell on 11/21/2011. (BGS) (Entered: 11/21/2011) | ||
| 2011-11-22 | 27 | 0 | Judgment | JUDGMENT, dismissing John Doe 46, IP address 72.77.209.113 ONLY. (Signed by Deputy Clerk) (SPB) (Entered: 11/22/2011) | ||
| 2011-12-06 | 28 | 0 | Summons issued | Summons issued as to John Does #14 n/k/a Chris Pentz, #31 n/k/a James J. Howard, #34 n/k/a David Colby, #42 n/k/a James Hambric, #38 n/k/a Marcos Figueroa. (ARC) (Entered: 12/06/2011) | ||
| 2011-12-06 | 29 | 0 | Motion to extend time | Second MOTION to extend time to Serve Summons and Complaint on Doe Defendants by Seven Days by K-Beech, Inc.. (Lian, Alexander) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 12/06/2011) | ||
| 2011-12-06 | 30 | 0 | Order on motion to extend time | ENDORSED ORDER granting 29 Plaintiff's Motion to Extend Time Period for Service of Summons and Complaint on Doe Defendants. For good cause shown, Plaintiff shall have up to and including December 15, 2011 to serve the Doe Defendants with a summons and complaint in this matter. Signed by Magistrate Judge Sheri Polster Chappell on 12/6/2011. (BLW) (Entered: 12/06/2011) | ||
| 2011-12-08 | 31 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal With Prejudice of Doe 47 Only by K-Beech, Inc. (Lian, Alexander) (Entered: 12/08/2011) | ||
| 2011-12-09 | 32 | 0 | Order dismissing case | ORDER dismissing case. Plaintiff's Notice of Voluntary Dismissal With Prejudice of Doe 47 Only is APPROVED 31 . This cause is dismissed, with prejudice, as to John Doe 47, only, whose IP Address is 72.91.101.14. The Clerk is directed to enter judgment accordingly as to John Doe 47 only. Signed by Judge Charlene E. Honeywell on 12/9/2011. (BGS) (Entered: 12/09/2011) | ||
| 2011-12-14 | 33 | 0 | Judgment | JUDGMENT dismissing with prejudice, as to John Doe 47 only. (Signed by Deputy Clerk) (SPB) (Entered: 12/14/2011) | ||
| 2011-12-15 | 34 | 0 | Compliance notice | NOTICE of compliance re 6 Related case order and notice of designation of track 2 by K-Beech, Inc. (Lian, Alexander) (Entered: 12/15/2011) | ||
| 2011-12-15 | 35 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Does 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 49, 50, 52, 53, 54, 55, 56, and 57 by K-Beech, Inc. (Lian, Alexander) (Entered: 12/15/2011) | ||
| 2011-12-15 | 36 | 0 | Order | ORDER approving 35 Plaintiff's Notice of Voluntary Dismissal Without Prejudice. This cause is dismissed, without prejudice, as to Does 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 49, 50, 52, 53, 54, 55, 56, and 57, ONLY, who were assigned the IP Addresses listed on Exhibit A. The Clerk is directed to enter judgment accordingly at to Does 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 49, 50, 52, 53, 54, 55, 56, and 57 ONLY. Signed by Judge Charlene E. Honeywell on 12/15/2011. (Attachments: # 1 Exhibit A)(BGS) (Entered: 12/15/2011) | ||
| 2011-12-19 | 37 | 0 | Notice (Other) | NOTICE by K-Beech, Inc. of Filing Proof of Service (Lian, Alexander) (Entered: 12/19/2011) | ||
| 2011-12-19 | 38 | 0 | Notice (Other) | NOTICE by K-Beech, Inc. of Filing Proof of Service (Lian, Alexander) (Entered: 12/19/2011) | ||
| 2011-12-20 | 39 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal With Prejudice of Doe 31 Only by K-Beech, Inc. (Lian, Alexander) (Entered: 12/20/2011) | ||
| 2011-12-20 | 40 | 0 | Judgment | JUDGMENT dismissing, without prejudice, as to Does 1, 2, 3, 4, 5, 6, 7, 9, 10,11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32,33, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 49, 50, 52, 53, 54, 55, 56, and 57,only. (Signed by Deputy Clerk) (SPB) (Entered: 12/20/2011) | 2012-01-23 13:54:01 | 5a09eeeb2f564645c89a9219acf859881be1789d |
| 2011-12-21 | 41 | 0 | Order | ORDER approving 39 Plaintiff's Notice of Voluntary Dismissal With Prejudice of Doe 31 Only. This cause is dismissed, with prejudice, as to John Doe 31 whose IP Address is 76.5.24.142, only. The Clerk is directed to terminate any pending motions and deadlines and enter judgment accordingly as to John Doe 31, ONLY. Signed by Judge Charlene E. Honeywell on 12/21/2011. (BGS) (Entered: 12/21/2011) | ||
| 2011-12-22 | 42 | 0 | Judgment | JUDGMENT dismissing, with prejudice as to John Doe 31, only. (Signed by Deputy Clerk) (SPB) (Entered: 12/22/2011) | ||
| 2012-01-17 | 43 | 0 | Motion for entry of clerk's default | MOTION for entry of clerk's default against John Doe 34 n/k/a David Colby, John Doe 38 n/k/a Marcos Figueroa Pursuant to Fed. R. Civ. P. 55(a) by K-Beech, Inc.. (Lian, Alexander) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 01/17/2012) | ||
| 2012-01-18 | 44 | 0 | Order on motion for entry of default | ORDER granting 43 the Plaintiff K-Beech, Inc.'s Motion for Entry of Clerks Default Pursuant to Fed. R. Civ. P. 55(a) Against Defendants, John Doe 34 n/k/a David Colby and John Doe 38 n/ka Marcos Figueroa. (1) The Clerk of the Court is hereby directed to enter a Clerks Default against the Defendant David Colby f/n/a John Doe 34. (2) The Clerk of the Court is hereby directed to enter a Clerk's Default against the Defendant Marcos Figueroa f/n/a John Doe 38. Signed by Magistrate Judge Sheri Polster Chappell on 1/18/2012. (LMH) (Entered: 01/18/2012) | ||
| 2012-01-20 | 45 | 0 | Clerk's entry of default | CLERK'S ENTRY OF DEFAULT as to John Doe 34 n/k/a David Colby, John Doe 38 n/k/a Marcos Figueroa (SPB) (Entered: 01/20/2012) | ||
| 2012-02-03 | 46 | 0 | Motion for default judgment | MOTION for default judgment against John Doe 34 n/k/a David Colby, John Doe 38 n/k/a Marcos Figueroa by K-Beech, Inc.. (Lian, Alexander) (Entered: 02/03/2012) | ||
| 2012-02-03 | 47 | 0 | Memorandum in support | MEMORANDUM in support re 46 Motion for default judgment filed by K-Beech, Inc.. (Lian, Alexander) (Entered: 02/03/2012) | ||
| 2012-02-07 | 48 | 0 | Motion for miscellaneous relief | MOTION for miscellaneous relief, specifically to be Excused from Filing Case Management Report by K-Beech, Inc.. (Lian, Alexander) (Entered: 02/07/2012) | ||
| 2012-02-10 | 49 | 0 | Order on Motion for Miscellaneous Relief | ORDER granting in part and denying in part 48 Plaintiff's Motion to be Excused from Filing Case Management Report. Plaintiff's Counsel's request to be excused from holding a scheduling conference in this matter is GRANTED. Counsel's request to be excused from filing a case management report is DENIED. Counsel shall have up to and including February 17, 2012 to file a Case Management Report. Signed by Magistrate Judge Sheri Polster Chappell on 2/10/2012. (LMH) (Entered: 02/10/2012) | 2012-02-11 08:45:39 | 5aec25dff09e12fd052d23af1a70dcd590bd5507 |
| 2012-02-17 | 50 | 0 | Case Management Report | CASE MANAGEMENT REPORT. (Lian, Alexander) (Entered: 02/17/2012) | 2012-05-25 14:22:41 | 677f89f8e335960417c434a056248db7af385aab |
| 2012-02-27 | 51 | 0 | Order | ORDER: If all parties desire to consent, this form must be filed with the Clerk on or before March 12, 2012. If not received by this time, this case will be placed on the District Judge's calendar. Signed by Judge Charlene Edwards Honeywell on 2/27/2012. (LAF) (Entered: 02/27/2012) | ||
| 2012-03-19 | 52 | 0 | Case management and scheduling order | CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/1/2012, Joinder of Parties due by 5/1/2012, Discovery due by 8/1/2012, Dispositive motions due by 9/4/2012, Pretrial statement due by 1/2/2013, All other motions due by 1/2/2013, Plaintiff disclosure of expert report due by 6/1/2012, Defendant disclosure of expert report due by 7/2/2012, Final Pretrial Conference set for 1/22/2013 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge Unassigned Judge, Jury Trial set for term commencing 2/4/2013 before Judge Unassigned Judge, Conduct mediation hearing by 8/15/2012. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 3/19/2012. (LAF) (Entered: 03/19/2012) | ||
| 2012-06-13 | 53 | 0 | Order | |||
| 2012-06-13 | 54 | 0 | Notice of Hearing on Motion | |||
| 2012-06-15 | 55 | 0 | Motion for miscellaneous relief | |||
| 2012-06-20 | 56 | 0 | Notice of Hearing | |||
| 2012-06-20 | 57 | 0 | Order on Motion for Miscellaneous Relief | ORDER granting 55 Plaintiff's Motion to Reschedule Hearing on Motion for Default Judgment against John Doe 34 n/k/a David Colby, John Doe 38 n/k/a Marco Figueroa. The hearing previously set for June 28, 2012 at 9:00 a.m. is CANCELLED. The C lerk of Court is directed to remove the hearing from the Courts calendar and note the cancellation on the docket. The hearing on Plaintiffs Motion for Default Judgment 46 is rescheduled for July 9, 2012 at 1:30 p.m. before the undersigned in Court room 5D at the United States Courthouse and Federal Building, 2110 First Street, Fort Myers, Florida 33901. Plaintiff shall have up to and including July 2, 2012 to submit affidavits, declarations, or other evidence to the Court in support of its damages and attorneys fees and costs claims.. Signed by Magistrate Judge Sheri Polster Chappell on 6/20/2012. (LMH) | 2012-06-21 08:02:15 | d72c92e03735e92fe28844e97d1ee829cda86277 |
| 2012-06-20 | 58 | 0 | Notice of Hearing on Motion | |||
| 2012-06-21 | 59 | 0 | Motion to Appear Telephonically | |||
| 2012-06-22 | 60 | 0 | Order on Motion to Appear Telephonically | |||
| 2012-06-25 | 61 | 0 | Notice of Voluntary Dismissal | |||
| 2012-06-25 | 62 | 0 | Notice of Voluntary Dismissal | |||
| 2012-06-26 | 63 | 0 | Order | |||
| 2012-06-26 | 64 | 0 | Order dismissing case |