Case details

Court: mad
Docket #: 1:12-cv-10758
Case Name: Patrick Collins, Inc. v. Does 1 - 36
PACER case #: 143650
Date filed: 2012-04-28
Date of last filing: 2012-08-07
Assigned to: Judge George A. OToole, Jr
Referred to: Ch. Magistrate Judge Leo T. Sorokin
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Patrick Collins, Inc.
Plaintiff
Marvin N. Cable
Law Offices of Marvin Cable PO Box 1630 Northampton, MA 01061 413-268-6500 Fax: 413-268-6500 Email: law@marvincable.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Does 1 - 36
Defendant
John Doe No. 21
Defendant
Jedd L. Hall
PO Box 144 Lenox Dale, MA 01242 413-329-4339 Fax: 413-499-6349 Email: jhall.law@roadrunner.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe No. 18
Defendant
John Doe
Defendant
Jedd L. Hall
PO Box 144 Lenox Dale, MA 01242 413-329-4339 Fax: 413-499-6349 Email: jhall.law@roadrunner.com
ATTORNEY TO BE NOTICED

John Doe 9
Defendant
John Doe 9
PRO SE

Doe 19
Defendant
Catherine I. Rajwani
The Harbor Law Group 300 West Main Street Building A, Unit 1 Northborough, MA 01532 508-393-9244 Fax: 508-393-9245 Email: crajwani@harborlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Doe No. 26
Defendant
Lauren M. Wilton
Attorney at Law 8 Mill Pond Circle Milford, MA 01757-1272 508-377-4722 Email: lmwilton@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 15
Defendant
TERMINATED: 07/30/2012
John Doe 17
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-04-28 1 0 Complaint COMPLAINT against Does 1 - 36 Filing fee: $ 350, receipt number 0101-3921000 (Fee Status: Filing Fee paid), filed by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Cable, Marvin) (Entered: 04/28/2012)
1 1 Exhibit A 2012-05-25 19:52:53 1636c602d0f611b99782c6e2b450fb97c1a19cda
1 2 Exhibit B
1 3 Exhibit C
1 4 Exhibit D
1 5 Civil Cover Sheet
2012-04-28 2 0 Amended Complaint AMENDED COMPLAINT now with signature of Plaintiff's Attorney against Does 1 - 36, filed by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Cable, Marvin) (Attachment 5 replaced on 4/30/2012) (York, Steve). (Entered: 04/28/2012)
2 1 Exhibit A 2012-05-25 17:51:00 6b8bf2f5d219f2b547815f1e7cb3aeafffc95e41
2 2 Exhibit B
2 3 Exhibit C
2 4 Exhibit D
2 5 Civil Cover Sheet
2012-04-29 3 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 04/29/2012)
2012-04-30 4 0 Motion for Discovery Emergency MOTION for Discovery by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Cable, Marvin) (Entered: 04/30/2012)
2012-04-30 5 0 Memorandum in Support of Motion MEMORANDUM in Support re 4 Emergency MOTION for Discovery filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 04/30/2012)
2012-04-30 6 0 Report on the filing/termination of patent/trademark case REPORT on the filing of copyright case . (York, Steve) (Entered: 04/30/2012)
2012-04-30 7 0 Summons Issued Summons Issued as to Does 1 - 36. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (York, Steve) (Entered: 04/30/2012)
2012-05-08 8 0 Order on Motion for Discovery Judge George A. OToole, Jr: ORDER entered granting 4 Motion for Discovery (Attachments: # 1 Appendix A) (Danieli, Chris) (Entered: 05/08/2012)
8 1 Appendix A
2012-07-09 9 0 Motion to Amend MOTION to Amend and/or Substitute Pleadings by John Doe No. 21.(Danieli, Chris) (Entered: 07/10/2012)
2012-07-09 10 0 Motion to Dismiss MOTION to Dismiss/Sever and for a MOTION for Protective Order and/or Quash Subpoena ( Responses due by 7/23/2012) by John Doe No. 21.(Danieli, Chris) (Entered: 07/10/2012)
2012-07-09 11 0 Motion to Quash MOTION to Quash or Modify Subpoena and MOTION to Dismiss ( Responses due by 7/23/2012) by John Doe No. 18. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Danieli, Chris) (Entered: 07/10/2012)
2012-07-11 12 0 Notice of Appearance NOTICE of Appearance by Jedd L. Hall on behalf of John Doe (Danieli, Chris) (Entered: 07/16/2012)
2012-07-11 13 0 Motion to Dismiss MOTION to Dismiss/Sever and MOTION for Protective Order and/or to Quash Subpoena ( Responses due by 7/25/2012) by John Doe.(Danieli, Chris) (Entered: 07/16/2012) 2012-07-26 12:40:07 855903a0e08d8447199c3ac9e442cb8c7e7cdb7a
2012-07-13 14 0 Motion to Vacate Motion to Sever Defendants for Improper Joinder and to Vacate the Order Granting Leave to Serve Third-Party Subpoenas and Quash the Subpoena by John Doe 9.(Danieli, Chris) (Entered: 07/16/2012)
2012-07-16 16 0 Motion to Sever MOTION to Sever , MOTION to Dismiss , and in the alternative, ( Responses due by 7/30/2012), MOTION to Vacate Discovery Order, MOTION to Quash Subpoena ( Responses due by 7/30/2012) by Doe 19.(Rajwani, Catherine) (Entered: 07/16/2012)
2012-07-16 17 0 Motion to Quash MOTION to Quash by Doe No. 26.(Wilton, Lauren) (Main Document 17 replaced on 7/16/2012) (Danieli, Chris). (Entered: 07/16/2012)
2012-07-23 18 0 Opposition to Motion Opposition re 9 MOTION to Amend, 10 MOTION to Dismiss MOTION for Protective Order filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 07/23/2012) 2012-07-26 12:39:39 e4cc5f885cb380b1565ec67a97cb5ed772aa7479
2012-07-23 19 0 Opposition to Motion Opposition re 11 MOTION to Quash MOTION to Dismiss filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 07/23/2012) 2012-07-26 12:45:45 4f581ccb9fe59f7f0118ea1a262f37ac350313f2
2012-07-24 20 0 Order on Motion to Dismiss Judge George A. OToole, Jr: ELECTRONIC ORDER entered striking 13 MOTION to Dismiss/Sever and MOTION for Protective Order and/or to Quash Subpoena (Danieli, Chris) (Entered: 07/24/2012) 2012-07-25 21:31:06 6b33e67137132d53f9c95359a9a1b5e734142dd0
2012-07-28 21 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by Patrick Collins, Inc. (Cable, Marvin) (Entered: 07/28/2012)
2012-07-30 22 0 Opposition to Motion Opposition re 16 MOTION to Sever MOTION to Dismiss , and in the alternative, MOTION to Vacate Discovery Order MOTION to Quash Subpoena filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 07/30/2012)
2012-07-30 23 0 Opposition to Motion Opposition re 17 MOTION to Quash filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 07/30/2012)
2012-08-02 24 0 Motion to Quash MOTION to Quash by John Doe No. 21.(Hall, Jedd) (Main Document 24 replaced on 8/3/2012with correct signed motion) (Finn, Mary). Modified on 8/3/2012 (Finn, Mary). (Entered: 08/02/2012)
2012-08-02 25 0 Motion to Amend MOTION to Amend by John Doe No. 21.(Hall, Jedd) (Main Document 25 replaced on 8/3/2012 with correct signed motion) (Finn, Mary). Modified on 8/3/2012 (Finn, Mary). (Entered: 08/02/2012)
2012-08-02 26 0 Letter/request (non-motion) Letter/request (non-motion) from Jedd L. Hall . (Hall, Jedd) (Main Document 26 replaced on 8/3/2012 with correct signed letter) (Finn, Mary). Modified on 8/3/2012 (Finn, Mary). (Entered: 08/02/2012) 2012-08-06 13:48:46 1977fa3c30e6f4206ad9ab893f5205ce437d19dc
2012-08-06 27 0 Order Referring Case to Magistrate Judge Judge George A. OToole, Jr: ELECTRONIC ORDER entered. REFERRING CASE to Ch. Magistrate Judge Leo T. Sorokin Referred for: Full Pretrial, Dispositive Motions (ptd). Motions referred: 16 MOTION to Sever MOTION to Dismiss , and in the alternative, MOTION to Vacate Discovery Order MOTION to Quash Subpoena, 9 MOTION to Amend, 11 MOTION to Quash MOTION to Dismiss, 24 MOTION to Quash , 17 MOTION to Quash , 14 MOTION to Vacate MOTION to Quash MOTION to Sever, 25 MOTION to Amend , 10 MOTION to Dismiss MOTION for Protective Order. Further information: Report and Recommendation on dispositive motions.(Lyness, Paul) Motions referred to Leo T. Sorokin. (Entered: 08/06/2012)
2012-08-07 28 0 Order Ch. Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Plaintiff shall inform the Court by close of business August 9, 2012, whether the Complaint in this action sues the subscribers or the infringers. re 1 Complaint, filed by Patrick Collins, Inc. (Simeone, Maria) (Entered: 08/07/2012)
2012-08-09 29 0 RESPONSE TO COURT ORDER by Patrick Collins, Inc. re 28 Order, . (Cable, Marvin) (Entered: 08/09/2012)
2012-08-10 30 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered re: pending Motions to Quash. The Court will issue a subsequent Memorandum and Order addressing issues presented by the pending motions. In the interim, the Court enters following Orders and hereby: QUASHES all of the subpoenas issued in this case pursuant to the permission for early discovery. The Plaintiff, within three business days of this Order, shall inform each recipient of the subpoenas of this Courts Order. Each recipient is under no obligation to further comply with the subpoenas and each recipient is relieved of any obligation to respond to the subpoenas already issued; PROHIBITS the Plaintiff, its counsel and its agents from using in any way the identities of the subscribers it has already obtained (or does obtain) as a result of the subpoena process (except that within three days, the Plaintiff shall serve a copy of this Order upon all of the subscribers whose identities it has learned to date (and such further subscribers, if any, it learns of in the future as a result of the already issued subpoenas); ORDERS that within three days, the Plaintiff shall notify each ISP recipient of a subpoena that it shall immediately cease all efforts to comply with the subpoena and shall provide each ISP with a copy of this Order. Notwithstanding the foregoing, the Plaintiff may, within thirty days, request leave for early discovery as explained in the Memorandum and Order on Motions to Quash (Docket # 31) issued in 12-cv-10805-NMG. (Chernetsky, James) (Entered: 08/10/2012)
2012-08-14 31 0 Emergency MOTION to Preserve Evidence by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Cable, Marvin) (Entered: 08/14/2012)
2012-08-14 32 0 MEMORANDUM in Support re 31 Emergency MOTION to Preserve Evidence filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 08/14/2012)
2012-08-15 33 0 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 31 Motion to Preserve Evidence; order to enter. (Entered: 08/15/2012)
2012-08-15 34 0 Magistrate Judge Robert B. Collings: ORDER entered. ORDER ON PLAINTIFFS EMERGENCY MOTION TO PRESERVE ISP'S SUBSCRIBER RECORDS (#31)(Russo, Noreen) (Entered: 08/16/2012)
2012-08-22 35 0 Ch. Magistrate Judge Leo T. Sorokin: MEMORANDUM AND ORDER entered regarding Motions To Quash and Sever (Docket #s 10, 11, 14, 16 17). On August 10, 2012, the Court quashed the subpoenas at issue, indicating that this memorandum would issue at a subsequent date. See Docket # 30. To the extent that the Plaintiff wishes to file renewed motions for early discovery, it shall do so as described herein by the close of business on September 10, 2012. See attached Report and Recommendations. (Chernetsky, James) (Entered: 08/22/2012) 2012-08-23 08:49:18 bb5d7c3ac24b5a2e2f336cdfec6b22daf0fd0b5d
2012-08-22 36 0 Ch. Magistrate Judge Leo T. Sorokin: Report and Recommendations re: Motions to Dismiss (Docket #s 10, 11 and 19). Doe Defendant Nos. 12, 18 and 19 are not presently Parties, but rather third parties from whom the Plaintiff seeks discovery, and do not have standing to seek dismissal. For that reason, I RECOMMEND that the Court DENY the motion to dismiss as MOOT. See attached Report and Recommendations. Objections due by September 5, 2012. (Chernetsky, James) (Entered: 08/22/2012)
2012-09-10 37 0 Emergency MOTION for Discovery (renewed) by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Cable, Marvin) (Entered: 09/10/2012)
2012-09-10 38 0 MEMORANDUM in Support re 37 Emergency MOTION for Discovery (renewed) filed by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 09/10/2012)
2012-10-12 39 0 ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Leo T. Sorokin: Motion Hearing held on 10/12/2012 re (43 in 1:12-cv-10532-GAO); Court hears the oral argument of counsel and takes the matter under advisement; re MOTION for Discovery (renewed) filed by Patrick Collins, Inc.. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) Associated Cases: 1:12-cv-10532-GAO, 1:12-cv-10758-GAO(Simeone, Maria) (Entered: 10/19/2012)
2012-10-22 40 0 Response by Patrick Collins, Inc. regarding MAC addresses and other information. (Attachments: # 1 Exhibit A)(Cable, Marvin) (Entered: 10/22/2012)
2012-10-22 41 0 Transcript of Motion Hearing held on October 12, 2012, before Chief Magistrate Judge Leo T. Sorokin. The Transcript may be purchased through Judy Bond Gonsalves, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Judy Bond Gonsalves at 508-984-7003 Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/22/2012. Release of Transcript Restriction set for 1/21/2013. Associated Cases: 1:12-cv-10532-GAO, 1:12-cv-10758-GAO(Scalfani, Deborah) (Entered: 10/22/2012)
2012-10-22 42 0 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:12-cv-10532-GAO, 1:12-cv-10758-GAO(Scalfani, Deborah) (Entered: 10/22/2012)
2012-11-07 43 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. Order on Pending Motions for Ex Parte Discovery and Order to Show Cause. For the foregoing reasons, the Plaintiffs' Renewed Motions for Ex Parte Discovery (12-cv-10805-NMG, Docket # 43; 12-cv-10532-GAO, Docket # 43; and, 12-cv-10758-GAO, Docket# 37) are DENIED. It is further ORDERED that by the close of business on November 16, 2012, the Plaintiffs shall show cause why their cases should not be dismissed pursuant to Fed. R. Civ. P. 4(m) for failure to effect timely service. See attached Order. (Chernetsky, James) (Entered: 11/07/2012) 2012-11-08 07:54:45 32d77bc99a7d6895eaf26f81b7dcb358a8058b73
2012-11-16 44 0 RESPONSE TO ORDER TO SHOW CAUSE by Patrick Collins, Inc.. (Cable, Marvin) (Entered: 11/16/2012)
2012-12-18 45 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. REPORT AND RECOMMENDATIONS re: Order to Show Cause Why Cases Should Not Be Dismissed pursuant to Fed. R. Civ. P. 4(m) For Failure to Effect Timely Service (Docket # 43). For the foregoing reasons, I RECOMMEND that the Court find that the Plaintiffs in these three cases have failed to establish good cause to extend the deadline for service, and that no other reason exists to exercise its discretion to permit an extension of the deadline. Accordingly, I RECOMMEND that the Court dismiss these three cases pursuant to Fed. R. Civ. P. 4(m) for failure to effect timely service. See attached Report and Recommendation. Objections to R&R due by January 2, 2013. (Chernetsky, James) (Entered: 12/18/2012)