| Court: | vaed |
| Docket #: | 3:11-cv-00531 |
| Case Name: | Patrick Collins, Inc. v. John Does 1-58 |
| PACER case #: | 270517 |
| Date filed: | 2011-08-15 |
| Date terminated: | 2012-04-10 |
| Date of last filing: | 2012-04-10 |
| Assigned to: | District Judge John A. Gibney, Jr |
| 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 |
David Wayne O'Bryan Christine A. Williams John Buckley Warden , IV Wyatt B. Durrette , Jr. |
| John Does 1-58 Defendant TERMINATED: 12/21/2011 |
|
| John Doe #3 Defendant TERMINATED: 12/21/2011 |
Domingo Juan Rivera |
| John Doe #5 Defendant TERMINATED: 12/21/2011 |
Jacqueline Chiang Eric James Menhart |
| John Doe #8 Defendant TERMINATED: 12/21/2011 |
|
| John Doe #52 Defendant TERMINATED: 12/21/2011 |
|
| Steele Hansmeier, PLLC Amicus |
Timothy V. Anderson |
| John Doe 1 Defendant TERMINATED: 12/30/2011 |
|
| Expressions Photography, Inc. Defendant TERMINATED: 04/10/2012 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-08-15 | 1 | 0 | Complaint | COMPLAINT against John Does 1-58 filed by Patrick Collins, Inc.(Filing fee $ 350 Receipt Number 34683013925). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Receipt)(lhin, ) (Entered: 08/15/2011) | 2011-08-16 16:48:32 | 0565abd2a9d8a9589f98008f53963ec44f0bfe15 |
| 1 | 1 | 2011-08-20 01:36:19 | e6a9295edecabb91bbc5c3264aaf178145792d63 | |||
| 1 | 2 | |||||
| 1 | 3 | |||||
| 1 | 4 | |||||
| 1 | 5 | |||||
| 1 | 6 | |||||
| 2011-08-15 | 2 | 0 | Financial Disclosure Statement | Financial Interest Disclosure Statement (Local Rule 7.1) by Patrick Collins, Inc.. (lhin, ) (Entered: 08/15/2011) | ||
| 2011-08-15 | 3 | 0 | Motion for Issuance of Subpoenas | MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference by Patrick Collins, Inc. (lhin, ) (Entered: 08/15/2011) | ||
| 2011-08-15 | 4 | 0 | Memorandum in Support | Memorandum in Support re 3 MOTION for Leave to Serve Third Party Subpoenas Prior to Fule 26(f) Conference filed by Patrick Collins, Inc. (lhin) (Entered: 08/15/2011) | ||
| 2011-08-15 | 5 | 0 | Declaration | Declaration of Tobias Fieser in Support of 3 MOTION for Issuance of Subpoenas by Patrick Collins, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(lhin, ) (Entered: 08/15/2011) | ||
| 2011-08-16 | 6 | 0 | Order on Motion for Issuance of Subpoenas | ORDER GRANTING Plaintiff's 3 Motion for Leave to Serve Third Party Subpoenas. (see order for details). Signed by District Judge John A. Gibney, Jr on 8/15/2011. (lhin, ) (Entered: 08/16/2011) | ||
| 2011-09-21 | 7 | 0 | Motion to Quash | MOTION to Quash or Modify Subpoena by John Does 1-58. (kyou, ) (Entered: 09/22/2011) | 2011-12-07 16:39:14 | 491b6b2e7c83dd5773286f98e4ff6ff41d88193e |
| 2011-09-22 | 8 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal of Doe No. 8 by Patrick Collins, Inc. (O'Bryan, David) (Entered: 09/22/2011) | ||
| 2011-09-22 | 9 | 0 | Motion to Quash | First MOTION to Quash Subpoena to Comcast as to John Doe #3(Attachments: # 1 Proposed Order Proposed Order)(Rivera, Domingo) (Entered: 09/22/2011) | ||
| 9 | 1 | Proposed Order Proposed Order | ||||
| 2011-09-22 | 10 | 0 | Memorandum in Support | Memorandum in Support re 9 First MOTION to Quash Subpoena to Comcast re: Defendant Doe 3 (Rivera, Domingo) Modified on 9/27/2011 (kyou, ). (Entered: 09/22/2011) | ||
| 2011-09-26 | 11 | 0 | Motion to Quash | MOTION to Quash as to John Doe # 5. (Attachments: # 1 Proposed Order)(Chiang, Jacqueline). (Entered: 09/26/2011) | ||
| 11 | 1 | Proposed Order | ||||
| 2011-09-26 | 12 | 0 | Memorandum in Support | Memorandum in Support re 11 MOTION to Quash as to John Doe 5. (Chiang, Jacqueline) (Entered: 09/26/2011) | 2011-12-07 16:45:21 | 125b38ec6ba42501a6a1cb4f37d5436c5360248c |
| 2011-09-26 | 13 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Doe 5 only by Patrick Collins, Inc. (O'Bryan, David) (Entered: 09/26/2011) | ||
| 2011-09-27 | 14 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal With Prejudice of Doe 40 only by Patrick Collins, Inc. (O'Bryan, David) (Entered: 09/27/2011) | ||
| 2011-09-28 | 15 | 0 | Motion to appear Pro hac vice | MOTION for Pro hac vice for James Menhart by John Doe #5. (Attachments: # 1 Receipt)(kyou, ) (Entered: 09/28/2011) | ||
| 2011-09-30 | 16 | 0 | So Ordered | So Ordered 15 MOTION for Attorney Eric James Menhart to appear Pro hac vice filed by John Doe #5. Signed by District Judge John A. Gibney, Jr on 9/30/11. (lsal) (Entered: 09/30/2011) | ||
| 2011-10-03 | 17 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Doe 3 only by Patrick Collins, Inc. (O'Bryan, David) (Entered: 10/03/2011) | ||
| 2011-10-03 | 18 | 0 | Motion for Miscellaneous Relief | MOTION for Entry of an Order Requiring Putative Defendants to Identify Themselves by Either an IP Address or Doe Number re 7 MOTION to Quash or Modify Subpoena by Patrick Collins, Inc.. (Attachments: # 1 Proposed Order)(O'Bryan, David) (Entered: 10/03/2011) | ||
| 18 | 1 | Proposed Order | ||||
| 2011-10-03 | 19 | 0 | Motion for Miscellaneous Relief | MOTION for Enlargement of Time to File a Memorandum in Opposition to Motion to Quash re 7 MOTION to Quash or Modify Subpoena by Patrick Collins, Inc.. (Attachments: # 1 Proposed Order)(O'Bryan, David) (Entered: 10/03/2011) | ||
| 2011-10-03 | 20 | 0 | Motion to Quash | MOTION to Quash or Modify Subpoena by John Doe #52. (kyou, ) (Entered: 10/04/2011) | ||
| 2011-10-05 | 21 | 0 | Order on Motion for Miscellaneous Relief | ORDER denying 19 Motion for Enlargement of Time to File a Memorandum in Opposition to Motion to Quash. Signed by District Judge John A. Gibney, Jr on 10-5-11. (kyou, ) (Entered: 10/05/2011) | ||
| 2011-10-05 | 22 | 0 | Order | MEMORANDUM ORDER that all the defendants except Doe 1 are hereby SEVERED from this action, and no discovery shall occur until the parties have conducted a discovery conference; the subpoenas served on the ISPs listed in Exhibit A of the plaintiff's Complaint are hereby QUASHED as to all defendants, Does 1-58; the plaintiff SHALL IMMEDIATELY NOTIFY the recipients of those subpoena that said subpoenas have been quashed and that the defendants, except Doe 1, have been severed and are not litigants in this case; the Defendant is directed to file under seal, copies of all notices sent to Doe defendants; within 30 days from the entry of this Memorandum Order, the plaintiff may file individual complaints against those Doe defendants whom it wishes to proceed; Civil action No. 3:11cv531 shall be assigned to Doe 1 as an individual defendant, the actions filed within 30 days of this Memorandum Order against any other Doe defendants severed from this case will be deemed to have been filed as of August 15, 2011, the date of the filing of the original Complaint; Any filings that can be construed as motions in Civil Action 3:11cv531 are hereby DENIED AS MOOT; Plaintiff is directed, not to file any notices of dismissal relating to any parties in this action; Plaintiff and its counsel are directed to show cause with in 10 days why the conduct specifically described in this Memorandum Order does not violate Rule 11 (b). Signed by District Judge John A. Gibney, Jr on 10-5-11. (kyou, ) (Entered: 10/05/2011) | 2011-10-31 18:16:57 | 9126cfadf9c346f9e70de88792641ec067c38b4e |
| 2011-10-10 | 23 | 0 | Motion for Reconsideration | MOTION for Reconsideration re 22 Order,,,,, and Response to Show Cause Order by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A)(O'Bryan, David) (Entered: 10/10/2011) | ||
| 23 | 1 | Exhibit A | 2012-09-18 13:48:40 | 9a1dc2b2d97b36b8f8994aaf97cf39b81d4d0848 | ||
| 2011-10-10 | 24 | 0 | NOTICE | NOTICE by Patrick Collins, Inc. re 23 MOTION for Reconsideration re 22 Order,,,,, and Response to Show Cause Order in Support of Motion for Reconsideration and in Response to Order to Show Cause (Attachments: # 1 Affidavit of D. Wayne O'Bryan)(O'Bryan, David) (Entered: 10/10/2011) | ||
| 24 | 1 | Affidavit of D. Wayne O'Bryan | 2012-09-18 13:45:27 | 023639b2e5afc707f059044c8cc39b4a4c1cae3e | ||
| 2011-10-10 | 25 | 0 | Motion for Reconsideration | MOTION for Reconsideration of Order Denying Motion for Enlargement of Time by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A)(O'Bryan, David) (Entered: 10/10/2011) | ||
| 25 | 1 | Exhibit A | 2012-09-18 13:51:23 | 416291dd6349fc78e0f6f571b6884adb1440fb66 | ||
| 2011-10-10 | 26 | 0 | Motion for Miscellaneous Relief | Emergency MOTION for Clarification of and to Amend This Court's Show Cause Order re 22 Order,,,,, by Patrick Collins, Inc.. (O'Bryan, David) (Entered: 10/10/2011) | ||
| 2011-10-13 | 27 | 0 | NOTICE | NOTICE by Patrick Collins, Inc. of Filing Supplemental Authority Regarding Joinder Being Proper (O'Bryan, David) (Entered: 10/13/2011) | ||
| 2011-10-13 | 28 | 0 | Order | AMENDED MEMORANDUM ORDER (see Order for details). Signed by District Judge John A. Gibney, Jr on 10-13-11. (kyou, ) (Entered: 10/13/2011) | 2011-10-20 15:14:59 | 7bd8a732d684ce69b6ffe3841c0b49e9de0d8ae2 |
| 2011-10-13 | 29 | 0 | Order | ORDER that the Court recognizes that it made a typographical error in paragraph 4 of the "Conclusion" section of its October 5, 2011 Order (see Order for details); All other provisions of the Court's October 5, 2011, shall remain in full effect with the additional requirement in paragraph 4. Signed by District Judge John A. Gibney, Jr on 10-13-11. (kyou, ) (Entered: 10/13/2011) | ||
| 2011-10-14 | 30 | 0 | Order | ORDER that a hearing will be held on Monday, October 24, 2011, at 10:00 a.m. to consider whether the plaintiff, its attorney, or both are subject to sanctions for violating FRCP 11, pursuant to the show cause entered in October 5, 2011. Signed by District Judge John A. Gibney, Jr on 10/14/11. (kyou, ) (Entered: 10/14/2011) | ||
| 2011-10-17 | 31 | 0 | Motion for Leave to File | MOTION for Leave to File by Steele Hansmeier, PLLC. (Attachments: # 1 Amicus Curiae Brief)(Anderson, Timothy) (Entered: 10/17/2011) | 2011-12-09 14:30:39 | 7bd869494ea1ffd80360a08398b2f4739b146f66 |
| 31 | 1 | Amicus Curiae Brief | ||||
| 2011-10-17 | 33 | 0 | Motion to Quash | MOTION to Quash or Modify Subpoena by John Does 1-58. (Attachments: # 1 Exhibit 1)(kyou, ) (Entered: 10/18/2011) | 2011-10-20 15:16:21 | e8e96de861d8d443298fb872b5f524b669c45504 |
| 33 | 1 | |||||
| 2011-10-18 | 34 | 0 | So Ordered | So Ordered re 31 MOTION for Leave to File Amicus Curiae Brief filed by Steele Hansmeier, PLLC. Signed by District Judge John A. Gibney, Jr on 10-18-11. (kyou, ) (Entered: 10/18/2011) | 2011-12-09 15:03:18 | 670825e67f2f17daebe3678faac62fdeca6c1a34 |
| 2011-10-19 | 35 | 0 | Brief in Support | Brief in Support to 31 MOTION for Leave to File Amicus Brief filed by Steele Hansmeier, PLLC. (Anderson, Timothy) (Entered: 10/19/2011) | 2011-10-20 15:18:20 | 47cb45cae9d59a27c7921886f37da2aa2b218c8b |
| 2011-10-21 | 36 | 0 | Motion to Quash | MOTION to Quash or Modify Subpoena by John Does 1-58. (kyou, ) (Entered: 10/24/2011) | ||
| 2011-10-24 | 37 | 0 | Motion Hearing | Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Motion Hearing held on 10/24/2011 re 23 MOTION for Reconsideration re 22 Order and Response to Show Cause Order filed by Patrick Collins, Inc.; Hearing on sanctions issue is set for December 1, 2011 at 9:00 a.m. (Court Reporter G. Halasz, OCR.) (wtuc) (Entered: 10/24/2011) | 2011-10-24 11:48:37 | 24cdf27060f530119b6fab6aa70deecbd6147d90 |
| 2011-10-25 | 38 | 0 | Order | ORDER that the plaintiff is to find new counsel to provide representation on the issue of whether the suit was filed for an improper purpose; Mr. O'Bryan may represent the plaintiff on all matters in this case; the Plaintiff, its new counsel and Mr. O'Bryan are DIRECTED to appear for a hearing on December 1, 2011 at 9:00 a.m. Signed by District Judge John A. Gibney, Jr on 10/24/11. (kyou, ) (Entered: 10/25/2011) | ||
| 2011-10-24 | 39 | 0 | Declaration | Declaration to refute 23 MOTION for Reconsideration (declaration) by John Does 1-58. (kyou, ) (Entered: 10/25/2011) | 2011-11-06 19:54:17 | 12336fb1b9991012e85e025b9b909ec3cc62eecb |
| 2011-10-26 | 40 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Doe 54 only by Patrick Collins, Inc. (O'Bryan, David) (Entered: 10/26/2011) | ||
| 2011-10-26 | 41 | 0 | NOTICE | NOTICE by Patrick Collins, Inc. Retracting Voluntary Dismissal (O'Bryan, David) (Entered: 10/26/2011) | ||
| 2011-10-28 | 42 | 0 | Order on Motion to Quash | ORDER DENYING Plaintiff's 23 and 25 Motions for Reconsideration and Defendants' pending 33 and 36 Motions to Quash or Modify Subpoena are hereby DENIED as MOOT. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 10/28/2011. (walk, ) (Entered: 10/28/2011) | 2011-11-06 19:49:28 | 5c7d4a51ade652f13c09706d4c54ab1e966f8e9c |
| 2011-11-08 | 43 | 0 | Notice of Appearance | NOTICE of Appearance by Wyatt B. Durrette, Jr on behalf of Patrick Collins, Inc. (Durrette, Wyatt) (Entered: 11/08/2011) | 2011-12-01 17:46:03 | 85c637404930aa7109c45682ddb18c5a4a6922ed |
| 2011-11-08 | 44 | 0 | Notice of Appearance | NOTICE of Appearance by Christine A. Williams on behalf of Patrick Collins, Inc. (Williams, Christine) (Entered: 11/08/2011) | 2011-12-01 17:47:03 | 76eb017989b3eb4f6aaa3c779322687e9ae84643 |
| 2011-11-08 | 45 | 0 | Notice of Appearance | NOTICE of Appearance by John Buckley Warden, IV on behalf of Patrick Collins, Inc. (Warden, John) (Entered: 11/08/2011) | 2011-12-01 17:48:17 | b13c6e544205a6eb64fec74703368f54ccc6fa1c |
| 2011-11-09 | 46 | 0 | Order | ORDER that the Court INSTRUCTS the plaintiff that it may file a memorandum of law prior to the scheduled hearing; however, such filing must occur no later than November 19, 2011.. Signed by District Judge John A. Gibney, Jr on 11/9/11. (kyou, ) (Entered: 11/09/2011) | ||
| 2011-11-09 | 47 | 0 | Motion to Continue | MOTION to Continue December 1 Hearing, MOTION for Extension of Time to File Response/Reply as to 46 Order, 38 Order, by Patrick Collins, Inc.. (Durrette, Wyatt) (Entered: 11/09/2011) | ||
| 2011-11-09 | 48 | 0 | Memorandum in Support | Memorandum in Support re 47 MOTION to Continue December 1 Hearing MOTION for Extension of Time to File Response/Reply as to 46 Order, 38 Order, filed by Patrick Collins, Inc.. (Durrette, Wyatt) (Entered: 11/09/2011) | ||
| 2011-11-10 | 49 | 0 | Order on Motion to Continue | ORDER granting 47 Motion to Continue and granting 47 Motion for Extension of Time to file a Memorandum of Law; the hearing previously scheduled for December 1, 2011, will now be held on December 20, 2011, at 9:00 a.m., the Memorandum of Law shall be due no later than December 8, 2011. Signed by District Judge John A. Gibney, Jr on 11/10/11.(kyou, ) (Entered: 11/10/2011) | 2011-12-07 16:34:13 | 44d12b56cc97bf1f543aef83c7d8cc1955ded33f |
| 2011-12-08 | 50 | 0 | Memorandum | Memorandum for December 20, 2011 Show Cause Hearing to 49 Order on Motion to Continue, Order on Motion for Extension of Time to File Response/Reply,, filed by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Warden, John) (Entered: 12/08/2011) | 2011-12-09 14:45:22 | 68982cfab8c7c57ff34f8d8f096026654be37a5b |
| 50 | 1 | Exhibit A | 2011-12-09 14:48:24 | 7c078acd2a956096dc0d3cb3f9823108e8618fc1 | ||
| 50 | 2 | Exhibit B | ||||
| 50 | 3 | Exhibit C | ||||
| 50 | 4 | Exhibit D | ||||
| 50 | 5 | Exhibit E | ||||
| 2011-12-13 | 51 | 0 | Motion for Extension | MOTION for Extension of Time Period for Service of Summons and Complaint on Doe Defendant by Patrick Collins, Inc.. (O'Bryan, David) (Entered: 12/13/2011) | ||
| 2011-12-14 | 52 | 0 | So Ordered | So Ordered re 51 MOTION for Extension of Time Period for Service of Summons and Complaint on Doe Defendant filed by Patrick Collins, Inc.. Signed by District Judge John A. Gibney, Jr on 12/13/11. (kyou, ) (Entered: 12/14/2011) | ||
| 2011-12-20 | 53 | 0 | Show Cause Hearing | Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Show Cause Hearing held on 12/20/2011; sanctions will not be imposed (Court Reporter G. Halasz, OCR.) (wtuc) (Entered: 12/20/2011) | 2011-12-20 19:09:16 | 1f661f525bc3852559132b9faaa9745cc05a0779 |
| 2011-12-22 | 54 | 0 | Order | ORDER that the Court DECLINES to issue sanctions against the plaintiff in this case. Signed by District Judge John A. Gibney, Jr on 12/21/11. (kyou, ) (Entered: 12/22/2011) | ||
| 2011-12-28 | 55 | 0 | Order | ORDER that the plaintiff file a report on the status of the case within fourteen days from the entry of this Order. The status report shall include whether the plaintiff has determined the identity of the defendant and, if so, whether he or she has been served. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 12/28/2011. (walk, ) (Entered: 12/28/2011) | ||
| 2011-12-28 | 56 | 0 | Motion to Withdraw as Attorney | Uncontested MOTION to Withdraw as Attorney by Patrick Collins, Inc.. (Durrette, Wyatt). Modified docket entry on 12/29/2011. (walk, ). (Entered: 12/28/2011) | ||
| 2011-12-29 | 57 | 0 | Order on Motion to Withdraw as Attorney | ORDER granting 56 Motion to Withdraw as Attorney. Attorney Christine A. Williams; Wyatt B. Durrette, Jr and John Buckley Warden, IV terminated. Signed by District Judge John A. Gibney, Jr on 12/29/11. (tdai, ) (Entered: 12/29/2011) | ||
| 2011-12-29 | 58 | 0 | Amended Complaint | AMENDED COMPLAINT against John Doe 1, filed by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(O'Bryan, David) (Entered: 12/29/2011) | ||
| 2011-12-30 | 59 | 0 | Summons Issued | Summons Issued as to John Doe 1, Expressions Photography, Inc., d/b/a: Cabay Fine Photography with copy of 1 Complaint and 58 Amended Complaint attached; hand-delivered to Counsel for Plaintiff. (walk, ) (Entered: 12/30/2011) | ||
| 2012-01-03 | 60 | 0 | Summons Issued | Summons reissued and Corrected as to Expressions Photography, Inc. (hand delivered to counsel) (kyou, ) (Entered: 01/03/2012) | ||
| 2012-01-06 | 61 | 0 | Summons Returned Executed | Incorrect SUMMONS Returned Executed as to Expressions Photography (Clerk reissued correct summons on 1/3/12 with correct Plaintiff's name (kyou, ) (Entered: 01/06/2012) | ||
| 2012-01-10 | 62 | 0 | Response | Response to 55 Order, filed by Patrick Collins, Inc.. (O'Bryan, David) (Entered: 01/10/2012) | ||
| 2012-01-13 | 63 | 0 | Summons Returned Unexecuted | Summons Returned Unexecuted as to Expressions Photography, Inc. (kyou, ) (Entered: 01/13/2012) | ||
| 2012-04-10 | 64 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Defendant Expressions Photography, Inc. a/k/a John Doe #1 by Patrick Collins, Inc. (O'Bryan, David) (Entered: 04/10/2012) | 2012-04-15 04:54:20 | 2d1d4834564914d7c8f32ede1d6aec48221e3835 |
| 2012-04-10 | 65 | 0 | Order | ORDER that the Court DISMISSES the defendant WITHOUT PREJUDICE; the case is hereby closed for administrative purposes. Signed by District Judge John A. Gibney, Jr on 4/10/12. (kyou, ) (Entered: 04/10/2012) |