Case details

Court: cacd
Docket #: 2:12-cv-06669
Case Name: AF Holdings LLC v. John Doe
PACER case #: 538992
Date filed: 2012-08-02
Date terminated: 2013-01-25
Date of last filing: 2012-09-04
Assigned to: Judge Otis D. Wright, II
Referred to: Magistrate Judge Jacqueline Chooljian
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
AF Holdings LLC
Plaintiff
Brett Langdon Gibbs
Prenda Law Inc 38 Miller Avenue Suite 263 Mill Valley, CA 94941 415-325-5900 Email: blgibbs@wefightpiracy.com
ATTORNEY TO BE NOTICED

John Doe
Defendant
TERMINATED: 12/06/2012
Chaz Forsyth
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-02 1 0 Complaint - (Discovery) COMPLAINT against Defendant John Doe. Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Fernando M. Olguin. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff AF Holdings LLC. (et)[Summons Not Issued on 8/2/12.] (mg). (Entered: 08/06/2012) 2012-09-16 13:45:53 cff78617271de9acb7adb278122d9f36340e2cdf
2012-08-02 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff AF Holdings LLC. (et) (mg). (Entered: 08/06/2012)
2012-08-02 3 0 Report on Filing of Copyright Action (Initial Notification) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by AF Holdings LLC. (et) (Entered: 08/06/2012)
2012-08-02 4 0 Notice to Parties of Court-Directed ADR Program (ADR-8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/06/2012)
2012-08-06 5 0 Initial Order upon Filing of Complaint INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (ms) (Entered: 08/06/2012)
2012-08-24 6 0 Ex Parte Applicaton for Leave re Discovery re Discovery EX PARTE APPLICATION for Leave to Take Expedited Discovery filed by Plaintiff AF Holdings LLC. (Attachments: # 1 Exhibit A - Hansmeier Declaration, # 2 Exhibit B - ISP Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 08/24/2012)
2012-08-29 7 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO PARTIES by Judge Dolly M. Gee: The Court hereby refers plaintiffs' ex parte application for leave to take expedited discovery 6 to Magistrate Judge Fernando M. Olguin for ruling. Court Reporter: None Present. (gk) (Entered: 08/29/2012)
2012-09-04 8 0 Order on Ex Parte Application for Leave re Discovery Matter ORDER Re: APPLICATION FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery (Document No. 6 ) is granted to the extent. (See document for further details). (mr) (Entered: 09/04/2012)
2012-10-05 9 0 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-05709 ODW(JCx). Case transferred from Judge Dolly M. Gee and Magistrate Judge Fernando M. Olguin to Judge Otis D Wright, II and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-06669 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 10/05/2012)
2012-10-19 10 0 ORDER VACATING PRIOR EARLY DISCOVERY ORDERS AND ORDER TO SHOW CAUSE by Judge Otis D Wright, II: The Court hereby VACATES any prior order in this case allowing for the issuance of a Rule 45 subpoena prior to a Rule 26(f) scheduling conference. The Court also orders AF Holdings to cease its discovery efforts relating to or based on information obtained through any abovementioned Rule 45 subpoenas. Within 14 days of this order, AF Holdings shall submit a discovery status report detailing its discovery efforts in this case with respect to identifying or locating the Doe Defendant. This report must name all persons that have been identified, including subscribers, through any Rule 45 subpoenas. Failure to timely comply with this order will result in the dismissal of this case. AF Holdingss discovery status report and response to this Order to Show Cause should be filed only in case no. 2:12-cv-5709-ODW(JCx), and should be combined with the discovery status reports and responses for the related cases, unless AF Holdings believes that separate papers are necessary to distinguish the differences between the individual cases (lc) (Entered: 10/22/2012)
2012-10-22 11 0 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been reassigned to the Honorable Otis D. Wright II, United States District Judge. The magistrate judges assignment has been changed to the Honorable . Jacqueline Chooljian. Please substitute the initials ODW(JCx) in place of the initials DMG (FMOx). The case number will now read: CV 12-06669- ODW(JCx). Henceforth, it is imperative that the initials ODW(JCx) be used on all documents to prevent delays in the processing of documents. ( SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION). (lc) Modified on 10/22/2012 (lc). (Entered: 10/22/2012)
2012-10-22 12 0 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are encouraged to review the Central Districts website for additional information. ( SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION). (lc) (Entered: 10/22/2012)
2012-11-26 13 0 AMENDED DOCUMENT filed by Plaintiff AF Holdings LLC. AMENDED COMPLAINT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gibbs, Brett) Modified on 11/27/2012 (lc). (STRICKEN PER 11/27/12 ORDER). (Entered: 11/26/2012)
2012-11-27 14 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion) 13 , pdf is an amended complaint. Per L.R. 3-2 Attorneys are NOT TO E-FILE INITIATING DOCUMENTS, but to MANUALLY FILE IT WITH CIVIL INTAKE. The following error(s) was found: Incorrect event selected. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 11/27/2012)
2012-11-27 15 0 ORDER by Judge Otis D Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Document (Non-Motion) 13 (an amended complaint), for the following reasons: incorrect event and incorrect procedure.Per L.R. 3-2 Attorneys are NOT TO E-FILE INITIATING DOCUMENTS*, but to MANUALLY FILE IT WITH CIVIL INTAKE. AFTERWHICH, EMAIL WITHIN 24 HOURS the conformed filed stamped PDF image to :CivilIntakeCourtDocs-LA@cacd.uscourts.gov (lc) (Entered: 11/27/2012)
2012-12-06 16 0 AMENDED COMPLAINT against defendants Chaz Forsyth; Party John Doe terminated amending Complaint - (Discovery), Jury Demand 1 filed by plaintiff AF Holdings LLC (lc) (Additional attachment(s) added on 12/19/2012: # 1 part 2, # 2 part 3) (lc). (Entered: 12/12/2012)
2012-12-21 17 0 ORDER TO SHOW CAUSE RE LACK OF SERVICE by Judge Otis D Wright, II:Plaintiff is hereby ORDERED TO SHOW CAUSE why Defendant has not been timely served. Plaintiff has 7 days to comply with this order; or if Defendant have been served, Plaintiff has 7 days to file the proof of service. Failure to respond will result in dismissal of this action. (lc) (Entered: 12/21/2012) 2012-12-22 07:15:58 de932a10f7c9303886b4b22c1cecc5881d12762a
2012-12-27 18 0 RESPONSE filed by Plaintiff AF Holdings LLCto Order to Show Cause, 17 Re Lack of Service (Gibbs, Brett) (Entered: 12/27/2012) 2013-01-25 23:01:10 f9670e9c167997301bc48c3d6626db632da4d1f4
2012-12-31 19 0 NOTICE OF MOTION AND MOTION to Disqualify Judge Hon. Otis D. Wright, II filed by plaintiff AF Holdings LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Gibbs, Brett) (Entered: 12/31/2012)
2013-01-02 20 0 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72-5 MOTION to Disqualify Judge Hon. Otis D. Wright, II 19 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-15 21 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 19 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-25 22 0 ORDER that this case is dismissed without prejudice. The Clerk of Court shallclose this case. by Judge Otis D. Wright, II. (Made JS-6. Case Terminated.) (lc) (Entered: 01/28/2013) 2013-01-30 02:58:08 43544d459380239d8d9ffc4ea5f0f56ffa3794d6
2013-01-28 23 0 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) Mailed closing report to Copyright Office. (Attachments: # 1 order) (lc) (Main Document 23 replaced on 1/28/2013) (lc). (Entered: 01/28/2013)
2013-01-28 24 0 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Report of Determination of Copyright Action (CLOSE)(AO 121) 23 had typographical error re date of order rendered and was replaced with pdf with correct date of order rendered as 1/25/13. (lc) (Entered: 01/28/2013)
2013-02-07 25 0 ORDER TO SHOW CAUSE RE SANCTIONS FOR RULE 11 AND LOCAL RULE 83-3 VIOLATIONS by Judge Otis D. Wright, II:This order to show cause is scheduled for hearing on March 11, 2013, at 1:30 p.m., to provide Mr. Gibbs the opportunity to justify his conduct. Based on the unusual circumstances of this case, the Court invites Morgan E. Pietz to present evidence concerning the conduct outlined in this order. The Court declines to sanction Plaintiffs AF Holdings LLC and Ingenuity 13 LLC at this time for two reasons: (1) Mr. Gibbs appears to be closely related to or have a fiduciary interest in Plaintiffs; and; (2) it is likely Plaintiffs are devoid of assets. If Mr. Gibbs or Mr. Pietz so desire, they each may file by February 19, 2013, a brief discussing this matter. The Court will also welcome the appearance of Alan Cooperto either confirm or refute the fraud allegations. (lc) (Entered: 02/08/2013)
2013-02-19 26 0 RESPONSE filed by Plaintiff AF Holdings LLC (Park, Won) (Entered: 02/19/2013)
2013-02-19 27 0 DECLARATION re Response (non-motion) 26 in support of response to 2/7/13 OSC filed by Plaintiff AF Holdings LLC. (Attachments: # 1 Exhibit Exhibits 1-4 to Gibbs Declaration)(Park, Won) (Entered: 02/19/2013)
2013-02-19 28 0 NOTICE Request for Judicial Notice filed by Specially Appearing Respondent Brett L. Gibbs AF Holdings LLC. (Attachments: # 1 Exhibit Exhibits 1-5 to RJN)(Park, Won) (Entered: 02/19/2013)
2013-02-21 29 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 28 . The following error(s) was found: Incorrect event selected. The correct event is: Request: For Judicial Notice. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 02/21/2013)
2013-02-27 30 0 ORDER RE ORDER TO SHOW CAUSE RE SANCTION by Judge Otis D. Wright, II:In preparation for the March 11, 2013 Order to Show Cause re Sanctions hearing, the Court hereby orders the following: 1) The following cases are hereby consolidated for the purposes of this Order to Show Cause: AF Holdings LLC v. Doe, No. 2:12-cv-6636-ODW(JCx) (C.D. Cal. filed Aug. 1, 2012); AF Holdings LLC v. Doe, No. 2:12-cv-6669-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-6662-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-6668-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-8333-ODW(JCx) (C.D. Cal. filed Sept. 27, 2012).All papers to be filed with the Court relating to this Order to Show Cause shallbe filed in the lead case Ingenuity 13 LLC v. Doe, No. 2:12-cv-8333-ODW(JCx) (C.D.Cal. filed Sept. 27, 2012). The parties may each file a supplemental brief, limited to five pages, addressing the issues raised in the parties briefs submitted on February 19, 2013. These supplemental briefs shall be filed by March 4, 2013. Brett Gibbs is hereby ordered to respond to the following questions in a separate brief, to be submitted by March 1, 2013.Further, Mr. Gibbs is reminded to appear in person at the March 11, 2013hearing. (lc) Modified on 2/28/2013 (lc). (Entered: 02/28/2013)