Case details

Court: mnd
Docket #: 0:12-cv-01446
Case Name: AF Holdings LLC v. Doe
PACER case #: 126522
Date filed: 2012-06-15
Date terminated: 2012-10-25
Date of last filing: 2013-09-24
Assigned to: Judge Joan N. Ericksen
Referred to: Magistrate Judge Franklin L. Noel
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
Michael Dugas
1314 Marquette Ave. Minneapolis, MN 55403 651-503-0292 Email: Michael.K.Dugas@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul R Hansmeier
Class Action Justice Institute LLC 40 S 7th St. Suite 212-313 Minneapolis, MN 55402 612-234-5744 Email: mail@classjustice.org
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe
Defendant
Paul A. Duffy
Movant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-15 1 0 Complaint COMPLAINT against John Doe ( Filing fee $ 350 receipt number 40065718.) assigned to Judge Ann D. Montgomery per Master List and referred to Magistrate Judge Steven E. Rau, filed by AF Holdings LLC. (Attachments: # (1) Exhibits, # (2) Civil Cover Sheet) (kt) Document QCd on 6/19/12. (RLR) 2013-08-04 21:54:11 b6eceb26d8dbc8845c10c9094bec91e1faa5c4ff
1 1 Exhibits 2012-12-08 18:27:28 edd9365efa26528ff1c1f971f62aeb051ec930be
1 2 Civil Cover Sheet
2012-06-19 2 0 Rule 7.1 - Disclosure Statement RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff AF Holdings LLC. (Dugas, Michael)
2012-06-20 3 0 Motion to Expedite Ex Parte MOTION to Expedite Discovery by AF Holdings LLC. (Dugas, Michael)
2012-06-20 4 0 Memorandum in Support of Motion MEMORANDUM in Support re [3] Ex Parte MOTION to Expedite Discovery filed by AF Holdings LLC. (Attachments: # (1) LR7.1 Word Count Compliance Certificate)(Dugas, Michael)
2012-06-20 5 0 Exhibit EXHIBIT re [4] Memorandum in Support of Motion by AF Holdings LLC filed by AF Holdings LLC. (Dugas, Michael)
2012-06-22 6 0 Order Reassigning Case ORDER REASSIGNING CASE. Case reassigned to Judge Joan N. Ericksen and Magistrate Judge Franklin L. Noel for all further proceedings. Judge Ann D. Montgomery, and Magistrate Judge Steven E. Rau no longer assigned to case. NOTE: the new case number is 12-cv-1446 JNE/FLN. Please use this case number for all subsequent pleadings. Signed by Judge Joan N. Ericksen, Judge Ann D. Montgomery, and Judge David S. Doty on 6/20/2012.(LJG)
2012-07-05 7 0 Order on Motion to Expedite ORDER denying [3] Motion to expedite discovery. Signed by Magistrate Judge Franklin L. Noel on 7/3/2012. (JME) 2012-11-30 14:00:27 f5b431de3bed4dd05758b26ce24f569cdc8be518
2012-07-05 8 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge [7] Order on Motion to Expedite by AF Holdings LLC. (Dugas, Michael) Modified event type on 7/6/2012 (JME). 2013-02-26 14:04:13 d20507ec7abc7b08a1bae043dc5409a82cdf9608
2012-08-03 9 0 Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge ORDER:, IT IS ORDERED THAT:1.AF Holdings may immediately serve a subpoena under Rule 45 of the Federal Rules of Civil Procedure on Garden Valley Telephone Company. The subpoena may request only the name and current address of John Doe, associated with IP address 66.219.11.37. AF Holdings shall attach a copy of this Order to the subpoena.a.Within 7 days of the receipt of the subpoena and copy of this Order, Garden Valley Telephone Company shall serve a copy of the subpoena and Order on John Doe. Garden Valley Telephone Company may effectuate service using any reasonable means, including written notice sent to John Does last known address via first-class mail.b.Within 28 days of service of the subpoena and Order on John Doe, Garden Valley Telephone Company or John Doe may serve and file a motion contesting the subpoena (including a motion to quash or modify the subpoena). If neither Garden Valley Telephone Company nor John Doe so moves to contest the subpoena, then Garden Valley Telephone Company shall produce the subpoenaed information within 7 days after the expiration of the 28-day period.2.Any information disclosed to AF Holdings in response to the subpoena shall be used by AF Holdings solely for the purpose of protecting its rights as set forth in its Complaint.3.If Garden Valley Telephone Company elects to charge for the costs of production and notification of John Doe, then it shall provide a billing summary and cost report to AF Holdings. AF Holdings and Garden Valley Telephone Company shall confer, if necessary, with respect to the issue of payment.4.Garden Valley Telephone Company shall preserve any subpoenaed information pending the resolution of any timely-filed motion contesting the subpoena.5.Within 1 day of extending any offer to settle to John Doe or having any other contact with John Doe, AF Holdings shall disclose the offer or contact to the Court by filing under seal a copy of (1) any written communication between AF Holdings and John Doe or (2) a transcript of any oral communication between AF Holdings and John Doe. Signed by Judge Joan N. Ericksen on August 3, 2012. (slf) 2013-02-26 14:06:47 36d9f8ec4512e17e3c97fdedb99099ef2e6e16c5
2012-10-02 10 0 Notice (Other) NOTICE by AF Holdings LLC re [9] Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge, In Compliance with Order [9]. (Attachments: # (1) Certificate of Service). SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/2/12. (Dugas, Michael) Modified on 10/3/2012 (akl).
10 1 Certificate of Service
2012-10-25 11 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by AF Holdings LLC (Attachments: # (1) Certificate of Service)(Dugas, Michael) 2013-07-31 05:56:19 998fa024c0fb982e525d626720df51f986f9c07d
11 1 Certificate of Service
2013-06-20 12 0 Order ORDER. Signed by Magistrate Judge Franklin L. Noel on 6/20/13. (Attachments: # (1) Attachment)(kt)DOCUMENT QC'D ON 6/27/13 LGL Modified on 6/27/2013 (LGL). 2013-06-21 13:59:13 dd2ebba52ff266b22b9f016b85541c1cc38065e3
12 1 Attachment 2013-07-21 02:33:12 6291fb139d951eb64fa9109afe0171193df2f771
2013-06-25 13 0 Declaration DECLARATION of Michael K. Dugas re [12] Order by AF Holdings LLC . (Attachments: # (1) Certificate of Service)(Dugas, Michael) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 6/25/13 Modified on 7/1/2013 (LGL).
13 1 Certificate of Service
2013-07-16 14 0 Order ORDER: By order dated June 20, 2013, the Court reopened this case for the purpose of determining whether the plaintiff committed a fraud on the court. Pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.4, a case-management conference in the above-captioned matter will be held on August 5, 2013 at 1:30 p.m. before the undersigned in chambers at Suite 9W, United States Courthouse, 300 South 4th Street, Minneapolis, Minnesota. It is HEREBY ORDERED that: 1. Mr. Michael K. Dugas, an officer for the plaintiff AF Holdings LLC, and the John Doe defendant shall appear at the conference. 2. Within three days of the date of this order, Mr. Michael K. Dugas shall file a declaration in which he declares under penalty of perjury that the individuals identified in paragraph 1 have been served with a copy of this order. In Chambers Conference set for 8/5/2013 01:30 PM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel. Signed by Magistrate Judge Franklin L. Noel on 07/16/2013. (lmb) 2013-07-16 17:03:32 dafba723d041b1fa5ee66d66050c5457f39559ed
2013-07-19 15 0 Declaration DECLARATION of Michael Dugas re [14] Order,,,,, Set Deadlines/Hearings,,,, by AF Holdings LLC . (Dugas, Michael) 2013-07-19 20:53:16 6dc4899a01f866819784b215f082d68ce9875f00
2013-07-29 16 0 Notice of Attorney Appearance/Substitution NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for AF Holdings LLC. (Hansmeier, Paul)
2013-07-29 17 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [14] Order, Set Deadlines/Hearings, (Hansmeier, Paul) Modified on 7/30/2013 (jam).
2013-07-29 18 0 Objections STRICKEN PER [24] ORDER: OBJECTIONS of Paul A. Duffy re [14] Order. (Attachments: # (1) Exhibit(s) Part 1, # (2) Exhibit(s) Part 2, # (3) Exhibit(s) Part 3, # (4) Exhibit(s) Part 4, # (5) Exhibit(s) Part 5, # (6) LR7.1/LR72.2 Word Count Compliance Certificate, # (7) Certificate of Service)(jam) DOCUMENT QC'D ON 7/31/13 LGL Modified on 7/31/2013 (LGL). Modified on 8/2/2013 (kt).
18 1 Exhibit(s) Part 1
18 2 Exhibit(s) Part 2
18 3 Exhibit(s) Part 3
18 4 Exhibit(s) Part 4
18 5 Exhibit(s) Part 5
18 6 LR7.1/LR72.2 Word Count Compliance Certificate
18 7 Certificate of Service
2013-07-30 19 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE by Michael Dugas . (Dugas, Michael) 2013-07-31 01:33:17 ed0ea73217fda61ec9ab2a87ed8d3d5beae7ea50
2013-07-31 20 0 Letter From Judge LETTER from Magistrate Judge Franklin L. Noel. (cc: emailed to Dugas by Chambers) (akl) 2013-08-01 01:08:11 f52dc04fb4c851bf187cf73172cb41ffdc35125a
2013-08-02 21 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE by Alan Cooper . (Godfread, Paul) 2013-08-03 00:39:34 9476c9ada69649af59a69b7f8df19a95e1409648
2013-08-02 22 0 Letter From Judge LETTER from Magistrate Judge Franklin L. Noel to Mr. Godfread. (akl) 2013-08-03 00:40:15 02bc604594cfdb4c059ac9e833d9d7c2ed6ffe63
2013-08-02 23 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE from Paul A. Duffy. (akl)DOCUMENT QC'D ON 8/6/13 LGL Modified on 8/6/2013 (LGL). 2013-08-03 00:40:17 6b072cd1bcaf0fd3cc40bd6e72b32ba5f24cc43c
2013-08-02 24 0 Order ORDER. In light of the foregoing, it is HEREBY ORDERED that: 1. The Clerk of Court shall strike non-party Paul Duffys pro se objections (ECF No. 19 for 12-CV-1445; ECF No. 18 for 12-CV-1446; ECF No. 25 for 12-CV-1447; ECF No. 18 for 12-CV-1448; and ECF No. 39 for 12-CV-1449) from the record. 2. Paul Duffy, as an officer of Prenda Law, Inc., may appear at the case-management conference by telephone. Duffy is responsible for making all of the necessary arrangements to appear by telephone. 3. To the extent Paul Duffy, as an officer of Prenda Law, Inc., seeks to postpone the case-management conferences, that request is denied. Signed by Magistrate Judge Franklin L. Noel on 08/02/13. (TSS) 2013-08-03 00:41:18 e0028aac2f52af3461a87f15c13eb3686b740971
2013-08-02 25 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE by AF Holdings LLC re Attorney Santi Letter. (Hansmeier, Paul) 2013-08-03 00:32:10 fdd8600c884d8c2a9639f58d4b7dc29460685642
2013-08-05 26 0 Pretrial Conference - Initial Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Initial Pretrial Conference held on 8/5/2013. The participants discussed the status of this case. The plaintiff informed the Court that this case was dismissed without a settlement. (lmb) 2013-08-06 13:57:17 c07113f6613ac6196ee443bf4eea7f22374560da
2013-08-16 27 0 Notice (Other) NOTICE by AF Holdings LLC of Intent to Proceed (Hansmeier, Paul) 2013-08-16 20:48:18 9d98f6898d2ff373be2c74ab0e2c62d2276df448
2013-08-16 28 0 Certificate of Service CERTIFICATE OF SERVICE by AF Holdings LLC re [27] Notice (Other) (Hansmeier, Paul) 2013-08-22 11:20:27 0ae88474e6485121c0555eba266fdfeb370c5574
2013-08-19 29 0 Notice of Withdrawal as Attorney NOTICE of Withdrawal as Attorney (Dugas, Michael) 2013-08-22 11:19:06 91569e09785f262204de29c44a15f8adac506296
2013-08-19 30 0 Order ORDER that:1. The plaintiff shall file a memorandum of law on or before August 26, 2013. 2. The Clerk of Court shall correct the docket to reflect that Mr. Michael K. Dugas remains counsel of record for the plaintiff. SEE ORDER FOR FURTHER DETAILS. Signed by Magistrate Judge Franklin L. Noel on 8/19/13. (jam) 2013-08-22 11:18:25 fb5f72ed266e8f9de707c6cfc89fbc4e387fe6e0
2013-08-26 31 0 Response RESPONSE re [30] Order, filed by AF Holdings LLC. (Attachments: # (1) Exhibit(s) Steele Affidavit, # (2) Exhibit(s) Lutz Affidavit, # (3) Exhibit(s) Flesher Affidavit, # (4) Exhibit(s) Nazaire Affidavit, # (5) Exhibit(s) Goodhue Affidavit, # (6) Exhibit(s) Gibbs Dec. Declaration, # (7) Exhibit(s) Gibbs Aug. Declaration, # (8) Exhibit(s) Rogers Affidavit, # (9) Exhibit(s) Berry Affidavit)(Hansmeier, Paul)
2013-08-28 32 0 Order ORDER: 1. The Court will hold an evidentiary hearing in Courtroom 9W, U.S. Courthouse, 300 South Fourth Street, Minneapolis, MN on September 30, 2013 at 9:30am. 2. The scope of the evidentiary hearing will be limited to whether the following documents are authentic: a. The copyright-assignment agreement for "Popular Demand" dated December 20, 2011 and attached as Exhibit B to ECF No. 1 in 12-cv-1446, 12-cv-1447, and 12-cv-1449; b. The copyright-assignment agreement for "Sexual Obsession" dated June 12, 2011 and attached as Exhibit B to ECF No. 1 in 12-cv-1445 and 12-cv-1448. 3. The plaintiff, as the proponent of the documents in question, shall bear the burden of establishing that each document is authentic. See Fed. R. Evid. 901(a) ("To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponentclaims it is"). 4. Mr. Alan Cooper shall appear in person at the evidentiary hearing. 5. An officer of the plaintiff, capable of testifying as to the authenticity of each document, shall appear in person at the evidentiary hearing. 6. Mr. Paul Godfreads request to file a motion to intervene in these cases (ECF No. 18 for 12-cv-1449) for the limited purpose of challenging the authenticity of the documents described above is GRANTED. Any such motion shall be filed forthwith. Signed by Magistrate Judge Franklin L. Noel on 8/28/13. (akl) 2013-08-29 21:22:16 9e63f514145ca2ac4a994e0c8d5ea9f9761304aa
2013-09-02 33 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [30] Order, (Attachments: # (1) Exhibit(s) Declaration of Mark Lutz, # (2) LR7.1/LR72.2 Word Count Compliance Certificate)(Dugas, Michael)
2013-09-03 34 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [32] Order,,,,,, Set Deadlines/Hearings,,,,, (Attachments: # (1) LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul)
2013-09-19 35 0 Motion to Dismiss/Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction by AF Holdings LLC. (Hansmeier, Paul) 2013-10-24 13:56:23 eed1a95e20e7844b1f1d1b6b1dc089d14cbf4281
2013-09-19 36 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION [35] MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 11/13/2013 09:30 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Hansmeier, Paul)
2013-09-19 37 0 Memorandum in Support of Motion MEMORANDUM in Support re [35] MOTION to Dismiss for Lack of Jurisdiction filed by AF Holdings LLC. (Attachments: # (1) LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul)
2013-09-20 38 0 Motion to Intervene MOTION to Intervene by Alan Cooper. (Godfread, Paul) (Entered: 09/20/2013)
2013-09-20 39 0 Memorandum in Support of Motion MEMORANDUM in Support re 38 MOTION to Intervene filed by Alan Cooper. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Godfread, Paul) (Entered: 09/20/2013) 2013-09-20 16:13:05 10224110a13cf8aad03c7b10c8e9f75b5ecd9730
39 1 LR7.1/LR72.2 Word Count Compliance Certificate
2013-09-20 40 0 Declaration in Support Declaration of Paul Godfread in Support of 39 Memorandum in Support of Motion, 38 MOTION to Intervene filed by Alan Cooper. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L)(Godfread, Paul) (Entered: 09/20/2013)
2013-09-20 41 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION 38 MOTION to Intervene : Motion Hearing set for 9/30/2013 09:30 AM in Courtroom 9W (MPLS) before Magistrate Judge Franklin L. Noel. (Attachments: # 1 Certificate of Service)(Godfread, Paul) (Entered: 09/20/2013)
2013-09-24 42 0 Order ORDER re 32 Order, 41 Notice of Hearing on Motion, 38 MOTION to Intervene. (See Order for Details). Signed by Magistrate Judge Franklin L. Noel on 09/23/2013. (lmb) (Entered: 09/24/2013) 2013-09-24 21:47:28 992d4309453c3b73dde99db0ee7ccfb7d3e4438b
45 0