Case details

Court: cacd
Docket #: 2:12-cv-06662
Case Name: Ingenuity13 LLC v. John Doe
PACER case #: 539004
Date filed: 2012-08-02
Date terminated: 2013-01-29
Date of last filing: 2013-02-27
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
Ingenuity 13 LLC
Plaintiff
Brett Langdon Gibbs
38 Miller Avenue Suite 263 Mill Valley, CA 94941 415-381-3104 Email: brett.gibbs@gmail.com
ATTORNEY TO BE NOTICED

John Doe
Defendant
TERMINATED: 12/26/2012
Benjamin Wagar
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 Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Paul L. Abrams.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity13 LLC. [Summons not Issued on 8/2/2012.] (et) (mg). (Entered: 08/06/2012) 2013-05-28 23:21:31 b3889648dc3ef01063c96674c6a556b454c7baa0
2012-08-02 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity13 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 Ingenuity13 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)
2012-08-02 5 0 Order STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by noticed removal, defendant shall serve this Order on all other parties. (ys) (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 Ingenuity13 LLC. (Attachments: # 1 Exhibit A - Hansmeier Declaration, # 2 Exhibit B - ISP Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 08/24/2012)
2012-08-27 7 0 Order on Ex Parte Application for Leave re Discovery Matter ORDER by Magistrate Judge Paul L. Abrams GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY 6 . **NOTE: CHANGES MADE BY THE COURT / SEE ORDER FOR DETAILS.** (ch) (Entered: 08/27/2012) 2012-10-08 16:31:30 4f2f81e97ba6d96d1e4dc316093ea6662274c502
2012-09-28 8 0 Transferring Case purs GO 08-05 (Related Case (CV 34) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-06660 GAF(AGRx). Case transferred from Magistrate Judge Paul L. Abrams and Judge Percy Anderson to Judge Gary A. Feess and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-06662 GAF(PLAx).Signed by Judge Gary A. Feess (rn) (Entered: 09/28/2012) 2012-10-08 16:34:56 81ca440edc22e2d3e57cf3773f871b3af367a982
2012-12-11 9 0 Text Only Scheduling Notice ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION. Plaintiff(s) are ORDERED to show cause why this case should not be dismissed, for lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962) (court has inherent power to dismiss for lack of prosecution on its own motion). In this matter: Plaintiff(s) have failed to file a proof of service within 120 days of the filing of the Complaint. Plaintiff(s) can satisfy this order by showing that service was effectuated within the 120 day deadline or by showing good cause for the failure to do so. Fed. R. Civ. P. 4(m). Plaintiffs must respond to this order within 20 days. Failure to respond to this OSC will be deemed consent to the dismissal of the action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(rfi) TEXT ONLY ENTRY (Entered: 12/11/2012)
2012-12-19 10 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 Gary A. Feess and Magistrate Judge Alicia G. Rosenberg 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 12-06662 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012) 2012-12-20 00:19:55 e6bf56ff776cf75514c80031fb95aa597da517d7
2012-12-20 11 0 ORDER VACATING PRIOR EARLY DISCOVERY ORDERS AND ORDER TO SHOW CAUSE by Judge Otis D Wright, II:This copyright infringement case filed by Plaintiff Ingenuity 13 LLC has been transferred to this Court. 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 Ingenuity 13 to cease its discovery efforts relating to or based on information obtained through any above mentioned Rule 45 subpoenasIngenuity 13s previously issued subpoenas in this case are hereby QUASHED. Within 3 days of this order, Ingenuity 13 must serve a copy of this order to all parties it subpoenaed in this case.Further, Ingenuity 13 must submit a discovery status report detailing itsdiscovery efforts in this case with respect to identifying or locating the Doe Defendant by December 31, 2012. This report must name all persons Ingenuity 13 TO SHOW CAUSE in writing by December 31, 2012, why early discovery is warranted in this situation. No appearances are necessary. Under Ninth Circuit precedent, a plaintiff should ordinarily be allowed discovery to uncover their identities, but discovery may be denied if it is (1) clear that discovery would not uncover the identities, or (2) that the complaint would be dismissed on other grounds. Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). Ingenuity 13 must demonstrate to the Court, in light of the Courts above discussion, how it would proceed to uncover the identity of the actual infringer once it has obtained subscriber informationgiven that the actual infringer may be a person entirely unrelated to the subscriberwhile also considering how to minimize harassment and embarrassment of innocent citizens. Ingenuity 13 must also explain how it can guarantee to the Court that any such subscriber information would not be used to simply coerce a settlement from the subscriber (the easy route), as opposed to finding out who the true infringer is (the hard route).Ingenuity 13s discovery status report and response to this Order to Show Cause should be filed only in case no. 2:12-cv-6662-ODW(JCx), and should be combined with the discovery status reports and responses for the related Ingenuity 13 cases. Failure to timely comply with this order will result in the dismissal of this case. (lc) (Entered: 12/21/2012) 2012-12-21 14:06:58 227b9bd8793b9d1fd8f095b420ab29b2506fb6f3
2012-12-20 12 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) 2012-12-21 14:09:47 173bf4d922c21c2c30ce7c18e5ea8ebd25493851
2012-12-26 13 0 AMENDED COMPLAINT against defendant Benjamin Wagar; Party John Doe terminated amending Complaint - (Discovery) 1 Jury Demand,filed by plaintiff Ingenuity 13 LLC (lc) (lc). (Entered: 12/26/2012)
2012-12-27 14 0 RESPONSE filed by Plaintiff Ingenuity 13 LLCto Order to Show Cause, 12 re Lack of Service (Gibbs, Brett) (Entered: 12/27/2012) 2012-12-27 23:45:14 3108ebb8d4a0c08199a935c45957ce995e5b8432
2012-12-27 15 0 RESPONSE filed by Plaintiff Ingenuity 13 LLCto Order to Show Cause, Terminate Deadlines and Hearings, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,, 11 Response to Discovery Status Report and Order to Show Cause (Gibbs, Brett) (Entered: 12/27/2012) 2012-12-27 23:48:45 38ae5e5a6758695be95c871691ba43055e87dfbf
2012-12-31 16 0 NOTICE OF MOTION AND MOTION to Disqualify Judge Hon. Judge Otis D. Wright, II filed by plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Gibbs, Brett) (Entered: 12/31/2012) 2012-12-31 15:45:48 2011ee61835eb2ea23c51cb95899e853917fdb8a
16 1 Exhibit A 2012-12-31 15:49:49 7b09a0243a5081da8fb0d860f078b5baee4def9d
16 2 Exhibit B
16 3 Exhibit C
16 4 Exhibit D 2012-12-31 15:50:20 fcd07a7b2149ad49d25d1e1ed3b51bd068006a31
16 5 Proposed Order 2012-12-31 15:51:29 263f259c5d6b0e4055d48758108b10c62931632a
2013-01-02 17 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. Judge Otis D. Wright, II 16 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013) 2013-01-02 16:54:41 2147c0c9142c8d3a9ea6c61de192000113883ba8
2013-01-15 18 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 16 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-29 19 0 NOTICE of Voluntary Dismissal filed by plaintiff Ingenuity 13 LLC. Dismissal is without prejudice. (Gibbs, Brett) (Entered: 01/29/2013) 2013-01-29 22:13:17 5434a48698016316bce3107fbd7bbeeb4ce2c8f4
2013-01-31 20 0 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) mailed closing report to Copyright Office. (Attachments: # 1 dismissal) (lc) (Entered: 01/31/2013)
2013-02-07 21 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 Cooper to either confirm or refute the fraud allegations. (lc) (Entered: 02/07/2013) 2013-02-08 07:43:21 b8fbfd366cc79d872ebc974979ed11473a451150
2013-02-19 22 0 RESPONSE filed by Plaintiff Ingenuity 13 LLC (Park, Won) (Entered: 02/19/2013)
2013-02-19 23 0 DECLARATION re Response (non-motion) 22 in support of Response to 2/7/13 OSC filed by Plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit Exhibits 1-4 to Gibbs Declaration)(Park, Won) (Entered: 02/19/2013)
2013-02-19 24 0 NOTICE Request for Judicial Notice filed by Specially Appearing Respondent Brett L. Gibbs Ingenuity 13 LLC. (Attachments: # 1 Exhibit Exhibits 1-5 to RJN)(Park, Won) (Entered: 02/19/2013)
2013-02-21 25 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 24 . 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 26 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, 2013 hearing. (lc) Modified on 2/28/2013 (lc). (Entered: 02/28/2013)
2013-05-21 27 0 NOTICE OF MOTION AND MOTION of Brett Gibbs to Withdraw as Attorney filed by Plaintiff Ingenuity 13 LLC. (Gibbs, Brett) (Entered: 05/21/2013)
2013-05-22 28 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION of Brett Gibbs to Withdraw as Attorney 27 . The following error(s) was found: Hearing information is missing, Pdf is a Combined "motion" with it is so ordered on last page, and not prepared formally and submitted as a separate attachment. 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: 05/22/2013)