Case details

Court: cacd
Docket #: 2:12-cv-06668
Case Name: Ingenuity13 LLC v. John Doe
PACER case #: 539007
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
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: 01/07/2013
Mayon Denton
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 John A Kronstadt for all further proceedings. Discovery referred to Magistrate Judge Stephen J. Hillman. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity13 LLC. (et) [Summons Not issued on 8/2/12.] (mg). (Entered: 08/06/2012) 2012-09-16 13:42:38 feff033e220b9f840544204751bdbeb8b963d944
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)
2012-08-06 4 0 Initial Order upon Filing of Complaint INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt: Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. The Initial Standing Order can also be found on the Court's Website under Judge Kronstadt's Procedures and Schedules, which is always the most recent and updated version. (ake) (Entered: 08/06/2012)
2012-08-02 5 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)
2012-08-24 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 Stephen J. Hillman: granting 6 Ex Parte Application for Leave to take expedited deposition. (sbu) (Entered: 08/27/2012)
2012-09-28 8 0 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 Stephen J. Hillman and Judge John A Kronstadt 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 12-06668 GAF(AGRx).Signed by Judge Gary A. Feess (rn) (Entered: 09/28/2012)
2012-12-11 9 0 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 12-06668 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
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 subpoenas Ingenuity 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 its discovery 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 information given that the actual infringer may be a person entirely unrelated to the subscriber while 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)
2012-12-20 12 0 ORDER TO SHOW CAUSE RE LACK OF SERVI 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) 2012-12-26 01:24:35 4edbcc6b743e5ae0b60d8df043b5f9a994fd3170
2012-12-27 13 0 RESPONSE filed by Plaintiff Ingenuity 13 LLCto Order to Show Cause, 12 Re Lack of Service (Gibbs, Brett) (Entered: 12/27/2012) 2012-12-28 02:58:13 25321ee73d95f795a86799474ca229485564147c
2012-12-31 14 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)
2013-01-02 15 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 14 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-07 16 0 AMENDED COMPLAINT against defendant Mayon Denton; Party John Doe terminated amending Complaint - (Discovery) 1 Jury Demand,filed by plaintiff Ingenuity 13 LLC (lc) (lc). (Additional attachment(s) added on 1/8/2013: # 1 issued summons) (lc). (Entered: 01/07/2013)
2013-01-15 17 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 14 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-29 18 0 NOTICE of Voluntary Dismissal filed by plaintiff Ingenuity 13 LLC. Dismissal is without prejudice. (Gibbs, Brett) (Entered: 01/29/2013) 2013-01-30 02:49:37 f1fde5c9c904ad6488ba46d26060fd2be0dce99b
2013-01-31 19 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 20 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)