Case details

Court: cacd
Docket #: 2:12-cv-07386
Case Name: Ingenuity 13 LLC v. John Doe
PACER case #: 540998
Date filed: 2012-08-28
Date of last filing: 2013-01-29
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

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-28 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 John E. McDermott.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity 13 LLC. [No Summons issued on 8/28/2012.] (et) (mg). (Entered: 08/29/2012) 2013-05-28 15:29:36 6c09affbea3938818d90c5dff688ab04fcb536f1
2012-08-28 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity 13 LLC. (et) (mg). (Entered: 08/29/2012)
2012-08-28 3 0 Report on Filing of Copyright Action (Initial Notification) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ingenuity 13 LLC. (et) (Entered: 08/29/2012)
2012-08-28 4 0 Notice to Parties of Court-Directed ADR Program (ADR-8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/29/2012)
2012-08-30 5 0 Initial Order upon Filing of Complaint INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (ms) (Entered: 08/30/2012)
2012-09-11 6 0 Ex Parte Applicaton for Leave re Discovery re Discovery EX PARTE APPLICATION for Leave to Take Expedited Discovery filed by Plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit A - Declaration of Peter Hansemeier in Support of Plaintiff's Application, # 2 Exhibit B - ISP Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 09/11/2012)
2012-09-12 7 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE IN CHAMBERS - ORDER AND NOTICE TO PARTIES by Judge Dolly M. Gee: The Court hereby REFERS EX PARTE APPLICATION for Leave to Take Expedited Discovery 6 to Magistrate Judge John E. McDermott for ruling. (jp) (Entered: 09/12/2012) 2012-09-16 14:18:39 66e837c4134de5043a1fe4b190994ae26c321104
2012-09-18 8 0 Order on Ex Parte Application for Leave re Discovery Matter ORDER by Magistrate Judge John E. McDermott, The Court has reviewed the Complaint with attached Exhibits, Plaintiffs Ex Parte Application for Leave to Take Expedited Discovery and all the papers filed in connection with the motion, and relevant case law. Accordingly, it is hereby ORDERED that Plaintiffs Ex Parte Application for Leave to Take Discovery is GRANTED; it is further ORDERED that Plaintiff may immediately serve Rule 45 subpoena(s) to identify John Doe associated with the Internet Protocol (IP) address listed in the Complaint. 6 Ex Parte Application for Leave (SEE ORDER FOR FURTHER DETAILS) (lmh) (Entered: 09/18/2012)
2012-12-03 9 0 Notice of Related Case(s) NOTICE of Related Case(s) filed by Putative John Doe John Doe. Related Case(s): 2:12-cv-05709-ODW-JC; 2:12-cv-06635-GHK-RZ; 2:12-cv-06660-GAF-AGR; 2:12-cv-07385-DSF-FFM; 2:12-cv-07386-DMG-JEM; 2:12-cv-08322-DMG-PJW; 2:12-cv-08333-DMG-PJW (Attachments: # 1 Appendix 1 - Letter Filed by Counsel for Alan Cooper in District of Minnesota, # 2 Appendix 2 - Transcript of Prenda Hearing in Middle District of Florida, # 3 Appendix 3 - Table of Related Ingenuity 13 and AF Holdings Cases in Central District of California)(Pietz, Morgan) (Entered: 12/03/2012)
2012-12-07 10 0 Response (non-motion) RESPONSE filed by Plaintiff Ingenuity 13 LLCto Notice of Related Case(s), Notice of Related Case(s), Notice of Related Case(s) 9 (Gibbs, Brett) (Entered: 12/07/2012)
2012-12-10 11 0 Notice of Related Case(s) NOTICE of Related Case(s) filed by Putative John Doe in 2:12-cv-8333-DMG-PJW John Doe. John Doe's Supplement to Notice of Related Cases (Attachments: # 1 Exhibit A - Sworn Affidavit of Alan Cooper, # 2 Exhibit B - Meet and Confer Emails re Alan Cooper)(Pietz, Morgan) (Entered: 12/10/2012)
2012-12-14 12 0 Response (non-motion) RESPONSE filed by Plaintiff Ingenuity 13 LLCto Notice of Related Case(s), Notice of Related Case(s) 11 TO SUPPLEMENT TO NOTICE OF RELATED CASES (Gibbs, Brett) (Entered: 12/14/2012)
2012-12-17 13 0 Motion for Sanctions NOTICE OF MOTION AND MOTION for Sanctions Attorney Morgan Pietz filed by plaintiff Ingenuity 13 LLC. Motion set for hearing on 1/18/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Proposed Order)(Gibbs, Brett) (Entered: 12/17/2012)
2012-12-19 14 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 12-05709 ODW(JCx). Case transferred from Judge Dolly M. Gee and Magistrate Judge John E. McDermott 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 12-07386 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
2012-12-20 15 0 Text Only Scheduling Notice COUNSEL ARE NOTIFIED re: MOTION for Sanctions Attorney Morgan Pietz 13 Motion CONTINUED to 1/28/2013 at 1:30 PM before Judge Otis D Wright II. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sce) TEXT ONLY ENTRY (Entered: 12/20/2012)
2012-12-20 16 0 Minutes of In Chambers Order/Directive - no proceeding held 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: 12/20/2012) 2012-12-21 19:39:28 ad6a253b44bc72e972e58bf3cbfd080d7ff3a5f3
2012-12-20 17 0 Order to Show Cause 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)
2012-12-28 18 0 Order on Motion for Sanctions ORDER by Judge Otis D Wright, II: denying 13 plaintiffs Motion for Sanctions against attorney Morgan Pietz. (lc) (Entered: 12/28/2012)
2012-12-31 19 0 Motion to Disqualify Judge 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 20 0 Referral of Motion to Disqualify (CV 54) 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 19 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-15 21 0 Order on Motion to Disqualify Judge 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)
2013-01-28 22 0 Order to Show Cause 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) 2013-01-29 07:15:32 e0d954947b4282edf102c4414f3a4d809f79775f
2013-01-29 23 0 Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) 2013-01-31 08:58:00 8b8ff029b58cd52216fe03d0a8000feb2ccb8925