Case details

Court: cacd
Docket #: 2:12-cv-08332
Case Name: Ingenuity 13 LLC v. John Doe
PACER case #: 543637
Date filed: 2012-09-27
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

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-09-27 1 0 COMPLAINT against Defendant John Doe. Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Patrick J. Walsh.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity 13 LLC. [Summons not issued on 9/27/2012.] (et) (mg). (Entered: 09/28/2012)
2012-09-27 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity 13 LLC. (et) (mg). (Entered: 09/28/2012)
2012-09-27 3 0 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ingenuity 13 LLC. (et) (Entered: 09/28/2012)
2012-09-27 4 0 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/28/2012)
2012-10-04 5 0 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 10/4/12 addressed to blgibbs@wefightpiracy.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Judge for further proceedings. (mg) (Entered: 10/04/2012)
2012-10-05 6 0 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 10/4/12: initiating documents. (mg) (Entered: 10/05/2012)
2012-10-05 7 0 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 10/5/12: initiating documents. (mg) (Entered: 10/05/2012)
2012-10-08 8 0 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 Proposed Order)(Gibbs, Brett) (Entered: 10/08/2012)
2012-10-09 9 0 ORDER GRANTING Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery, 8 by Magistrate Judge Patrick J. Walsh. (ca) (Entered: 10/09/2012)
2012-10-17 10 0 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-08322 DMG(PJWx). Case transferred from Judge Margaret M. Morrow to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-08332 DMG(PJWx).Signed by Judge Dolly M. Gee (rn) (Entered: 10/17/2012)
2012-10-23 11 0 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (ms) (Entered: 10/23/2012)
2012-10-23 12 0 MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United StatesDistrict Judge, pursuant to the Order re Transfer Pursuant to General Order 08-05 (Related Cases), filed on October 17, 2012. SEE ORDER. (ms) (Entered: 10/23/2012)
2012-12-12 13 0 MINUTES OF IN CHAMBERS - ORDER TO COMPLY WITH FED. R. CIV. P. 4(m) by Judge Dolly M. Gee: This Order serves to notify Plaintiff of Rule 4(m) and warn Plaintiff that it must abide by Rule 4(m)'s requirement to serve the defendant within 120 days of filing the Complaint, including by timely seeking leave to conduct early limited discovery pursuant to Rule 26(d)(1), or show good cause why, through due diligence, the defendant's identity cannot be ascertained by that time. Failure to timely and adequately comply as required herein by serving the defendant or showing good cause why the defendant cannot be ascertained by Show Cause Response due by 1/28/2013, will result in the summary dismissal of this action. Court Reporter: Not Reported. (gk) (Entered: 12/13/2012)
2012-12-19 14 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 Patrick J. Walsh 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 12-08332 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
2012-12-20 15 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: 12/20/2012)
2012-12-20 16 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)
2012-12-31 17 0 NOTICE OF MOTION AND MOTION to Disqualify Judge Hon. 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 18 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 17 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-15 19 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 17 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-28 20 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: 01/28/2013) 2013-01-29 07:17:14 ff89c71fc5c11836c31ec6c07e70d99e94d002c3
2013-01-28 21 0 NOTICE of Voluntary Dismissal filed by plaintiff Ingenuity 13 LLC. Dismissal is without prejudice. (Gibbs, Brett) (Entered: 01/28/2013) 2013-01-30 02:52:45 d7f71507766dd4188bbfd2a20c8967bf71b8eef7