Case details

Court: cacd
Docket #: 2:12-cv-08323
Case Name: Ingenuity 13 LLC v. John Doe
PACER case #: 543763
Date filed: 2012-09-27
Date of last filing: 2012-11-01
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 - (Discovery) COMPLAINT against Defendant John Doe. Case assigned to Judge Manuel L. Real for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity 13 LLC. [Summons not issued on 9/27/2012.] (et) (mg). (Entered: 10/01/2012)
2012-09-27 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity 13 LLC. (et) (mg). (Entered: 10/01/2012)
2012-09-27 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: 10/01/2012)
2012-10-04 4 0 E-mail/Telephone Notification Re Local Rule 3-2 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)
2012-10-04 5 0 Order ORDER RE: NOTICE TO COUNSEL that this case has been assigned to the calendar of Judge Manuel L Real. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the FRCP. NONCOMPLIANCE MAY LEAD TO THE IMPOSITION OF SANCTIONS WHICH MAY INCLUDE THE STRIKING OF PLEADINGS AND ENTRY OF JUDGMENT OR DISMISSAL OF THE ACTION. (jp) (Entered: 10/04/2012)
2012-10-04 6 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE: PROCEEDINGS: ORDER TO SHOW CAUSE TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Judge Manuel L. Real: THIS MATTER IS SET ON CALENDAR FOR HEARING ON10/22/2012 AT 11:00 AM. FOR AN ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF PERSONAL JURISDICTION. FAILURE TO ATTEND MAY RESULT IN DISMISSAL OF THE ACTION. (jp) (Entered: 10/04/2012)
2012-10-05 7 0 PDF Document(s) Received Re Local Rule 3-2 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 8 0 PDF Document(s) Attached Re Local Rule 3-2 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 9 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: 10/08/2012)
2012-10-09 10 0 Application for Relief APPLICATION for Relief from to Appear by Telephone At Upcoming Hearing re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,, 6 Administrative Motion to Appear by Telephone filed by Plaintiff Ingenuity 13 LLC. (Attachments: # 1 Proposed Order)(Gibbs, Brett) (Entered: 10/09/2012) 2012-10-26 14:59:30 3473ed5402c7d1aafafc6bb8f98f17dc195d2a6b
10 1 Proposed Order
2012-10-17 11 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 12-08322 DMG(PJWx). Case transferred from Magistrate Judge Frederick F. Mumm and Judge Manuel L. Real to Judge Dolly M. Gee and Magistrate Judge Patrick J. Walsh for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-08323 DMG(PJWx).Signed by Judge Dolly M. Gee (rn) (Entered: 10/17/2012)
2012-10-17 12 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real: This case has now been transferred to the docket of Judge Gee. The Order to Show Cause hearing previously on calendar before Judge Real on October 22, 2012 at 11:00 a.m. is now OFF CALENDAR. (pj) (Entered: 10/17/2012) 2012-10-26 18:16:52 60c54f8fc5f552d1acca4d2f335e55253edf2f31
2012-10-23 13 0 Initial Order upon Filing of Complaint INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (ms) (Entered: 10/23/2012)
2012-10-23 14 0 Minutes of In Chambers Order/Directive - no proceeding held 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. Please take notice that the new Magistrate Judge is Judge Patrick J. Walsh. SEE ORDER. (ms) (Entered: 10/23/2012)
2012-11-01 15 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 - Internet Service Provider Subpoena Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 11/01/2012)
2012-11-06 16 0 ORDER GRANTING Ex Parte Application for Leave to take expedited discovery, 15 by Magistrate Judge Patrick J. Walsh. (ca) (Entered: 11/06/2012)
2012-12-12 17 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 1/28/2013, will result in the summary dismissal of this action. Court Reporter: Not Reported. (gk) (Entered: 12/13/2012)
2012-12-19 18 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 12-08323 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
2012-12-20 19 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 20 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 21 0 NOTICE OF MOTION AND MOTION to Disqualify Judge Hon. Judge Otis D. Wright 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 22 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 21 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-15 23 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 21 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-28 24 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 07:16:13 f9d21a95d13b911916a04f1e930b1c16c5783753
2013-01-28 25 0 NOTICE of Voluntary Dismissal filed by plaintiff Ingenuity 13 LLC. Dismissal is without prejudice. (Gibbs, Brett) (Entered: 01/28/2013)