Malibu Media LLC v. John Does 1-10



 
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RFC Case Number: C-M12-3615J
Court Case Number: 2:12-cv-03615-DDP-JCG
File Date: Thursday, April 26, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Leemore Kushner of Kushner Law Group
Defendant: John Does 1-10
Cause: 17:101 Copyright Infringement
Court: California Central District Court
Judge: Judge Dean D. Pregerson
Referred To: Magistrate Judge Jay C. Gandhi
Notes:

Docket Text

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Date # Docket Text
2/5/2013 39 Mail Returned addressed to John Doe 3 re Report of Determination of Copyright Action (CLOSE)(AO 121) 36 (shb) (Entered: 02/06/2013)
2/5/2013 38 Mail Returned addressed to JOHN DOE #3 re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case 35 . (rne) (Entered: 02/06/2013)
1/29/2013 37 MAIL RETURNED addressed to John Doe # 3 at PO Box 76048 Los Angeles, CA 90076 re Order to Show Cause 33 (ir) (Entered: 01/31/2013)
1/28/2013 36 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: # 1 minute order) (bp) (Entered: 01/28/2013)
1/28/2013 35 MINUTE ORDER IN CHAMBERS Order re: Dismissal of Plaintiff's Complaints for Failure to Comply with Federal Rule of Civil Procedure 4(m)by Judge R. Gary Klausner: On January 17, 2013, the Court issued an Order to Show Cause as to why John Doe Defendants in the present cases should not be dismissed for failure to comply with Federal Rule of Civil Procedure ("Rule") 4(m). On January 24, 2013, Plaintiff filed a timely response and thus, the Jan. 17 Order to Show Cause is discharged. Plaintiff's deadlines for service of the summons and complaint expired between June to September 2012. In its response to the Court's Jan. 17 Order to Show Cause, Plaintiff has not demonstrated good cause for its failure to comply with Rule 4(m). Thus, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's Complaints. (Made JS-6. Case Terminated.) (bp) (Entered: 01/28/2013)
1/24/2013 34 RESPONSE filed by Plaintiff Malibu Media LLCto Order to Show Cause 33 (Kushner, Leemore) (Entered: 01/24/2013)
1/17/2013 33 ORDER TO SHOW CAUSE as to Why Remaining Defendants Should Not be Dismissed Pursuant to Rule 4(m) by Judge R. Gary Klausner. Response to Order to Show Cause due by 1/24/2013. (rne) (Entered: 01/17/2013)
10/10/2012 32 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: The Court ORDERS as follows: 1. Plaintiffs Renewed Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference is DENIED. (CV 12-01642, DE 28.) 2. Plaintiffs claims in the above-listed cases are DISMISSED WITHOUT PREJUDICE against all Defendants other than the individual designated as John Doe 1 in each action. 3. Defendant John Doe No. 5s Motion to Sever All Does Other than John Doe 1 is DENIED as moot. (CV 12-03614-RGK, DE 32.) (shb) (Entered: 10/10/2012)
9/12/2012 31 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 27 . The above-referenced motion, noticed for hearing on September 17, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) (Entered: 09/13/2012)
9/10/2012 30 REPLY in support of Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 27 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 09/10/2012)
9/5/2012 29 NOTICE OF MOTION AND MOTION to Sever All Does Other Than Doe No. 1 filed by Putative John Doe No. 10 John Does. Motion set for hearing on 11/5/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in support of John Does' Motion for Severance of All Does Other Than Doe No. 1, # 2 Proposed Order)(Pietz, Morgan) (Entered: 09/05/2012)
9/4/2012 28 OPPOSITION to Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 27 filed by Putative John Doe No. 10 filed by Defendant John Does. (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Appendix 1)(Pietz, Morgan) (Entered: 09/04/2012)
8/15/2012 27 NOTICE OF MOTION AND Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 9/17/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Kushner, Leemore) (Entered: 08/15/2012)
7/31/2012 26 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Discharging Court's 7/10/2012 Order to Show Cause 19 . (vdr) (Entered: 07/31/2012)
7/25/2012 25 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Sever 23 . (vdr) (Entered: 07/25/2012)
7/24/2012 24 MINUTE IN CHAMBERS ORDER Request for Further Briefing, Case ManagementOrder, and Motion for Sanction in 2:12-cv-03614 (DE 10) by Judge R. Gary Klausner: There are two categories of Defendants in these related cases: Defendants who are currently unrepresented and Defendants who are represented by The Pietz Law Firm. The Court will discuss the pending issues as to each group of Defendants separately. First, as to the unrepresented Defendants, the Court requests further briefing from thePlaintiff as to the issue of personal jurisdiction. Plaintiff responded to the Courts Order toShow Cause by submitting information about the accuracy of its IP address tracking in other federal cases. However, this data is unreliable as Plaintiff has not presented the Court with information about how it selected the defendants in those cases or the methods it used to track their location. Further, the success of Plaintiffs methods in other cases is not necessarilyindicative of the likelihood that this Court has personal jurisdiction over of the present unrepresented Defendants. Plaintiff is to submit further briefing, of no more than ten pages by Friday, July 27, 2012 addressing the geo locating tools or other relevant technology it has used in the present cases to identify the location of the IP addresses belonging to the unrepresented Defendants and the accuracy and reliability of such technology. The Court will not take further steps as to these unrepresented Defendants until it has resolved the issue of personal jurisdiction. Second, as to the represented Defendants, these Defendants have waived any objections to personal jurisdiction. (See Brief re: Jurisdiction and Sanctions for Related Case Rule Violations, 1: 6-10.) Further, John Doe Number 5 in 2:12-cv-03614 requests that the Court consider its previously filed Motion for Sanctions. Plaintiff has opposed that Motion and Defendant makes reply arguments in its response to the Order to Show Cause. Therefore, that Motion is deemed submitted. Upon full consideration of the arguments and evidence submitted in that case, the Court finds insufficient good cause to impose sanctions and hereby denies the Motion for Sanctions at Docket Entry 10 in 2:12-cv-03614. Because this Courts July 10, 2012 Case Management Order vacated any subpoenas that had previously been ssued,Plaintiff may only proceed with discovery as to the represented Defendants upon further motion to the Court. (shb) (Entered: 07/24/2012)
7/20/2012 23 NOTICE OF MOTION AND MOTION to Sever all Does other than Doe No. 1 ( Motion set for hearing on 8/20/2012 at 09:00 AM before Judge R. Gary Klausner.), MOTION to Quash outstanding subpoenas filed by John Doe No. 10 John Does. (Attachments: # 1 Memorandum in support of motion to sever Does, quash subpoenas, and enter protective order, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Appendix 1, # 9 Proposed Order)(Pietz, Morgan) (Entered: 07/20/2012)
7/20/2012 22 DENIED ORDER by Judge R. Gary Klausner RE: Ex Parte Application 20 , denying as moot. (vdr) (Entered: 07/20/2012)
7/20/2012 21 OPPOSITION to EX PARTE APPLICATION to Stay pending subpoena return dates to permit consideration of noticed motion to quash, sever and for protective order 20 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 07/20/2012)
7/19/2012 20 EX PARTE APPLICATION to Stay pending subpoena return dates to permit consideration of noticed motion to quash, sever and for protective order filed by John Doe No. 10 John Does. (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Pietz, Morgan) (Entered: 07/19/2012)
7/10/2012 19 ORDER TO SHOW CAUSE by Judge R. Gary Klausner: Response to Order to Show Cause due by 7/23/2012. (rne) (Entered: 07/10/2012)
7/10/2012 18 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-01642 RGK (SSx). Case transferred from Magistrate Judge Jay C. Gandhi and Judge Dean D. Pregerson to Judge R. Gary Klausner and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-03615 RGK(SSx).Signed by Judge R. Gary Klausner (rn) (Entered: 07/10/2012)
7/9/2012 17 OPPOSITION to MOTION to Dismiss MOTION to Quash and for a Protective Order 8 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 07/09/2012)
7/9/2012 16 NOTICE of Errata filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Memorandum in Opposition to Doe 3's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena, # 2 Declaration of Leemore Kushner, # 3 Exhibit A)(Kushner, Leemore) (Entered: 07/09/2012)
7/9/2012 15 NOTICE OF MOTION AND MOTION to Sever all Does other than Doe No. 1 ( Motion set for hearing on 8/13/2012 at 10:00 AM before Judge Dean D. Pregerson.), MOTION to Quash all outstanding subpoenas, MOTION for Reconsideration re Order on Motion for Leave re Discovery Matter,, 7 ( Motion set for hearing on 8/13/2012 at 10:00 AM before Judge Dean D. Pregerson.) filed by John Doe No. 10 John Does. (Attachments: # 1 Memorandum in support of Omnibus Motion that Court Reconsider Order Granting Early Discovery, Sever All John Does, Quash Outstanding Subpoenas and Enter a Protective Order, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order)(Pietz, Morgan) (Entered: 07/09/2012)
7/9/2012 14 OPPOSITION to MOTION to Dismiss MOTION to Quash and for a Protective Order 8 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Declaration of Leemore Kushner, # 2 Exhibit A)(Kushner, Leemore) (Entered: 07/09/2012)
7/6/2012 13 OPPOSITION to EXPARTE APPLICATION for Extension of Time to File Motion to quash and sever EX PARTE APPLICATION for Sanctions Repeated Violations of Notice of Related Cases Rule 12 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Declaration of Leemore Kushner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kushner, Leemore) (Entered: 07/06/2012)
7/5/2012 12 EXPARTE APPLICATION for Extension of Time to File Motion to quash and sever, EX PARTE APPLICATION for Sanctions Repeated Violations of Notice of Related Cases Rule filed by John Doe No. 10 John Does. (Attachments: # 1 Memorandum in Support of Ex Parte Application, # 2 Memorandum in Support of Sanctions, # 3 Declaration of Morgan E. Pietz re: Abusive Litigation Tactics, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Declaration of Morgan E. Pietz re: Ex Parte, # 10 Exhibit F, # 11 Exhibit G, # 12 Proposed Order re: Ex Parte Application)(Pietz, Morgan) (Entered: 07/05/2012)
6/26/2012 11 MINUTES (IN CHAMBERS)ORDER STAYING RESPONSE TO PLAINTIFF'S THIRD-PARTY SUBPOENAS TO CHARTER COMMUNICATIONS, ROAD RUNNER, AND VERIZON INTERNET SERVICES by Magistrate Judge Jay C. Gandhi: On June 22, 2012, defendant John Doe #2 anonymously filed a "Motion to... Quash Subpoena" ("Motion"). In light of the Motion and a potential response from the ISPs before the Court's ruling on the Motion the Court ORDERS AS FOLLOWS: (1) The ISPs are not to respond to any subpoenas issued pursuant to the Court's May 16, 2012 Order pending further order of this Court; (2) Plaintiff is to immediately inform the ISPs regarding this Order; and (3) Plaintiff shall file an opposition or statement of non-opposition to the Motion to Quash by July 9, 2012. IT IS SO ORDERED. 8 . (bem) (Entered: 06/26/2012)
6/22/2012 10 CERTIFICATE of Interested Parties filed by defendant John Doe #3, (lc) (Entered: 06/26/2012)
6/22/2012 9 NOTICE OF MOTION AND MOTION to Dismiss, Sever and for a Protective order and or to Quash Subpoena filed by defendant John Doe #3. Motion set for hearing on 7/23/2012 at 10:00 AM before Judge Dean D. Pregerson. (lc) (Entered: 06/26/2012)
6/22/2012 8 MEMORANDUM OF LAW in Support of Defendant John Doe's Motion to Dismiss the Matter, Quash and for a Protective Order filed by Defendant John Doe. (lmh) (Entered: 06/26/2012)
5/16/2012 7 MINUTES (IN CHAMBERS)ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO SERVE THIRD-PARTY SUBPOENAS ON DOE DEFENDANTS' INTERNET SERVICE PROVIDERS by Magistrate Judge Jay C. Gandhi: Pending before the Court is plaintiff Malibu Media, LLC's ("Plaintiff") "Notice of Motion and Motion to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference"("Motion"). [See Dkt. No. 5.] The Motion is set for hearing on June 5, 2012 at 2:00 p.m. [Id.] The Motion is suitable for adjudication without oral argument and, accordingly, the hearing date is now VACATED. See Local Rule 7-15. For good cause shown, the Court GRANTS Plaintiff's Motion. (See Order for details) 5 . (bem) (Entered: 05/16/2012)
5/15/2012 6 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. It is not necessary to clear motion date with court clerk prior to filing the motion. Court hears motions only on Mondays at 10:00 AM. The Court requires two non-blue backed courtesy copies of only the following manual and electronic filed documents: (1) All noticed motions and related documents; and (2) All ex parte applications and related documents (3) all exhibits and attachments must be separately tabbed. [Refer to the Court's General Order No. 10-07 regarding ECF Courtesy Paper Copies and re location of Chambers Email address]. (lc) (Entered: 05/15/2012)
5/4/2012 5 NOTICE OF MOTION AND MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 6/5/2012 at 02:00 PM before Magistrate Judge Jay C. Gandhi. (Attachments: # 1 Declaration of Tobias Fieser, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Leemore Kushner, # 5 Proposed Order)(Kushner, Leemore) (Entered: 05/04/2012)
4/26/2012 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/27/2012)
4/26/2012 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Malibu Media LLC. (et) (Entered: 04/27/2012)
4/26/2012 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 04/27/2012)
4/26/2012 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (Entered: 04/27/2012)
4/26/2012 1 COMPLAINT against Defendant John Does 1 through 10. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. [Summons not issued on 4/26/2012.] (et) (mg). (Entered: 04/27/2012)
4/26/2012 1 COMPLAINT against Defendant John Does 1 through 10. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. [Summons not issued on 4/26/2012.] (et) (Entered: 04/27/2012)
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