Malibu Media LLC v. John Does 1-10



 
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Date # Docket Text
1/28/2013 19 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: # 1 minute order) (bp) (Entered: 01/28/2013)
1/28/2013 18 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 17 RESPONSE filed by Plaintiff Malibu Media LLCto Minutes of In Chambers Order/Directive - no proceeding held, 16 (Kushner, Leemore) (Entered: 01/24/2013)
1/17/2013 16 MINUTE ORDER IN CHAMBERS Order to Show Cause as to Why Remaining Defendants Should Not be Dismissed Pursuant to Rule 4(m) by Judge R. Gary Klausner: The Court ORDERS Plaintiff to show cause why these cases should not be dismissed for failure to comply with the requirements of Rule 4(m) by no later than January 24, 2013. Plaintiff shall limit its response to no more than ten pages. (bp) (Entered: 01/17/2013)
10/10/2012 15 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 14 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 13 . 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)
8/15/2012 13 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 12 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Discharging Court's 7/10/2012 Order to Show Cause 10 . (vdr) (Entered: 07/31/2012)
7/24/2012 11 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 the Plaintiff as to the issue of personal jurisdiction. Plaintiff responded to the Courts Order to Show 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 necessarily indicative 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 issued, Plaintiff may only proceed with discovery as to the represented Defendants upon further motion to the Court. (shb) (Entered: 07/24/2012)
7/10/2012 10 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 9 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-01642 RGK(SSx). Case transferred from Judge Percy Anderson and Magistrate Judge Margaret A. Nagle 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 12-03617 RGK(SSx).Signed by Judge R. Gary Klausner (rn) (Entered: 07/10/2012)
6/21/2012 8 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE by Magistrate Judge Margaret A. Nagle granting 5 Motion for Leave (ag) (Entered: 06/22/2012)
6/5/2012 7 MINUTES OF Discovery Hearing held before Magistrate Judge Margaret A. Nagle. The Court hears argument from plaintiff's counsel regarding the Motion and takes the Motion under submission.Court Recorder: CS. (ec) (Entered: 06/15/2012)
5/4/2012 5 NOTICE OF MOTION AND MOTION for Leave 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 10:00 AM before Magistrate Judge Margaret A. Nagle. (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 Defendants John Does 1 through 10. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle.(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 Defendants John Does 1 through 10. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle.(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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