Malibu Media LLC v. John Does 1-9



 
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RFC Case Number: C-M12-1115J
Court Case Number: 1:12-cv-01115-TWP-DML
File Date: Tuesday, August 14, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-9
Cause: 17:101 Copyright Infringement
Court: Indiana Southern District Court
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch
Notes:

Docket Text

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Date # Docket Text
5/16/2013 75 MOTION for Emergency Hearing for the entry of an order setting an Emergency Telephonic Status Conference and enjoining Defendant from filing certain papers, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 05/16/2013)
5/15/2013 74 MARGINAL NOTATION OF ACKNOWLEDGMENT re 73 Notice of Voluntary Dismissal - This cause of action is DISMISSED without prejudice as to JOHN DOE #2 and JOHN DOE #5. Signed by Judge Tanya Walton Pratt on 5/15/2013.(JD) (Entered: 05/15/2013)
5/14/2013 73 NOTICE of Voluntary Dismissal, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 05/14/2013)
5/6/2013 72 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 05/06/2013)
5/1/2013 71 Amended MOTION for Clerk's Entry of Default against Leah Justice, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Affidavit A-Declaration of Paul J. Nicoletti, # 2 Text of Proposed Order B-Clerk's Entry of Default, # 3 Exhibit Amended Return of Service)(Nicoletti, Paul) (Entered: 05/01/2013)
5/1/2013 70 RETURN of Service, filed by MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 05/01/2013)
4/29/2013 69 ORDER denying 65 Motion for Clerk's Entry of Default. Signed by Judge Tanya Walton Pratt on 4/29/2013. Copy Mailed. (JD) (Entered: 04/29/2013)
4/25/2013 68 BRIEF/MEMORANDUM in Support re 67 MOTION for Default Judgment as to Aaron Reyes , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Copyright Catalog, # 2 Exhibit B-Princeton Study, # 3 Exhibit C-IFPI Report)(Nicoletti, Paul) (Entered: 04/25/2013)
4/25/2013 67 MOTION for Default Judgment as to Aaron Reyes, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Affidavit Declaration of Paul J. Nicoletti, # 2 Text of Proposed Order Default Judgment, # 3 Exhibit A-Attachment to Default Judgment)(Nicoletti, Paul) (Entered: 04/25/2013)
3/28/2013 66 REPLY in Support of Motion re 59 MOTION to Strike 50 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, 60 MOTION to Strike 52 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses , filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 03/28/2013)
3/28/2013 65 MOTION for Clerk's Entry of Default , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Declaration in Support of Request for Entry of Default, # 2 Exhibit B-Entry of Default)(Nicoletti, Paul) (Entered: 03/28/2013)
3/28/2013 64 RETURN of Service, filed by MALIBU MEDIA, LLC. LEAH JUSTICE served on 2/15/2013. (Nicoletti, Paul) (Entered: 03/28/2013)
3/21/2013 63 RESPONSE in Opposition re 60 MOTION to Strike 52 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses , filed by Defendant KEVIN ETTER. (Etter, Ryan) (Entered: 03/21/2013)
3/21/2013 62 Clerk's ENTRY OF DEFAULT as to AARON REYES. Signed by Clerk, Laura A. Briggs. Copy Mailed. (JD) (Entered: 03/21/2013)
3/21/2013 61 RESPONSE in Opposition re 59 MOTION to Strike 50 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses , filed by Defendant DAVID WYATT. (Overhauser, Paul) (Entered: 03/21/2013)
3/6/2013 60 MOTION to Strike 52 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 03/06/2013)
3/4/2013 59 MOTION to Strike 50 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 03/04/2013)
2/26/2013 58 MOTION for Clerk's Entry of Default AS TO AARON REYES, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Declaration in Support of Request for Default, # 2 Text of Proposed Order B-Clerk's Entry of Default)(Nicoletti, Paul) (Entered: 02/26/2013)
2/22/2013 57 MARGINAL NOTATION OF ACKNOWLEDGMENT re 56 NOTICE OF VOLUNTARY DISMISSAL - This cause of action DISMISSED without prejudice as to LUCILLE PHILLIPS. Signed by Judge Tanya Walton Pratt on 2/22/2013.(JD) (Entered: 02/22/2013)
2/21/2013 56 NOTICE OF VOLUNTARY DISMISSAL OF LUCILLE PHILLIPS ONLY (69.245.169.19), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/21/2013)
2/19/2013 55 ANSWER to 32 Second Amended Complaint, filed by HO YEUNG.(JD) (Entered: 02/19/2013)
2/15/2013 54 ORDER OF DISMISSAL - The claims of Plaintiff Malibu Media, LLC against Defendant NICHOLAS SHELTON are hereby DISMISSED WITH PREJUDICE, each party to bear its own fees and costs. Signed by Judge Tanya Walton Pratt on 2/15/2013.(JD) (Entered: 02/15/2013)
2/14/2013 53 STIPULATION of Dismissal With Prejudice, filed by Defendant NICHOLAS SHELTON and Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Klinestiver, David) Added Plaintiff as a filer on 2/15/2013 (JD). (Entered: 02/14/2013)
2/14/2013 53 STIPULATION of Dismissal With Prejudice, filed by Defendant NICHOLAS SHELTON. (Attachments: # 1 Text of Proposed Order)(Klinestiver, David) (Entered: 02/14/2013)
2/13/2013 52 Defendant Kevin Etter's ANSWER to 32 Amended Complaint , filed by KEVIN ETTER.(Etter, Ryan) (Entered: 02/13/2013)
2/13/2013 51 NOTICE of Appearance by Ryan Daniel Etter on behalf of Defendant KEVIN ETTER. (Etter, Ryan) (Entered: 02/13/2013)
2/11/2013 50 ANSWER to 32 Amended Complaint and Affirmative Defenses, filed by DAVID WYATT.(Overhauser, Paul) (Entered: 02/11/2013)
2/7/2013 49 NOTICE OF SETTLEMENT, filed by Defendant NICHOLAS SHELTON (Klinestiver, David) (Entered: 02/07/2013)
2/5/2013 48 RETURN of Service, filed by MALIBU MEDIA, LLC. KEVIN ETTER served on 1/29/2013. (Nicoletti, Paul) (Entered: 02/05/2013)
2/1/2013 47 RETURN of Service, filed by MALIBU MEDIA, LLC. AARON REYES served on 1/17/2013. (Nicoletti, Paul) (Entered: 02/01/2013)
1/24/2013 46 ORDER granting Pltf's 45 Motion for Extension of Time to effectuate service on Defts to 2/21/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/24/2013. (SWM) (Entered: 01/24/2013)
1/22/2013 45 First MOTION for Extension of Time to to Effectuate Service on Defendants , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 01/22/2013)
1/22/2013 44 NOTICE of Parties' First Extension of Time, filed by Defendant NICHOLAS SHELTON. (Klinestiver, David) (Entered: 01/22/2013)
1/22/2013 43 NOTICE of Appearance by David Scott Klinestiver on behalf of Defendant NICHOLAS SHELTON. (Klinestiver, David) (Entered: 01/22/2013)
1/18/2013 42 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. NICHOLAS SHELTON served on 1/3/2013. (Nicoletti, Paul) (Entered: 01/18/2013)
1/18/2013 41 RETURN of Personal Service, filed by MALIBU MEDIA, LLC as to LEAH JUSTICE. (Nicoletti, Paul) Modified event type on 1/22/2013 (JD). (Entered: 01/18/2013)
1/18/2013 41 Summons Returned Unexecuted by MALIBU MEDIA, LLC as to LEAH JUSTICE. (Nicoletti, Paul) (Entered: 01/18/2013)
1/18/2013 40 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. DAVID WYATT served on 11/27/2012. (Nicoletti, Paul) (Entered: 01/18/2013)
1/2/2013 39 ORDER granting Deft David Wyatt's 38 Motion for Extension of Time to File response to complaint to 2/9/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2013. (SWM) (Entered: 01/02/2013)
12/31/2012 38 Unopposed MOTION for Extension of Time to February 9, 2013 to File an Answer to the Complaint, filed by Defendant DAVID WYATT. (Attachments: # 1 Text of Proposed Order)(Overhauser, Paul) (Entered: 12/31/2012)
12/6/2012 37 NOTICE of Parties' First Extension of Time, filed by Defendant DAVID WYATT. (Overhauser, Paul) (Entered: 12/06/2012)
12/6/2012 36 NOTICE of Appearance by Paul B. Overhauser on behalf of Defendant DAVID WYATT. (Overhauser, Paul) (Entered: 12/06/2012)
11/29/2012 35 SCHEDULING ORDER: The Court, sua sponte, amends paragraphs 2 and 3 of its September 19, 2012 Scheduling Order as follows: Once the Complaint in this matter has been amended to name a putative Defendant, counsel for Plaintiff may thereafter communicate with such named Defendant(s), or such named Defendant(s)' counsel if they are represented, for any purpose related to the litigation and or resolution of this matter and is thereafter relieved of the obligation in paragraph 3 of the Court's September 19, 2012 Scheduling Order to file with the Court copies of any such correspondence with such named Defendant(s). Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2012.(SWM) (Entered: 11/29/2012)
11/8/2012 34 Summons Issued as to LUCILLE PHILLIPS. (JD) (Entered: 11/08/2012)
11/7/2012 33 Proposed Summons submitted for issuance by the clerk as to LUCILLE PHILLIPS. (Nicoletti, Paul) (Entered: 11/07/2012)
11/7/2012 32 SECOND AMENDED COMPLAINT against JOHN DOE #2, JOHN DOE #3, JOHN DOE #5, KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG, LUCILLE PHILLIPS, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - IP Address List, # 2 Exhibit B - Copyright Website Screen Shots, # 3 Exhibit C - Title List, # 4 Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) Modified docket texton 11/8/2012 (JD). (Entered: 11/07/2012)
11/7/2012 32 AMENDED COMPLAINT against JOHN DOE #2, JOHN DOE #3, JOHN DOE #5, KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG, LUCILLE PHILLIPS, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - IP Address List, # 2 Exhibit B - Copyright Website Screen Shots, # 3 Exhibit C - Title List, # 4 Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 11/07/2012)
10/26/2012 30 Summons Issued as to KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG. (JD) (Entered: 10/26/2012)
10/25/2012 29 Proposed Summons submitted for issuance by the clerk as to DAVID WYATT. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 28 Proposed Summons submitted for issuance by the clerk as to NICHOLAS SHELTON. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 27 Proposed Summons submitted for issuance by the clerk as to LEAH JUSTICE. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 26 Proposed Summons submitted for issuance by the clerk as to KEVIN ETTER. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 25 Proposed Summons submitted for issuance by the clerk as to HO YEUNG. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 24 Proposed Summons submitted for issuance by the clerk as to AARON REYES. (Nicoletti, Paul) (Entered: 10/25/2012)
10/18/2012 23 AMENDED COMPLAINT against KEVIN ETTER, NICHOLAS SHELTON, AARON REYES, HO YEUNG, DAVID WYATT, LEAH JUSTICE, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - IP Address List, # 2 Exhibit B - Copyright Website Screen Shots, # 3 Exhibit C - Title List, # 4 Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 10/18/2012)
9/26/2012 21 MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/24/2012. A discussion was held regarding the Court's Order dated 9/19/12. [Dkt. 19] Pursuant to Docket 19, Plaintiff was previously ordered to file certain documents under seal. The Court hereby revises that Order and Plaintiff is instructed to file any documents previously ordered to be filed under seal as an Ex Parte Event. Further, the Clerk shall not provide access to any sealed documents filed in this case to any party absent further order of the Court. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 09/26/2012)
9/21/2012 20 SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 19 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
9/19/2012 19 SCHEDULING ORDER: The Court has become aware of several court opinions from across the country that have raised concerns regarding potentially inappropriate procedures being utilized by plaintiffs in cases similar to the instant case to extract settlements from putative defendants without any intention by the Plaintiff of ever actually litigating the case on its merits. While the Court does not assume that Plaintiff or its counsel have engaged in any improper conduct, the Court will impose the following procedures in this matter to ensure the prompt identification and service of the putative Defendants in this matter (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
9/19/2012 18 SCHEDULING ORDER: Status Conference set for 9/24/2012 01:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling 317-229-3964. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
9/18/2012 17 NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Debra McVicker Lynch no longer assigned to the case. Please include the new case number, 1:12-cv-01115-TWP-MJD, on all future filings in this matter. (AAM) (Entered: 09/18/2012)
9/18/2012 16 ORDER REASSIGNING CASE. Clerk is directed to reassign case to Magistrate Judge Mark J. Dinsmore. Signed by Judge Richard L. Young on 9/18/2012.(PG) (Entered: 09/18/2012)
8/28/2012 15 BRIEF/MEMORANDUM in Support re 4 MOTION TO ISSUE SUBPOENA PRIOR TO RULE 26(f) CONFERENCE, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit A, # 3 Exhibit B)(Nicoletti, Paul) (Entered: 08/28/2012)
8/24/2012 14 ORDER granting in part and denying in part 12 Motion to conduct discovery in advance of a Rule 26(f) conference1 through the service of non-party subpoenas on Internet Service Providers to learn the identities of the persons--now named as Defendants John Does 1-9. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 8/24/2012. (TMA) (Entered: 08/24/2012)
8/21/2012 13 NOTICE that Plaintiff Filed a Corrected Motion for Leave to Serve Third Party Subpoenas, filed by Plaintiff MALIBU MEDIA, LLC, re 12 MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference. (Nicoletti, Paul) (Entered: 08/21/2012)
8/21/2012 12 MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Tobias Fieser, # 3 Text of Proposed Order)(Nicoletti, Paul) (Entered: 08/21/2012)
8/20/2012 11 NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # 1 Complaint and Exhibits) (JD) (Entered: 08/20/2012)
8/16/2012 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 08/16/2012)
8/14/2012 5 BRIEF/MEMORANDUM in Support re 4 MOTION filed by Plaintiff, MALIBU MEDIA, LLC. (Attachments: # 1 Declaration of Tobias Fisher)(DJH) (Entered: 08/16/2012)
8/14/2012 4 MOTION For Leave to Serve Third Party Subpoenas filed by Plaintiff, MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(DJH) (Entered: 08/16/2012)
8/14/2012 3 Corporate Disclosure Statement by MALIBU MEDIA, LLC. (DJH) (Entered: 08/16/2012)
8/14/2012 2 NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff, MALIBU MEDIA, LLC. (DJH) (Entered: 08/16/2012)
8/14/2012 1 COMPLAINT against JOHN DOES 1-9 filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-list of Does, # 2 Exhibit B-registrations, # 3 Exhibit C-dates including infringements, # 4 Exhibit D-BitTorrent vocabulary list, # 5 Civil Cover Sheet, # 6 Receipt No. IP031268 for filing fee ($350.00))(DJH) (Entered: 08/16/2012)
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