Malibu Media LLC v. John Does 1-11



 
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RFC Case Number: C-M12-1117J
Court Case Number: 1:12-cv-01117-WTL-DML
File Date: Tuesday, August 14, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-11
Cause: 17:101 Copyright Infringement
Court: Indiana Southern District Court
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Debra McVicker Lynch
Notes:

Docket Text

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Date # Docket Text
5/15/2013 91 BRIEF/MEMORANDUM in Support re 90 Unopposed MOTION for Default Judgment as to Robert Johnson , 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: 05/15/2013)
5/15/2013 90 Unopposed MOTION for Default Judgment as to Robert Johnson, 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: 05/15/2013)
5/15/2013 89 NOTICE OF VOLUNTARY DISMISSAL AS TO TROY LAMB ONLY (IP 67.173.130.210), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 05/15/2013)
5/14/2013 88 STIPULATION of Dismissal as to Howard McDonald Only, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order Order of Dismissal)(Nicoletti, Paul) (Entered: 05/14/2013)
5/13/2013 87 MOTION for Attorney Fees , filed by Defendant MICHAEL HARRISON. (Attachments: # 1 L.R. 7-1(g)(1)(A) Statement, # 2 Text of Proposed Order)(Quearry, Gabriel) (Entered: 05/13/2013)
5/6/2013 86 BRIEF/MEMORANDUM in Support re 85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant MICHAEL HARRISON. (Quearry, Gabriel) (Entered: 05/06/2013)
5/6/2013 85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant MICHAEL HARRISON. (Attachments: # 1 Text of Proposed Order)(Quearry, Gabriel) (Entered: 05/06/2013)
5/6/2013 84 MOTION for Attorney Fees , filed by Defendant MICHAEL HARRISON. (Attachments: # 1 Text of Proposed Order)(Quearry, Gabriel) (Entered: 05/06/2013)
5/6/2013 83 BRIEF/MEMORANDUM in Support re 82 MOTION to Sever , filed by Defendant MICHAEL HARRISON. (Quearry, Gabriel) (Entered: 05/06/2013)
5/6/2013 82 MOTION to Sever , filed by Defendant MICHAEL HARRISON. (Attachments: # 1 Text of Proposed Order)(Quearry, Gabriel) (Entered: 05/06/2013)
5/6/2013 81 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JAMES DUNCAN served on 3/9/2013. (Nicoletti, Paul) (Entered: 05/06/2013)
5/6/2013 80 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. R. Stephen Hinds served on 4/28/2013. (Nicoletti, Paul) (Entered: 05/06/2013)
4/24/2013 79 ORDER granting Pltf's 74 Motion for Extension of Time to effectuate service on Defts to 5/19/2013 c/m. Signed by Magistrate Judge Mark J. Dinsmore on 4/24/2013. (SWM) (Entered: 04/25/2013)
4/24/2013 78 CERTIFICATE OF SERVICE by MALIBU MEDIA, LLC re 74 Third MOTION for Extension of Time to May 19, 2013 to Effectuate Service of the Summons and Complaint on Defendant (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 04/24/2013)
4/24/2013 77 CERTIFICATE OF SERVICE by MALIBU MEDIA, LLC re 73 MOTION to Strike 64 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses (Nicoletti, Paul) (Entered: 04/24/2013)
4/24/2013 76 NOTICE of Parties' First Extension of Time, filed by Defendant MICHAEL HARRISON. (Quearry, Gabriel) (Entered: 04/24/2013)
4/22/2013 75 NOTICE of Appearance by Gabriel J. Quearry on behalf of Defendant MICHAEL HARRISON. (Quearry, Gabriel) (Entered: 04/22/2013)
4/19/2013 74 Third MOTION for Extension of Time to May 19, 2013 to Effectuate Service of the Summons and Complaint on Defendant, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 04/19/2013)
4/17/2013 73 MOTION to Strike 64 Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nicoletti, Paul) (Entered: 04/17/2013)
4/17/2013 72 ANSWER to Complaint , filed by HOWARD MCDONALD.(Saunders, Anthony) (Entered: 04/17/2013)
4/17/2013 71 NOTICE of Appearance by Anthony Jay Saunders on behalf of Defendant HOWARD MCDONALD. (Saunders, Anthony) (Entered: 04/17/2013)
4/12/2013 70 Clerk's ENTRY OF DEFAULT, re 69 MOTION for Clerk's Entry of Default Against Robert Johnson as to ROBERT JOHNSON. Signed by Clerk, Laura A. Briggs. (DW) (Entered: 04/12/2013)
4/9/2013 69 MOTION for Clerk's Entry of Default Against Robert Johnson, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Declaration in Support of Request for Default, # 2 Exhibit B-Clerk's Entry of Default)(Nicoletti, Paul) (Entered: 04/09/2013)
4/9/2013 68 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. ROBERT JOHNSON served on 3/8/2013. (Nicoletti, Paul) (Entered: 04/09/2013)
4/4/2013 67 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. TROY LAMB served on 3/17/2013. (Nicoletti, Paul) (Entered: 04/04/2013)
4/4/2013 66 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. MICHAEL HARRIS served on 3/9/2013. (Nicoletti, Paul) (Entered: 04/04/2013)
4/4/2013 65 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JAMES DUNCAN served on 3/8/2013. (Nicoletti, Paul) (Entered: 04/04/2013)
3/27/2013 64 ANSWER to 59 Amended Complaint and Jury Demand c/s, filed by MICHAEL HARRIS.(MAC) (Entered: 04/01/2013)
3/21/2013 63 ORDER granting Pltf's 62 Motion for Extension of Time to effectuate service on Defts to 4/19/2013 c/m. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2013. (SWM) (Entered: 03/21/2013)
3/20/2013 62 Second MOTION for Extension of Time to April 19, 2013 to Effectuate Service of the Summons and Complaint on Defendants, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 03/20/2013)
3/18/2013 61 ANSWER to 59 Amended Complaint, filed by JAMES DUNCAN.(JD) (Entered: 03/20/2013)
2/27/2013 60 NOTICE OF VOLUNTARY DISMISSAL OF JOHN DOE #10 ONLY (98.228.106.220), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/27/2013)
2/25/2013 59 AMENDED COMPLAINT against JOHN DOE 10, JAMES DUNCAN, MICHAEL HARRIS, MICHAEL HARRISON, ROBERT JOHNSON, TROY LAMB, HOWARD MCDONALD, R. Stephen Hinds, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Nicoletti, Paul) (Entered: 02/25/2013)
2/20/2013 58 ORDER granting Pltf's 57 Amended Motion for Extension of Time to effectuate service on Defts to 3/20/2013. Signed by Magistrate Judge Mark J. Dinsmore on 2/20/2013. (SWM) (Entered: 02/21/2013)
2/20/2013 57 Amended MOTION for Extension of Time to March 20, 2013 to Effectuate Service of the Summons and Complaint on Defendants, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 02/20/2013)
2/20/2013 56 NOTICE of Withdrawal of Motion, filed by Plaintiff MALIBU MEDIA, LLC, re 55 First MOTION for Extension of Time to March 20, 2013 to Effectuate Service of the Summons and Complaint on Defendants. (Nicoletti, Paul) (Entered: 02/20/2013)
2/19/2013 55 First MOTION for Extension of Time to March 20, 2013 to Effectuate Service of the Summons and Complaint on Defendants, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 02/19/2013)
2/15/2013 54 AMENDED COMPLAINT against JOHN DOE #10, James Duncan, MICHAEL HARRIS, R. STEPHEN HIND, Michael Harrison, Robert Johnson, TROY LAMB, Howard McDonald, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Nicoletti, Paul) (Entered: 02/15/2013)
2/8/2013 53 Summons Issued as to James Duncan, MICHAEL HARRIS, R. STEPHEN HIND, Michael Harrison, Robert Johnson, TROY LAMB, Howard McDonald and Meghan Romito. (SWM) (Entered: 02/08/2013)
2/7/2013 52 MARGINAL ENTRY denying as moot Deft John Doe 10's 40 Motion to Strike documents 38 & 39 from the record and to remove the same from the electronic docket. See Dkt. Number 50. Signed by Magistrate Judge Mark J. Dinsmore on 2/7/2013. (SWM) (Entered: 02/08/2013)
2/7/2013 51 MARGINAL ENTRY denying as moot Defts John Doe 9 & 10's 31 Motion to modify certain provisions of the Court's Scheduling Order. See Dkt. Number 49. Signed by Magistrate Judge Mark J. Dinsmore on 2/7/2013. (SWM) (Entered: 02/08/2013)
2/4/2013 50 NOTICE of Disclosure of Identity, filed by Defendant Meghan Romito (Tarkington, Matthew) (Entered: 02/04/2013)
1/3/2013 48 SEALED Notice of Filing Comcast's Supplemental Subpoena Response, re 19 SEALED Document, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Comcast Subpoena Response)(Nicoletti, Paul) (Entered: 01/03/2013)
12/26/2012 47 DISMISSAL of John Doe #9 - The Court, being duly advised, now finds that the 46 Stipulation of Dismissal should be, and hereby is, APPROVED and GRANTED. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the claims of Plaintiff Malibu Media, LLC against Defendant John Doe #9 (being the person identified in Plaintiff's Complaint as associated with IP Address 98.223.76.11) are hereby DISMISSED WITH PREJUDICE, each party to bear its own fees and costs. Signed by Judge William T. Lawrence on 12/26/2012. (JKS) (Entered: 12/26/2012)
12/21/2012 46 STIPULATION of Dismissal with Prejudice, filed by Defendant John Doe #9. (Attachments: # 1 Text of Proposed Order Proposed Order of Dismissal)(Klinestiver, David) (Entered: 12/21/2012)
11/29/2012 45 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: 11/30/2012)
11/12/2012 40 Unopposed MOTION to Strike 38 Amended Complaint, 39 Summons (proposed) , filed by Defendant JOHN DOE #10. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order Granting Motion to Strike)(Tarkington, Matthew) (Entered: 11/12/2012)
11/12/2012 39 Proposed Summons submitted for issuance by the clerk as to James Duncan, MICHAEL HARRIS, R. STEPHEN HIND, Michael Harrison, Robert Johnson, TROY LAMB, Howard McDonald, Meghan Romito. (Nicoletti, Paul) (Entered: 11/12/2012)
11/9/2012 38 AMENDED COMPLAINT MALIBU MEDIA, LLC against R. STEPHEN HIND, TROY LAMB, MICHAEL HARRIS, Robert Johnson, Michael Harrison, James Duncan, Meghan Romito, Howard McDonald, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Summons)(Nicoletti, Paul) (Entered: 11/09/2012)
11/2/2012 35 MOTION to Withdraw Docket 22 Ex Parte Motion, filed by Defendants JOHN DOE #10, John Doe #9, Movant David Scott Klinestiver. (Attachments: # 1 Text of Proposed Order)(Klinestiver, David) (Entered: 11/02/2012)
11/2/2012 34 NOTICE OF CORRECTION, filed by Defendants JOHN DOE #10, John Doe #9, re 33 Notice of Appearance, 32 Notice of Appearance. (Klinestiver, David) (Entered: 11/02/2012)
11/1/2012 33 NOTICE of Appearance by David Scott Klinestiver on behalf of Defendant JOHN DOE #10. (Klinestiver, David) (Entered: 11/01/2012)
11/1/2012 32 NOTICE of Appearance by David Scott Klinestiver on behalf of Defendant John Doe #9. (Klinestiver, David) (Entered: 11/01/2012)
11/1/2012 31 MOTION Request to Modify Certain Provisions of the Court's Scheduling Order, filed by Defendants JOHN DOE #10, John Doe #9. (Attachments: # 1 Exhibit Order)(Tarkington, Matthew) (Entered: 11/01/2012)
11/1/2012 30 NOTICE of Appearance by Matthew S. Tarkington on behalf of Defendant JOHN DOE #10. (Tarkington, Matthew) (Entered: 11/01/2012)
10/31/2012 29 ORDER TO SHOW CAUSE: The movants are hereby granted fourteen days of the date of this Order to either provide the Court with information identifying "John Does #9 and #10" for the record or, if the movants wish to proceed anonymously in this matter, to file an appropriate ex parte motion seeking such relief, supported by a developed factual and legal showing sufficient to justify such an order (see OTSC for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2012.(SWM) (Entered: 11/01/2012)
10/29/2012 27 BRIEF/MEMORANDUM in Support re 26 MOTION to Sever , filed by Defendant John Doe #9. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tarkington, Matthew) (Entered: 10/29/2012)
10/29/2012 26 MOTION to Sever , filed by Defendant John Doe #9. (Attachments: # 1 Text of Proposed Order Granting Motion to Sever)(Tarkington, Matthew) (Entered: 10/29/2012)
10/29/2012 25 BRIEF/MEMORANDUM in Support re 24 MOTION to Quash , filed by Defendant John Doe #9. (Attachments: # 1 Exhibit A)(Tarkington, Matthew) (Entered: 10/29/2012)
10/29/2012 24 MOTION to Quash , filed by Defendant John Doe #9. (Attachments: # 1 Text of Proposed Order Order Granting Motion to Quash)(Tarkington, Matthew) (Entered: 10/29/2012)
10/29/2012 23 NOTICE of Appearance by Matthew S. Tarkington on behalf of Defendant John Doe #9. (Tarkington, Matthew) (Entered: 10/29/2012)
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. 18] Pursuant to Docket 18, 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)
9/24/2012 20 SEALED Notice of Filing Signed Subpoena Issued to Comcast Corporation, re 18 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/24/2012)
9/21/2012 19 SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 18 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
9/19/2012 18 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). Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
9/19/2012 17 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 16 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-01117-WTL-MJD, on all future filings in this matter. (AAM) (Entered: 09/18/2012)
9/18/2012 15 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)
8/24/2012 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 1-11. (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)
8/16/2012 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 1-11 filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-list of Does, # 2 Exhibit B-registration, # 3 Exhibit C-BitTorrent vocabulary list, # 4 Civil Cover Sheet, # 5 Receipt No. IP031270 for filing fee ($350.00))(DJH) (Entered: 08/16/2012)
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