Malibu Media LLC v. John Does 1-8



 
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RFC Case Number: C-M12-1135JO
Court Case Number: 1:12-cv-01135-WTL-TAB
File Date: Wednesday, August 15, 2012
Plaintiff: Malibu Media LLC
Plaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLC
Defendant: John Does 1-8
Cause: 17:101 Copyright Infringement
Court: Indiana Southern District Court
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker
Notes:

Docket Text

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Date # Docket Text
5/16/2013 72 ORDER: Approved (Marginal Notation) re 70 NOTICE OF VOLUNTARY DISMISSALWITHOUT PREJUDICE OF JOHN DOE 3. Signed by Judge William T. Lawrence on 5/16/2013.(DW) (Entered: 05/17/2013)
5/16/2013 71 SCHEDULING ORDER: Initial Pretrial Conference set for 7/9/2013 03:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 5/16/2013.(SWM) Modified on 5/16/2013 (SWM). (Entered: 05/16/2013)
5/16/2013 CORRECTION re 71 Scheduling Order. Initial Pretrial Set before Magistrate Judge Mark J. Dinsmore NOT Magistrate Judge Tim A. Baker. Order signed by Magistrate Judge Mark J. Dinsmore and NOT Magistrate Judge Tim A. Baker. (SWM) (Entered: 05/16/2013)
5/14/2013 70 NOTICE of Voluntary Dismissal, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 05/14/2013)
5/7/2013 69 BRIEF/MEMORANDUM in Support re 68 MOTION for Default Judgment as to Kenny Griffith , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - Copyrighted Work, # 2 Exhibit B - Princeton Article, # 3 Exhibit C - IFPI Report)(Nicoletti, Paul) (Entered: 05/07/2013)
5/7/2013 68 MOTION for Default Judgment as to Kenny Griffith, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Affidavit Declaration of Paul J. Nicoletti in Support of Default Judgement, # 2 Text of Proposed Order Proposed Default Judgement and Permanent Injunction, # 3 Exhibit A - Copyrighted Work)(Nicoletti, Paul) (Entered: 05/07/2013)
4/1/2013 67 Clerk's ENTRY OF DEFAULT, re 66 MOTION for Clerk's Entry of Default as to KENNY GRIFFITH. Signed by Clerk, Laura A. Briggs on 4/1/2013. (DW) (Entered: 04/01/2013)
3/28/2013 66 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)
3/19/2013 65 SEALED Notice of Filing Comcast's Supplemental Subpoena Response, re 14 SEALED Document, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Comcast Supplemental Subpoena Response)(Nicoletti, Paul) (Entered: 03/19/2013)
3/13/2013 64 ORDER Approves plaintiff's re 63 Notice of Voluntary Dismissal with prejudice of defendant John Doe 7 only. (Marginal Notation). Signed by Judge William T. Lawrence on 3/13/2013.(MAC) (Entered: 03/13/2013)
3/12/2013 63 NOTICE OF VOLUNTARY DISMISSAL OF JOHN DOE #7 ONLY (98.213.222.20), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 03/12/2013)
3/6/2013 62 ORDER striking w/o prejudice John Doe 7's 18 Motion to Quash (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 3/6/2013. (SWM) (Entered: 03/06/2013)
2/26/2013 61 ANSWER to 36 Amended Complaint , filed by ROBERT S GOURLEY.(Watson, Frances) (Entered: 02/26/2013)
2/22/2013 60 ORDER: Approved (Marginal Notation) re 59 Notice OF SETTLEMENT AND VOLUNTARYDISMISSAL WITH PREJUDICE OF MARY HINDS ONLY. Signed by Judge William T. Lawrence on 2/22/2013.(DW) (Entered: 02/22/2013)
2/21/2013 59 NOTICE of Settlement and Voluntary Dismissal With Prejudice of Mary Hinds Only, filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/21/2013)
2/13/2013 58 ORDER: Approved (Marginal Notation) re 54 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF BRYAN BARNETT AND JUSTIN WERKING ONLY. Signed by Judge William T. Lawrence on 2/13/2013.(DW) (Entered: 02/13/2013)
2/13/2013 57 ORDER granting Deft Gourley's 56 Motion for Extension of Time to File response to Pltf's second amended complaint to 2/26/2013. Signed by Magistrate Judge Mark J. Dinsmore on 2/13/2013. (SWM) (Entered: 02/13/2013)
2/12/2013 56 First MOTION for Extension of Time to February 26, 2013 to answer or otherwise respond, filed by Defendant ROBERT S GOURLEY. (Attachments: # 1 Text of Proposed Order)(Watson, Frances) (Entered: 02/12/2013)
2/12/2013 55 NOTICE of Appearance by Frances Lee Watson on behalf of Defendant ROBERT S GOURLEY. (Watson, Frances) (Entered: 02/12/2013)
2/12/2013 54 NOTICE OF VOLUNTARY DISMISSAL OF BRYAN BARNETT (69.136.161.50) AND JUSTIN WERKING (98.213.15.161) ONLY, filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/12/2013)
2/8/2013 53 MARGINAL ENTRY granting in part and denying in part John Doe 7's 52 Motion to Stay. The parties' request for any stay of this matter is denied. However, the time set forth in Dkt. 49 for John Doe 7 to identify himself or herself to the Court is hereby enlarged to and including February 28, 2013, and the time set forth in Dkt. 50 for Plaintiff to respond to John Doe 7's Motion to Quash is hereby enlarged to and including March 8, 2013. Furthermore, Plaintiff is granted relief from Dkt. 13's prohibition on communications with John Doe 7 for the purpose of conducting settlement negotiations with and through counsel for John Doe 7. Signed by Magistrate Judge Mark J. Dinsmore on 2/8/2013. (SWM) (Entered: 02/08/2013)
2/7/2013 52 Joint MOTION to Stay the Court's January 29, 2013 Order and for Leave to Conduct Settlement Negotiations by Plaintiff and, filed by Defendant JOHN DOE 7. (Attachments: # 1 Text of Proposed Order)(Russell, Erin) (Entered: 02/07/2013)
1/29/2013 51 DISMISSAL - ORDER: Approved (Marginal Notation) re 48 Notice OF DISMISSAL AS TO NAYANE UDAWATTE ONLY with prejudice. Signed by Judge William T. Lawrence on 1/29/2013.(DW) (Entered: 01/30/2013)
1/29/2013 50 ORDER TO RESPOND TO MOTION TO QUASH: This matter is before the Court on Doe Defendant 7's Motion to Quash and accompanying Motion to Proceed Anonymously. The Court has DENIED Doe Defendant 7's Motion to Proceed Anonymously and now ORDERS the following: If not previously stricken for Doe Defendant 7's failure to timely identify himself or herself, Plaintiff shall respond to Doe Defendant 7's Motion to Quash on or before Friday, February 15, 2013. Any reply, if desired, shall be filed within seven (7) days of the date of Plaintiff's response. Signed by Magistrate Judge Mark J. Dinsmore on 1/29/2013.(SWM) (Entered: 01/30/2013)
1/28/2013 48 NOTICE OF DISMISSAL AS TO NAYANE UDAWATTE ONLY (50.129.109.248), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 01/28/2013)
1/24/2013 47 ORDER granting Deft Mary Hinds' 46 Motion for Extension of Time to File response to Pltf's Second Amended Complaint to 2/15/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/24/2013. (SWM) (Entered: 01/24/2013)
1/22/2013 46 Unopposed MOTION for Extension of Time to February 15, 2013 in which to 36 Amended Complaint answer or otherwise respond to, filed by Defendant MARY HINDS. (Attachments: # 1 Text of Proposed Order)(Cueller, Amy) (Entered: 01/22/2013)
1/22/2013 45 NOTICE of Appearance by Amy L. Cueller on behalf of Defendant MARY HINDS. (Cueller, Amy) (Entered: 01/22/2013)
1/18/2013 44 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. KENNY GRIFFITH served on 1/5/2013. (Nicoletti, Paul) (Entered: 01/18/2013)
1/18/2013 43 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. ROBERT S GOURLEY served on 12/12/2012. (Nicoletti, Paul) (Entered: 01/18/2013)
1/18/2013 42 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. MARY HINDS served on 12/12/2012. (Nicoletti, Paul) (Entered: 01/18/2013)
1/18/2013 41 ORDER granting Pltf's 40 Motion for Extension of Time to effectuate service on Defts to 2/7/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/18/2013. (SWM) (Entered: 01/18/2013)
1/17/2013 40 Second 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: 01/17/2013)
12/28/2012 39 ORDER granting Pltf's 37 Motion for Extension of Time to effectuate service on Defts to 1/9/2013. Signed by Magistrate Judge Mark J. Dinsmore on 12/28/2012. (SWM) (Entered: 12/28/2012)
12/20/2012 38 Summons Issued as to NAYANE UDAWATTE. (DW) (Entered: 12/20/2012)
12/19/2012 37 First MOTION for Extension of Time to January 9, 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: 12/19/2012)
12/17/2012 36 AMENDED COMPLAINT (SECOND AMENDED - ADDING NAYANE UDAWATTE) against BRYAN BARNETT, ROBERT S GOURLEY, KENNY GRIFFITH, MARY HINDS, JUSTIN WERKING, NAYANE UDAWATTE, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Summons)(Nicoletti, Paul) (Entered: 12/17/2012)
12/13/2012 35 SEALED Notice of Filing Comcast's Subpoena Response, re 13 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Comcast Subpoena Response)(Nicoletti, Paul) (Entered: 12/13/2012)
11/29/2012 34 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)
11/5/2012 32 NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # 1 Complaint with Exhibits, # 2 Amended Complaint with Exhibits) (DW) (Entered: 11/05/2012)
11/1/2012 31 Summons Issued as to JUSTIN WERKING. (DW) (Entered: 11/01/2012)
11/1/2012 30 Summons Issued as to MARY HINDS. (DW) (Entered: 11/01/2012)
11/1/2012 29 Summons Issued as to KENNY GRIFFITH. (DW) (Entered: 11/01/2012)
11/1/2012 28 Summons Issued as to ROBERT S GOURLEY. (DW) (Entered: 11/01/2012)
11/1/2012 27 Summons Issued as to BRYAN BARNETT. (DW) (Entered: 11/01/2012)
10/31/2012 26 ORDER TO SHOW CAUSE: The movant is hereby granted fourteen days from the date of this Order to either provide the Court with information identifying "John Doe 7" for the record or, if the movant wishes 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. Absent that, the movant is hereby Ordered to Show Cause, within fourteen days of the date of this Order, why the Motion to Quash and/or Motion to Sever, [Dkt. 18], should not be stricken (see OTSC for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2012.(SWM) (Entered: 11/01/2012)
10/25/2012 25 Proposed Summons submitted for issuance by the clerk as to KENNY GRIFFITH. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 24 Proposed Summons submitted for issuance by the clerk as to JUSTIN WERKING. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 23 Proposed Summons submitted for issuance by the clerk as to MARY HINDS. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 22 Proposed Summons submitted for issuance by the clerk as to ROBERT S GOURLEY. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 21 Proposed Summons submitted for issuance by the clerk as to BRYAN BARNETT. (Nicoletti, Paul) (Entered: 10/25/2012)
10/25/2012 20 ORDER conditionally granting Erin Kathryn Russell's 16 Motion to Appear pro hac vice (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 10/25/2012. (SWM) (Entered: 10/25/2012)
10/17/2012 19 AMENDED COMPLAINT against John Doe 7, MARY HINDS, ROBERT S GOURLEY, BRYAN BARNETT, JUSTIN WERKING, KENNY GRIFFITH, JOHN DOE 1, JOHN DOE 3, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - IP Address List, # 2 Exhibit B - Copyright Website Screen Shot, # 3 Exhibit C - BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 10/17/2012)
10/16/2012 18 MOTION to Quash and Motion to Sever, filed by Defendant John Doe 7. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Russell, Erin) (Entered: 10/16/2012)
10/12/2012 16 MOTION for Attorney(s) Erin Kathryn Russell to Appear pro hac vice. Filing fee $ 30, receipt number 0756-2466367., filed by Defendant John Doe 7. (Attachments: # 1 Exhibit Proposed Order)(Russell, Erin) (Entered: 10/12/2012)
9/26/2012 15 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. 13]. Pursuant to Docket 13, 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 ExParte 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 14 SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 13 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
9/19/2012 13 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 12 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 11 NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number, 1:12-CV01135-WTL-MJD, on all future filings in this matter. (AAM) (Entered: 09/18/2012)
9/18/2012 10 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)
8/23/2012 9 ORDER granting Pltf's 4 and 7 Motion(s) for Leave to serve third party subpoenas prior to Rule 26(f) conference (see Order). Signed by Magistrate Judge Tim A. Baker on 8/23/2012. (SWM) (Entered: 08/24/2012)
8/21/2012 8 NOTICE that Plaintiff Filed a Corrected Motion for Leave to Serve Third Party Subpoenas, filed by Plaintiff MALIBU MEDIA, LLC, re 7 MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference. (Nicoletti, Paul) (Entered: 08/21/2012)
8/21/2012 7 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. (AAM) (Entered: 08/16/2012)
8/15/2012 5 BRIEF/MEMORANDUM in Support re 4 MOTION for Leave to File, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Supporting documents)(AAM) (Entered: 08/16/2012)
8/15/2012 4 MOTION for Leave to SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(AAM) (Entered: 08/16/2012)
8/15/2012 3 Corporate Disclosure Statement identifying no corporate parent by MALIBU MEDIA, LLC. (AAM) (Entered: 08/16/2012)
8/15/2012 2 NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff MALIBU MEDIA, LLC. (AAM) (Entered: 08/16/2012)
8/15/2012 1 COMPLAINT against JOHN DOES 1-8, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A: List of defendant's IP address, # 2 Exhibit C: vocabulary list from Wikipedia, # 3 Civil Cover Sheet, # 4 Receipt #IP0321278 in the amount of $350.00)(AAM) (Entered: 08/16/2012)
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