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| RFC Case Number: |
C-M12-2949J |
| Court Case Number: |
7:12-cv-02949-ER |
| File Date: |
Friday, April 13, 2012 |
| Plaintiff: |
Malibu Media, LLC
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| Plaintiff Counsel: |
Jason A. Kotzker of Wilson Elser Moskowitz Edelman & Dicker LLP
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| Defendant: |
John Does 1-10
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| Cause: |
17:101 Copyright Infringement |
| Court: |
New York Southern District Court |
| Judge: |
Judge Edgardo Ramos
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| Notes: |
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Docket Text
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| Date |
# |
Docket Text |
| 12/10/2012 |
12 |
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT JOHN DOE: Plaintiff hereby voluntmy dismisses all John Doe 1, a Defendant from this action without prejudice. John Doe 1 was issued the IP address 24.45.135.6. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) Defendant has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. Consistent herewith Plaintiff consents to the Court having its case closed for administrative purposes. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/10/2012) (mml) (Entered: 12/10/2012) |
| 12/7/2012 |
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***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Jason Kotzker Document 11 Notice of Voluntary Dismissal, was referred to Judge Edgardo Ramos for approval. (fk) (Entered: 12/07/2012) |
| 12/6/2012 |
11 |
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) John Doe 1. Document filed by Malibu Media, LLC. (Kotzker, Jason) Modified on 12/7/2012 (fk). (Entered: 12/06/2012) |
| 12/6/2012 |
11 |
NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) John Doe 1. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 12/06/2012) |
| 8/21/2012 |
10 |
OPINION AND ORDER: For the foregoing reasons, the Court sua sponte SEVERS and DISMISSES without prejudice from this action: John Doe Defendants 2-10 in Malibu Media, LLC v. John Does 1-10, No. 12-cv-2949 (ER); John Doe Defendants 2-11 in Malibu Media, LLC v. John Does 1-11, No. 12-cv-3810 (ER); John Doe Defendants 2-16 in Malibu Media, LLC v. John Does 1-16, No. 12-cv-3818 (ER); and, John Doe Defendants 2-21 in Malibu Media, LLC v. John Does 1-21, No. 12-cv-3821 (ER). The Court GRANTS in part and DENIES in part Malibus motion for expedited discovery as to the remaining Defendants: John Doe Defendant 1 in Malibu Media, LLC v. John Does 1-10, No. 12-cv-2949 (ER); John Doe Defendant 1 in Malibu Media, LLC v. John Does 1-11, No. 12-cv-3810 (ER); John Doe Defendant 1in Malibu Media, LLC v. John Does 1-16, No. 12-cv-3818 (ER); and, John Doe Defendant 1in Malibu Media, LLC v. John Does 1-21, No. 12-cv-3821 (ER). The Court hereby ORDERS that Malibu may immediately serve a Rule 45 subpoena onthe ISP of John Doe 1 listed in Exhibit A to each of the Complaints to obtain information to identify the Defendant, specifically his or her name, current and permanent address, and Media Access Control address. Malibu is expressly not permitted to subpoena the ISP for the Defendants email addresses or telephone numbers. It is further ORDERED that Malibu shall serve a copy of this Opinion and Order as well as the attached Notice to Defendants along with any subpoenas to the listed ISPs. It is further ORDERED that each ISP will have 60 days from the date of service of the Rule 45 subpoena upon it to serve John Doe 1 in each of the four actions with a copy of the subpoena, a copy of this Opinion and Order, and a copy of the Notice to Defendants. The Opinion and Order should be attached to the Notice to Defendants such that the Notice toDefendants is the first page of the materials enclosed with the subpoena. The ISPs may serve John Doe 1 in each of the four actions using any reasonable means, including written notice sent to his or her last known address, transmitted either by first class mail or via overnight service. It is further ORDERED that John Doe 1 in each of the four actions shall have 60 days from the date of service of the Rule 45 subpoena and this Opinion and Order upon him or her to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. The ISPs may not turn over the identifying information of John Doe 1 in each of the four actions to Malibu before the expiration of this 60day period. Additionally, if a remaining Defendant or ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena nonymously, the ISPs may not turn over any information to Malibu until the issues have been addressed and the Court issues an order instructing the ISPs to resume turning over the requested discovery. It is further ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash. It is further ORDERED that an ISP that receives a subpoena pursuant to this Opinion and Order shall confer with Malibu and shall not assess any charge in advance of providing the information requested in the subpoena. An ISP that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to Malibu. It is further ORDERED that any information ultimately disclosed to Malibu in responseto a Rule 45 subpoena may be used by Malibu solely for the purpose of protecting Malibu's rights as set forth in its complaint. The Clerk of the Court is respectfully directed to terminate the following motions: Doc. 7 in Malibu Media, LLC v. John Does 1-10, No. 12-cv-2949 (ER); Doc. 2 in Malibu Media, LLC v. John Does 1-11, No. 12-cv-3810 (ER); Doc. 2 in Malibu Media, LLC v. John Does 1-16, No. 12-cv-3818 (ER); and, Doc. 2 Defendants 2-21 in Malibu Media, LLC v. John Does 1-21, No. 12-cv-3821 (ER). (Signed by Judge Edgardo Ramos on 8/21/2012) (fk) (Entered: 08/21/2012) |
| 5/8/2012 |
9 |
DECLARATION of Tobias Fieser in Support re: 7 MOTION For Leave TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kotzker, Jason) (Entered: 05/08/2012) |
| 5/8/2012 |
8 |
MEMORANDUM OF LAW in Support re: 7 MOTION For Leave TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 05/08/2012) |
| 5/8/2012 |
7 |
MOTION For Leave TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Kotzker, Jason) (Entered: 05/08/2012) |
| 5/8/2012 |
6 |
NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Katherine B. Forrest is no longer assigned to the case. (pgu) (Entered: 05/08/2012) |
| 5/8/2012 |
5 |
ORDER: that the Clerk of the Court is directed to reassign this case to White Plains. (Signed by Judge Katherine B. Forrest on 5/7/2012) (pl) (Entered: 05/08/2012) |
| 5/8/2012 |
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Transmission to Case Assignment Clerk. Transmitted re: 5 Order, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (pl) (Entered: 05/08/2012) |
| 5/8/2012 |
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Magistrate Judge Paul E. Davison is so redesignated. (pgu) (Entered: 05/08/2012) |
| 5/3/2012 |
4 |
NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge John G. Koeltl is no longer assigned to the case. (pgu) (Entered: 05/03/2012) |
| 4/25/2012 |
3 |
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE. Document filed by Malibu Media, LLC. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit A: Declaration of Fieser, # 4 Exhibit A to Declaration of Fieser, # 5 Exhibit B to Declaration of Fieser)(Kotzker, Jason) Modified on 4/25/2012 (db). (Entered: 04/25/2012) |
| 4/25/2012 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jason Aaron Kotzker to RE-FILE Document 3 MOTION LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE. MOTION LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Entered: 04/25/2012) |
| 4/23/2012 |
2 |
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| 4/18/2012 |
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| 4/17/2012 |
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Case Designated ECF. (mro) (Entered: 04/18/2012) |
| 4/13/2012 |
1 |
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| 4/13/2012 |
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Magistrate Judge Debra C. Freeman is so designated. (mro) (Entered: 04/18/2012) |
| 4/13/2012 |
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Mailed notice to Register of Copyrights to report the filing of this action. (mro) (Entered: 04/18/2012) |
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