|
|
|
| RFC Case Number: |
C-M12-3812J |
| Court Case Number: |
7:12-cv-03812-CS |
| File Date: |
Monday, May 14, 2012 |
| Plaintiff: |
Malibu Media, LLC
|
| Plaintiff Counsel: |
Jason A. Kotzker of Kotzker Law Group
|
| Defendant: |
John Does 1-8
|
| Cause: |
17:101 Copyright Infringement |
| Court: |
New York Southern District Court |
| Judge: |
Judge Cathy Seibel
|
| Notes: |
|
|
Docket Text
|
|
|
|
 |
|
 |
|
This may not be the most complete up-to-date docket information.
For daily updates on this case, sign-up for a Lawsuit Tracker.
See the box on the right side of this page for details on the Lawsuit Tracker
|
|
 |
|
 |
|
| Date |
# |
Docket Text |
| 10/15/2012 |
9 |
ORDER: This Court fully adopts the reasoning set forth in Judge Ramos' August 21, 2012 Opinion and Order in Malibu Media, LLC v. John Does 1-10, No. 12-CV-2949 (S.D.N.Y. Aug. 21, 2012) (ECF No. 10) (the "Ramos Opinion"), a copy of which is attached to this Order. Accordingly, the Court sua sponte severs Defendants John Does 2-8 in No. 12-CV-3812 and Defendants John Does 2-15 in No. 12-CV-3825, and DISMISSES the case against them without prejudice. If Plaintiff chooses to re-file actions against any of the severed Defendants, those actions must be referred to this Court pursuant to the Southern District's Local Rule 4(b) for the Division of Business among District Judges. The Court hereby ORDERS that Plaintiff may immediately serve a Rule 45 subpoena on the Internet Service Provider ("ISP") of each John Doe 1 listed in Exhibit A to the respective Complaints to obtain the following information: John Doe 1's name, current and permanent address, and Media Access Control address. Plaintiff is expressly not permitted to subpoena the ISP for email addresses or telephone numbers. It is further ORDERED that Plaintiff shall serve the ISPs with a copy of this Order, which includes a copy of the Ramos Opinion, as well as the appended "Notice to Defendant," along with any subpoenas. 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 each respective John Doe I with a copy of the subpoena, a copy of this Order, which includes a copy of the Ramos Opinion, and a copy of the "Notice to Defendant." The "Notice to Defendant" should be the first page of materials sent to each John Doe 1. The ISPs may serve each respective John Doe I using any reasonable means, including written notice sent to his or her last known address, transmitted either by first class mail or overnight service. It is further ORDERED that each respective John Doe 1 shall have 60 days from the date of service of the Rule 45 subpoena upon him or her (i.e., the date of receipt of a copy of the subpoena) 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 any identifying information before the expiration of this 60-day period. Additionally, if a John Doe 1 or ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena anonymously, the ISPs may not turn over information to Plaintiff until the issues have been addressed and the Court issues an order instructing the ISPs to resume turning over the requested information. It is further ORDERED that the subpoenaed ISP shall preserve any subpoenaed information pending the resolution of any timely motion to quash. It is further ORDERED that an ISP that receives a subpoena pursuant to this Order shall confer with Plaintiff 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 Plaintiff. It is further ORDERED that any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in the respective Complaints. The Clerk of Court is respectfully directed to terminate the pending motions. (No. 12-CV-3812, Doc. 6; No. 12-CV-3825, Doc. 6.) The Clerk is also respectfully directed to docket this Order in both cases. SO ORDERED. Motions terminated: 6 MOTION for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference, John Doe 1 added. John Does 1-8 terminated. (Signed by Judge Cathy Seibel on 10/11/2012) (lnl) (Entered: 10/16/2012) |
| 10/15/2012 |
9 |
ORDER: This Court fully adopts the reasoning set forth in Judge Ramos' August 21, 2012 Opinion and Order in Malibu Media, LLC v. John Does 1-10, No. 12-CV-2949 (S.D.N.Y. Aug. 21, 2012) (ECF No. 10) (the "Ramos Opinion"), a copy of which is attached to this Order. Accordingly, the Court sua sponte severs Defendants John Does 2-8 in No. 12-CV-3812 and Defendants John Does 2-15 in No. 12-CV-3825, and DISMISSES the case against them without prejudice. If Plaintiff chooses to re-file actions against any of the severed Defendants, those actions must be referred to this Court pursuant to the Southern District's Local Rule 4(b) for the Division of Business among District Judges. The Court hereby ORDERS that Plaintiff may immediately serve a Rule 45 subpoena on the Internet Service Provider ("ISP") of each John Doe 1 listed in Exhibit A to the respective Complaints to obtain the following information: John Doe 1's name, current and permanent address, and Media Access Control address. Plaintiff is expressly not permitted to subpoena the ISP for.email addresses or telephone numbers. It is further ORDERED that Plaintiff shall serve the ISPs with a copy of this Order, which includes a copy of the Ramos Opinion, as well as the appended "Notice to Defendant," along with any subpoenas. 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 each respective John Doe I with a copy of the subpoena, a copy of this Order, which includes a copy of the Ramos Opinion, and a copy of the "Notice to Defendant." The "Notice to Defendant" should be the first page of materials sent to each John Doe 1. The ISPs may serve each respective John Doe I using any reasonabl means, including written notice sent to his or her last known address, transmitted either by first class mail or overnight service. It is further ORDERED that each respective John Doe 1 shall have 60 days from the date of service of the Rule 45 subpoena upon him or her (i.e., the date of receipt of a copy of the subpoena) 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 any identifying information before the expiration of this 60-day period. Additionally, if a John Doe 1 or ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena anonymously, the ISPs may not tum ove information to Plaintiff until the issues have been addressed and the Court issues an order instructing the ISPs to resume turning over the requested information. It is further ORDERED that the subpoenaed ISP shall preserve any subpoenaed information pending the resolution of any timely motion to quash. It is further ORDERED that an ISP that receives a subpoena pursuant to this Order shall confer with Plaintiff 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 Plaintiff. It is further ORDERED that any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in the respective Complaints. The Clerk of Court is respectfully directed to terminate the pending motions. (No. 12-CV-3812, Doc. 6; No. 12-CV-3825, Doc. 6.) The Clerk is also respectfully directed to docket this Order in both cases. SO ORDERED. Motions terminated: 6 MOTION for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference, John Doe 1 added. John Does 1-8 terminated. (Signed by Judge Cathy Seibel on 10/11/2012) (lnl) (Entered: 10/16/2012) |
| 6/6/2012 |
8 |
DECLARATION of Tobias Fieser in Support re: 6 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: 06/06/2012) |
| 6/6/2012 |
7 |
MEMORANDUM OF LAW in Support re: 6 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)(Kotzker, Jason) (Entered: 06/06/2012) |
| 6/6/2012 |
6 |
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: 06/06/2012) |
| 5/23/2012 |
5 |
ORDER: Plaintiffs in both of the above-cases have moved for leave to serve third-party subpoenas prior to a Rule 26(f) conference. The motions are denied without prejudice to renewal. Within 14 days of the date of this Order, Plaintiff may renew the motions, but this time must address the joinder and other issues raised In re BitTorrent Adult Film Copyright Infringement Cases, No. l1-cv-3995, 2012 U.S. Dist. LEXIS 61447 (E.D.N.Y. May 1,2012), and Digital Sins, Inc. v. John Does 1-245, No. l1-CV-8170 (CM) (S.D.N.Y. May 15,2012). Plaintiff is further advised that Section II.A. of my Individual Practices requires a pre-motion conference before the filing of a motion. In this instance I will waive the requirement for a pre-motion conference, but in the future, before filing any motion, counsel for Plaintiff shall by letter either request such a conference or request that the requirement for such a conference be waived. The Clerk of Court is respectfully directed to terminate the pending motions. (12-CV3812 Doc. 2 and 12-CV-382S Doc. 2.) The Clerk is also respectfully directed to docket this Order in both cases. SO ORDERED. (Signed by Judge Cathy Seibel on 5/22/2012) (lnl) (Entered: 05/23/2012) |
| 5/23/2012 |
5 |
ORDER: Plaintiffs in both of the above-cases have moved for leave to serve third-party subpoenas prior to a Rule 26(f) conference. The motions are denied without prejudice to renewal. Within 14 days of the date of this Order, Plaintiff may renew the motions, but this time must address the joinder and other issues raised in In re BitTorrent Adult Film Copyright Infringement Cases, No. l1-cv-3995, 2012 U.S. Dist. LEXIS 61447 (E.D.N.Y. May 1,2012), and Digital Sins, Inc. v. John Does 1-245, No. l1-CV-8170 (CM) (S.D.N.Y. May 15,2012). Plaintiff is further advised that Section II.A. of my Individual Practices requires a pre-motion conference before the filing of a motion. In this instance I will waive the requirement for a pre-motion conference, but in the future, before filing any motion, counsel for Plaintiff shall by letter either request such a conference or request that the requirement for such a conference be waived. The Clerk of Court is respectfully directed to terminate the pending motions. (12-CV3812 Doc. 2 and 12-CV-382S Doc. 2.) The Clerk is also respectfully directed to docket this Order in both cases. SO ORDERED. (Signed by Judge Cathy Seibel on 5/22/2012) (lnl) (Entered: 05/23/2012) |
| 5/22/2012 |
4 |
DECLARATION of Tobias Fieser in Support re: 2 MOTION Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Confererence.. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kotzker, Jason) (Entered: 05/22/2012) |
| 5/22/2012 |
3 |
MEMORANDUM OF LAW in Support re: 2 MOTION Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Confererence.. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 05/22/2012) |
| 5/22/2012 |
2 |
MOTION Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Confererence. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Kotzker, Jason) (Entered: 05/22/2012) |
| 5/14/2012 |
1 |
COMPLAINT against John Does 1-8. (Filing Fee $ 350.00, Receipt Number 465407003312) Document filed by Malibu Media, LLC. (lnl) (Entered: 05/15/2012) |
| 5/14/2012 |
|
Magistrate Judge Lisa M. Smith is so designated. (lnl) (Entered: 05/15/2012) |
| 5/14/2012 |
|
Case Designated ECF. (lnl) (Entered: 05/15/2012) |
|
|
 |
|
 |
|
Need more info about this lawsuit?
|
|
 |
|
 |
|
|
|
|
IP Lawfirms & Attorneys
| Sutherland Asbill & Brennan LLP |
Info |
|
|
|
|
|
|
Cart 
