| Court: | cacd |
| Docket #: | 2:12-cv-03623 |
| Case Name: | Malibu Media LLC v. John Does |
| PACER case #: | 530652 |
| Date filed: | 2012-04-26 |
| Date terminated: | 2013-01-28 |
| Date of last filing: | 2013-09-10 |
| Assigned to: | Judge R. Gary Klausner |
| Referred to: | Magistrate Judge Suzanne H. Segal |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media LLC Plaintiff a California corporation |
Leemore Kushner |
| John Does Defendant 1 through 10 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-26 | 1 | 0 | Complaint - (Discovery) | COMPLAINT against Defendant John Does 1 through 10. Case assigned to Judge Otis D Wright, II for all further proceedings. Discovery referred to Magistrate Judge Patrick J Walsh.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. [NO SUMMONS ISSUED ON 4/26/2012](et) (mg). (Entered: 04/27/2012) | ||
| 2012-04-26 | 2 | 0 | Certificate/Notice of Interested Parties | CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 04/27/2012) | ||
| 2012-04-26 | 3 | 0 | Report on Filing of Copyright Action (Initial Notification) | REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Malibu Media LLC. (et) (Entered: 04/27/2012) | ||
| 2012-04-26 | 4 | 0 | Notice to Parties of Court-Directed ADR Program (ADR-8) | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/27/2012) | ||
| 2012-05-04 | 5 | 0 | Motion for Leave re Discovery Matter | NOTICE OF MOTION AND MOTION for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 6/4/2012 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Declaration of Tobias Fieser, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Leemore Kushner, # 5 Proposed Order)(Kushner, Leemore) (Entered: 05/04/2012) | ||
| 2012-05-24 | 6 | 0 | Order on Motion for Leave re Discovery Matter | MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: Hearing on MOTION for Leave toServe Third Party Subpoenas Prior to a Rule 26(f) 5 scheduled for June 4, 2012 at 1:30 p.m., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc) (Entered: 05/24/2012) | ||
| 2012-06-27 | 7 | 0 | Order on Motion for Leave re Discovery Matter | ORDER that plaintiff Malibus Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference is GRANTED IN PART 5 by Judge Otis D Wright, II: Malibu may now subpoena Cox Communications for the identity of John Doe 1. The other Doe Defendants are hereby severed from this case. If Malibu chooses to refile against John Does 2-10, it must also submit a notice of related case. (lc) Modified on 6/27/2012 (lc). (Entered: 06/27/2012) | 2012-06-28 07:19:15 | 8640a513711d878cb5fa4850774734caba5c354f |
| 2012-07-10 | 8 | 0 | Transferring Case purs GO 14-03 (Related Case (CV 34) | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-01642 RGK(SSx). Case transferred from Magistrate Judge Patrick J. Walsh and Judge Otis D Wright, II to Judge R. Gary Klausner and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-03623 RGK(SSx).Signed by Judge R. Gary Klausner (rn) (Entered: 07/10/2012) | ||
| 2012-07-10 | 9 | 0 | Order to Show Cause | ORDER TO SHOW CAUSE by Judge R. Gary Klausner: Response to Order to Show Cause due by 7/23/2012. (rne) (Entered: 07/10/2012) | 2012-07-11 07:26:43 | c50dba6fe2fa3b4baf1822341b6353f8d420d1da |
| 2012-07-24 | 10 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE IN CHAMBERS ORDER Request for Further Briefing, Case ManagementOrder, and Motion for Sanction in 2:12-cv-03614 (DE 10) by Judge R. Gary Klausner: There are two categories of Defendants in these related cases: Defendants who are currently unrepresented and Defendants who are represented by The Pietz Law Firm. The Court will discuss the pending issues as to each group of Defendants separately. First, as to the unrepresented Defendants, the Court requests further briefing from the Plaintiff as to the issue of personal jurisdiction. Plaintiff responded to the Courts Order to Show Cause by submitting information about the accuracy of its IP address tracking in other federal cases. However, this data is unreliable as Plaintiff has not presented the Court with information about how it selected the defendants in those cases or the methods it used to track their location. Further, the success of Plaintiffs methods in other cases is not necessarily indicative of the likelihood that this Court has personal jurisdiction over of the present unrepresented Defendants. Plaintiff is to submit further briefing, of no more than ten pages by Friday, July 27, 2012 addressing the geo locating tools or other relevant technology it has used in the present cases to identify the location of the IP addresses belonging to the unrepresented Defendants and the accuracy and reliability of such technology. The Court will not take further steps as to these unrepresented Defendants until it has resolved the issue of personal jurisdiction. Second, as to the represented Defendants, these Defendants have waived any objections to personal jurisdiction. (See Brief re: Jurisdiction and Sanctions for Related Case Rule Violations, 1: 6-10.) Further, John Doe Number 5 in 2:12-cv-03614 requests that the Court consider its previously filed Motion for Sanctions. Plaintiff has opposed that Motion and Defendant makes reply arguments in its response to the Order to Show Cause. Therefore, that Motion is deemed submitted. Upon full consideration of the arguments and evidence submitted in that case, the Court finds insufficient good cause to impose sanctions and hereby denies the Motion for Sanctions at Docket Entry 10 in 2:12-cv-03614. Because this Courts July 10, 2012 Case Management Order vacated any subpoenas that had previously been issued, Plaintiff may only proceed with discovery as to the represented Defendants upon further motion to the Court. (shb) (Entered: 07/24/2012) | ||
| 2012-07-31 | 11 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Discharging Court's 7/10/2012 Order to Show Cause 9 . (vdr) (Entered: 07/31/2012) | ||
| 2012-08-15 | 12 | 0 | Motion for Leave | NOTICE OF MOTION AND Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 9/17/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Kushner, Leemore) (Entered: 08/15/2012) | ||
| 2012-09-12 | 13 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 12 . The above-referenced motion, noticed for hearing on September 17, 2012, has been taken under submission and off the motion alendar. No appearances by counsel are necessary. (rne) (Entered: 09/13/2012) | ||
| 2012-10-10 | 14 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: The Court ORDERS as follows:1. Plaintiffs Renewed Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference is DENIED. (CV 12-01642, DE 28.) 2. Plaintiffs claims in the above-listed cases are DISMISSED WITHOUT PREJUDICE against all Defendants other than the individual designated as John Doe 1 in each action.3. Defendant John Doe No. 5s Motion to Sever All Does Other than John Doe 1 isDENIED as moot. (CV 12-03614-RGK, DE 32.) (shb) (Entered: 10/10/2012) | ||
| 2013-01-17 | 15 | 0 | Order to Show Cause | ORDER TO SHOW CAUSE as to Why Remaining Defendants Should Not be Dismissed Pursuant to Rule 4(m) by Judge R. Gary Klausner. Response to Order to Show Cause due by 1/24/2013. (rne) (Entered: 01/17/2013) | 2013-01-18 07:15:30 | 0b43708541048b0e0c0322ca1d78e5935fed9dfb |
| 2013-01-24 | 16 | 0 | Response (non-motion) | RESPONSE filed by Plaintiff Malibu Media LLCto Order to Show Cause 15 (Kushner, Leemore) (Entered: 01/24/2013) | ||
| 2013-01-28 | 17 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS Order re: Dismissal of Plaintiff's Complaints for Failure to Comply with Federal Rule of Civil Procedure 4(m)by Judge R. Gary Klausner: On January 17, 2013, the Court issued an Order to Show Cause as to why John Doe Defendants in the present cases should not be dismissed for failure to comply with Federal Rule of Civil Procedure ("Rule") 4(m). On January 24, 2013, Plaintiff filed a timely response and thus, the Jan. 17 Order to Show Cause is discharged. Plaintiff's deadlines for service of the summons and complaint expired between June to September 2012. In its response to the Court's Jan. 17 Order to Show Cause, Plaintiff has not demonstrated good cause for its failure to comply with Rule 4(m). Thus, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's Complaints. (Made JS-6. Case Terminated.) (bp) (Entered: 01/28/2013) | 2014-06-26 14:34:07 | 02d909be8620c9bc17e0fb2e104a2b7d46799ffb |
| 2013-09-10 | 18 | 0 | Report of Determination of Copyright Action (CLOSE)(AO 121) | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (ir) (Entered: 09/10/2013) |