| Court: | insd |
| Docket #: | 1:12-cv-00842 |
| Case Name: | MALIBU MEDIA, LLC v. MCSWEENEY et al |
| PACER case #: | 40651 |
| Date filed: | 2012-06-18 |
| Date terminated: | 2013-09-24 |
| Assigned to: | Judge Tanya Walton Pratt |
| Referred to: | Magistrate Judge Mark J. Dinsmore |
| 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 |
Paul J. Nicoletti |
| JOHN DOES 1-7 Defendant |
|
| STEPHEN MCSWEENEY Defendant Clerk's Entry of Default Entered 2/5/2013 |
|
| CHARLIE TOLLEY Defendant |
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| JEREMIAH MCKINNEY Defendant |
|
| JAMES HELFERICH Defendant Clerk's Entry of Default Entered on 2/5/2013 |
Jonathan LA Phillips |
| ERNEST NURULLAEVA Defendant |
ERNEST NURULLAEVA |
| JOHN DOE #1 Defendant |
|
| JOHN DOE #7 Defendant |
|
| JOHN DOE #7 Defendant |
|
| JOHN DOE #7 Defendant |
|
| JOHN DOE #7 Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-06-18 | 1 | 0 | Complaint | COMPLAINT against JOHN DOES 1-7, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit -A IP Address List, # 2 Exhibit -B Copyright Public Catalog, # 3 Exhibit -C Title List, # 4 Exhibit -D BitTorrent vocabulary, # 5 Civil Cover Sheet, # 6 Receipt IP030388 Filing Fee $350.00)(MSD) (Entered: 06/19/2012) | ||
| 2012-06-18 | 2 | 0 | Corporate Disclosure Statement | Corporate Disclosure Statement by MALIBU MEDIA, LLC. (MSD) (Entered: 06/19/2012) | ||
| 2012-06-19 | 3 | 0 | Magistrate Judge's Notice of Availability to Exercise Jurisdiction | MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MSD) (Entered: 06/19/2012) | ||
| 2012-06-23 | 4 | 0 | Motion (Other) | MOTION for Leave to Serve Third Party Subpoenas Prior to a 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: 06/23/2012) | ||
| 2012-06-25 | 5 | 0 | Report - Copyright (AO Form 121) | NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # 1 Complaint and Exhibits) (JD) (Entered: 06/25/2012) | ||
| 2012-06-25 | 6 | 0 | Notice of Appearance | NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 06/25/2012) | ||
| 2012-06-25 | 7 | 0 | Order on Motion | ORDER granting Pltf's 4 Motion for leave to serve third party subpoenas prior to a Rule 26(f) conference (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 6/252012. (SWM) (Entered: 06/26/2012) | ||
| 2012-08-29 | 8 | 0 | Scheduling Order | SCHEDULING ORDER: Status Conference set for 9/7/2012 11:00 AM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 8/29/2012.(SWM) (Entered: 08/29/2012) | ||
| 2012-09-05 | 9 | 0 | EX-PARTE Motion | *** EX-PARTE MOTION TO CONDUCT STATUS CONFERENCE VIA TELEPHONE AND/OR TO ADJOURN STATUS CONFERENCE re 8 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Nicoletti, Paul) (Entered: 09/05/2012) | ||
| 2012-09-05 | 10 | 0 | Order on EX-PARTE Motion | MARGINAL ENTRY denying Pltf's 9 EX-PARTE Motion to conduct status hearing via telephonie and/or to adjourn status conference. The conference shall proceed in person and as scheduled. Furthermore, Plaintiff's motion was improperly filed as an ex parte motion; the Clerk shall remove the seal on Plaintiff's motion (see bottom of page) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/5/2012. (SWM) (Entered: 09/05/2012) | ||
| 2012-09-19 | 11 | 0 | Pretrial Conference - Interim | MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Pretrial Conference held on 9/7/2012 (see Entry for matters discussed). Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 09/19/2012) | ||
| 2012-09-19 | 12 | 0 | Scheduling Order | 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) | ||
| 2012-09-21 | 13 | 0 | SEALED Document | SEALED Notice of Filing Subpoena Issued to Cinergy MetroNet, re 11 Pretrial Conference - Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012) | ||
| 2012-09-21 | 14 | 0 | SEALED Document | SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 11 Pretrial Conference - Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012) | ||
| 2012-09-21 | 15 | 0 | SEALED Document | SEALED Notice of Filing Subpoena Issued to Frontier Communications, re 11 Pretrial Conference - Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012) | ||
| 2012-09-26 | 16 | 0 | Status Conference | 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. 11] Pursuant to Docket 11, 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) | ||
| 2012-10-03 | 18 | 0 | Amended Complaint | AMENDED COMPLAINT against JOHN DOES 1-7, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - IP Address List, # 2 Exhibit B - Copyright Website Screen Shots, # 3 Exhibit C - Title List, # 4 Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 10/03/2012) | 2013-11-15 10:05:04 | e96bab70824155201a5a701a628bbd4cd193abb3 |
| 2012-10-11 | 19 | 0 | Summons (proposed) | Proposed Summons submitted for issuance by the clerk as to CHARLIE TOLLEY. (Nicoletti, Paul) (Entered: 10/11/2012) | ||
| 2012-10-11 | 20 | 0 | Summons (proposed) | Proposed Summons submitted for issuance by the clerk as to ERNEST NURULLAEVA. (Nicoletti, Paul) (Entered: 10/11/2012) | ||
| 2012-10-11 | 21 | 0 | Summons (proposed) | Proposed Summons submitted for issuance by the clerk as to JAMES HELFERICH. (Nicoletti, Paul) (Entered: 10/11/2012) | ||
| 2012-10-11 | 22 | 0 | Summons (proposed) | Proposed Summons submitted for issuance by the clerk as to JEREMIAH MCKINNEY. (Nicoletti, Paul) (Entered: 10/11/2012) | ||
| 2012-10-11 | 23 | 0 | Summons (proposed) | Proposed Summons submitted for issuance by the clerk as to STEPHEN MCSWEENEY. (Nicoletti, Paul) (Entered: 10/11/2012) | ||
| 2012-10-15 | 24 | 0 | Summons Issued | Summons Issued as to JAMES HELFERICH, JEREMIAH MCKINNEY, STEPHEN MCSWEENEY, ERNEST NURULLAEVA, CHARLIE TOLLEY. (JD) (Entered: 10/15/2012) | ||
| 2012-10-16 | 25 | 0 | Motion for Extension of Time | First 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: 10/16/2012) | ||
| 2012-10-30 | 26 | 0 | Order on Motion for Extension of Time to File | ORDER granting Pltf's 25 Motion for Extension of Time to effectuate service of a summons and complaint upon each Deft to 11/6/2012. Signed by Magistrate Judge Mark J. Dinsmore on 10/30/2012. (SWM) (Entered: 10/30/2012) | ||
| 2012-11-21 | 29 | 0 | Answer to Amended Complaint | ANSWER to 18 Amended Complaint, filed by ERNEST NURULLAEVA.(JD) Modified date filed on 11/26/2012 (JD). (Entered: 11/26/2012) | 2012-12-05 23:57:27 | 5890d7fda3eac518964997efb9c1dc1e057dc85b |
| 2012-11-28 | 30 | 0 | Scheduling Order | SCHEDULING ORDER: The Court, sua sponte, amends paragraphs 2 and 3 of its September 19, 2012 Minute Entry [Dkt. 11] 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 Minute Entry to file with the Court copies of any such correspondence with such named Defendant (s) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 11/28/2012.(SWM) (Entered: 11/28/2012) | ||
| 2012-11-29 | 31 | 0 | Scheduling Order | SCHEDULING ORDER: The Court, sua sponte, VACATES the telephonic settlement conference scheduled for November 30, 2012 at 9:00 a.m. with Jeremiah McKinney. Counsel for Plaintiff is to serve this Order on Jeremiah McKinney. Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2012.(SWM) (Entered: 11/29/2012) | ||
| 2012-12-21 | 32 | 0 | SEALED Document | SEALED Notice of Filing Cinergy MetroNet's Subpoena Response, re 13 SEALED Document, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Cinergy MetroNet's Subpoena Response)(Nicoletti, Paul) (Entered: 12/21/2012) | ||
| 2013-01-07 | 33 | 0 | Return of Personal Service | RETURN of Personal Service, filed by MALIBU MEDIA, LLC. ERNEST NURULLAEVA served on 11/3/2012. (Nicoletti, Paul) (Entered: 01/07/2013) | ||
| 2013-01-07 | 34 | 0 | Return of Personal Service | RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JEREMIAH MCKINNEY served on 11/2/2012. (Nicoletti, Paul) (Entered: 01/07/2013) | ||
| 2013-01-07 | 35 | 0 | Return of Service | RETURN of Service, filed by MALIBU MEDIA, LLC. CHARLIE TOLLEY served on 11/2/2012. (Nicoletti, Paul) (Entered: 01/07/2013) | ||
| 2013-01-07 | 36 | 0 | Return of Personal Service | RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JAMES HELFERICH served on 11/1/2012. (Nicoletti, Paul) (Entered: 01/07/2013) | ||
| 2013-01-07 | 37 | 0 | Return of Personal Service | RETURN of Personal Service, filed by MALIBU MEDIA, LLC. STEPHEN MCSWEENEY served on 11/1/2012. (Nicoletti, Paul) (Entered: 01/07/2013) | ||
| 2013-01-14 | 38 | 0 | Motion for Clerk's Entry of Default | MOTION for Clerk's Entry of Default McKinney, McSweeney, Helferich, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-Declaration in Support of Request for Default, # 2 Exhibit B-Entry of Default)(Nicoletti, Paul) (Entered: 01/14/2013) | ||
| 38 | 1 | Exhibit A-Declaration in Support of Request for Default | ||||
| 38 | 2 | Exhibit B-Entry of Default | ||||
| 2013-01-21 | 39 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 01/21/2013) | ||
| 2013-01-22 | 40 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 38 MOTION for Clerk's Entry of Default as to McKinney, filed by Defendant JEREMIAH MCKINNEY. (JD) (Entered: 01/22/2013) | ||
| 2013-01-23 | 41 | 0 | Dismissal | MARGINAL NOTATION OF ACKNOWLEDGMENT re 39 NOTICE of Voluntary Dismissal as to JOHN DOE #1 and JOHN DOE #7. Signed by Judge Tanya Walton Pratt on 1/23/2013.(JD) (Entered: 01/23/2013) | ||
| 2013-01-29 | 42 | 0 | Notice (Other) | NOTICE of Withdrawal of Motion for Entry of Clerk's Default As to Defendant Jeremiah McKinney Only, filed by Plaintiff MALIBU MEDIA, LLC, re 38 MOTION for Clerk's Entry of Default McKinney, McSweeney, Helferich. (Nicoletti, Paul) (Entered: 01/29/2013) | ||
| 2013-01-30 | 43 | 0 | Order | MARGINAL NOTATION OF APPROVAL re 42 NOTICE of Withdrawal of Motion for Entry of Clerk's Default As to Defendant Jeremiah McKinney Only. Signed by Judge Tanya Walton Pratt on 1/30/2013.(JD) (Entered: 01/30/2013) | ||
| 2013-02-05 | 44 | 0 | Clerk's Entry of Default | Clerk's ENTRY OF DEFAULT as to JAMES HELFERICH, STEPHEN MCSWEENEY. Signed by Clerk, Laura A. Briggs. Copies Mailed. (JD) (Entered: 02/05/2013) | ||
| 2013-02-12 | 45 | 0 | Notice (Other) | NOTICE OF VOLUNTARY DISMISSAL OF JEREMIAH MCKINNEY (50.129.90.73) ONLY, filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/12/2013) | ||
| 2013-02-13 | 46 | 0 | Dismissal | MARGINAL NOTATION OF ACKNOWLEDGMENT re 45 Notice of Voluntary Dismissal - This cause of action is DISMISSED with prejudice as to JEREMIAH MCKINNEY. Signed by Judge Tanya Walton Pratt on 2/13/2013.(JD) (Entered: 02/13/2013) | ||
| 2013-02-21 | 47 | 0 | Notice (Other) | NOTICE OF VOLUNTARY DISMISSAL OF CHARLIE TOLLEY ONLY (50.129.213.63), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 02/21/2013) | ||
| 2013-02-22 | 48 | 0 | Dismissal | MARGINAL NOTATION OF ACKNOWLEDGMENT re 47 NOTICE OF VOLUNTARY DISMISSAL - This cause of action is DISMISSED without prejudice as to CHARLIE TOLLEY. Signed by Judge Tanya Walton Pratt on 2/22/2013.(JD) (Entered: 02/22/2013) | ||
| 2013-02-25 | 49 | 0 | Mail Returned | Mail Returned as undeliverable. 44 Clerk's Entry of Default sent to STEPHEN MCSWEENEY. (JD) (Entered: 02/25/2013) | ||
| 2013-02-28 | 50 | 0 | Scheduling Order | SCHEDULING ORDER: Initial Pretrial Conference set for 4/19/2013 03:20 PM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore (see Order for additional information) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 2/28/2013.(SWM) (Entered: 03/01/2013) | ||
| 2013-03-12 | 51 | 0 | Motion (Other) | MOTION for Leave to Appear Telephonically at the Pre-Trial Conference on April 19, 2013, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 03/12/2013) | ||
| 2013-03-13 | 52 | 0 | Order on Motion | ORDER granting Pltf's 51 Motion for leave to appear telephonically at the pre-trial conference on 4/19/2013 (see Order for additional information) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 3/13/2013. (SWM) (Entered: 03/14/2013) | ||
| 2013-04-02 | 53 | 0 | Motion for Default Judgment | MOTION for Default Judgment as to James Helferich, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Declaration of Paul J. Nicoletti, # 2 Text of Proposed Order Default Judgment)(Nicoletti, Paul) (Entered: 04/02/2013) | ||
| 2013-04-02 | 54 | 0 | Brief/Memorandum in Support of Motion | BRIEF/MEMORANDUM in Support re 53 MOTION for Default Judgment as to James Helferich , 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: 04/02/2013) | ||
| 2013-04-02 | 55 | 0 | Motion for Default Judgment | MOTION for Default Judgment as to Stephen McSweeney, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Declaration of Paul J. Nicoletti, # 2 Text of Proposed Order Default Judgment)(Nicoletti, Paul) (Entered: 04/02/2013) | ||
| 2013-04-02 | 56 | 0 | Brief/Memorandum in Support of Motion | BRIEF/MEMORANDUM in Support re 55 MOTION for Default Judgment as to Stephen McSweeney , 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: 04/02/2013) | ||
| 2013-04-04 | 57 | 0 | Scheduling Order | ENTRY RESETTING CONFERENCE (TIME ONLY): This matter is currently set for an Initial Pretrial Conference on Friday, April 19, 2013 at 3:20 p.m. The court now changes the time to 11:00 a.m. All other requirements of the Court's Order dated 2/28/2013 and 3/13/2013 [Dkts. 50 & 52] are still in order and effect c/m. Signed by Magistrate Judge Mark J. Dinsmore on 4/4/2013.(SWM) (Entered: 04/04/2013) | ||
| 2013-04-24 | 58 | 0 | Judgment | DEFAULT JUDGMENT - Default Judgment is entered against Stephen McSweeney and in favor of Malibu Media, LLC. Signed by Judge Tanya Walton Pratt on 4/24/2013. Copy Mailed.(JD) (Entered: 04/24/2013) | 2013-05-01 15:29:13 | f033d21c1fb1aaf609153deff35ced7e724e40ea |
| 2013-04-24 | 59 | 0 | Judgment | DEFAULT JUDGMENT - Default Judgment is entered against James Helferich and in favor of Malibu Media, LLC. Signed by Judge Tanya Walton Pratt on 4/24/2013. Copy Mailed.(JD) (Entered: 04/24/2013) | ||
| 2013-04-26 | 60 | 0 | Pretrial Conference - Initial | MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 4/19/2013. The parties discussed in detail a draft scheduling order. By separate Order, the Court will enter the scheduling order. The Court will seek appointment of a MAP counsel to assist Mr. Nurullaeva at the settlement conference. Settlement Conference set for 9/25/2013 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. On or before five (5) business days before the settlement conference, the parties shall submit (not file) a confidential settlement statement. Status Conference set for 5/30/2013 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status and unsealing of documents no longer requiring protection. Parties shall attend the status conference by calling 317-229-3962 (see Entry for additional information) c/m. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 04/26/2013) | ||
| 2013-04-26 | 61 | 0 | Scheduling Order | SCHEDULING ORDER (see Order for established deadlines) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 4/26/2013.(SWM) (Entered: 04/26/2013) | ||
| 2013-05-06 | 62 | 0 | Motion to Appear pro hac vice | MOTION for Attorney Jonathan LA Phillips to Appear pro hac vice (No fee paid with this filing), filed by Defendant JAMES HELFERICH. (Attachments: # 1 Text of Proposed Order)(JD) (Entered: 05/07/2013) | ||
| 2013-05-15 | 63 | 0 | Receipt | RECEIPT #IP035588 for Pro Hac Vice fee in the amount of $30.00, paid by Jonathan LA Phillips. (MSD) (Entered: 05/15/2013) | ||
| 2013-05-16 | 64 | 0 | Scheduling Order | SCHEDULING ORDER: This matter is currently set for a telephonic status conference on Thursday, May 30, 2013 at 4:00 p.m. The court now changes the date and time to Tuesday, May 21, 2013 at 4:20 p.m. All other requirements of the Court's Order dated 4/26/2013 [Dkt. 60] are still in order and effect c/m. Signed by Magistrate Judge Mark J. Dinsmore on 5/16/2013.(SWM) (Entered: 05/16/2013) | ||
| 2013-05-17 | 65 | 0 | Order on Motion to Appear pro hac vice | ORDER granting Johathan LA Phillips' 62 Motion to Appear pro hac vice on behalf of James Helferich c/m. Signed by Magistrate Judge Mark J. Dinsmore on 5/17/2013. (SWM) (Entered: 05/17/2013) | ||
| 2013-05-21 | 66 | 0 | Notice of Appearance | NOTICE of Appearance by Jonathan LA Phillips on behalf of Defendant JAMES HELFERICH. (Phillips, Jonathan) (Entered: 05/21/2013) | ||
| 2013-05-21 | 67 | 0 | Motion to Quash | MOTION to Quash Service of Subpoena, MOTION to Vacate Default & Default Judgment, filed by Defendant JAMES HELFERICH. (Attachments: # 1 Supplement Memorandum in Support of Motion, # 2 Affidavit Declaration of Helferich in Support of Motion)(Phillips, Jonathan) (Entered: 05/21/2013) | ||
| 2013-05-24 | 68 | 0 | Status Conference | MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/24/2013. Default Judgment has been entered against Mr. Helferich and his counsel indicated he intends to file a motion to vacate the judgement, which Plaintiff intends on opposing. Status Conference set for 6/20/2013 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling 317-229- 3964 (see Entry for additional information)c/m. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 05/28/2013) | ||
| 2013-06-04 | 69 | 0 | Response to Motion (Unopposed) | RESPONSE to Motion re 67 MOTION to Quash Service of Subpoena MOTION to Vacate Default & Default Judgment , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A)(Nicoletti, Paul) (Entered: 06/04/2013) | ||
| 2013-06-12 | 70 | 0 | Reply in Support of Motion | REPLY in Support of Motion re 67 MOTION to Quash Service of Subpoena MOTION to Vacate Default & Default Judgment , filed by Defendants JAMES HELFERICH, JAMES HELFERICH. (Phillips, Jonathan) (Entered: 06/12/2013) | ||
| 2013-06-26 | 71 | 0 | Order to Show Cause | ORDER TO SHOW CAUSE: Defendant, Ernest Nurullaeva, shall appear in open Court on Tuesday, July 23, 2013 at 4:40 p.m., in Room 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore to answer why he should not be sanctioned for having failed to appear telephonically for the June 20, 2013 status conference in this matter. Other parties, may, but are not required to attend c/m. Signed by Magistrate Judge Mark J. Dinsmore on 6/26/2013.(SWM) (Entered: 06/26/2013) | ||
| 2013-06-26 | 72 | 0 | Status Conference | MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/20/2013. Pro Se Defendant Ernest Nurullaeva failed to appear. A discussion was held regarding initial disclosures and the status of discovery. Status Conference set for 7/23/2013 04:50 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Defendant Ernest Nurullaeva must personally appear in room 243. Other parties may participate telephonically by calling 317- 229- 3962 c/m. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 06/26/2013) | ||
| 2013-07-03 | 73 | 0 | Stipulation | STIPULATION for Extension of Time for Plaintiff to Respond to Defendant's First Discovery Requests Served May 29, 2013, and for Defendant to Respond to Plaintiff's First Discovery Requests Served May 30, 2013, filed by Plaintiff MALIBU MEDIA, LLC and Defendants JAMES HELFERICH. (Nicoletti, Paul) Added Defendant as a filer on 7/5/2013 (JD). (Entered: 07/03/2013) | 2013-07-12 02:07:19 | 9cedec96b85f7f5f18448d875c3896c56e2f78b6 |
| 2013-07-08 | 74 | 0 | Motion for Extension of Time | Unopposed MOTION for Extension of Time to July 29, 2013 in which to 60 Pretrial Conference - InitialSet Hearings Disclose Expert Witnesses, filed by Defendant JAMES HELFERICH and Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order Proposed)(Phillips, Jonathan) Added Plaintiff as a filer on 7/9/2013 (JD). (Entered: 07/08/2013) | ||
| 2013-07-09 | 75 | 0 | Order on Motion for Extension of Time to File | ORDER granting 74 Stipulation for extension of time. Deft James Helferich shall disclose expert witnesses to the Pltf by 7/29/2013. The Court notes that it acts upon motions, not stipulations. Accordingly, this request will be construed as a motion and the parties should refrain from moving by stipulation in the future, instead acting by joint motion when appropriate c/m. Signed by Magistrate Judge Mark J. Dinsmore on 7/9/3024. (SWM) (Entered: 07/10/2013) | 2013-07-12 02:09:18 | 54071e64a8127c5106c50c5ba712647f4a4a42b8 |
| 2013-07-23 | 76 | 0 | Limited Appointment of Mediation Assistance Program Counsel | LIMITED APPOINTMENT of Mediation Assistance Program Counsel, JAMES DIMOS added c/m. Signed by Magistrate Judge Mark J. Dinsmore on 7/23/2013.(SWM) (Entered: 07/24/2013) | ||
| 2013-07-25 | 77 | 0 | Show Cause Hearing | MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Show Cause Hearing held on 7/23/2013. After discussion with Mr. Nurullaeva, the Court hereby discharges the Order to Show Cause. Order mailed. Signed by Magistrate Judge Mark J. Dinsmore.(NLR) (Entered: 07/25/2013) | 2013-08-13 21:53:55 | 08e026b1f3bcfb4e029b91c9b32f775506fd7894 |
| 2013-07-25 | 78 | 0 | Status Conference | MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 7/23/2013. Plaintiff and Defendant Helferich have served and responded to discovery requests and will work with each other to resolve any issues. Plaintiff has served discovery on Mr. Nurullaeva who has indicated he has not received any discovery requests. Accordingly, the parties are authorized to serve Mr. Nurullaeva via UPS so they will have a record of delivery. Mr. Nurullaeva must respond to any discovery requests within fourteen (14) days from the date the discovery is served upon him. Status Conference set for 8/15/2013 at 02:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status and readiness to proceed with the settlement conference scheduled for 9/25/2013. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. Order mailed.(NLR) (Entered: 07/25/2013) | ||
| 2013-08-02 | 79 | 0 | Notice (Other) | NOTICE of Election of Statutory Damages, filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 08/02/2013) | ||
| 2013-08-12 | 80 | 0 | Motion for Extension of Time | MOTION to - Extend Discovery Deadlines, filed by Defendant JAMES HELFERICH. (Phillips, Jonathan) Modified docket text and removed document link on 8/13/2013 (JD). (Entered: 08/12/2013) | ||
| 2013-08-13 | 81 | 0 | Motion to Strike | MOTION to Strike 79 Notice (Other) of Plaintiff's Election of Statutory Damages, filed by Defendant JAMES HELFERICH. (Phillips, Jonathan) (Entered: 08/13/2013) | 2013-08-13 21:53:12 | f9f18df7dd7ab52713dfb698d7d31d15cd5ccb81 |
| 2013-08-13 | 82 | 0 | Brief/Memorandum in Support of Motion | BRIEF/MEMORANDUM in Support re 81 MOTION to Strike 79 Notice (Other) of Plaintiff's Election of Statutory Damages , filed by Defendant JAMES HELFERICH. (Phillips, Jonathan) (Entered: 08/13/2013) | 2013-08-14 18:16:28 | 2d78f685cf67faa821eaf60ab08ac2e907297547 |
| 2013-08-13 | 83 | 0 | Submission | Submission of Proposed Order , re 80 MOTION for Extension of Time to in which to 61 Scheduling Order - Extend Discovery Deadlines, filed by Defendant JAMES HELFERICH. (Phillips, Jonathan) (Entered: 08/13/2013) | 2013-08-13 21:57:12 | 34df11a91a2221998474f4eabf088e49f4e6ceee |
| 2013-08-16 | 84 | 0 | Motion for Protective Order | Joint MOTION for Protective Order , filed by Plaintiff MALIBU MEDIA, LLC and Defendant JAMES HELFERICH. (Attachments: # 1 Proposed Stipulated Protective Order)(Nicoletti, Paul) Added Defendant as a filer on 8/19/2013 (JD). (Entered: 08/16/2013) | 2013-08-19 15:37:58 | 014f90f359a25c9466babf67a4ed771c6363a931 |
| 84 | 1 | Proposed Stipulated Protective Order | ||||
| 2013-08-19 | 85 | 0 | Motion for Extension of Time | Joint MOTION for Extension of Time to September 30, 2013 to Serve Written Discovery, filed by Defendant JAMES HELFERICH and Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order - Stipulated to By the Parties)(Phillips, Jonathan) Added Plaintiff as a filer on 8/20/2013 (JD). (Entered: 08/19/2013) | ||
| 85 | 1 | Text of Proposed Order - Stipulated to By the Parties | ||||
| 2013-08-20 | 86 | 0 | Status Conference | MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 8/15/2013. Defendant Nurullaeva is ordered to respond to any outstanding discovery requests on or before August 23, 2013. The Court next addressed a discovery dispute regarding Plaintiff's responses to Defendant Helferich's written discovery. Status Conference set for 9/9/2013 at 09:20 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Order mailed. Signed by Magistrate Judge Mark J. Dinsmore.(NLR) (Entered: 08/20/2013) | ||
| 2013-08-20 | 87 | 0 | Order on Motion for Extension of Time to File | ORDER granting in part and denying in part 80 Motion to extend discovery deadlines; granting in part and denying in part 85 Motion for entry of a stipulated order extending discovery. The Scheduling Order [Dkt. 61] in this matter is hereby amended as follows: Discovery due by 11/4/2013 (see Order for other established deadlines) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 8/20/2013.(SWM) (Entered: 08/21/2013) | ||
| 2013-08-21 | 88 | 0 | Protective Order | STIPULATED PROTECTIVE ORDER 84 APPROVED AS AMENDED c/m. Signed by Magistrate Judge Mark J. Dinsmore on 8/21/2013.(SWM) (Entered: 08/21/2013) | ||
| 2013-08-27 | 89 | 0 | Notice (Other) | NOTICE of Voluntary Dismissal Without Prejudice of Defendant James Helferich, filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 08/27/2013) | 2013-08-29 20:54:20 | bfedf1bee176e35183d16b72fa1cca7e30a0003f |
| 2013-09-09 | 90 | 0 | Motion for Sanctions | MOTION for Sanctions , filed by Defendant JAMES HELFERICH. (Phillips, Jonathan) (Entered: 09/09/2013) | 2013-09-09 21:51:40 | da5241938f08aef22174da0bac51ab13f3e5656f |
| 2013-09-09 | 91 | 0 | Brief/Memorandum in Support of Motion | BRIEF/MEMORANDUM in Support re 90 MOTION for Sanctions , filed by Defendant JAMES HELFERICH. (Attachments: # 1 Exhibit A - Discovery Sent Regarding Frivilous Nature of Complaint, # 2 Exhibit B - Email Communication Noting Discovery Dispute, # 3 Exhibit C - Email Communication noting lack of Support for Filing Notice of Election, # 4 Exhibit D - Email Communication refusing to withdraw Notice, # 5 Exhibit E - Prud'Homme Opinion re: Attorney Nicoletti's frivilous filings, # 6 Exhibit F - Ansley Opinion re: Attorney Nicoletti's frivilous filings, # 7 Exhibit G - AIPLA survey)(Phillips, Jonathan) (Entered: 09/09/2013) | 2013-09-09 21:52:42 | 1fc48bd13a1230ad77f35aa58886a939f39e2366 |
| 91 | 1 | Exhibit A - Discovery Sent Regarding Frivilous Nature of Complaint | 2013-09-09 22:01:46 | caa0173b44914f642950aa3b1dbe55fe65fa6ac7 | ||
| 91 | 2 | Exhibit B - Email Communication Noting Discovery Dispute | ||||
| 91 | 3 | Exhibit C - Email Communication noting lack of Support for Filing Notice of Ele | ||||
| 91 | 4 | Exhibit D - Email Communication refusing to withdraw Notice | ||||
| 91 | 5 | Exhibit E - Prud'Homme Opinion re: Attorney Nicoletti's frivilous fil | ||||
| 91 | 6 | Exhibit F - Ansley Opinion re: Attorney Nicoletti's frivilous filings | ||||
| 91 | 7 | Exhibit G - AIPLA survey | ||||
| 2013-09-10 | 92 | 0 | Stipulation of Dismissal | STIPULATION of Dismissal as to Ernest Nurullaeva (Only), filed by Plaintiff MALIBU MEDIA, LLC and Defendant ERNEST NURULLAEVA. (Attachments: # 1 Text of Proposed Order Order of Dismissal)(Nicoletti, Paul) Added Defendant as a filer on 9/11/2013 (JD). (Entered: 09/10/2013) | ||
| 2013-09-10 | 93 | 0 | Status Conference | MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/9/2013. Plaintiff reported that he will be filing a stipulation of dismissal as to Defendant Nurullaeva. Counsel for Defendant Helferich reported that he does not oppose the dismissal of hisclient, but will be moving for sanctions. Signed by Magistrate Judge Mark J. Dinsmore. (order mailed) (NLR) (Entered: 09/10/2013) | ||
| 2013-09-12 | 94 | 0 | Notice (Other) | NOTICE OF JOINDER IN STIPULATION OF DISMISSAL WITH PREJUDICE, filed by Defendant ERNEST NURULLAEVA, re 92 Stipulation of Dismissal. (Dimos, James) (Entered: 09/12/2013) | 2013-09-13 12:33:19 | 9ee355d8fbf91e3bc1337ec9337f610920831da9 |
| 2013-09-12 | 95 | 0 | Motion for Attorney Fees | MOTION for Attorney Fees , filed by Defendant JAMES HELFERICH. (Phillips, Jonathan) (Entered: 09/12/2013) | ||
| 2013-09-12 | 96 | 0 | Brief/Memorandum in Support of Motion | BRIEF/MEMORANDUM in Support re 95 MOTION for Attorney Fees , filed by Defendant JAMES HELFERICH. (Attachments: # 1 Exhibit A - Discovery Responses, # 2 Exhibit B - Discovery Responses, # 3 Exhibit C - Discovery Responses, # 4 Exhibit D - Declaration of Collette Fields)(Phillips, Jonathan) (Entered: 09/12/2013) | 2013-09-13 12:36:08 | e83d65bb308d0355f899d02bdd9cca4479cbe0fe |
| 96 | 1 | Exhibit A - Discovery Responses | ||||
| 96 | 2 | Exhibit B - Discovery Responses | ||||
| 96 | 3 | Exhibit C - Discovery Responses | ||||
| 96 | 4 | Exhibit D - Declaration of Collette Fields | ||||
| 2013-09-13 | 97 | 0 | Order Referring Motion | ORDER REFERRING MOTION - Magistrate Mark J. Dinsmore is hereby designated pursuant to issue a report and recommendation on the Motion for Sanctions filed by Defendant James Helferich at Docket No. 90 . Signed by Judge Tanya Walton Pratt on 9/13/2013. Copy Mailed. (JD) (Entered: 09/13/2013) | ||
| 2013-09-13 | 98 | 0 | Order | MARGINAL NOTATION OF ACKNOWLEDGMENT re 94 Notice of Joinder. Signed by Judge Tanya Walton Pratt on 9/13/2013.(JD) (Entered: 09/13/2013) | 2013-09-14 09:03:59 | befe0ab96681f3b2f059541630df292e88295cad |
| 2013-09-13 | 99 | 0 | Dismissal | ORDER OF DISMISSAL - This cause of action is DISMISSED with prejudice as to ERNEST NURULLAEVA. Signed by Judge Tanya Walton Pratt on 9/13/2013. Copy Mailed. (JD) (Entered: 09/13/2013) | 2013-09-14 09:05:53 | dc08ce001a8f73e8912def9ead8733b45c452c81 |
| 2013-09-19 | 100 | 0 | Terminate Hearings | SCHEDULING ORDER - In light of the dismissal of Defendant Nurullaeva [Dkt. 99 ] and the notice of dismissal of Defendant Helferich [Dkt. 89 ] the Court sua sponte VACATES the settlement confernece scheudled for for September 25,2013 at 9:00 a.m. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2013.(JD) (Entered: 09/19/2013) | ||
| 2013-09-23 | 101 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 90 MOTION for Sanctions , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nicoletti, Paul) (Entered: 09/23/2013) | ||
| 2013-09-24 | 102 | 0 | Order on Motion to Strike | MARGINAL ORDER re 81 Motion to Strike - In light of the Dismissal of Plaintiff's claims against Defendant Helferich, Defendant Helferich's motion is DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 9/24/2013. (JD) (Entered: 09/24/2013) | 2013-09-30 15:39:56 | 89cde87376319efcd8c3acc9f7c5acd5ad3fc620 |
| 2013-09-24 | 103 | 0 | Closed Dismissed | CLOSED DISMISSED This matter comes before the Court on Defendant James Helferich's motion to quash service and to set aside default judgment. [Dkt. 67.] Plaintiff consents to Defendant Helferich's motion to set aside the default judgment. [Dkt. 69.] Accordingly, Defendant Helferich's motion to set aside the default judgment is hereby GRANTED and the default judgment entered against Defendant Helferich on April 24, 2013 is hereby VACATED. In light of the notice of dismissal of Defendant Helferich [Dkt. 89], the remainder of Defendant Helferich's motion is DENIED AS MOOT. Signed by Judge Tanya Walton Pratt on 9/24/2013.(CBU) (Entered: 09/25/2013) | ||
| 2013-09-26 | 104 | 0 | Order | BRIEFING SCHEDULE - Notwithstanding the Court's orders dated September 24, 2013 [Dkt. 102 & 103 ], Defendant James Helferich's Motion to Issue Sanctions [Dkt. 90 ] and Motion for an Order Awarding Costs, Including Attorney's Fees [Dkt. 95 ] remain pending. Plaintiff has responded to the Motion to Issue Sanctions [Dkt. 101 ]; Defendant Helferich shall file any reply in support of the Motion to Issue Sanctions on or before October 4, 2013. With regard to Defendant Helferich's Motion for an Order Awarding Costs, Including Attorney's Fees, Plaintiff shall file any response thereto on or before October 4, 2013 and Defendant Helferich shall file any reply in support of the motion on or before October 15, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2013.(JD) (Entered: 09/26/2013) | ||
| 2013-09-30 | 105 | 0 | Report - Copyright (AO Form 121) | NOTICE of Final Determination in lawsuit sent to Register of Copyrights. (Attachments: # 1 DISMISSAL) (CBU) (Entered: 09/30/2013) | ||
| 105 | 1 | DISMISSAL | ||||
| 2013-10-04 | 106 | 0 | Reply in Support of Motion | REPLY in Support of Motion re 90 MOTION for Sanctions , filed by Defendant JAMES HELFERICH. (Attachments: # 1 Affidavit In Support of Amount of Fees, # 2 Exhibit B - Printout from The Pirate Bay & Kickass Torrents)(Phillips, Jonathan) (Entered: 10/04/2013) | 2013-10-06 01:44:47 | d67003d7e9111b8898a559c7d363c22110eef670 |
| 106 | 1 | Affidavit In Support of Amount of Fees | ||||
| 106 | 2 | Exhibit B - Printout from The Pirate Bay & Kickass Torrents | ||||
| 2013-10-04 | 107 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 95 MOTION for Attorney Fees , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A)(Nicoletti, Paul) (Entered: 10/04/2013) | 2013-10-06 02:33:48 | ef0274cc49a43646438ffb0e63179dd223aa1663 |
| 107 | 1 | Exhibit A | 2013-10-06 02:31:15 | 398f30fef34fddeae526a27461c687e831899c64 | ||
| 2013-10-15 | 108 | 0 | Reply in Support of Motion | REPLY in Support of Motion re 95 MOTION for Attorney Fees , filed by Defendant JAMES HELFERICH. (Attachments: # 1 Affidavit of Attorney Phillips Re: Fee's & Costs)(Phillips, Jonathan) (Entered: 10/15/2013) | 2013-10-15 20:08:07 | d330b3b640aa185b2866ac5bdb5e5c56785b1c14 |
| 2014-01-26 | 109 | 0 | Report and Recommendations | REPORT AND RECOMMENDATIONS re 90 Motion to Issue Sanctions. Signed by Magistrate Judge Mark J. Dinsmore on 1/26/2014. (JD) (Entered: 01/27/2014) | 2014-01-27 16:49:00 | 14afe10fc53139377afaebfe4e4fabe07925e7c1 |
| 2014-01-26 | 110 | 0 | Report and Recommendations | ORDER denying 95 Motion for Order Awarding Costs, Including Attorney's Fees. Signed by Magistrate Judge Mark J. Dinsmore on 1/26/2014. (JD) Modified on 1/31/2014 (JD). (Entered: 01/27/2014) | ||
| 2014-02-21 | 111 | 0 | ORDER ADOPTING 109 REPORT AND RECOMMENDATIONS - The Magistrate Judge submitted his Report and Recommendation on Defendant's Motion to Issue Sanctions [Dkt. 90 ]. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Tanya Walton Pratt on 2/21/2014. (JD) (Entered: 02/21/2014) |