| Court: | cacd |
| Docket #: | 2:12-cv-01647 |
| Case Name: | Malibu Media LLC v. John Does |
| PACER case #: | 525338 |
| Date filed: | 2012-02-27 |
| Date of last filing: | 2012-10-23 |
| 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 |
Adam Michael Silverstein Leemore Kushner |
| John Does Defendant 1-10 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-02-27 | 1 | 0 | Complaint - (Discovery) | COMPLAINT against Defendant John Does 1-10. Case assigned to Judge John A Kronstadt for all further proceedings. Discovery referred to Magistrate Judge John E. McDermott.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. [Summons not issued on 2/27/2012.] (et) (mg). (Main Document 1 replaced on 5/25/2012) (mg). (Additional attachment(s) added on 5/25/2012: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 2 | 0 | Certificate/Notice of Interested Parties | NOTICE OF FILING RULE 7.1 DISCLOSURE STATEMENT AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 3 | 0 | Notice To Counsel Re: Copyright/Patent/Trademark (CV-31) | NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (Attachments: # 1 Form AO-121) (et) (Entered: 02/28/2012) | ||
| 2012-02-27 | 4 | 0 | Notice to Parties of Court-Directed ADR Program (ADR-8) | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 02/28/2012) | ||
| 2012-02-27 | 5 | 0 | Motion for Leave | PLAINTIFFS MOTION for Leave to serve Third Party Subpoenas prior to a Rule 26 (f) conference and incorporated memorandum of law filed by Plaintiff Malibu Media LLC. Motion set for hearing on 5/7/2012 at 08:30 AM before Judge John A Kronstadt. Lodged Proposed Order. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 6 | 0 | Declaration (Motion related) | DECLARATION of TOBIAS FIESER in Support of PLAINTIFFS MOTION for Leave to serve Third Party Subpoenas prior to a Rule 26 (f) conference 5 filed by Plaintiff Malibu Media LLC. (et) (Additional attachment(s) added on 4/17/2012: # 1 Part 2) (mg). (Entered: 02/28/2012) | ||
| 2012-02-27 | 7 | 0 | Declaration (Motion related) | DECLARATION of ADAM M. SILVERSTEIN in Support of PLAINTIFFS MOTION for Leave to take discovery prior to a Rule 26 (f) conference 5 filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 02/28/2012) | ||
| 2012-03-02 | 8 | 0 | E-mail/Telephone Notification Re Local Rule 3-2 | CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 3/2/12 addressed to adam@cavalluzzi.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for further proceedings. (mg) (Entered: 03/02/2012) | ||
| 2012-03-08 | 9 | 0 | Minutes of In Chambers Order/Directive - Local Rule 3-2 compliance | MINUTES (IN CHAMBERS) ORDER TO COMPLY WITH LOCAL RULE 3-2 held before Judge Audrey B. Collins: PLAINTIFF is reminded that all manually filed civil initiating documents shall be e-mailed to the Court within 24 hours of their filing with the Court in PDF format only. PLAINTIFF is hereby ordered to e-mail PDF copies of the COMPLAINT, NOTICE OF ASSIGNMENT, SUMMONS, CIVIL COVER SHEET; NOTICE OF FILING 7.1 DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES; MOTION FOR LEAVE; DECLARATION OF ADAM M. SILVERSTEIN; AND DECLARATION OF TOBIAS FIESER to the Civil Intake e-mail address for the appropriate Court Division within 24 hours of the issuance of this order. Failure to do so will result in a hearing before this Court and imposition of sanctions pursuant to Local Rule 83-7(a). (mg) (Entered: 03/08/2012) | ||
| 2012-03-08 | 10 | 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. (Attachments: # 1 Exhibit)(Cavalluzzi, Maria) (Entered: 03/08/2012) | ||
| 2012-03-12 | 11 | 0 | Order on Motion for Leave | ORDER by Judge John A Kronstadt GRANTING Motion for Leave to serve Third Party Subpoenas prior to a Rule 26 (f) conference 5 . (jp) (Entered: 03/12/2012) | ||
| 2012-05-16 | 12 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John A Kronstadt ORDERING Motion to Quash Subpoena and Memorandum of Authorities submitted by Defendant John Does received on 5/4/2012 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (vdr) (Entered: 05/16/2012) | ||
| 2012-05-04 | 13 | 0 | Motion to Quash | MOTION to Quash Subpoena and Memorandum of Authorities filed by Defendant John Does. Motion set for hearing on 6/4/2012 at 08:30 AM before Judge John A Kronstadt.Lodged Proposed Order. (Attachments: # 1 Proposed Order)(vdr) (Entered: 05/16/2012) | ||
| 2012-05-17 | 14 | 0 | Notice of Appearance | NOTICE of Appearance filed by attorney Leemore Kushner on behalf of Plaintiff Malibu Media LLC (Kushner, Leemore) (Entered: 05/17/2012) | ||
| 2012-05-18 | 15 | 0 | Declaration (non-motion) | DECLARATION of Leemore Kushner re Compliance With Court's May 17, 2012 Order to Provide Notice of Doe No. 7's Motion to Quash filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Exhibit A)(Kushner, Leemore) (Entered: 05/18/2012) | ||
| 2012-05-23 | 16 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS re ORDER TO SHOW CAUSE RE FAILURE TO COMPLY WITH LOCAL RULE 3-2 AND SCHEDULING ORDER TO SHOW CAUSE HEARING BEFORE THE CHIEF JUDGE by Judge Audrey B. Collins: IT IS HEREBY ORDERED that counsel appear in person before Chief Judge AUDREY B. COLLINS, on June 11, 2012, at 10:00 a.m., Courtroom 680, Roybal Federal Building and United States Courthouse, 255 East Temple Street, Los Angeles, California, to show cause why monetary sanctions should not be imposed against counsel pursuant to Local Rule 83-7(a), for failure to comply with Local Rule 3-2. A written response to this Order to Show Cause shall be filed no later than June 4, 2012. Failure to do so will result in the matter being submitted to the Court without hearing and be deemed consent to the imposition of sanctions. (see document for further details) (bm) (Entered: 05/23/2012) | ||
| 2012-05-23 | 17 | 0 | MEMORANDUM in Opposition to Motion | MEMORANDUM in Opposition to MOTION to Quash Subpoena 13 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 05/23/2012) | ||
| 2012-05-24 | 18 | 0 | Declaration (non-motion) | DECLARATION of ADAM M. SILVERSTEIN re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,, 16 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cavalluzzi, Maria) (Entered: 05/24/2012) | ||
| 2012-05-25 | 19 | 0 | PDF Document(s) Received Re Local Rule 3-2 | PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 5/24/12: Notice of Assignment, Civil Cover Sheet. (mg) (Entered: 05/25/2012) | ||
| 2012-05-25 | 20 | 0 | PDF Document(s) Attached Re Local Rule 3-2 | PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 5/25/12: Notice of Assignment, Civil Cover Sheet. (mg) (Entered: 05/25/2012) | ||
| 2012-05-30 | 21 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER (IN CHAMBERS) DISCHARGE OF ORDER TO SHOW CAUSE RE FAILURE TO COMPLY WITH LOCAL RULE 3-2, AND VACATING HEARING ON ORDER TO SHOW CAUSE BEFORE CHIEF JUDGE: by Chief Judge Audrey B. Collins: On May 23, 2012, this Court issued an Order to Show Cause why monetary sanctions should not be imposed against counsel pursuant to Local Rule 83-7(a), for failure to comply with Local Rule 3-2. On May 25, 2012, counsel submitted the electronic form (PDF format) of the manually filed civil initiating documents. The Court now orders the Order to Show Cause discharged, and vacates the Order to Show Cause hearing scheduled before the Chief Judge on June 11, 2012, at 10:00 am. The Clerk shall serve this Minute Order on all counsel in this action. re: Minutes of In Chambers Order, 16 , PDF Document(s) Received Re Local Rule 3-2 19 , PDF Document(s) Attached Re Local Rule 3-2 20 . (lw) (Entered: 05/30/2012) | ||
| 2012-06-04 | 22 | 0 | Order on Motion to Quash | MINUTES OF DOE 7'S MOTION 13 TO QUASH SUBPOENA held before Judge John A Kronstadt. The Court DENIES the motion to quash.Court Reporter: Alex Joko. (vdr) (Entered: 06/08/2012) | ||
| 2012-06-15 | 23 | 0 | Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) | NOTICE OF DISMISSAL filed by Plaintiff Malibu Media LLC pursuant to FRCP 41a(1) as to John Doe No 2 Only as to John Does. (Kushner, Leemore) (Entered: 06/15/2012) | ||
| 2012-06-19 | 24 | 0 | Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) | NOTICE OF DISMISSAL filed by Plaintiff Malibu Media LLC pursuant to FRCP 41a(1) as to John Doe 4 Only as to John Does. (Kushner, Leemore) (Entered: 06/19/2012) | ||
| 2012-07-05 | 25 | 0 | Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) | NOTICE OF DISMISSAL filed by Plaintiff Malibu Media LLC pursuant to FRCP 41a(1) as to John Doe 1, Only as to John Does. (Kushner, Leemore) (Entered: 07/05/2012) | ||
| 2012-07-09 | 26 | 0 | Transferring Case purs GO 08-05 (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 Judge John A Kronstadt and Magistrate Judge John E. McDermott 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 12-01647 RGK(SSx).Signed by Judge R. Gary Klausner (rn) (Main Document 26 replaced on 7/10/2012) (rn). (Entered: 07/09/2012) | ||
| 2012-07-10 | 27 | 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 07:25:17 | a091c3c44af9bdb1723f968fc81ce4cc33c9eafe |
| 2012-07-24 | 28 | 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 | 29 | 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 27 . (vdr) (Entered: 07/31/2012) | ||
| 2012-08-15 | 30 | 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) | 2012-08-17 14:15:52 | 002a9a40531400f0398efe1fbda31c45d26f9d9c |
| 30 | 1 | Proposed Order | ||||
| 2012-09-12 | 31 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re Plaintiff's Second Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference 30 . The above-referenced motion, noticed for hearing on September 17, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) Modified on 9/13/2012 (rne). (Entered: 09/13/2012) | ||
| 2012-10-10 | 32 | 0 | Order on Motion for Leave | MINUTE ORDER IN CHAMBERS RE: PLAINTIFF'S RENEWED MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE AND DEFENDANT JOHN DOE NO. 5 MOTION TO SEVER by Judge R. Gary Klausner. The motion for leave 30 is denied. (vdr) (Entered: 10/10/2012) | ||
| 2012-10-22 | 33 | 0 | Notice of Appeal to 9th Circuit Court of Appeals | NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Malibu Media LLC. Appeal of Order on Motion for Leave 32 (Appeal fee of $455 receipt number 0973-11140279 paid.) (Kushner, Leemore) (Entered: 10/22/2012) | 2012-10-26 18:18:25 | 26538b6bc16655f5418a2b3c897a9ade541e7ac7 |
| 2012-10-23 | 34 | 0 | 9th CCA Assigned Case Number Notice | NOTIFICATION by Circuit Court of Appellate Docket Number 12-56939 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 33 as to Plaintiff Malibu Media LLC. (dmap) (Entered: 10/23/2012) | ||
| 2012-12-13 | 35 | 0 | ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 33 filed by Malibu Media LLC CCA # 12-56939. This appeal is dismissed for lack of jurisdiction. Order received in this district on 12/13/2012. (dmap) (Entered: 12/13/2012) | |||
| 2013-01-18 | 37 | 0 | 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) | 2013-01-18 07:14:27 | f3f0af8f8203c93caf08cd0c693e890b81a5cf03 |