Case details

Court: flmd
Docket #: 2:12-cv-00178
Case Name: Malibu Media, LLC v. John Does 1-35
PACER case #: 269716
Date filed: 2012-03-28
Date of last filing: 2012-05-09
Assigned to: Judge Unassigned Judge
Referred to: Magistrate Judge Douglas N. Frazier
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media, LLC
Plaintiff
Steven E. Eisenberg
Lipscomb, Eisenberg & Baker, PL Penthouse 3800 2 South Biscayne Blvd. Miami, FL 33131 786/431-2228 Fax: 786/431-2229 Email: seisenberg@lebfirm.com
TERMINATED: 04/18/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Keith Lipscomb
Lipscomb, Eisenberg & Baker, PL Penthouse 3800 2 South Biscayne Blvd. Miami, FL 33131 786/431-2228 Fax: 786/431-2229 Email: klipscomb@lebfirm.com
ATTORNEY TO BE NOTICED

John Does 1-35
Defendant
John Doe 04
Defendant
c/o Danny J Simon Lalchandani Simon PL 25 SE 2nd Ave Suite 1050 Miami, FL 33131 3059995291
Daniel Jordan Simon
Lachandani Simon, PL Suite 503 990 Biscayne Blvd Miami, FL 33132 305/999-5291 Fax: 305/671-9282 Email: danny@lslawpl.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 02
Defendant
c/o Danny J Simon Lalchandani Simon PL 25 SE 2nd Avenue Suite 1050 Miami, FL 33131 3059995291
Daniel Jordan Simon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 11
Defendant
William R. Wohlsifer
William R. Wohlsifer, PA Suite B 1100 E Park Ave Tallahassee, FL 32301 850/219-8888 Fax: 866/829-8174 Email: william@wohlsifer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 17
Defendant
c/o Danny J Simon Lalchandani Simon PL 25 SE 2nd Avenue Suite 1050 Miami, FL 33131 3059995291
Daniel Jordan Simon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 21
Defendant
William R. Wohlsifer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe -33
Defendant
Daniel Fisher Tamaroff
Tamaroff & Tamaroff Suite 1633 169 E Flagler St Miami, FL 33131 305-350-7440 Fax: 305-350-7441 Email: dan@tamarofflaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Fisher Tamaroff
Tamaroff & Tamaroff Suite 1633 169 E Flagler St Miami, FL 33131 305-350-7440 Fax: 305-350-7441 Email: david@tamarofflaw.com
ATTORNEY TO BE NOTICED

John Doe 26
Defendant
John Doe 26 - 173.78.43.203
Bradford A. Patrick
Law Offices of Bradford A. Patrick, PA Suite 200 3001 N Rocky Point Dr E Tampa, FL 33607 813/384-8548 Fax: 813/333-7321 Email: bap@baplegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 28
Defendant
c/o Danny J Simon Lalchandani Simon PL 25 SE 2nd Ave Suite 1050 Miami, FL 33131 3059995291
Daniel Jordan Simon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe 16 (72.91.117.82)
Defendant
Cynthia Ariel Conlin
Cynthia Conlin, PA 1643 Hillcrest St Orlando, FL 32803 407-965-5519 Fax: 407-545-4397 Email: cynthiaconlin@cynthiaconlin.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-28 1 0 Complaint COMPLAINT for Copyright Infringement against John Does 1-35 with Jury Demand (Filing fee $ 350 receipt number FTM002668) filed by Malibu Media, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet)(SPB) (Entered: 03/30/2012) 2012-03-31 00:30:24 56cf62ebf1076441b13033c3408778e48c6e1e9b
1 1 Exhibit 2012-03-31 00:54:21 c1623a48edc07e6437e179f7d9d3bf21280b8b33
1 2 Exhibit
1 3 Exhibit
1 4 Exhibit
1 5 Civil Cover Sheet
2012-03-30 2 0 Standing Order re: 25 pages STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 12/7/09. (SPB) (Entered: 03/30/2012)
2012-04-04 3 0 Interested persons order INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 4/18/2012. Signed by All Divisional Judges on 4/4/2012. (BJH) (Entered: 04/04/2012)
2012-04-04 4 0 Related case order and notice of designation of track 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/18/2012. Signed by All Divisional Judges on 4/4/2012. (BJH) (Entered: 04/04/2012)
2012-04-04 5 0 Motion for leave to file document MOTION for leave to file to serve third party subpoenas prior to a rule 26 (f) conference by Malibu Media, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Eisenberg, Steven) (Entered: 04/04/2012)
2012-04-06 6 0 Order on motion for leave to file ORDER granting 5 Motion for Leave to Serve third Party Subpoenas Prior to Rule 26(f) Conference. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 4/6/2012. (brh) (Entered: 04/06/2012)
2012-04-12 7 0 Certificate of interested persons and corporate disclosure statement CERTIFICATE of interested persons and corporate disclosure statement re 3 Interested persons order by Malibu Media, LLC. (Eisenberg, Steven) (Entered: 04/12/2012)
2012-04-17 8 0 Motion to substitute attorney MOTION to substitute attorney by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Eisenberg, Steven) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/17/2012)
2012-04-18 9 0 Order on motion to substitute attorney ENDORSED ORDER granting 8 Stipulated Motion for Substitution of Counsel. Attorney Steven Eisenberg is permitted to withdraw as counsel for the Plaintiff, Malibu Media, LLC and shall have no further responsibility in this case. Attorney Michael Keith Lipscomb is substituted as counsel for Malibu Media, LLC. The Clerk shall add Michael Keith Lipscomb to the docket. Signed by Magistrate Judge Douglas N. Frazier on 4/18/2012. (brh) (Entered: 04/18/2012)
2012-04-19 10 0 Notice of pendency of related cases NOTICE of pendency of related cases re 4 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Malibu Media, LLC. Related case(s): yes (Lipscomb, M.) (Entered: 04/19/2012)
2012-05-08 11 0 Motion to dismiss MOTION to dismiss Complaint, MOTION to quash Subpoena, MOTION to sever, MOTION for protective order by John Doe 04. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Simon, Daniel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/08/2012)
2012-05-08 12 0 Motion to dismiss MOTION to dismiss Complaint, MOTION to sever, MOTION for protective order, MOTION to quash Subpoena by John Doe 02. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Simon, Daniel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/08/2012)
2012-05-09 13 0 Interested persons order INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 5/23/2012, as to John Doe 02 and John Doe 04. Signed by All Divisional Judges on 5/9/2012. (SPB) (Entered: 05/09/2012)
2012-05-11 14 0 MOTION to extend time in which to move to squash or limit subpoena by John Doe. (Attachments: # 1 Mailing Envelope)(SPB) (Entered: 05/15/2012)
2012-05-15 15 0 NOTICE of Special Appearance by William R. Wohlsifer on behalf of John Doe 11 (Wohlsifer, William) (Entered: 05/15/2012)
2012-05-15 16 0 CERTIFICATE of interested persons and corporate disclosure statement re 15 Notice of Appearance, 3 Interested persons order by John Doe 11. (Wohlsifer, William) (Entered: 05/15/2012)
2012-05-17 17 0 CERTIFICATE of interested persons and corporate disclosure statement re 13 Interested persons order by John Doe 02, John Doe 04. (Simon, Daniel) (Entered: 05/17/2012)
2012-05-17 18 0 MOTION to dismiss Complaint, MOTION to quash Subpoena, MOTION for protective order, MOTION to sever by John Doe 17. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Simon, Daniel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/17/2012)
2012-05-21 19 0 MOTION to dismiss Complaint, MOTION for protective order, MOTION to quash Subpoena and Memorandum in Support Thereof by John Doe 11. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wohlsifer, William) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/21/2012)
2012-05-21 20 0 ORDER denying 14 Motion to Extend Time in Which to Move to Squash [sic] or Limit Subpoena. Signed by Magistrate Judge Douglas N. Frazier on 5/21/2012. (brh) (Entered: 05/21/2012)
2012-05-22 21 0 RESPONSE in opposition re 11 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION to sever MOTION for protective order filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 05/22/2012)
2012-05-22 22 0 RESPONSE in opposition re 12 MOTION to dismiss Complaint MOTION to sever MOTION for protective order MOTION to quash Subpoena filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 05/22/2012)
2012-05-22 23 0 RESPONSE in opposition re 18 MOTION to dismiss Complaint MOTION to quash Subpoena MOTION for protective order MOTION to sever filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 05/22/2012)
2012-05-25 24 0 MOTION to dismiss Complaint, MOTION for protective order, MOTION to quash Subpoena and Memorandum in Support Thereof by John Doe 21. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wohlsifer, William) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/25/2012)
24 1 Exhibit
24 2 Exhibit
2012-05-27 25 0 CERTIFICATE of interested persons and corporate disclosure statement re 24 MOTION to dismiss Complaint MOTION for protective order MOTION to quash Subpoena and Memorandum in Support Thereof, 3 Interested persons order by John Doe 21. (Wohlsifer, William) (Entered: 05/27/2012)
2012-05-29 26 0 MOTION to dismiss, MOTION for protective order, MOTION to sever by John Doe -33. (Attachments: # 1 Exhibit A)(Tamaroff, Daniel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/29/2012)
26 1 Exhibit A
2012-05-30 27 0 INTERESTED PERSONS ORDER as to John Doe 33. Certificate of interested persons and corporate disclosure statement due by 6/13/2012. Signed by All Divisional Judges on 5/30/2012. (drn) (Entered: 05/30/2012)
2012-05-30 28 0 MOTION to sever John Does 2-35, MOTION to quash Subpoena directed to Verizon Communications, MOTION for protective order by John Doe 26. (Attachments: # 1 Exhibit Malibu Media litigation nationwide spreadsheet)(Patrick, Bradford) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/30/2012)
2012-05-30 29 0 MOTION to sever, MOTION to dismiss Complaint, MOTION to quash Subpoena, MOTION for protective order by John Doe 28. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Simon, Daniel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/30/2012)
2012-06-04 30 0 MEMORANDUM in opposition re 19 Motion to dismissMotion for protective orderMotion to quash filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A)(Lipscomb, M.) (Entered: 06/04/2012)
2012-06-08 31 0 MEMORANDUM in opposition re 24 Motion to dismissMotion for protective orderMotion to quash filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit A)(Lipscomb, M.) (Entered: 06/08/2012)
2012-06-12 32 0 MEMORANDUM in opposition re 26 Motion to dismissMotion for protective orderMotion to sever filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lipscomb, M.) (Entered: 06/12/2012)
2012-06-13 33 0 MEMORANDUM in opposition re 29 Motion to severMotion to dismissMotion to quashMotion for protective order filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 06/13/2012)
2012-06-13 34 0 NOTICE of pendency of related cases re 4 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by John Doe -33. Related case(s): Yes (Tamaroff, Daniel) (Entered: 06/13/2012)
2012-06-13 35 0 CERTIFICATE of interested persons and corporate disclosure statement re 27 Interested persons order by John Doe -33. (Tamaroff, Daniel) (Entered: 06/13/2012)
2012-06-13 36 0 MEMORANDUM in opposition re 28 Motion to severMotion to quashMotion for protective order filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lipscomb, M.) (Entered: 06/13/2012)
2012-06-18 37 0 INITIAL Copyright Report sent to Washington. (kma) (Entered: 06/18/2012)
2012-06-20 38 0 NOTICE of settlement and voluntary dismissal with prejudice of John Doe 30 only by Malibu Media, LLC (Lipscomb, M.) Modified on 6/21/2012 to edit docket text (drn). (Entered: 06/20/2012)
2012-06-26 39 0 NOTICE of Voluntary Dismissal without prejudice of John Doe 33 only by Malibu Media, LLC (Lipscomb, M.) (Entered: 06/26/2012)
2012-06-28 40 0 ORDER dismissing Defendant John Doe 30 with prejudice; dismissing Defendant John Doe 33 without prejudice; denying as moot 26 Motion to dismiss; denying as moot 26 Motion for protective order; denying as moot 26 Motion to sever filed by Defendant John Doe 33. Signed by Judge Unassigned Judge on 6/28/2012. (BRS) (Entered: 06/28/2012)
2012-07-25 41 0 NOTICE of Voluntary Dismissal Without Prejudice of John Does 22, 23, 24, 25, 27, 27, 29, 32, 34 & 35, by Malibu Media, LLC (Lipscomb, M.) (Entered: 07/25/2012)
2012-07-26 42 0 First MOTION for miscellaneous relief, specifically for Extension of Time Within Which to Effectuate Service on Doe Defendants by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 07/26/2012)
2012-07-27 43 0 ORDER dismissing Defendants John Does 22, 23, 24, 25, 27, 29, 32, 34, and 35 only without prejudice re 41 Notice of Voluntary Dismissal filed by Malibu Media, LLC Signed by Judge John Antoon II on 7/27/2012. (BRS) (Entered: 07/27/2012)
2012-07-27 44 0 ORDER granting 42 Motion for Extension of Time Within Which It has to Effectuate Service on Doe Defendants. The Plaintiff shall serve the Defendants within 30 days from the date the Defendants' pending motions are resolved. Signed by Magistrate Judge Douglas N. Frazier on 7/27/2012. (brh) (Entered: 07/27/2012)
2012-08-13 45 0 NOTICE by John Doe 16 (72.91.117.82) OF FILING MOTION TO TRANSFER (Attachments: # 1 Exhibit List of Malibu Media, LLC cases in Florida, # 2 Exhibit Malibu Media Docket from SDFLA)(Conlin, Cynthia) (Entered: 08/13/2012)
2012-08-15 46 0 REPORT AND RECOMMENDATION recommending the following: 11 John Doe #4's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena be denied; 12 John Doe #2's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena be denied; 18 John Doe #17's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena be denied; 19 John Doe #11's Motion to Quash Subpoena, or in the Alternative, Motion for Protective Order, Motion to Dismiss or Sever Defendants for Improper Joinder, Motion to Dismiss for Failing to State a Cause of Action; Non-Cumulative Joint and Several Liability; Mixed Law and Equity be denied; 24 John Doe #21's Motion to Quash Subpoena, or in the Alternative, Motion for Protective Order, Motion to Dismiss or Sever Defendants for Improper Joinder, Motion to Dismiss for Failing to State a Cause of Action; Non-Cumulative Joint and Several Liability; Mixed Law and Equity be denied; 28 John Doe #26's Motion to Sever, Dismiss, or Issue Protective Order be denied; and 29 John Doe #28's Motion to Dismiss/Sever and for a Protective Order and/or to Quash Subpoena be denied. Signed by Magistrate Judge Douglas N. Frazier on 8/15/2012. (brh) (Entered: 08/15/2012) 2013-01-29 11:00:05 1f03ef2bceadcf3fda69e71c02db4068bfde3a1e
2012-08-27 47 0 OBJECTION to 46 Report and Recommendations by John Doe 11. (Wohlsifer, William) (Entered: 08/27/2012)
2012-08-27 48 0 OBJECTION to 46 Report and Recommendations by John Doe 21. (Wohlsifer, William) (Entered: 08/27/2012)
2012-08-28 49 0 OBJECTION re 45 Notice (Other) by Malibu Media, LLC by Malibu Media, LLC. (Lipscomb, M.) (Entered: 08/28/2012)
2012-08-29 50 0 OBJECTION to 46 Report and Recommendations filed by John Doe 02, John Doe 04, John Doe 28. (Attachments: # 1 Exhibit A - Opinion, # 2 Exhibit B - Opinion, # 3 Exhibit C - Opinion, # 4 Exhibit D - Opinion)(Simon, Daniel) (Entered: 08/29/2012)
2012-08-29 51 0 OBJECTION to 46 Report and Recommendations (Amended) by John Doe 21. (Wohlsifer, William) (Entered: 08/29/2012)
2012-09-04 52 0 NOTICE by Malibu Media, LLC re 49 Objection of Withdrawal of Objection to Doe 16's Notice of Filing Motion to Transfer (Lipscomb, M.) (Entered: 09/04/2012)
2012-09-04 53 0 NOTICE by Malibu Media, LLC re 45 Notice (Other) of Filing Response to Doe 16's Notice of Filing Motion to Transfer (Lipscomb, M.) (Entered: 09/04/2012)
2012-09-10 54 0 RESPONSE re 47 Objection to Report and Recommendations filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 09/10/2012)
2012-09-12 55 0 RESPONSE re 50 Objection to Report and Recommendations filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 09/12/2012)
2012-09-12 56 0 RESPONSE re 51 Objection to Report and Recommendations filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 09/12/2012)
2012-10-02 57 0 ORDER adopting 46 REPORT AND RECOMMENDATION; denying 11 12 18 19 24 28 and 29 Motions to Dismiss/Sever, for Protective Order, and to Quash Subpoena; requiring Plaintiff to notify each Doe Defendant of its intent to name and serve the Doe Defendant at least fourteen (14) days prior to seeking issuance of a summons from the Clerk for the identified Doe Defendant. Signed by Judge John Antoon II on 10/2/2012. (BRS) (Entered: 10/02/2012) 2012-10-03 08:02:45 99bf0ca7bf0cde9c4de249e508a6e888b0436326
2012-10-22 58 0 MOTION to dismiss Party, Doe 11 by John Doe 11. (Wohlsifer, William) (Entered: 10/22/2012)
2012-10-23 59 0 NOTICE of Settlement and Voluntary Dismissal With Prejudice of John Doe 21 Only, by Malibu Media, LLC (Lipscomb, M.) (Entered: 10/23/2012)
2012-11-05 60 0 MEMORANDUM in opposition re 58 Motion to dismiss filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 11/05/2012)
2012-11-16 61 0 ORDER dismissing Defendant John Doe 21 only with prejudice re 59 Notice of Settlement and Voluntary Dismissal with Prejudice. Signed by Judge John Antoon II on 11/16/2012. (BRS) (Entered: 11/16/2012)
2012-12-29 62 0 MOTION to dismiss Party, Doe 11, and Alternative Motion to Dismiss Action, without prejudice by John Doe 11. (Wohlsifer, William) (Entered: 12/29/2012)
2013-01-14 63 0 NOTICE of Voluntary Dismissal Without Prejudice of John Does 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 26, 28 & 31, by Malibu Media, LLC (Lipscomb, M.) (Entered: 01/14/2013)