Case details

Court: insd
Docket #: 1:12-cv-01115
Case Name: MALIBU MEDIA, LLC v. JOHN DOES 1-9
PACER case #: 41742
Date filed: 2012-08-14
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

Parties

Represented Party Attorney & Contact Info
MALIBU MEDIA, LLC
Plaintiff
Paul J. Nicoletti
NICOLETTI & ASSOCIATES, P.C. 36880 Woodward Ave. Suite 100 Bloomfield Hills, MI 48304 248-203-7800 Fax: 248-203-7801 Email: paul@nicoletti-associates.com
ATTORNEY TO BE NOTICED

JOHN DOES 1-9
Defendant
KEVIN ETTER
Defendant
NICHOLAS SHELTON
Defendant
AARON REYES
Defendant
HO YEUNG
Defendant
DAVID WYATT
Defendant
Paul B. Overhauser
OVERHAUSER LAW OFFICES, LLC 740 West Green Meadows Drive Suite 300 Greenfield, IN 46140 (317) 891-1500 Fax: (866) 283-8549 Email: poverhauser@overhauser.com
ATTORNEY TO BE NOTICED

LEAH JUSTICE
Defendant
JOHN DOE #2
Defendant
JOHN DOE #3
Defendant
JOHN DOE #5
Defendant
LUCILLE PHILLIPS
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-14 1 0 Complaint COMPLAINT against JOHN DOES 1-9 filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-list of Does, # 2 Exhibit B-registrations, # 3 Exhibit C-dates including infringements, # 4 Exhibit D-BitTorrent vocabulary list, # 5 Civil Cover Sheet, # 6 Receipt No. IP031268 for filing fee ($350.00))(DJH) (Entered: 08/16/2012)
2012-08-14 2 0 Notice of Appearance NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff, MALIBU MEDIA, LLC. (DJH) (Entered: 08/16/2012)
2012-08-14 3 0 Corporate Disclosure Statement Corporate Disclosure Statement by MALIBU MEDIA, LLC. (DJH) (Entered: 08/16/2012)
2012-08-14 4 0 Motion (Other) MOTION For Leave to Serve Third Party Subpoenas filed by Plaintiff, MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(DJH) (Entered: 08/16/2012)
2012-08-14 5 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 4 MOTION filed by Plaintiff, MALIBU MEDIA, LLC. (Attachments: # 1 Declaration of Tobias Fisher)(DJH) (Entered: 08/16/2012)
5 1 Declaration of Tobias Fisher
2012-08-16 6 0 Magistrate Judge's Notice of Availability to Exercise Jurisdiction MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 08/16/2012)
2012-08-15 7 0 Submission of Signature Requirement Submission of Signature Requirement re 2 Notice of Appearance by MALIBU MEDIA, LLC. (MSD) (Entered: 08/17/2012)
2012-08-15 8 0 Submission of Signature Requirement Submission of Signature Requirement re 3 Corporate Disclosure Statement by MALIBU MEDIA, LLC. (MSD) (Entered: 08/17/2012)
2012-08-15 9 0 Submission of Signature Requirement Submission of Signature Requirement re 4 MOTION for Leave to Serve Third Party Subpoenas by MALIBU MEDIA, LLC. (MSD) (Entered: 08/17/2012)
2012-08-15 10 0 Submission of Signature Requirement Submission of Signature Requirement re 5 Brief/Memorandum in Support of Motion by MALIBU MEDIA, LLC. (MSD) (Additional attachment(s) added on 8/17/2012: # 1 Declaration of Tobias Fieser) (MSD). (Entered: 08/17/2012)
2012-08-20 11 0 Report - Copyright (AO Form 121) NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # 1 Complaint and Exhibits) (JD) (Entered: 08/20/2012)
2012-08-21 12 0 Motion (Other) MOTION for Leave to Serve Third Party Subpoenas Prior to 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: 08/21/2012)
12 1 Memorandum of Law
12 2 Declaration of Tobias Fieser
12 3 Text of Proposed Order
2012-08-21 13 0 Notice (Other) NOTICE that Plaintiff Filed a Corrected Motion for Leave to Serve Third Party Subpoenas, filed by Plaintiff MALIBU MEDIA, LLC, re 12 MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference. (Nicoletti, Paul) (Entered: 08/21/2012)
2012-08-24 14 0 Order on Motion ORDER granting in part and denying in part 12 Motion to conduct discovery in advance of a Rule 26(f) conference1 through the service of non-party subpoenas on Internet Service Providers to learn the identities of the persons--now named as Defendants John Does 1-9. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 8/24/2012. (TMA) (Entered: 08/24/2012) 2012-09-06 15:01:03 e2cf9e4ff39ca8e333bbe6bb3f193bb4ebd0408d
2012-08-28 15 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 4 MOTION TO ISSUE SUBPOENA PRIOR TO RULE 26(f) CONFERENCE, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit A, # 3 Exhibit B)(Nicoletti, Paul) (Entered: 08/28/2012)
15 1 Exhibit Declaration
15 2 Exhibit A
15 3 Exhibit B
2012-09-18 16 0 Reassignment Order ORDER REASSIGNING CASE. Clerk is directed to reassign case to Magistrate Judge Mark J. Dinsmore. Signed by Judge Richard L. Young on 9/18/2012.(PG) (Entered: 09/18/2012)
2012-09-18 17 0 Reassignment Letter (Recusal/Related Case/Workload/Other) NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Debra McVicker Lynch no longer assigned to the case. Please include the new case number, 1:12-cv-01115-TWP-MJD, on all future filings in this matter. (AAM) (Entered: 09/18/2012)
2012-09-19 18 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)
2012-09-19 19 0 Scheduling Order SCHEDULING ORDER: The Court has become aware of several court opinions from across the country that have raised concerns regarding potentially inappropriate procedures being utilized by plaintiffs in cases similar to the instant case to extract settlements from putative defendants without any intention by the Plaintiff of ever actually litigating the case on its merits. While the Court does not assume that Plaintiff or its counsel have engaged in any improper conduct, the Court will impose the following procedures in this matter to ensure the prompt identification and service of the putative Defendants in this matter (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
2012-09-21 20 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 19 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
2012-09-26 21 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. 19] Pursuant to Docket 19, 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 Ex Parte 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)
2012-10-18 23 0 Amended Complaint AMENDED COMPLAINT against KEVIN ETTER, NICHOLAS SHELTON, AARON REYES, HO YEUNG, DAVID WYATT, LEAH JUSTICE, 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: 10/18/2012)
23 1 Exhibit A - IP Address List
23 2 Exhibit B - Copyright Website Screen Shots
23 3 Exhibit C - Title List 2013-01-21 17:34:05 c95d46971656adaec2216bec4c32557344e02fb4
23 4 Exhibit D - BitTorrent Vocabulary
2012-10-25 24 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to AARON REYES. (Nicoletti, Paul) (Entered: 10/25/2012)
2012-10-25 25 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to HO YEUNG. (Nicoletti, Paul) (Entered: 10/25/2012)
2012-10-25 26 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to KEVIN ETTER. (Nicoletti, Paul) (Entered: 10/25/2012)
2012-10-25 27 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to LEAH JUSTICE. (Nicoletti, Paul) (Entered: 10/25/2012)
2012-10-25 28 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to NICHOLAS SHELTON. (Nicoletti, Paul) (Entered: 10/25/2012)
2012-10-25 29 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to DAVID WYATT. (Nicoletti, Paul) (Entered: 10/25/2012)
2012-10-26 30 0 Summons Issued Summons Issued as to KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG. (JD) (Entered: 10/26/2012) 2012-11-21 14:30:46 c96c561b6a35530c9480635a46d5301db9f43876
2012-11-07 32 0 Amended Complaint SECOND AMENDED COMPLAINT against JOHN DOE #2, JOHN DOE #3, JOHN DOE #5, KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG, LUCILLE PHILLIPS, 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) Modified docket texton 11/8/2012 (JD). (Entered: 11/07/2012) 2012-11-08 13:24:42 03948826f7754585d1a8319e6a70c0f676e775ad
32 1 Exhibit A - IP Address List
32 2 Exhibit B - Copyright Website Screen Shots
32 3 Exhibit C - Title List
32 4 Exhibit D - BitTorrent Vocabulary
2012-11-07 33 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to LUCILLE PHILLIPS. (Nicoletti, Paul) (Entered: 11/07/2012) 2012-11-11 00:12:08 78f69aed48ba2feba0e377d26596d6a40fd0403b
2012-11-08 34 0 Summons Issued Summons Issued as to LUCILLE PHILLIPS. (JD) (Entered: 11/08/2012) 2012-11-11 00:15:17 f4ac022302e0a6049c03f96705e501d76ee8c187
2012-11-29 35 0 Scheduling Order SCHEDULING ORDER: The Court, sua sponte, amends paragraphs 2 and 3 of its September 19, 2012 Scheduling Order 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 Scheduling Order to file with the Court copies of any such correspondence with such named Defendant(s). Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2012.(SWM) (Entered: 11/29/2012)
2012-12-06 36 0 Notice of Appearance NOTICE of Appearance by Paul B. Overhauser on behalf of Defendant DAVID WYATT. (Overhauser, Paul) (Entered: 12/06/2012)
2012-12-06 37 0 NOTICE of Parties' First Extension of Time NOTICE of Parties' First Extension of Time, filed by Defendant DAVID WYATT. (Overhauser, Paul) (Entered: 12/06/2012)
2012-12-31 38 0 Unopposed MOTION for Extension of Time to February 9, 2013 to File an Answer to the Complaint, filed by Defendant DAVID WYATT. (Attachments: # 1 Text of Proposed Order)(Overhauser, Paul) (Entered: 12/31/2012)
38 1 Text of Proposed Order
2013-01-02 39 0 ORDER granting Deft David Wyatt's 38 Motion for Extension of Time to File response to complaint to 2/9/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2013. (SWM) (Entered: 01/02/2013)
2013-01-18 40 0 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. DAVID WYATT served on 11/27/2012. (Nicoletti, Paul) (Entered: 01/18/2013)
2013-01-18 41 0 Summons Returned Unexecuted by MALIBU MEDIA, LLC as to LEAH JUSTICE. (Nicoletti, Paul) (Entered: 01/18/2013)
2013-01-18 42 0 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. NICHOLAS SHELTON served on 1/3/2013. (Nicoletti, Paul) (Entered: 01/18/2013)