Case details

Court: insd
Docket #: 1:12-cv-01116
Case Name: MALIBU MEDIA, LLC v. JOHN DOES 1-9
PACER case #: 41753
Date filed: 2012-08-14
Assigned to: Judge Richard L. Young
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
JOHN DOE 1
Defendant
MEGAN RUMPKE
Defendant
ZHIWEI XIAO
Defendant
JOHN MUTZ
Defendant
Alastair J. Warr
KRIEG DEVAULT LLP One Indiana Square Suite 2800 Indianapolis, IN 46204 (317) 636-4341 Fax: (317) 636-1507 Email: awarr@kdlegal.com
ATTORNEY TO BE NOTICED

C. Joseph Russell
KRIEG DEVAULT LLP One Indiana Square Suite 2800 Indianapolis, IN 46204 (317)636-4341 Fax: (317) 636-1507 Email: crussell@kdlegal.com
ATTORNEY TO BE NOTICED

Lauren C. Violi
KRIEG DEVAULT LLP One Indiana Square Suite 2800 Indianapolis, IN 46204 317-238-6317 Fax: 317-636-1507 Email: lvioli@kdlegal.com
ATTORNEY TO BE NOTICED

TIM DODD
Defendant
NICK WHETSEL
Defendant
HAISHAN WANG
Defendant
David Scott Klinestiver
LEWIS & KAPPES One American Square Suite 2500 Indianapolis, IN 46282 (317) 639-1210 Fax: (317) 639-4882 Email: dklinestiver@lewis-kappes.com
ATTORNEY TO BE NOTICED

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 1-9, # 2 Exhibit B-registration, # 3 Exhibit C-BitTorrent vocabulary list, # 4 Civil Cover Sheet, # 5 Receipt No. IP031269 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. (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)
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 1 Complaint by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A-list of Does 1-9, # 2 Exhibit B-registration, # 3 Exhibit C-BitTorrent vocabulary list)(DJH) (Entered: 08/17/2012)
2012-08-15 8 0 Submission of Signature Requirement Submission of Signature Requirement re 2 Notice of Appearance by MALIBU MEDIA, LLC. (DJH) (Entered: 08/17/2012)
2012-08-15 9 0 Submission of Signature Requirement Submission of Signature Requirement re 3 Corporate Disclosure Statement by MALIBU MEDIA, LLC. (DJH) (Entered: 08/17/2012)
2012-08-15 10 0 Submission of Signature Requirement Submission of Signature Requirement re 4 MOTION by MALIBU MEDIA, LLC. (DJH) (Entered: 08/17/2012)
2012-08-15 11 0 Submission of Signature Requirement Submission of Signature Requirement re 5 Brief/Memorandum in Support of Motion by MALIBU MEDIA, LLC. (Attachments: # 1 Declaration of Tobias Fieser)(DJH) (Entered: 08/17/2012)
2012-08-21 12 0 Motion (Other) CORRECTED 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) Modified on 8/23/2012 (PG). (Entered: 08/21/2012)
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) 2012-08-28 14:31:37 9a3d6cca84ccb688ff9cf7320010ae53e3555bc1
2012-09-12 14 0 Order on Motion ORDER denying as moot Pltf's 4 Motion for leave to conduct discovery; granting in part and denying in part Pltf's 12 Corrected Motion for leave to conduct discovery (see Order for details). Signed by Magistrate Judge Tim A. Baker on 9/12/2012. (SWM) (Entered: 09/13/2012)
2012-09-18 15 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 16 0 Reassignment Letter (Recusal/Related Case/Workload/Other) NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number, 1:12-cv-01116-RLY-MJD, on all future filings in this matter. (AAM) (Entered: 09/18/2012)
2012-09-19 17 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 theconference by calling 317-229-3964. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
2012-09-19 18 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). Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM) (Entered: 09/19/2012)
2012-09-21 19 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re 18 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
2012-09-24 20 0 SEALED Document SEALED Notice of Filing Signed Subpoena Issued to Comcast Corporation, re 18 Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/24/2012)
2012-09-26 21 0 Status Conference MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/26/2012. A discussion was held regarding the Court's Order dated 9/19/12. [Dkt. 18] Pursuant to Docket 18, 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)
2012-11-09 25 0 Amended Complaint AMENDED COMPLAINT MALIBU MEDIA, LLC against JOHN DOE 1, MEGAN RUMPKE, ZHIWEI XIAO, JOHN MUTZ, TIM DODD, JENNIFER FOREMAN, NICK WHETSEL, HAISHAN WANG, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Summons)(Nicoletti, Paul) (Entered: 11/09/2012)
25 1 Exhibit A
25 2 Exhibit B 2013-01-22 06:26:14 3cea8c491695c1940aa9b502a8b38d0b965aca63
25 3 Exhibit C 2013-01-22 06:27:24 3b770f8b6449ece50ee57ce1c0d1310297a4119e
25 4 Proposed Summons
2012-11-12 26 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to TIM DODD, JENNIFER FOREMAN, JOHN MUTZ, MEGAN RUMPKE, HAISHAN WANG, NICK WHETSEL, ZHIWEI XIAO. (Nicoletti, Paul) (Entered: 11/12/2012)
2012-11-13 27 0 Summons Issued Summons Issued as to All Defendants. (PG) (Entered: 11/13/2012)
2012-11-29 28 0 Settlement Conference MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 11/28/2012. The Plaintiff and John Doe 1 appeared by counsel. The parties discussed issues relating to settlement. Accordingly, the Court will grant, by separate order, relief from the Court's no contact order to allow these parties to continue their settlement discussions directly. Upon oral motion of the Plaintiff, the Court will enlarge the time period within which the Plaintiff must move to name John Doe No. 1 to and including December 31, 2012. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 11/29/2012)
2012-11-29 29 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)
2012-12-10 31 0 NOTICE of Appearance by David Scott Klinestiver on behalf of Defendant HAISHAN WANG. (Klinestiver, David) (Entered: 12/10/2012)
2012-12-10 32 0 NOTICE of Parties' First Extension of Time, filed by Defendant HAISHAN WANG. (Klinestiver, David) (Entered: 12/10/2012)
2012-12-11 33 0 NOTICE of Appearance by C. Joseph Russell on behalf of Defendant JOHN MUTZ. (Russell, C.) (Entered: 12/11/2012)
2012-12-11 34 0 NOTICE OF VOLUNTARY DISMISSAL AS TO JENNIFER FOREMAN ONLY (98.222.174.30), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul) (Entered: 12/11/2012)
2013-01-04 35 0 NOTICE of Appearance by Lauren C. Violi on behalf of Defendant JOHN MUTZ. (Violi, Lauren) (Entered: 01/04/2013)
2013-01-04 36 0 NOTICE of Appearance by Alastair J. Warr on behalf of Defendant JOHN MUTZ. (Warr, Alastair) (Entered: 01/04/2013)
2013-01-07 37 0 ANSWER to 25 Amended Complaint , filed by JOHN MUTZ.(Warr, Alastair) (Entered: 01/07/2013)
2013-01-09 38 0 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. HAISHAN WANG served on 11/26/2012. (Nicoletti, Paul) (Entered: 01/09/2013)
2013-01-09 39 0 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JENNIFER FOREMAN served on 11/20/2012. (Nicoletti, Paul) (Entered: 01/09/2013)
2013-01-09 40 0 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. JOHN MUTZ served on 11/26/2012. (Nicoletti, Paul) (Entered: 01/09/2013)
2013-01-14 41 0 NOTICE OF SETTLEMENT, filed by Defendant HAISHAN WANG (Klinestiver, David) (Entered: 01/14/2013)
2013-01-14 42 0 ANSWER (first) to 25 Amended Complaint, filed by NICK WHETSEL-Pro Se(CBU) (Entered: 01/15/2013)
2013-01-18 43 0 Summons Returned Unexecuted by MALIBU MEDIA, LLC as to MEGAN RUMPKE. (Nicoletti, Paul) (Entered: 01/18/2013)
2013-01-18 44 0 Summons Returned Unexecuted by MALIBU MEDIA, LLC as to TIM DODD. (Nicoletti, Paul) (Entered: 01/18/2013)
2013-01-18 45 0 RETURN of Personal Service, filed by MALIBU MEDIA, LLC. NICK WHETSEL served on 1/5/2013. (Nicoletti, Paul) (Entered: 01/18/2013)