Case details

Court: flsd
Docket #: 0:11-cv-60568
Case Name: Patrick Collins, Inc. v. Does 1-6
PACER case #: 375632
Date filed: 2011-03-16
Date terminated: 2011-11-30
Date of last filing: 2011-07-20
Assigned to: Judge K. Michael Moore
Referred to: Magistrate Judge Edwin G. Torres
Case Cause: 17:0101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Patrick Collins, Inc.
Plaintiff
 
Jose Salvador Talavera
Lipscomb Brady & Eisenberg, PL
2 South Biscayne Blvd.
Penthouse 3800
Miami, FL 33131
786-431-2228
Fax: 786-431-2229
Email: jtalavera@lbefirm.com
ATTORNEY TO BE NOTICED

Michael Keith Lipscomb
Lipscomb, Brady & Eisenberg, PL.
One Biscayne Tower
2 South Biscayne Blvd
Penthouse 3800
Miami, FL 33131
786-431-2228
Fax: 431-2231
Email: Klipscomb@lbefirm.com
ATTORNEY TO BE NOTICED
John Does 1-6
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-03-16 1 0 Complaint COMPLAINT against John Does 1-6. Filing fee $ 350.00 receipt number 113C-3599024, filed by Patrick Collins, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Lipscomb, Michael) (Entered: 03/16/2011)
2011-03-16 2 0 Judge Assignment Judge Assignment to Judge Cecilia M. Altonaga (jcy) (Entered: 03/16/2011)
2011-03-17 3 0 Notice of Pendency of Other Action Notice of Pendency of Other Action by Patrick Collins, Inc. (Lipscomb, Michael) (Entered: 03/17/2011)
2011-03-16 4 0 Form AO 120/121 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (jcy) (Entered: 03/18/2011)
2011-03-23 5 0 Motion for Leave to File Plaintiff's MOTION for Leave to File Serve Third Party Subpoenas Prior to a Rule 26 (f) Conference and Incorporated Memorandum of Law by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lipscomb, Michael) (Entered: 03/23/2011)
2011-03-24 6 0 Order on Motion for Leave to File ORDER granting 5 Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference. Signed by Judge Cecilia M. Altonaga on 3/24/2011. (ps1) (Entered: 03/24/2011)
2011-03-31 7 0 Notice (Other) NOTICE by Patrick Collins, Inc. of Filing of the Declaration of Tobias Fieser In Support of Plaintiff's Motion for Leave to Take Discovery Prior To A Rule 26(f) Conference (Attachments: # 1 Exhibit a, # 2 Exhibit b)(Lipscomb, Michael) (Entered: 03/31/2011)
2011-03-31 8 0 Case Reassignment of Paired Magistrate Judge Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order 2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. (mr1) (Entered: 03/31/2011)
2011-04-01 9 0 Notice (Other) NOTICE by Patrick Collins, Inc. Of Filing Rule 7.1 Disclosure Statement (Lipscomb, Michael) (Entered: 04/01/2011)
2011-04-04 10 0 Order Reassigning/Transferring Case Order of Transfer to Judge K. Michael Moore for all further proceedings, accepted and signed on 4/4/11. Judge Cecilia M. Altonaga no longer assigned to case. Signed by Judge Cecilia M. Altonaga on 3/31/2011. (jcy) (Entered: 04/04/2011)
2011-04-04 11 0 Case Reassignment of Paired Magistrate Judge Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Edwin G. Torres. The undersigned Magistrate Judge certifies that there are no pending, ripe, referred motions. Signed by Magisrate Judge Andrea M. Simonton on April 4, 2011. (AMS) (Entered: 04/04/2011)
2011-05-06 12 0 Order Referring Case to Magistrate Judge PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE EDWIN G. TORRES. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Edwin G. Torres to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. Signed by Judge K. Michael Moore on 5/6/2011. (rg1) (Entered: 05/06/2011)
2011-05-06 13 0 Pretrial Order PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the transfer of the instant case. It is ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of or a description by category and location of all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and / or the exclusion of documents or witnesses at the time of trial. Signed by Judge K. Michael Moore on 5/6/2011. (rg1) (Entered: 05/06/2011)
2011-05-26 14 0 Motion for Miscellaneous Relief Plaintiff's MOTION for Entry of An Order Withdrawing that Portion of the Court's May 06, 2011 Order DE 13 Requiring the Parties to have a Scheduling Conference by a Certain Date re 13 Pretrial Order,,,,,,,,, by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Lipscomb, Michael) (Entered: 05/26/2011)
2011-05-31 15 0 Order on Motion for Miscellaneous Relief PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for the Entry of an Order Withdrawing that Portion of the Court's May 6, 2011 Order Requiring the Parties to Have a Scheduling Conference by a Certain Date 14 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Motion 14 is GRANTED IN PART. The Parties must hold a scheduling conference by June 20, 2011. The Court's Pretrial Order 12 is otherwise unaffected by this order. Signed by Judge K. Michael Moore on 5/31/2011. (rg1) (Entered: 05/31/2011)
2011-06-20 16 0 Motion for Extension of Time Plaintiff's MOTION for Extension of Time enlarge the time within which to hold a 26F conference and to require internet service providers to provide a status update on July 20, 2011 re 15 Order on Motion for Miscellaneous Relief,, by Patrick Collins, Inc.. Responses due by 7/8/2011 (Attachments: # 1 Exhibit A)(Lipscomb, Michael) (Entered: 06/20/2011)
2011-06-21 17 0 Order on Motion for Extension of Time PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to Hold 26(f) Conference 16 . The Motion is GRANTED IN PART. Plaintiff shall hold a scheduling conference within 30 days of its having served the Defendants however no later than August 15, 2011. Plaintiff may file for an extension if it appears Plaintiff requires more time to acquire the identity of Doe Defendants. Signed by Judge K. Michael Moore on 6/21/2011. (mno) (Entered: 06/21/2011)
2011-07-13 18 0 Motion to Quash Stricken by DE 30 MOTION to Quash Subpeona by John Does 1-6. (drz) Modified on 11/10/2011 (tp). (Entered: 07/13/2011) 2012-06-08 00:09:15 543e8795a2579617e69ecc1c23474cbd5e8ab1bf
2011-07-13 19 0 Motion for Extension of Time Plaintiff's MOTION for Extension of Time to serve Summons and Complaint on Doe Defendants by Patrick Collins, Inc.. Responses due by 8/1/2011 (Lipscomb, Michael) (Entered: 07/13/2011)
2011-07-19 20 0 Response in Opposition to Motion RESPONSE in Opposition re 18 MOTION to Quash filed by Patrick Collins, Inc.. (Lipscomb, Michael) (Entered: 07/19/2011)
2011-07-20 21 0 Order PAPERLESS ORDER GRANTING IN PART Plaintiff's Motion for Extension of Time to Serve Summons and Complaint 19 . Plaintiff's shall serve Defendants within thirty (30) days of learning their identities but no later than September 15, 2011. Signed by Judge K. Michael Moore on 7/20/2011. (rg1) (Entered: 07/20/2011)
2011-08-15 22 0 Plaintiff's MOTION for Extension of Time within which it has to hold a 26(f) conference re 17 Order on Motion for Extension of Time, by Patrick Collins, Inc.. Responses due by 9/1/2011 (Attachments: # 1 Text of Proposed Order)(Lipscomb, Michael) (Entered: 08/15/2011)
2011-08-16 23 0 PAPERLESS ORDER GRANTING IN PART Plaintiff's Motion for Extension of Time Within Which it Has to Hold a 26(f) Conference 22 . Plaintiff shall hold a conference by September 21, 2011. Signed by Judge K. Michael Moore on 8/16/2011. (rg1) (Entered: 08/16/2011)
2011-09-14 24 0 NOTICE of Voluntary Dismissal without Prejudice by Patrick Collins, Inc. (Lipscomb, Michael) (Entered: 09/14/2011)
2011-09-16 25 0 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Does 1, 2, 3, 5, and 6 24 . UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE with respect to Does 1, 2, 3, 5, and 6. This case shall remain OPEN. Signed by Judge K. Michael Moore on 9/16/2011. (rg1) (Entered: 09/16/2011)
2011-09-20 26 0 Plaintiff's MOTION to Continue A 26 (f) CONFERENCE by Patrick Collins, Inc.. Responses due by 10/7/2011 (Lipscomb, Michael) (Entered: 09/20/2011)
2011-10-07 27 0 PAPERLESS ORDER GRANTING IN PART Plaintiff's Motion for Extension of Time Within Which it Has to Hold a 26(f) Conference 26 . Plaintiff shall hold a conference within twenty (20) days of the Court's ruling of Doe Defendant 12's Motion to Quash and/or Vacate Subpoena 32 . Signed by Judge K. Michael Moore on 10/7/2011. (rg1) (Entered: 10/07/2011)
2011-10-07 28 0 CORRECTED PAPERLESS ORDER GRANTING IN PART Plaintiff's Motion for Extension of Time Within Which it Has to Hold a 26(f) Conference 26 . Plaintiff shall hold a conference within twenty (20) days of the Court's ruling of Doe Defendant 4's Motion to Quash 18 . Signed by Judge K. Michael Moore on 10/7/2011. (rg1) (Entered: 10/07/2011)
2011-11-03 29 0 THIS CAUSE came before the Court upon Defendant's Motion to Quash 18 . Federal Rule of Civil Procedure 11(a) provides in relevant part, "Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number.... The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention." A review of Defendant's Motion to Quash 18 reveals that it does not comply with the signing requirement found in Rule 11(a). In light of Defendant's failure to comply with Rule 11(a), Defendant is ORDERED TO SHOW CAUSE by November 8, 2011, why Defendant's Motions should not be stricken from the Record. Signed by Judge K. Michael Moore on 11/3/2011. (dwe) (Entered: 11/03/2011)
2011-11-09 30 0 PAPERLESS ORDER. THIS MATTER came before the Court upon Defendant's Motion to Quash 18 . In an Order to Show Cause dated November 3, 2011, this Court instructed Defendant to answer why Defendant's Motion should not be stricken from the Record in light of Defendant's failure to comply with Rule 11(a). The deadline for complying with the November 3, 2011 Order has passed and Defendant has not responded. Thus, in light of Defendant's failure to comply with Rule 11(a), Defendant's Motion to Quash 18 is hereby STRICKEN from the Record. Signed by Judge K. Michael Moore on 11/9/2011. (dwe) (Entered: 11/09/2011)
2011-11-29 31 0 NOTICE of Voluntary Dismissal without Prejudice of Doe 4 by Patrick Collins, Inc. (Lipscomb, Michael) (Entered: 11/29/2011)
2011-11-30 32 0 THIS CAUSE came before the Court upon the Plaintiff's Notice of Voluntary Dismissal without Prejudice 31 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Doe Defendant 4, identified by the IP Address 66.229.77.84 is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Judge K. Michael Moore on 11/30/2011. (dwe) (Entered: 11/30/2011)