| Court: | flsd |
| Docket #: | 0:11-cv-60570 |
| Case Name: | Patrick Collins, Inc. v. Does 1-18 |
| PACER case #: | 375636 |
| Date filed: | 2011-03-16 |
| Date terminated: | 2011-12-06 |
| 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 |
| Represented Party | Attorney & Contact Info |
| Patrick Collins, Inc. Plaintiff |
Jose Salvador Talavera Michael Keith Lipscomb |
| John Does 1-18 Defendant TERMINATED: 09/16/2011 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-03-16 | 1 | 0 | COMPLAINT against John Does 1-8. Filing fee $ 350.00 receipt number 113C-3599125, 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 to Judge Marcia G. Cooke (jc) (Entered: 03/16/2011) | |||
| 2011-03-17 | 3 | 0 | Notice of Pendency of Other Action by Patrick Collins, Inc. (Lipscomb, Michael) (Entered: 03/17/2011) | |||
| 2011-03-17 | 4 | 0 | Notice of Pendency of Other Action by Patrick Collins, Inc. (Lipscomb, Michael) (Entered: 03/17/2011) | |||
| 2011-03-22 | 5 | 0 | FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (jc) (Entered: 03/22/2011) | |||
| 2011-03-23 | 6 | 0 | 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) | |||
| 2011-03-31 | 7 | 0 | NOTICE by Patrick Collins, Inc. of Filing of the Declaration of Tobias Fieser In Support of 6 Plaintiff's Motion for Leave to Take Discovery Prior To A Rule 26(f) Conference (Attachments: # 1 Exhibit a, # 2 Exhibit b)(Lipscomb, Michael) Modified added link to motion on 4/1/2011 (tp). (Entered: 03/31/2011) | |||
| 2011-04-01 | 8 | 0 | Clerks Notice to Filer re 7 Notice (Other), Notice (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 04/01/2011) | |||
| 2011-04-01 | 9 | 0 | NOTICE by Patrick Collins, Inc. Of Filing Rule 7.1 Disclosure Statement (Lipscomb, Michael) (Entered: 04/01/2011) | |||
| 2011-04-04 | 10 | 0 | ORDER TRANSFERRING Similar Action to Judge K. Michael Moore for all further proceedings, accepted and signed on 4/4/11. Judge Marcia G. Cooke no longer assigned to case. Signed by Judge Marcia G. Cooke on 3/30/2011. (asl) (Entered: 04/04/2011) | |||
| 2011-05-06 | 11 | 0 | 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. Motions referred to Edwin G. Torres. Signed by Judge K. Michael Moore on 5/6/2011. (rg1) (Entered: 05/06/2011) | |||
| 2011-05-06 | 12 | 0 | 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) | |||
| 2011-05-24 | 13 | 0 | ORDER granting 6 Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference. Signed by Magistrate Judge Edwin G. Torres on 5/24/2011. (dgm) (Entered: 05/24/2011) | |||
| 2011-05-26 | 14 | 0 | Plaintiff's MOTION Entry of An Order Withdrawing that Portion of the Court's May 06, 2011 Order DE 12 Requiring the Parties to have a Scheduling Conference by a Certain Date by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Lipscomb, Michael) (Entered: 05/26/2011) | |||
| 2011-05-27 | 15 | 0 | 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 5/27/2011. (ail) (Entered: 05/27/2011) | |||
| 2011-06-16 | 16 | 0 | AMENDED COMPLAINT against John Does 1-18, filed by Patrick Collins, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lipscomb, Michael) (Entered: 06/16/2011) | |||
| 2011-06-20 | 17 | 0 | Plaintiff's MOTION to Expedite for Leave to Serve Third Party Subpoenas Prior to Rule 26F Conference and Incorporated Memorandum Of Law by Patrick Collins, Inc.. (Attachments: # 1 Exhibit a)(Lipscomb, Michael) (Entered: 06/20/2011) | |||
| 2011-06-20 | 18 | 0 | Plaintiff's MOTION for Extension of Time within which it has to hold a 26 (f) conference and to require internet service providers to provide a status update by August 15, 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 | 19 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to Hold 26(f) Conference 18 . 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) | |||
| 2011-06-21 | 20 | 0 | NOTICE by Patrick Collins, Inc. of Filing of the Amended Declaration of Tobias Fieser in Support of Plaintiff's Expedited Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference and Incorporated Memorandum of Law 17 (Attachments: # 1 Exhibit a, # 2 Exhibit b)(Lipscomb, Michael) Modified added link to motion on 6/22/2011 (tp). (Entered: 06/21/2011) | |||
| 2011-06-21 | 21 | 0 | NOTICE by Patrick Collins, Inc. Amended Filing of the of the Amended Declaration of Tobias Fieser in Support of Plaintiff's Expedited Motion for Leave to serve Third Party Subpoenas Prior to Rule 26 (f) Conference and Incorporated Memorandum of Law 17 (Attachments: # 1 Exhibit a, # 2 Exhibit b)(Lipscomb, Michael) Modified added link to motion on 6/22/2011 (tp). (Entered: 06/21/2011) | |||
| 2011-06-22 | 22 | 0 | Clerks Notice to Filer re 21 Notice (Other), Notice (Other), 20 Notice (Other), Notice (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 06/22/2011) | |||
| 2011-06-23 | 23 | 0 | NOTICE by Patrick Collins, Inc. re 17 Plaintiff's MOTION to Expedite for Leave to Serve Third Party Subpoenas Prior to Rule 26F Conference and Incorporated Memorandum Of Law of Filing of a Proposed Order (Lipscomb, Michael) (Entered: 06/23/2011) | |||
| 2011-06-30 | 24 | 0 | ORDER granting 17 Plaintiff's Expedited Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference. Signed by Magistrate Judge Edwin G. Torres on 6/30/2011.(dgm) (Entered: 06/30/2011) | |||
| 2011-07-08 | 25 | 0 | Plaintiff's MOTION to Expedite the Entry of An Amended Order Granting Expedited Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference by Patrick Collins, Inc.. (Attachments: # 1 Exhibit a, # 2 Exhibit b)(Lipscomb, Michael) (Entered: 07/08/2011) | |||
| 2011-07-13 | 26 | 0 | 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) | |||
| 2011-08-04 | 27 | 0 | MOTION to Quash by John Does 1-18. (jua) (Entered: 08/04/2011) | 2011-08-21 18:06:34 | 77a4adf2f99e45c3aa977fe5b6ca70e54a629438 | |
| 2011-08-09 | 28 | 0 | RESPONSE in Opposition re 27 MOTION to Quash filed by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Lipscomb, Michael) (Entered: 08/09/2011) | |||
| 28 | 1 | Text of Proposed Order | ||||
| 2011-08-11 | 29 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to Extend Time Period for Service of Summons and Complaint on Doe Defendants 26 . 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 the Motion 26 is GRANTED IN PART. Plaintiff 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 8/11/2011. (rg1) (Entered: 08/11/2011) | |||
| 2011-08-15 | 30 | 0 | Plaintiff's MOTION for Extension of Time within which it has to hold a 26(f) conference re 19 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 | 31 | 0 | PAPERLESS ORDER GRANTING IN PART Plaintiff's Motion for Extension of Time Within Which it Has to Hold a 26(f) Conference 30 . Plaintiff shall hold a conference by September 21, 2011. Signed by Judge K. Michael Moore on 8/16/2011. (rg1) (Entered: 08/16/2011) | |||
| 2011-08-23 | 32 | 0 | MOTION to Quash and/or Vacate Subpoena and Incorporated Memorandum of Law ( Responses due by 9/9/2011) by John Doe. (jua) (Entered: 08/23/2011) | |||
| 2011-08-23 | 33 | 0 | MOTION to Dismiss for Lack of Personal Jurisdiction 1 Complaint, and Incorporated Memorandum of Law by John Doe. Responses due by 9/9/2011 (jua) (Entered: 08/23/2011) | |||
| 2011-08-23 | 34 | 0 | MOTION for Protective Order by John Doe. (jua) (Entered: 08/23/2011) | |||
| 2011-08-23 | 35 | 0 | AFFIDAVIT in Support re 32 MOTION to Quash and/or Vacate Subpoena, 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by John Doe. (jua) (Entered: 08/23/2011) | |||
| 2011-09-09 | 36 | 0 | RESPONSE in Opposition re 32 MOTION to Quash MOTION to Vacate filed by Patrick Collins, Inc.. (Attachments: # 1 Text of Proposed Order)(Lipscomb, Michael) (Entered: 09/09/2011) | |||
| 2011-09-14 | 37 | 0 | PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon Defendant John Doe's Motion to Dismiss 33 . Plaintiff failed to file a response. Local Rule 7.1.C provides, in relevant part: "[E]ach party opposing a motion shall serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default." In light of Plaintiff's failure to file a response, Plaintiff is hereby ORDERED TO SHOW CAUSE by September 20, 2011, why Defendant's Motion to Dismiss 33 should not be granted. Plaintiff is hereby on notice that failure to respond by this deadline may result in dismissal with respect to this John Doe Show Cause Response due by 9/20/2011.. Signed by Judge K. Michael Moore on 9/14/2011. (rg1) (Entered: 09/14/2011) | |||
| 2011-09-14 | 38 | 0 | NOTICE of Voluntary Dismissal Without Prejudice of Does 1,2,3,4,5,6,7,9,10,11,13,14,15,16,17,and 18 by Patrick Collins, Inc. (Lipscomb, Michael) Modified docket text on 9/15/2011 (tp). (Entered: 09/14/2011) | |||
| 2011-09-14 | 39 | 0 | NOTICE of Voluntary Dismissal of Doe #8 with Prejudice by Patrick Collins, Inc. (Lipscomb, Michael) (Entered: 09/14/2011) | |||
| 2011-09-15 | 40 | 0 | Clerks Notice to Filer re 38 Notice of Voluntary Dismissal. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (tp) (Entered: 09/15/2011) | |||
| 2011-09-16 | 41 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal With Prejudice of Doe Defendant 8 39 . 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 WITH PREJUDICE with respect to Doe Defendant 8. Signed by Judge K. Michael Moore on 9/16/2011. (rg1) (Entered: 09/16/2011) | |||
| 2011-09-16 | 42 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Does 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17 and 18 38 . 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, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17 and 18. This case shall remain OPEN with respect to Doe Defendant 12. Signed by Judge K. Michael Moore on 9/16/2011. (rg1) (Entered: 09/16/2011) | |||
| 2011-09-19 | 43 | 0 | RESPONSE in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by Patrick Collins, Inc.. (Lipscomb, Michael) Modified to add missing event 44 response to order to show cause on 9/19/2011 (ls). (Entered: 09/19/2011) | |||
| 2011-09-19 | 44 | 0 | RESPONSE TO ORDER TO SHOW CAUSE re 37 Order to Show Cause,,, by Patrick Collins, Inc.. (ls)(See Image at DE # 43 ) (Entered: 09/19/2011) | |||
| 2011-09-19 | 45 | 0 | Clerks Notice to Filer re 43 Response in Opposition to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls) (Entered: 09/19/2011) | |||
| 2011-09-20 | 46 | 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 | 47 | 0 | PAPERLESS ORDER GRANTING IN PART Plaintiff's Motion for Extension of Time Within Which it Has to Hold a 26(f) Conference 46 . 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) | |||
| 2011-10-31 | 48 | 0 | THIS CAUSE came before the Court upon Defendants' Motion to Quash 27 , Motion to Quash and/or Vacate Subpoena 32 , Motion to Dismiss 33 , and Motion for Protective Order 34 . 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 Defendants' aforementioned motions reveals not one motion that complies with the signing requirement found in Rule 11(a). In light of Defendants failure to comply with Rule 11(a), Defendants are ORDERED TO SHOW CAUSE by November 4, 2011, why Defendants' Motions should not be stricken from the Record. Signed by Judge K. Michael Moore on 10/31/2011. (dwe) (Entered: 10/31/2011) | |||
| 2011-11-07 | 49 | 0 | PAPERLESS ORDER. THIS MATTER came before the Court upon Defendants' Motion to Quash 27 , Motion to Quash and/or Vacate Subpoena 32 , Motion to Dismiss 33 , and Motion for Protective Order 34 . In an Order to Show Cause dated October 31, 2011, this Court instructed Defendants to answer why Defendants' Motions should not be stricken from the Record in light of Defendants failure to comply with Rule 11(a). The deadline for complying with the October 31, 2011 Order has passed and Defendants have not responded. Thus, in light of Defendants failure to comply with Rule 11(a), Defendants' Motion to Quash 27 , Motion to Quash and/or Vacate Subpoena 32 , Motion to Dismiss 33 , and Motion for Protective Order 34 are hereby STRICKEN from the Record. Signed by Judge K. Michael Moore on 11/7/2011. (dwe) (Entered: 11/07/2011) | |||
| 2011-12-06 | 50 | 0 | PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On May 6, 2011, this Court entered a Pretrial Order 12 requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held no later than twenty (20) days after the date of the Order. The Order cautioned, "[f]ailure 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 attorneys' fees and costs." In a Paperless Order 47 Granting in Part Plaintiff's Motion for Extension of Time, this Court stated that the Parties "shall hold a [scheduling] conference within twenty (20) days of the Court's ruling of Doe Defendant 12's Motion to Quash and/or Vacate Subpoena." On November 7, 2011 this Court struck Doe Defendant 12's Motion to Quash and/or Vacate Subpoena. The deadline for conducting a joint scheduling conference has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Parties may move to reopen this matter upon filing a joint scheduling report. Signed by Judge K. Michael Moore on 12/6/2011. (dwe) (Entered: 12/06/2011) |