Case details

Court: nysd
Docket #: 1:11-cv-09688
Case Name: Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304 v. Does 1-115
PACER case #: 390004
Date filed: 2011-12-29
Date of last filing: 2012-04-12
Assigned to: Judge Katherine B. Forrest
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304
Plaintiff
Mike Meier
The Copyright Law Group, PLLC 4000 Legato Road, Suite 1100 Fairfax, VA 22033 888-407-6770 Fax: 703-546-4990 Email: mike.meier.esq@copyrightdefenselawyer.com
ATTORNEY TO BE NOTICED

Does 1-115
Defendant
John Doe
Defendant
109-98.116.206.64

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-12-29 1 0 Complaint COMPLAINT against Does 1-115. (Filing Fee $ 350.00, Receipt Number 465401025666)Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304.(lmb) (Additional attachment(s) added on 1/4/2012: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D) (ama). (Entered: 01/03/2012) 2012-01-23 19:31:20 e0c8541d56c9df20ef20e313dacbbfd2449d4b7e
1 1 Exhibit A 2012-02-20 15:42:45 d6611c12fe8c1f9f878c14c9246a85efefdfc29e
1 2 Exhibit C
1 3 Exhibit D
2012-01-04 2 0 Motion for Discovery MOTION for Discovery prior to Rule 26(f) Conference. Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304.(Meier, Mike) (Entered: 01/04/2012)
2012-01-04 3 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 2 MOTION for Discovery prior to Rule 26(f) Conference.. Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304. (Meier, Mike) (Entered: 01/04/2012)
2012-01-04 4 0 Declaration in Support of Motion DECLARATION of Jon Nicolini in Support re: 2 MOTION for Discovery prior to Rule 26(f) Conference.. Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304. (Attachments: # 1 Exhibit, # 2 Exhibit)(Meier, Mike) (Entered: 01/04/2012)
2012-01-05 5 0 Order on Motion for Discovery ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE: granting 2 Motion for Discovery. It is: ORDERED that Plaintiffs Motion is GRANTED. ORDERED that the Plaintiff is allowed to conduct immediate discovery on the Internet Service Providers listed in Exhibit A to the Complaint with a subpoena under Federal Rule of Civil Procedure 45 seeking information sufficient to identify each Doe defendant, including name, current and permanent address, e-mail address, and Media Access Control (MAC) Address, as further set forth in this order. (Signed by Judge J. Paul Oetken on 1/5/2012) (lmb) (Entered: 01/05/2012)
2012-02-02 6 0 Order ORDER : IT IS HEREBY ORDERED that Plaintiff shall immediately serve a copy of this order on the ISPs listed in Exhibit A and that the ISPs shall serve a copy of this order on John Does 1-115.The ISPs may serve Does 1 115 using any reasonable means, including written notice sent to their last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that Plaintiff shall inform the Court by February 6, 2012 whether it has received any defendant's identifying information from the ISPs.IT IS FURTHER ORDERED that, to the extent that Plaintiff has not received defendants'identifying information, Does l-115 shall have 60 days from the date of service of this orderupon him or her to file any motions with this Court contesting the subpoena (including a motionto quash or modify the subpoena), as well as any request to litigate the subpoena anonymously.The ISPs may not tum over the Doe defendants' identifying information to Plaintiff, if they havenot already done so, before the expiration of this 60-day period. Additionally, if a defendant or ISP files a motion to quash the subpoena, the ISPs may not tum over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing the ISPs to resume in turning over the requested discovery.IT IS FURTHER ORDERED that if that 60-day period lapses without a Doe defendant or ISP contesting the subpoena, the ISPs shall have 10 days to produce the information responsive to the subpoena to Plaintiff. A Doe defendant or ISP who moves to quash or modify the subpoena, or to proceed anonymously, shall at the same time as his or her filing also notify all ISPs so that the ISPs are on notice not to release any of the Doe defendant's contact information to Plaintiff until the Court rules on any such motions. IT IS FURTHER ORDERED that as to any defendant whose identifying information isknown to Plaintiff, Plaintiff shall file its amended complaint, which identifies such defendant, under seal with the Court. Does 1-115 shall have 60 days from the date of service of the complaint, or 60 days from the date of this order, whichever is later, to file any applications with this Court under seal. IT IS FURTHER ORDERED that any information ultimately disclosed to Plaintiff inresponse to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting its rights as set forth in its complaint. If Plaintiff objects to allowing defendants to litigate the matter anonymously, Plaintiff is directed to so inform the Court by letter submission by February 10, 2012. SO ORDERED.(Signed by Judge J. Paul Oetken on 2/02/2012) (ama) (Entered: 02/02/2012) 2012-02-14 12:00:26 aeec55dcf36be98825a7ff951a49f991dbcd5cab
2012-02-03 7 0 Letter Letter addressed to Judge J. Paul Oetken from Mike Meier dated 2/2/2012 re: As part of the Order issued today in the above-captioned case, the Court requested certain information as specified in this letter. Counsel for Plaintiff would like to note that he never initiates contact with John Does by telephone. Also, counsel for Plaintiff understands the John Does' needs for privacy, and thus does not require John Does wishing to resolve the matter to disclose their identity. All dismissals of John Does are not by name, but only by Doe Number and IP address. (rjm) (Entered: 02/10/2012) 2012-02-14 12:06:37 559df58701c086e1576c7771f0829a63ae0da7e7
2012-03-02 8 0 Order ORDER: The above-captioned cases have, or will, be transferred to the undersigned for all purposes. Additional cases may also be deemed related and transferred to the undersigned in the near term. Accordingly, it is hereby ORDERED that the parties shall cease all discovery-related activity in the above-captioned cases until otherwise ordered by this Court. To the extent plaintiff's counsel is aware of counsel for any unnamed defendant, he is directed to provide this Order to such counsel. A status conference will be held before this Court on March 12, 2012, at 3:00 p.m. ( Status Conference set for 3/12/2012 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/2/2012) (djc) (Entered: 03/02/2012)
2012-03-13 9 0 Order ORDER: Finding that the actions listed above involve common questions of law and fact, IT IS HEREBY ORDERED that the Clerk of Court shall consolidate the above actions (the "individual actions") for discovery and other pre-trial purposes under Case No. 11 Civ. 7564. This Court has not decided whether the individual actions will proceed as consolidated beyond the pre-trial phase and will not require plaintiffs to submit a consolidated complaint at this time. All future filings in the individual actions are to be filed in the docket for Case No. 11 Civ. 7564. Filings shall be captioned "IN RE ADULT FILM COPYRIGHT INFRINGEMENT LITIGATION" and shall note to which individual case they are related. IT IS FURTHER ORDERED that plaintiffs shall immediately serve a copy of this Order on the Internet Service Providers ("ISPs") that have been identified by plaintiffs in Exhibit A of their complaints in the individual actions and that the ISPs shall serve a copy of this Order on each John Doe defendant in the form of a "notice letter." The ISPs may serve each John Doe defendant using any reasonable means. IT IS FURTHER ORDERED that the notice letters shall be sent by the ISP promptly following the date printed on the notice letter. IT IS FURTHER ORDERED that plaintiffs shall inform the Court by March 16, 2012, whether they have received any defendant's identifying information from the ISPs; as further set forth in this Order. (Signed by Judge Katherine B. Forrest on 3/13/2012) (mro) (Entered: 03/13/2012) 2012-04-26 21:03:24 140bbed2dcd8590ac8dac24f4bca6e711981e3a5
2012-03-15 10 0 Order ORDER: This Court's March 13, 2012, Order is modified as follows: this actions are consolidated for all purposes in order to establish a single docket for all filings in the individual actions. The Court may at a later time determine that these actions shall proceed on an individual basis. The Clerk of the Court is directed to refer to the consolidation instructions at Docket No. 29. (Signed by Judge Katherine B. Forrest on 3/15/2012) Filed In Associated Cases: 1:11-cv-07564-KBF et al.(jfe) (Entered: 03/15/2012) 2012-03-22 12:57:25 89a188e2a227d44b335ad1629eb4f057d360fa56
2012-03-17 11 0 Notice of Settlement NOTICE of Settlement with specific John Does and their dismissal (Case 11 Civ. 9705). Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304. Filed In Associated Cases: 1:11-cv-07564-KBF, 1:11-cv-09705-JPO(Meier, Mike) (Entered: 03/17/2012)
2012-03-26 12 0 Order on Motion for Extension of Time to File ORDER in case 1:11-cv-07564-KBF; granting (19) Motion for Extension of Time to File in case 1:11-cv-07999-KBF; granting (9) Motion for Extension of Time in case 1:11-cv-08172-KBF. IT IS HEREBY ORDERED that, having shown good cause, plaintiffs' applications for extensions of time to serve defendants in Member Case Nos. 11 Civ. 7999 and 11 Civ. 8172 are GRANTED. Plaintiffs shall serve defendants not later than May 25, 2012. The Clerk of the Court is directed to terminate the motions at Docket Nos. 19 (Case No. 11 Civ. 7999) and 9 (Case No. 11 Civ. 8172). IT IS FURTHER ORDERED that plaintiffs' shall serve defendants in each member case of this consolidated action not later than May 25, 2012. (Signed by Judge Katherine B. Forrest on 3/26/2012) Filed In Associated Cases: 1:11-cv-07564-KBF et al.(jfe) (Main Document 12 replaced on 3/26/2012) (jfe). (Entered: 03/26/2012) 2012-07-11 01:25:38 6993fff8b45d22f971d02fbe4a0488e558bf19b0
2012-04-02 13 0 Order ORDER: IT IS HEREBY ORDERED that Doe 110 shall have 60 days from the date of service of the notice letter1 to file any motion with this Court regarding the subpoena at issue and any request to proceed anonymously. This Order and the March 13, 2012 Order will be mailed by the Court to the address provided by Doe 110. (Signed by Judge Katherine B. Forrest on 4/2/2012) Filed In Associated Cases: 1:11-cv-07564-KBF, 1:11-cv-09705-JPO(jfe) (Entered: 04/02/2012) 2012-04-09 09:51:34 4a94106348ee53606977d2f9e23b01970a992d52
2012-03-28 14 0 Notice of Case Assignment/Reassignment NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge J. Paul Oetken is no longer assigned to the case. (pgu) (Entered: 04/03/2012)
2012-03-30 15 0 Motion to Quash MOTION to Quash Subpoena MOTION to Vacate. Document filed by John Doe.Filed In Associated Cases: 1:11-cv-07564-KBF et al.(js) (Entered: 04/06/2012) 2012-07-11 01:30:13 778332fead8004f84957342c1d97f4f5b974007f
2012-04-06 16 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: (27 in 1:11-cv-07999-KBF, 27 in 1:11-cv-07999-KBF, 45 in 1:11-cv-07564-KBF, 45 in 1:11-cv-07564-KBF, 12 in 1:11-cv-09550-KBF, 12 in 1:11-cv-09550-KBF, 11 in 1:12-cv-01077-KBF, 11 in 1:12-cv-01077-KBF, 14 in 1:11-cv-09688-KBF, 14 in 1:11-cv-09688-KBF, 15 in 1:11-cv-09705-KBF, 15 in 1:11-cv-09705-KBF, 22 in 1:11-cv-09618-KBF, 22 in 1:11-cv-09618-KBF, 13 in 1:11-cv-09703-KBF, 13 in 1:11-cv-09703-KBF, 13 in 1:12-cv-00129-KBF, 13 in 1:12-cv-00129-KBF, 19 in 1:11-cv-09706-KBF, 19 in 1:11-cv-09706-KBF, 15 in 1:11-cv-08172-KBF, 15 in 1:11-cv-08172-KBF, 13 in 1:12-cv-01169-KBF, 13 in 1:12-cv-01169-KBF) MOTION to Quash Subpoena. MOTION to Vacate. (John Doe 109, claiming to have different IP address)). Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304. (Attachments: # 1 Exhibit Confirmation from Verizon that John Doe 109 has a dynamic IP address that changes periodically, # 2 Exhibit IP locator search, showing that the IP address is dynamic and thus changes periodically)Filed In Associated Cases: 1:11-cv-07564-KBF et al.(Meier, Mike) (Entered: 04/06/2012)
2012-04-09 17 0 Memorandum of Law in Opposition to Motion AMENDED MEMORANDUM OF LAW in Opposition re: (27 in 1:11-cv-07999-KBF, 27 in 1:11-cv-07999-KBF, 45 in 1:11-cv-07564-KBF, 45 in 1:11-cv-07564-KBF, 12 in 1:11-cv-09550-KBF, 12 in 1:11-cv-09550-KBF, 11 in 1:12-cv-01077-KBF, 11 in 1:12-cv-01077-KBF, 14 in 1:11-cv-09688-KBF, 14 in 1:11-cv-09688-KBF, 15 in 1:11-cv-09705-KBF, 15 in 1:11-cv-09705-KBF, 22 in 1:11-cv-09618-KBF, 22 in 1:11-cv-09618-KBF, 13 in 1:11-cv-09703-KBF, 13 in 1:11-cv-09703-KBF, 13 in 1:12-cv-00129-KBF, 13 in 1:12-cv-00129-KBF, 19 in 1:11-cv-09706-KBF, 19 in 1:11-cv-09706-KBF, 15 in 1:11-cv-08172-KBF, 15 in 1:11-cv-08172-KBF, 13 in 1:12-cv-01169-KBF, 13 in 1:12-cv-01169-KBF) MOTION to Quash Subpoena. MOTION to Vacate. (John Doe 109, claiming to have different IP address)). Document filed by Patrick Collins, Inc. DBA Elegant Angel Productions 8015 Deering Ave. Canoga Park, CA 91304. (Attachments: # 1 Exhibit Confirmation from Verizon that John Doe 109 has a dynamic IP address that changes periodically, # 2 Exhibit IP locator search, showing that the IP address is dynamic and thus changes periodically)Filed In Associated Cases: 1:11-cv-07564-KBF et al.(Meier, Mike) (Entered: 04/09/2012)
2012-04-12 18 0 Order MEMORANDUM & ORDER: Having received five motions from Doe Defendants in the above-captioned matters, this Court holds as follows: 1. The motions to dismiss and/or sever based on improper joinder brought by Doe 54 (Member Case No. 11 Civ. 9703) and Doe 93 (Member Case No. 11 Civ. 9706) are DENIED for the reasons set forth in this Court's Memorandum Opinion and Order dated March 26, 2012 (Lead Docket No. 39) (the "March 26th opinion").The motions to quash brought by Doe 54 (Member Case No.11 Civ. 9703), Doe 109 (Member Case No. 11 Civ. 9705) and Doe 119 (Member Case No. 11 Civ. 9706) are DENIED for the reasons set forth in this Court's Memorandum Opinion and Order in Member Case Next Phase Distribution, Inc. v. Does 1-138, No. 11 Civ. 9706, dated March I, 2012 (Dkt No.9) (the "March 1st Opinion").This Court also construes the Doe defendants' submissions as requests to proceed anonymously. For the reasons set forth in this Court's March 1st Opinion and March 13, 2012 Order (Lead Docket No. 29) (the "March 13th Order"), the requests are GRANTED.The Clerk of the Court is directed to terminate the motions at Docket No. 45 in Lead Case No. 11 Civ. 7564, Docket No. 27 in Member Case No. 11 Civ. 7999, Docket No. 15 in Member Case No. 11 Civ. 8172, Docket No. 12 in Member Case No. 11 Civ. 9550, Docket No. 22 in Member Case No. 11 Civ. 9618, Docket No. 14 in Member Case No. 11 Civ. 9688, Docket Nos. 11 and 13 in Member Case No. 11 Civ. 9703, Docket No. 15 in Member Case No. 11 Civ. 9705, Docket Nos. 14, IS, 18 and 19 in Member Case No. 11 Civ. 9706, Docket No. 13 in Member Case No. 12 Civ. 0129, Docket No. 11 in Member Case No. 12 Civ. 1077 and Docket No. 13 in Member Case No. 12 Civ. 1169. Plaintiffs are directed to mail this Order, the March 26th Opinion, the March 1st Opinion and the March 13th Order to Doe 54 (Member Case No. 11 Civ. 9703), Doe 109 (Member Case No. 11 Civ. 9705), Doe 93 (Member Case No. 11 Civ. 9706) and Doe 119 (Member Case No. 11 Civ. 9706)., Motions terminated: (13 in 1:12-cv-00129-KBF, 12 in 1:11-cv-09550-KBF, 45 in 1:11-cv-07564-KBF, 15 in 1:11-cv-09705-KBF, 13 in 1:12-cv-01169-KBF, 13 in 1:12-cv-00129-KBF, 22 in 1:11-cv-09618-KBF, 27 in 1:11-cv-07999-KBF, 45 in 1:11-cv-07564-KBF, 11 in 1:12-cv-01077-KBF, 14 in 1:11-cv-09688-KBF, 15 in 1:11-cv-09705-KBF, 13 in 1:11-cv-09703-KBF, 12 in 1:11-cv-09550-KBF, 19 in 1:11-cv-09706-KBF, 13 in 1:12-cv-01169-KBF, 11 in 1:12-cv-01077-KBF, 15 in 1:11-cv-08172-KBF, 15 in 1:11-cv-08172-KBF, 22 in 1:11-cv-09618-KBF, 27 in 1:11-cv-07999-KBF, 13 in 1:11-cv-09703-KBF, 14 in 1:11-cv-09688-KBF, 19 in 1:11-cv-09706-KBF) MOTION to Quash Subpoena. MOTION to Vacate. filed by John Doe, (14 in 1:11-cv-09706-KBF) MOTION to Quash Subpoena. filed by Does 1-138, (15 in 1:11-cv-09706-KBF, 15 in 1:11-cv-09706-KBF, 15 in 1:11-cv-09706-KBF) MOTION to Dismiss. MOTION for Protective Order. MOTION for leave to proceed anonymously., (11 in 1:11-cv-09703-KBF) MOTION to Dismiss. filed by Does 1-56, (18 in 1:11-cv-09706-KBF) MOTION to Quash Subpoena. filed by Does 1-138. (Signed by Judge Katherine B. Forrest on 4/12/2012) Filed In Associated Cases: 1:11-cv-07564-KBF et al.(pl) (Entered: 04/13/2012)
2012-04-24 19 0 MEMORANDUM AND ORDER. On March 13, 2012, this Court issued an order stating, in part, that plaintiffs shall identify Doe defendants, who have requested to proceed anonymously, by IP address and Doe number only--i.e., plaintiffs must not reveal the identity of these Doe defendants in public filings. On April 18, 2012, in contravention of this order, plaintiff in Member Case No. 11 Civ. 9706 named a Doe defendant--who had submitted a request to proceed anonymously that was received by plaintiff--in a public filing. This document has been removed by the Court. Should counsel for plaintiffs again disobey a Court order in this consolidated action, plaintiffs may be subject to sanctions including dismissal of their actions pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff is directed to mail this Order to the Doe defendant named in plaintiff's filing. (Signed by Judge Katherine B. Forrest on 4/24/2012) Filed In Associated Cases: 1:11-cv-07564-KBF et al.(rjm) (Entered: 04/25/2012)