Case details

Court: wvnd
Docket #: 3:10-cv-00095
Case Name: Combat Zone, Inc. v. Does 1-1037
PACER case #: 26572
Date filed: 2010-09-24
Date terminated: 2011-01-11
Date of last filing: 2010-09-24
Assigned to: Chief Judge John Preston Bailey
Referred to: Magistrate Judge James E. Seibert
Case Cause: 28:1338 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Combat Zone, Inc.
Plaintiff
Kenneth J. Ford (CLE - SUSPENDED)
Law Office of Kenneth J. Ford 100 Mahogany Court Martinsburg, WV 25401 304-261-2849 Fax: 304-945-0288 Email: fordkennethj@aol.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

DOES 1-1037
Defendant
Time Warner Cable, Inc.
Interested Party
Alexander Maltas
Latham & Watkins LLP 555 Eleventh Street. NW, Suite 1000 Washington, DC 20004 (203) 637-2295 Email: alexander.maltas@lw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Glen Franklin Koontz
Martin & Seibert, LC - Mrt. PO Box 1286 Martinsburg, WV 25405-1286 304-267-8985 Fax: 304-267-0731 Email: gfkoontz@martinandseibert.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan R. Snowden
Martin & Seibert, LC - Martinsburg PO Box 1286 Martinsburg, WV 25402 304-262-3220 Fax: 304-267-0731 Email: srsnowden@martinandseibert.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe - 1
Defendant
formerly known asDOES 1-1037
John Doe 6
Interested Party
TERMINATED: 12/16/2010
John Doe 6
C/O John Doe 2911 Marvin Drive Sinking Spring, PA 19608 610-334-8021 PRO SE

Joseph Caramiello
Interested Party
TERMINATED: 12/03/2010
Joseph Caramiello
318 Richards Street Auburn, MA 01501 PRO SE

B.J. Smith
Interested Party
TERMINATED: 12/07/2010
B.J. Smith
602 Treadstone Way Greenville, SC 29615 PRO SE

William McHale
Interested Party
TERMINATED: 12/07/2010
William McHale
52 Merle Drive Spartansburg, SC 29307 PRO SE

Danny Warner
Interested Party
TERMINATED: 12/10/2010
Danny Warner
PRO SE

Brittnie Lowder
Interested Party
TERMINATED: 12/13/2010
Brittnie Lowder
PRO SE

John Doe
Interested Party
Burlington, WI TERMINATED: 12/16/2010
John Doe
1432 Fairlaw Blvd. Burlington, WI 53105-9077 PRO SE

Aaron Walker
Interested Party
TERMINATED: 12/16/2010
Aaron Walker
PO Box 10852 Reno, NV 89510 PRO SE

A.W.
Interested Party
TERMINATED: 12/16/2010
A.W.
1910 Pleasant Drive Portage, MI 49002 PRO SE

Vanessa Gordon
Interested Party
TERMINATED: 12/16/2010
Vanessa Gordon
176 Pleasant Street Grafton, MA 01560 PRO SE

Christopher Scott Wong
Interested Party
TERMINATED: 12/16/2010
Christopher Scott Wong
1340 Hillside Drive Glendale, CA 91208 PRO SE

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-09-24 1 0 Complaint COMPLAINT against DOES 1-1037, filed by Combat Zone, Inc. (Attachments: # 1 Attachment Schedule A, # 2 Civil Cover Sheet)(jko) (Entered: 09/24/2010)
2010-09-24 2 0 Filing Fee Received Filing fee: $ 350.00, receipt number 060940 (jko) (Entered: 09/24/2010)
2010-09-29 3 0 MOTION for Discovery by Combat Zone, Inc.. (Attachments: # 1 Text of Proposed Order)(Ford, Kenneth) (Entered: 09/29/2010)
2010-09-29 4 0 MEMORANDUM in Support of Motion for Leave to Take Discovery Prior to Rule 26(f) Conference by Combat Zone, Inc. re 3 MOTION for Discovery. (Ford, Kenneth) (Entered: 09/29/2010)
2010-10-01 5 0 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26 (f) CONFERENCE granting 3 Motion for Discovery Signed by Chief Judge John Preston Bailey on 10/1/10. (cwm) (Entered: 10/01/2010)
2010-11-15 6 0 MOTION to Quash by Time Warner Cable, Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 - Subpoena, # 4 Exhibit 2 - Affidavit, # 5 Exhibit 3 - Transcript, # 6 Exhibit 4 - Order from DC court, # 7 Exhibit 5 - Email)(cmd) (Entered: 11/15/2010)
2010-11-15 7 0 MOTION for Leave to Appear Pro Hac Vice for Alexander Maltas by Time Warner Cable, Inc. (Attachments: # 1 Text of Proposed Order)(cwm) (Entered: 11/15/2010)
2010-11-15 8 0 Pro Hac Vice Filing fee: $100.00 - receipt number 060998 for Alexander Maltas. (cwm) (Entered: 11/15/2010)
2010-11-23 29 0 ORDER OF REFERRAL: 6 MOTION to Quash filed by Time Warner Cable, Inc. Referral Judge: Magistrate Judge James E. Seibert. Signed by Chief Judge John Preston Bailey on 11/23/10. Copy emailed to Magistrate Judge James E. Seibert.(cwm) (Entered: 11/23/2010)
2010-11-23 30 0 ORDER Setting Evidentiary Hearing and Argument re: 6 Motion to Quash Subpoenas, set for 11/30/2010 10:00 AM in Wheeling Magistrate Judge Courtroom, 4th Floor before Magistrate Judge James E. Seibert. Signed by Magistrate Judge James E. Seibert on 11/23/2010. (cmd) (Entered: 11/23/2010)
2010-11-24 31 0 Memorandum in Opposition re 6 MOTION to Quash of Time Warner Cable filed by Combat Zone, Inc.. (Attachments: # 1 Exhibit)(Ford, Kenneth) (Entered: 11/24/2010)
2010-11-24 32 0 ORDER granting 7 Motion for Leave to Appear Pro Hac Vice for Alexander Maltas. Signed by Chief Judge John Preston Bailey on 11/24/10. (cwm) Modified on 11/29/2010 to regenerate NEF so that Attorney A. Maltas receives a copy (cwm). (Entered: 11/24/2010)
2010-11-29 33 0 REPLY to Response to Motion re 6 MOTION to Quash filed by Time Warner Cable, Inc.. (Snowden, Susan) (Entered: 11/29/2010)
2010-11-29 34 0 MOTION to Quash by John Doe 6. (Attachments: # 1 Memorandum in Support, # 2 Fax cover sheet)(cmd) (Entered: 11/29/2010)
2010-11-30 36 0 Exhibit And Witness List Evidentiary hearing before MJ Seibert. (Attachments: # 1 Exhibit Dft's Subpoenas part 1, # 2 Exhibit Dft's Subpoenas part 2, # 3 Exhibit Dft's Subpoenas part 3, # 4 Dft's Affidavit of Craig Goldberg)(mji) (Entered: 11/30/2010)
2010-12-02 37 0 OBJECTION NOTICE by Joseph Caramiello. (Attachments: # 1 Attachment - Subpoena & Letter and # 2 Envelope)(cwm) (Entered: 12/02/2010)
2010-12-02 38 0 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Original mailed to pro se interested party Joseph Caramiello and John Doe 6 by certified mail return receipt. (cwm) Modified on 12/2/2010 to add party and regenerate NEF (cwm). (Additional attachment(s) added on 12/2/2010: # 1 Certified Mail Receipts) (cwm). (Entered: 12/02/2010)
2010-12-02 39 0 OBJECTIONS to Time Warner Cable's Exhibits to by Combat Zone, Inc.. (Ford, Kenneth) (Entered: 12/02/2010)
2010-12-03 40 0 ORDER re: 37 OBJECTION NOTICE by Joseph Caramiello. Court hereby ORDERS Joseph Caramiello DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge John Preston Bailey on 12/3/10. Copy mailed to pro se parties by certified mail return receipt.(cwm) (Additional attachment(s) added on 12/3/2010: # 1 Certified Mail Receipt) (cwm). (Entered: 12/03/2010)
2010-12-03 41 0 RESPONSE by Time Warner Cable, Inc. to 39 Objections. (Snowden, Susan) (Entered: 12/03/2010)
2010-12-06 42 0 MOTION to Quash Production Subpoena by B.J. Smith. (Attachments: # 1 Attachment Subpoena and # 2 Envelope)(cwm) (Entered: 12/06/2010)
2010-12-06 43 0 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Original mailed to pro se party B. Smith & William McHaley by certified mail return receipt. (cwm) (Additional attachment(s) added on 12/6/2010: # 1 Certified Return Receipt) (cwm). Modified on 12/6/2010 to add party name (cwm). (Additional attachment(s) added on 12/6/2010: # 2 Certified Mail Receipt) (cwm). (Entered: 12/06/2010)
2010-12-06 44 0 OBJECTIONS to Subpoena by William McHale. (Attachments: # 1 Attachment Letter and # 2 Envelope)(cwm) (Entered: 12/06/2010)
2010-12-06 45 0 NOTICE of Appearance by Glen Franklin Koontz on behalf of Time Warner Cable, Inc. (Koontz, Glen) (Entered: 12/06/2010)
2010-12-07 46 0 ORDER re: 44 OBJECTIONS to Subpoena by William McHale. Court hereby ORDERS William McHale DISMISSED WITHOUT PREJUDICE. William McHale terminated. Signed by Chief Judge John Preston Bailey on 12/7/10. Copy mailed to pro se parties McHale, Smith & John Doe 6 by certified mail return receipt.(cwm) (Additional attachment(s) added on 12/7/2010: # 1 Certified Mail Receipt) (cwm). (Entered: 12/07/2010)
2010-12-07 47 0 ORDER denying as moot 42 Motion to Quash. Court hereby ORDERS B.J.Smith DISMISSED WITHOUT PREJUDICE. B.J. Smith terminated. Signed by Chief Judge John Preston Bailey on 12/7/10. Copy mailed to pro se parties Smith & John Doe 6 by certified mail return receipt.(cwm) (Additional attachment(s) added on 12/7/2010: # 1 Certified Mail Receipt) (cwm). (Entered: 12/07/2010)
2010-12-09 48 0 OBJECTIONS to Subpoena by Danny Warner. No mailing address provided. (Attachments: # 1 Envelope)(cwm) (Entered: 12/09/2010)
2010-12-09 49 0 OBJECTIONS to Subpoena by Brittnie Lowder received by facsimile in Chambers. No mailing address provided. (Attachments: # 1 Request and Authorization for YDY Travel - (sealed due to containing unredacted information); and # 2 Letter dated 12/7/10)(cwm) (Entered: 12/09/2010)
2010-12-10 50 0 RETURN RECEIPT from John Doe 6 as to 40 ORDER re: 37 OBJECTION NOTICE by Joseph Caramiello. SERVICE ACCEPTED on 12/7/10. (cwm) (Entered: 12/10/2010)
2010-12-10 51 0 MOTION to Quash Production Subpoena by B.J. Smith. (Attachments: # 1 Envelope)(cwm) (Entered: 12/10/2010)
2010-12-10 52 0 OBJECTIONS to Subpoena by John Doe - Burlington, WI. (Attachments: # 1 Envelope)(cwm) (Entered: 12/10/2010)
2010-12-10 53 0 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Original mailed to John Doe - Burlington, WI by certified mail return receipt. (cwm) Modified on 12/10/2010 to add party as pro se and regenerate NEF (cwm). (Additional attachment(s) added on 12/10/2010: # 1 Certified Mail Receipt) (cwm). (Entered: 12/10/2010)
2010-12-10 54 0 ORDER re: 48 OBJECTIONS to Subpoena by Danny Warner. Court hereby ORDERSDanny Warner DISMISSED WITHOUT PREJUDICE. Danny Warner terminated. Signed by Chief Judge John Preston Bailey on 12/10/10. No copy mailed because no address provided.(cwm) Modified on 12/14/2010 copy mailed to John Doe 6 and John Doe - Burlington, WV and NEF regenerated (cwm). (Entered: 12/10/2010)
2010-12-13 55 0 OBJECTIONS to to Subpoena by Brittnie Lowder received by facsimile in Chambers. (Attachments: # 1 Letter dated 12/7/10, # 2 Request and Authorization for TDY Travel (sealed due to containing unredacted information); (cwm) (Entered: 12/13/2010)
2010-12-13 56 0 RETURN RECEIPT for Joseph Caramiello as to 40 ORDER re: 37 OBJECTION NOTICE by Joseph Caramiello. SERVICE ACCEPTED on 12/6/10. (cwm) (Entered: 12/13/2010)
2010-12-13 57 0 RETURN RECEIPT for William McHale as to 46 ORDER re: 44 OBJECTIONS to Subpoena by William McHale. SERVICE ACCEPTED on 12/9/10. (cwm) (Entered: 12/13/2010)
2010-12-13 58 0 RETURN RECEIPT for Joseph Caramiello as to 38 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 12/8/10. (cwm) (Entered: 12/13/2010)
2010-12-13 59 0 RETURN RECEIPT for B.J. Smith and William McHale as to 43 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 12/8/10. (cwm) (Entered: 12/13/2010)
2010-12-13 60 0 ORDER the Court hereby ORDERS Brittnie Lowder DISMISSED WITHOUT PREJUDICE. Brittnie Lowder terminated. Lowders Motion to Stay 49 and Motion to Quash 55 are hereby DENIED AS MOOT. Signed by Chief Judge John Preston Bailey on 12/13/10. Copy mailed to pro se parties: John Doe 6, Brittnie Lowder and John Doe Burlington, WI by certified mail return receipt. (cwm) (Additional attachment(s) added on 12/13/2010: # 1 Certified Mail Return Receipt) (cwm). (Entered: 12/13/2010)
2010-12-13 61 0 OBJECTIONS to Subpoena by Vanessa Gordon. (Attachments: # 1 Envelope)(cwm) (Entered: 12/13/2010)
2010-12-13 63 0 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Originals mailed to pro se parties: V. Gordon and C. Wong by certified mail return receipt. (cwm) (Additional attachment(s) added on 12/13/2010: # 1 Certified Mail Return Receipt) (cwm). (Entered: 12/13/2010)
2010-12-13 64 0 MEMORANDUM in Opposition to Motion to Quash by Combat Zone, Inc. re 34 MOTION to Quash. (Ford, Kenneth) (Entered: 12/13/2010)
2010-12-14 65 0 OBJECTIONS to Subpoena by Aaron Walker. (Attachments: # 1 Email dated 12/3/10 and # 2 Envelope)(cwm) (Entered: 12/14/2010)
2010-12-14 66 0 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Original mailed to pro se party A. Walker by certified mail return receipt. (cwm) (Additional attachment(s) added on 12/14/2010: # 1 Certified Mail Return Receipt) (cwm). (Entered: 12/14/2010)
2010-12-14 67 0 OBJECTIONS to Subpoena by A.W. received by facsimile (cwm) (Entered: 12/14/2010)
2010-12-14 68 0 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. Original mailed to pro se party A.W. by certified mail return receipt. (cwm) (Additional attachment(s) added on 12/14/2010: # 1 Certified Mail Return Receipt) (cwm). (Entered: 12/14/2010)
2010-12-15 69 0 RETURN RECEIPT for John Doe 6 as to 38 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 12/10/10. (cwm) (Entered: 12/15/2010)
2010-12-15 70 0 RETURN RECEIPT for BJ Smith as to 47 ORDER denying as moot 42 Motion to Quash and 46 ORDER re: 44 OBJECTIONS to Subpoena by William McHale. SERVICE ACCEPTED on 12/13/10. (cwm) (Entered: 12/15/2010)
2010-12-16 71 0 ORDER denying as moot 51 Motion to Quash; denying as moot 62 Motion to Seal; denying as moot 6 Motion to Quash; and denying as moot 34 Motion to Quash. All defendants except Doe 1 are hereby SEVERED from this action. Civil Action No. 3:10-CV-95 SHALL BE assigned to John Doe No. 1 as an individual defendant. Signed by Chief Judge John Preston Bailey on 12/16/10. Copy mailed to all interested parties by certified mail, return receipt.(cwm) (Additional attachment(s) added on 12/16/2010: # 1 Certified Mail Return Receipt) (cwm). (Entered: 12/16/2010)
2010-12-17 72 0 RETURN RECEIPT as to 53 Notice (Other). SERVICE ACCEPTED on 12/13/2010. (tlg) (Entered: 12/17/2010)
2010-12-20 73 0 RETURN RECEIPT for Vanessa Gordon as to 71 Order on Motion to Quash. SERVICE ACCEPTED on 12/18/10. (cwm) (Entered: 12/20/2010)
2010-12-20 74 0 RETURN RECEIPT for John Doe 6 as to 47 ORDER denying as moot 42 Motion to Quash and 46 ORDER re: 44 OBJECTIONS to Subpoena by William McHale. SERVICE ACCEPTED on 12/17/10. (cwm) (Entered: 12/20/2010)
2010-12-20 75 0 RETURN RECEIPT for Vanessa Gordon as to 63 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 12/15/10. (cwm) (Entered: 12/20/2010)
2010-12-20 76 0 RETURN RECEIPT for A.W. as to 68 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED on 12/17/10. (cwm) (Entered: 12/20/2010)
2010-12-20 77 0 RETURN RECEIPT for John Doe 6 as to 60 ORDER the Court hereby ORDERS Brittnie Lowder DISMISSED WITHOUT PREJUDICE. SERVICE ACCEPTED on 12/17/10. (cwm) (Entered: 12/20/2010)
2010-12-21 78 0 RETURN RECEIPT for John Doe as to 60 ORDER the Court hereby ORDERS Brittnie Lowder DISMISSED WITHOUT PREJUDICE. SERVICE ACCEPTED on 12/18/10. (cwm) Modified on 12/21/2010 to correct date accepted and regenerate NEF (cwm). (Entered: 12/21/2010)
2010-12-21 79 0 RETURN RECEIPT for Aaron Walker as to 66 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. SERVICE ACCEPTED No Date Provided. (cwm) (Entered: 12/21/2010)
2010-12-23 80 0 RETURN RECEIPT for A.W. as to 71 Order on Motion to Quash. SERVICE ACCEPTED on 12/20/10. (cwm) (Entered: 12/23/2010)
2010-12-27 81 0 RETURN RECEIPT as to 63 Notice of General Guidelines. SERVICE ACCEPTED on 12/18/2010. (tlg) (Entered: 12/27/2010)
2010-12-27 82 0 RETURN RECEIPT as to 71 Order on Motion to Quash. SERVICE ACCEPTED on 12/21/2010. (tlg) (Entered: 12/27/2010)
2010-12-27 83 0 RETURN RECEIPT as to 71 Order on Motion to Quash. SERVICE ACCEPTED on 12/20/2010. (tlg) (Entered: 12/27/2010)
2010-12-27 84 0 RETURN RECEIPT as to 71 Order. SERVICE ACCEPTED on 12/23/2010. (tlg) (Entered: 12/27/2010)
2010-12-28 85 0 TRANSCRIPT of Proceedings in the HEARING ON THE MOTION TO QUASH SUBPOENAS held on 11/30/2010, before Judge James E. Seibert. Court Reporter/Transcriber Jennifer Vail-Kirkbride, Telephone number 304-233-0661 e-mail: Jennifer_Kirkbride@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days. Redaction Request due 1/18/2011. Redacted Transcript Deadline set for 1/28/2011. Release of Transcript Restriction set for 3/28/2011. (jvk) (Entered: 12/28/2010)
2011-01-10 86 0 NOTICE of Voluntary Dismissal by Combat Zone, Inc. (Ford, Kenneth) (Entered: 01/10/2011)
2011-01-13 87 0 RETURN RECEIPT for Aaron Walker as to 71 Order on Motion to Quash. SERVICE ACCEPTED on 1/10/11. (cwm) (Entered: 01/13/2011)
2011-03-25 88 0 Mail sent to Brittnie Lowder 60 Order. Returned - Attempted Not Known. (cwm) (Entered: 03/25/2011)