Case details

Court: moed
Docket #: 4:13-cv-00576
Case Name: Elf-Man, LLC v. Does 1-17
PACER case #: 125999
Date filed: 2013-03-27
Date of last filing: 2013-05-06
Assigned to: District Judge Rodney W. Sippel
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Elf-Man, LLC
Plaintiff
Matthew L. Cutler
HARNESS AND DICKEY 7700 Bonhomme Suite 400 St. Louis, MO 63105 314-726-7500 Fax: 314-726-7501 Email: Litsupport@hdp.com
ATTORNEY TO BE NOTICED

Does 1-17
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-27 1 0 Complaint COMPLAINT against defendant All Defendants with receipt number 0865-3742754, in the amount of $350 Jury Demand,, filed by Elf-Man, LLC. (Attachments: # (1) Exhibit A-Certificate of Registration, # (2) Exhibit B-Spreadsheet, # (3) Summons, # (4) Civil Cover Sheet, # (5) Original Filing Form, # (6) Notice of Intent to Use Process Server)(Cutler, Matthew) 2013-05-03 22:10:07 4418404d08d9b52c854765b6920a69419a370c3b
1 1 Exhibit A-Certificate of Registration 2013-05-03 22:12:12 118bdb998b585ed026a4a20699c61393c1f62f15
1 2 Exhibit B-Spreadsheet 2013-05-16 14:01:08 d2fff4cc600af4392dae6557da9f3808b1984408
1 3 Summons 2013-05-16 14:04:09 58573422ac036eed3228de2f5055d4da241cc00d
1 4 Civil Cover Sheet
1 5 Original Filing Form
1 6 Notice of Intent to Use Process Server
2013-03-27 2 0 Disclosure of Corporation Interests Certificate DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Elf-Man, LLC. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Cutler, Matthew)
2013-03-27 3 0 Motion for Leave to MOTION for Leave to take Discovery Prior to Rule 26(f) Conference by Plaintiff Elf-Man, LLC. (Cutler, Matthew)
2013-03-27 4 0 Declaration DECLARATION filed by Plaintiff Elf-Man, LLC re [3] MOTION for Leave to take Discovery Prior to Rule 26(f) Conference . (Attachments: # (1) Exhibit A-Certificate of Registration, # (2) Exhibit B-Spreadsheet)(Cutler, Matthew)
2013-03-27 5 0 Report re:Patent/Trademark/Copyright REPORT to Commissioner of filing or determination of an action regarding Copyright. (Attachments: # (1) Complaint, # (2) Exhibit to Complaint) (SAJ)
2013-04-17 6 0 CJRA Order CJRA ORDER (jgw). Judge Magistrate Judge Nannette A. Baker termed. Case reassigned to Judge District Judge Rodney W. Sippel for all further proceedings (CEL)
2013-05-03 7 0 Notice (Other) NOTICE Filing: by Plaintiff Elf-Man, LLC re [3] MOTION for Leave to take Discovery Prior to Rule 26(f) Conference (Attachments: # (1) Exhibit 1-Proposed Order)(Samuels, Joel)
2013-05-03 8 0 Notice (Other) NOTICE filing (corrected version): by Plaintiff Elf-Man, LLC re [3] MOTION for Leave to take Discovery Prior to Rule 26(f) Conference (Attachments: # (1) Exhibit 1-Proposed Order)(Samuels, Joel)
2013-05-06 9 0 Order ORDER:IT IS HEREBY ORDERED that plaintiffs motion for leave to take discovery prior to rule 26(f) conference #[3] is GRANTED. IT IS FURTHER ORDERED that, subject to the Protective Order set out herein, no later than May 31, 2013 plaintiff may serve discovery on the third party Internet Service Providers (ISP) identified in Exhibit B to plaintiffs declaration in support of its motion in order to obtain the identify of each Doe defendant by serving a subpoena pursuant to Fed. R. Civ. P. 45 that seeks documents that identify each Doe defendant, including the name, current (and permanent) addresses, e-mail addresses, and Media Access Control addresses for each defendant. The disclosure of this information is consistent with the ISPs obligations under the Cable Service Privacy Act, 47 U.S.C. ยง 551(c)(2)(B), which provides: (2) A cable operator may disclose [personally identifiable] information if the disclosure is (B) subject to subsection (h) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed. IT IS FURTHER ORDERED that, not later than June 10, 2013, the third party ISPs shall serve Does 117 with a copy of the Rule 45 subpoena and a copy of this order. The ISPs may serve Does 117 using any reasonable means, including written notice sent to his or her last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that, not later than August 19, 2013, Does 117 may file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously (the motion period). The ISPs shall not turn over any Doe defendants identifying information to plaintiff Elf-Man, LLC prior to the expiration of this motion period. If a Doe defendant or ISP files a motion to quash or otherwise challenges the subpoena, the ISPs shall not turn over to plaintiff any information relating to such moving party until the issues have been addressed and the Court issues an order instructing the ISPs to turn over the requested discovery. IT IS FURTHER ORDERED that plaintiff shall have to and including September 2, 2013, by which to file its brief(s) in response to any Doe motions. Any reply briefs shall be filed by the moving Doe defendants no later than September 9, 2013. IT IS FURTHER ORDERED that the ISPs shall have to and including July 26, 2013, by which to produce to plaintiff Elf-Man, LLC the information responsive to the subpoena as to any non-moving Doe defendant(s) only. IT IS FURTHER ORDERED that 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 their respective contact information to plaintiff until the Court rules on any such motions. IT IS FURTHER ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash. IT IS FURTHER ORDERED that any information disclosed to plaintiff in response to the Rule 45 subpoena may be used by plaintiff solely for the purpose of protecting its rights under the Copyright Act as set out in the Complaint in this cause. IT IS FURTHER ORDERED that each Rule 45 subpoena served upon a third party ISP pursuant to this order shall have a copy of this order attached. Signed by District Judge Rodney W. Sippel on 5/6/2013. (RAK)