Case details

Court: cacd
Docket #: 2:12-cv-07385
Case Name: Ingenuity 13 LLC v. John Doe
PACER case #: 540997
Date filed: 2012-08-28
Date of last filing: 2012-10-10
Assigned to: Judge Otis D. Wright, II
Referred to: Magistrate Judge Jacqueline Chooljian
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Ingenuity 13 LLC
Plaintiff
Brett Langdon Gibbs
Prenda Law Inc 38 Miller Avenue Suite 263 Mill Valley, CA 94941 415-325-5900 Email: blgibbs@wefightpiracy.com
ATTORNEY TO BE NOTICED

John Doe
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-28 1 0 Complaint - (Discovery) COMPLAINT against Defendant John Doe. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity 13 LLC. [No Summons Issued on 8/28/12.] (et) (mg). (Entered: 08/29/2012) 2012-09-16 14:15:54 9b40846c64db8190a96055d631edd7434b77559c
2012-08-28 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity 13 LLC. (et) (mg). (Entered: 08/29/2012)
2012-08-28 3 0 Report on Filing of Copyright Action (Initial Notification) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ingenuity 13 LLC. (et) (Entered: 08/29/2012)
2012-08-28 4 0 Notice to Parties of Court-Directed ADR Program (ADR-8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/29/2012)
2012-08-29 5 0 Initial Order upon Filing of Complaint INITIAL STANDING ORDER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischer's Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. (dp) (Entered: 08/29/2012)
2012-08-31 6 0 E-mail/Telephone Notification Re Local Rule 3-2 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 8/31/12 addressed to blgibbs@wefightpiracy.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for further proceedings. (mg) (Entered: 08/31/2012)
2012-09-06 7 0 Minutes of In Chambers Order/Directive - Local Rule 3-2 compliance MINUTES OF (IN CHAMBERS) ORDER TO COMPLY WITH LOCAL RULE 3-2 held before Judge Audrey B. Collins: PLAINTIFF is reminded that all manually filed civil initiating documents shall be e-mailed to the Court within 24 hours of their filing with the Court in PDF format only. PLAINTIFF is hereby ordered to e-mail PDF copies of the CERTIFICATION AND NOTICE OF INTERESTED PARTIES to the Civil Intake e-mail address for the appropriate Court Division within 24 hours of the issuance of this order. Failure to do so will result in a hearing before this Court and imposition of sanctions pursuant to Local Rule 83-7(a). (mg) (Entered: 09/06/2012)
2012-09-07 8 0 PDF Document(s) Received Re Local Rule 3-2 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 9/6/12: Certification and Notice of Interested Parties. (mg) (Entered: 09/07/2012)
2012-09-07 9 0 PDF Document(s) Attached Re Local Rule 3-2 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 9/7/12: Certification and Notice of Interested Parties. (mg) (Entered: 09/07/2012)
2012-09-11 10 0 Ex Parte Applicaton for Leave re Discovery re Discovery EX PARTE APPLICATION for Leave to Take Expedited Discovery filed by Plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit A - Declaration of Peter Hansemeier in Support of Plaintiff's Application, # 2 Exhibit B - ISP Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 09/11/2012)
2012-09-18 11 0 Order on Ex Parte Application for Leave re Discovery Matter ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY by Magistrate Judge Frederick F. Mumm: NOTE CHANGES MADE BY COURT: granting 10 Ex Parte Application for Leave : (see attached) (jm) (Entered: 09/19/2012)
2012-10-10 12 0 224 Transfer Pursuant to GO 08-05 DECLINED- (related case)(CV 34) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge George H. King, for the reasons set forth on this order. Related Case No. CV 12-06635 GHK(RZx) (rn) (Entered: 10/10/2012) 2012-10-23 20:00:53 97e024fcffb0d66f093eddf4de90e0df83febad9
2012-12-03 13 0 NOTICE of Related Case(s) filed by Putative John Doe John Doe. Related Case(s): 2:12-cv-05709-ODW-JC; 2:12-cv-06635-GHK-RZ; 2:12-cv-06660-GAF-AGR; 2:12-cv-07385-DSF-FFM; 2:12-cv-07386-DMG-JEM; 2:12-cv-08322-DMG-PJW; 2:12-cv-08333-DMG-PJW (Attachments: # 1 Appendix 1 - Letter Filed by Counsel for Alan Cooper in District of Minnesota, # 2 Appendix 2 - Transcript of Prenda Hearing in Middle District of Florida, # 3 Appendix 3 - Table of Related Ingenuity 13 and AF Holdings Cases in Central District of California)(Pietz, Morgan) (Entered: 12/03/2012)
2012-12-07 14 0 RESPONSE filed by Plaintiff Ingenuity 13 LLCto Notice of Related Case(s), Notice of Related Case(s), Notice of Related Case(s) 13 (Gibbs, Brett) (Entered: 12/07/2012)
2012-12-10 15 0 NOTICE of Related Case(s) filed by Putative John Doe in 2:12-cv-8333-DMG-PJW John Doe. John Doe's Supplement to Notice of Related Cases (Attachments: # 1 Exhibit A - Sworn Affidavit of Alan Cooper, # 2 Exhibit B - Meet and Confer Emails re Alan Cooper)(Pietz, Morgan) (Entered: 12/10/2012)
2012-12-14 16 0 RESPONSE filed by Plaintiff Ingenuity 13 LLCto Notice of Related Case(s), Notice of Related Case(s) 15 TO SUPPLEMENT TO NOTICE OF RELATED CASES (Gibbs, Brett) (Entered: 12/14/2012)
2012-12-17 17 0 NOTICE OF MOTION AND MOTION for Sanctions Attorney Morgan Pietz filed by plaintiff Ingenuity 13 LLC. Motion set for hearing on 1/28/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order)(Gibbs, Brett) (Entered: 12/17/2012)
2012-12-19 18 0 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-05709 ODW(JCx). Case transferred from Judge Dale S. Fischer and Magistrate Judge Frederick F. Mumm to Judge Otis D Wright, II and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-07385 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
2012-12-20 19 0 ORDER VACATING PRIOR EARLY DISCOVERY ORDERS AND ORDER TO SHOW CAUSE by Judge Otis D Wright, II: This copyright infringement case filed by Plaintiff Ingenuity 13 LLC has been transferred to this Court. The Court hereby VACATES any prior order in this case allowing for the issuance of a Rule 45 subpoena prior to a Rule 26(f) scheduling conference. The Court also orders Ingenuity 13 to cease its discovery efforts relating to or based on information obtained through any above mentioned Rule 45 subpoenas Ingenuity 13s previously issued subpoenas in this case are hereby QUASHED. Within 3 days of this order, Ingenuity 13 must serve a copy of this order to all parties it subpoenaed in this case. Further, Ingenuity 13 must submit a discovery status report detailing its discovery efforts in this case with respect to identifying or locating the Doe Defendant by December 31, 2012. This report must name all persons Ingenuity 13 TO SHOW CAUSE in writing by December 31, 2012, why early discovery is warranted in this situation. No appearances are necessary. Under Ninth Circuit precedent, a plaintiff should ordinarily be allowed discovery to uncover their identities, but discovery may be denied if it is (1) clear that discovery would not uncover the identities, or (2) that the complaint would be dismissed on other grounds. Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). Ingenuity 13 must demonstrate to the Court, in light of the Courts above discussion, how it would proceed to uncover the identity of the actual infringer once it has obtained subscriber information given that the actual infringer may be a person entirely unrelated to the subscriber while also considering how to minimize harassment and embarrassment of innocent citizens. Ingenuity 13 must also explain how it can guarantee to the Court that any such subscriber information would not be used to simply coerce a settlement from the subscriber (the easy route), as opposed to finding out who the true infringer is (the hard route).Ingenuity 13s discovery status report and response to this Order to Show Cause should be filed only in case no. 2:12-cv-6662-ODW(JCx), and should be combined with the discovery status reports and responses for the related Ingenuity 13 cases. Failure to timely comply with this order will result in the dismissal of this case (lc) (Entered: 12/21/2012)
2012-12-21 20 0 ORDER by Judge Otis D Wright, II: denying 17 plaintiffs Motion for Sanctions against Attorney Morgan Pietz. (lc) (Entered: 12/21/2012)
2012-12-31 21 0 NOTICE OF MOTION AND MOTION to Disqualify Judge Hon. Judge Otis D. Wright, II filed by plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Gibbs, Brett) (Entered: 12/31/2012)
2013-01-02 22 0 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72-5 MOTION to Disqualify Judge Hon. Judge Otis D. Wright, II 21 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-15 23 0 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 21 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-28 24 0 ORDER TO SHOW CAUSE RE LACK OF SERVICE by Judge Otis D. Wright, II: Plaintiff is hereby ORDERED TO SHOW CAUSE why Defendant has not been timely served. Plaintiff has 7 days to comply with this order; or if Defendant have been served, Plaintiff has 7 days to file the proof of service. Failure to respond will result in dismissal of this action. (lc) (Entered: 01/28/2013) 2013-01-29 07:15:26 2c138ccca783396409de118c6106e7cc04504e50
2013-01-28 25 0 NOTICE of Voluntary Dismissal filed by plaintiff Ingenuity 13 LLC. Dismissal is without prejudice. (Gibbs, Brett) (Entered: 01/28/2013)