| Court: | nysd |
| Docket #: | 1:14-cv-10155 |
| Case Name: | In re: Malibu Media, LLC Copyright Infringement Litigation |
| PACER case #: | 436673 |
| Date filed: | 2014-12-29 |
| Date of last filing: | 2015-12-01 |
| Assigned to: | Judge Katherine B. Forrest |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media, LLC Plaintiff |
Jacqueline Marie James Emilie Marie Kennedy |
| John Doe Consolidated Defendant subscriber assigned IP address 184.153.88.94 |
Justin Harry Ryann Mercer |
| John Doe Consolidated Defendant subscriber assigned IP address 184.153.88.94 |
|
| Verizon Online LLC Interested Party |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-12-29 | 1 | 0 | Complaint | COMPLAINT against John Doe. (Filing Fee $ 350.00, Receipt Number 465407010284)Document filed by Malibu Media, LLC. (Attachments: # 1 Complaint Part 2)(moh) (Entered: 01/06/2015) | 2015-03-27 12:15:40 | 507f1b55a2532e9ebf1c35882e46bf47d8272af3 |
| 1 | 1 | Complaint Part 2 | 2015-09-27 01:23:52 | c412105cd158825fe5ae1051a5ddca59d86af6cb | ||
| 2014-12-29 | 2 | 0 | Civil Cover Sheet | CIVIL COVER SHEET filed. (moh) (Entered: 01/06/2015) | ||
| 2015-01-22 | 3 | 0 | Rule 7.1 Corporate Disclosure Statement | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 01/22/2015) | ||
| 2015-01-22 | 4 | 0 | Statement of Relatedness | RELATED CASE AFFIRMATION of Jacqueline M. James re: that this action be filed as Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 01/22/2015) | 2015-10-07 13:25:04 | 6e9f7842585ad0fcb148ac620debc2a4d8375cc7 |
| 2015-01-26 | 5 | 0 | Order | ORDER: Plaintiff shall immediately serve a copy of this Order on the Internet Service Provider ("ISP") Verizon FiOS, as identified by plaintiff in Exhibit A of their complaint. Verizon FiOS shall in turn serve a copy of this Order on the John Doe defendant in the form of a "notice letter." Verizon FiOS may serve the John Doedefendant using any reasonable means. The notice letter shall be sent by Verizon FiOS promptly following the date printed on the notice letter. Plaintiff shall inform the Court by February 6, 2015 whether they have received the John Doe defendants identifying information from Verizon FiOS. Plaintiff shall not inform the court of the identity of the John Doe defendant nor should plaintiff so indicate that identity on any public filings. The John Doe defendant shall have 30 days from the date of service of the notice letter upon him or her to file any motion with this Court requesting to litigate anonymously. The John Doe defendant may do so by identifying himself with his IP address only. Verizon FiOS shall not turn over the John Doe defendant's identifying information to plaintiff, if they have not already done so, before the expiration of this 30-day period. If Verizon FiOS is notified by the John Doe defendant that they have submitted a request to proceed anonymously, Verizon FiOS shall not disclose the subscriber's personal information until the Court rules on the motion. If plaintiff learns the identifying information for the John Doe defendant prior to the expiration of this 30-day period, they shall not identify the John Doe defendant on any filings until after the expiration of the 30-day period, and if defendant submits a request to proceed anonymously, plaintiff shall identify the John Doe defendant only by his or her IP address on any filings until the Court rules on the motion. Any information ultimately disclosed to plaintiff may be used by plaintiff solely for the purpose of protecting their rights as set forth in the complaint in this action. (Signed by Judge Katherine B. Forrest on 1/26/2015) (tro) (Entered: 01/26/2015) | 2015-03-27 11:56:54 | 62d66e139373dcbb0952b9787970ef2251ea030d |
| 2015-02-06 | 6 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from Jacqueline M. James dated 2/6/15 re: 14-cv-10155 Status Report. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 02/06/2015) | ||
| 2015-02-09 | 7 | 0 | Memo Endorsement | MEMO ENDORSEMENT on re: 6 Letter filed by Malibu Media, LLC. I am writing to inform you that we have yet to receive a response from Verizon with the John Doe's identifying information We expect to receive the information on April 3, 2015. We served Verizon with the subpoena on February 3. 2015. ENDORSEMENT: Advise the Court of the status on or before April 15, 2015. (Signed by Judge Katherine B. Forrest on 2/9/2015) (spo) (Entered: 02/09/2015) | ||
| 2015-03-23 | 8 | 0 | Order | ORDER: Finding that the above-captioned actions involve common questions of law and fact, IT IS HEREBY ORDERED that, pursuant to Rule 42 of the Federal Rules of Civil Procedure, the Clerk of Court shall consolidate them for discovery and other pre-trial purposes under Case No. 14-cv-10155. This Court has not decided whether the individual actions will proceed as consolidated beyond the pre-trial phase and will not require plaintiff to submit a consolidated complaint at this time. All future filings in these actions are to be filed in the docket for Case No. 14-cv-10155 and shall be captioned "IN RE MALIBU MEDIA, LLC COPYRIGHT INFRINGEMENT LITIGATION." 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 and that the ISPs shall serve a copy of this Order on each John Doe defendant in the form of a "notice letter." (Signed by Judge Katherine B. Forrest on 3/23/2015) Filed In Associated Cases: 1:14-cv-10155-KBF, 1:15-cv-01873-KBF(kko) (Entered: 03/23/2015) | 2015-03-27 12:01:07 | 5a3b9fbc77d1a7ea643c4d925631b1b78f0dce65 |
| 2015-04-02 | 9 | 0 | Order | ORDER: On March 30, 2015, plaintiff filed a Notice of Related Cases, asking that 123 cases it has filed in this District be deemed related on the grounds that they involve the same plaintiff and nearly identical allegations and claims against John Doe defendants. (15-cv-1873 ECF No. 6.) Rule 13(a)(2) of the Local Rules for the Southern and Eastern Districts of New York clearly states that "Civil cases shall not be deemed related merely because they involve common legal issues or the same parties." Accordingly, the Court declines to deem any additional cases to be related to those listed in the caption above. (Signed by Judge Katherine B. Forrest on 4/2/2015) Filed In Associated Cases: 1:14-cv-10155-KBF, 1:15-cv-01873-KBF(lmb) (Entered: 04/03/2015) | 2015-04-17 15:31:53 | a03ba4b3859b3db3fcddc94f50b38d0f153ac47e |
| 2015-04-17 | 10 | 0 | Order | ORDER: On February 9, 2015, the Court ordered plaintiff to advise the Court of the status of 14-cv-10155 on or before April 15, 2015. The Court has not received a status letter. Plaintiff shall submit such a letter not later than April 21, 2015. (Signed by Judge Katherine B. Forrest on 4/17/2015) Filed In Associated Cases: 1:14-cv-10155-KBF, 1:15-cv-01873-KBF(lmb) (Entered: 04/20/2015) | ||
| 2015-04-21 | 11 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Justin Harry Ryann Mercer on behalf of John Doe. (Mercer, Justin) (Entered: 04/21/2015) | ||
| 2015-04-21 | 12 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from Jacqueline M. James dated April 21, 2015 re: Status Report. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 04/21/2015) | ||
| 2015-04-22 | 13 | 0 | Memo Endorsement | MEMO ENDORSEMENT on re: 12 Letter filed by Malibu Media, LLC. ENDORSEMENT: The parties shall appear for a telephonic IPTC on 5/1/15 at 10:00 AM. Parties to call (212) 805-0276 on a single line., ( Initial Conference set for 5/1/2015 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/22/2015) (lmb) (Entered: 04/22/2015) | ||
| 2015-04-27 | 14 | 0 | Waiver of Service Executed | WAIVER OF SERVICE RETURNED EXECUTED. Malibu Media, LLC waiver sent on 4/24/2014, answer due 6/23/2014. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 04/27/2015) | ||
| 2015-04-27 | 15 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from Jacqueline M. James dated April 27, 2015 re: Telephonic Conference Reset To May 6, 2015. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 04/27/2015) | ||
| 2015-04-28 | 16 | 0 | Memo Endorsement | MEMO ENDORSEMENT on re: 15 Letter re: Telephonic Conference Reset To May 6, 2015, filed by Malibu Media, LLC. ENDORSEMENT: Application granted. (Initial Conference set for 5/6/2015 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/28/2015) (kko) (Entered: 04/28/2015) | ||
| 2015-04-30 | 17 | 0 | Order for Initial Pretrial Conference | ORDER: In light of the Court's schedule, the telephonic initial pretrial conference scheduled for Wednesday, May 6, 2015 at 2:00 p.m. is hereby rescheduled to 12:30 p.m. that same day. Initial Conference set for 5/6/2015 at 12:30 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 4/30/2015) Filed In Associated Cases: 1:14-cv-10155-KBF, 1:15-cv-01873-KBF(tn) (Entered: 04/30/2015) | ||
| 2015-05-05 | 18 | 0 | Motion for Conference | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Requesting A Preservation Order addressed to Judge Katherine B. Forrest from Jacqueline M. James dated May 5, 2015. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(James, Jacqueline) Modified on 5/6/2015 (db). (Entered: 05/05/2015) | ||
| 2015-05-06 | 19 | 0 | Motion for Local Rule 37.2 Conference | LETTER MOTION for Local Rule 37.2 Conference for leave to proceed anonymously addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated May 6, 2015. Document filed by John Doe. (Attachments: # 1 Text of Proposed Order)(Mercer, Justin) (Entered: 05/06/2015) | ||
| 2015-05-07 | 20 | 0 | Order on Motion for Local Rule 37.2 Conference | ORDER granting 19 Letter Motion for Local Rule 37.2 Conference. Accordingly, the request to proceed anonymously is GRANTED. The practical effect of this Order is as follows: 1. In all public filings, John Doe (subscriber assigned IP address 108.30.247.86) will be identified as such or by IP address only (until further order of this Court); and 2. The identity of John Doe (subscriber assigned IP address 108.30.247.86) will be known only to plaintiff, counsel for defendant, and this Court. (Signed by Judge Katherine B. Forrest on 5/7/2015) (lmb) (Entered: 05/07/2015) | ||
| 2015-05-07 | 21 | 0 | Order | ORDER: As discussed during the telephonic status conference on May 6, 2015, in the 14-cv-10155 action: 1. Plaintiff's motion for a preservation order (ECF No. 18) is DENIED. Defendant and plaintiff shall confer on the number of devices at issue and how to preserve them. 2. The schedule in this action shall be as follows: a. A telephonic status conference is scheduled for July 31, 2015 at 9:30 a.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. b. Discovery shall close on September 30, 2015. c. Final motions for summary judgment shall be briefed according to the following schedule: i. Opening: due not later than September 30, 2015. ii. Opposition: due not later than October 20, 2015. iii. Reply: due not later than October 27, 2015. d. Pretrial materials, including the Joint Pretrial Order ("JPTO"), are due November 25, 2015. e. The final pretrial conference ("FPTC") is set for December 2, 2015 at 1:00 p.m. i. Motions in limine are due two weeks before FPTC; oppositions are due one week later. Daubert motions are due four weeks before FPTC; oppositions are due two weeks later. (No replies.) f. Trial in this matter shall commence on December 7, 2015. 3. Settlement discussion must occur in parallel with this litigation schedule. 4. The Court is unlikely to adjourn the trial date. The Clerk of Court is directed to close the motion at ECF No. 18., ( Discovery due by 9/30/2015., Motions due by 9/30/2015., Pretrial Order due by 11/25/2015., Responses due by 10/20/2015., Replies due by 10/27/2015.), ( Final Pretrial Conference set for 12/2/2015 at 01:00 PM before Judge Katherine B. Forrest., Telephone Conference set for 7/31/2015 at 09:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/7/2015) Filed In Associated Cases: 1:14-cv-10155-KBF, 1:15-cv-01873-KBF(lmb) (Entered: 05/07/2015) | ||
| 2015-06-11 | 22 | 0 | Notice of Voluntary Dismissal - Signed | PLAINTIFF'S NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE OF JOHN DOE: PLEASE TAKE NOTICE, Plaintiff has settled this matter with John Doe ("Defendant"). Pursuant to the settlement agreement's terms, Plaintiff hereby voluntarily dismisses Defendant from Civil Action No. 1: 15-cv-01873-KBF with prejudice. John Doe was assigned the IP Address 184.153.88.94. Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) Defendant John Doe has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. Consistent herewith Plaintiff consents to the Court having Civil Action No. 1:15-cv- 01873-KBF closed for administrative purposes. So ordered. The Clerk of Court shall terminate civ. # 15 cv 1873. (Signed by Judge Katherine B. Forrest on 6/11/2015) (lmb) (Entered: 06/11/2015) | ||
| 2015-06-22 | 23 | 0 | Answer to Complaint | ANSWER to 1 Complaint. Document filed by John Doe.(Mercer, Justin) (Entered: 06/22/2015) | ||
| 2015-07-15 | 24 | 0 | Motion for Conference | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Conference requesting entry of confidentiality order addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated July 14, 2015. Document filed by John Doe. (Attachments: # 1 Text of Proposed Order)(Mercer, Justin) Modified on 7/20/2015 (db). (Entered: 07/15/2015) | ||
| 2015-07-20 | 25 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated July 14, 2015 re: request for entry and to so-order protective order. Document filed by John Doe. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order)(Mercer, Justin) (Entered: 07/20/2015) | ||
| 2015-07-20 | 26 | 0 | Protective Order | PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 7/20/2015) (lmb) (Entered: 07/20/2015) | ||
| 2015-07-31 | 27 | 0 | Order | ORDER: As discussed during the telephonic status conference on July 31, 2015: 1. All discovery, including expert discovery, shall close on Wednesday, September 30, 2015. 2. Defendant shall respond to plaintiff's discovery letter not later than Tuesday, August 4, 2015. 3. The parties shall proceed with depositions forthwith. 4. The parties shall meet and confer regarding an expert disclosure schedule not later than Friday, August 7, 2015. If the parties are unable to agree, they must inform the Court and the Court will set dates for the expert disclosure schedule. 5. The Court indicated that a speedy summary judgment motion may be appropriate if no further evidence of infringement is forthcoming. 6. A telephonic status conference is scheduled for October 23, 2015 at 9:30 a.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. ( Discovery due by 9/30/2015., Expert Discovery due by 9/30/2015., Telephone Conference set for 10/23/2015 at 09:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/31/2015) (mro) (Entered: 07/31/2015) | 2015-09-03 15:02:40 | 97d9d44ec2623f38f50b7d6890f6a467cadd3948 |
| 2015-09-02 | 28 | 0 | Motion for Local Rule 37.2 Conference | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference for Protective Order addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 9/2/2015. Document filed by John Doe.(Mercer, Justin) Modified on 9/3/2015 (db). (Entered: 09/02/2015) | 2015-09-03 15:09:14 | c14456a03d8924f59ee30c6583ac41e0c0e69c58 |
| 2015-09-03 | 29 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 9/2/2015 re: request for protective order. Document filed by John Doe.(Mercer, Justin) (Entered: 09/03/2015) | 2015-09-03 15:21:15 | ac42367c080cc0d71a4923e0b4f6bb85e4c5b333 |
| 2015-09-09 | 30 | 0 | Motion for Discovery | MOTION for Discovery On ISP Pursuant to Rule 26(b)(1). Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(James, Jacqueline) (Entered: 09/09/2015) | 2015-09-10 03:04:57 | 3c08c952dd0c6662319dec371d9c85673a490362 |
| 30 | 1 | Text of Proposed Order | ||||
| 30 | 2 | Exhibit | ||||
| 2015-09-10 | 31 | 0 | Motion for Discovery | LETTER MOTION for Discovery Compel Discovery, Set Expert Exchange Date and Schedule A Hearing Re: Defendant's Refusal to Complete Discovery addressed to Judge Katherine B. Forrest from Jacqueline M. James dated September 10, 2015. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 09/10/2015) | 2015-09-10 22:26:39 | 5a845575e2b9586f826a725adb94dc01f6623568 |
| 2015-09-10 | 32 | 0 | Motion for Conference | LETTER MOTION for Conference Request A Hearing addressed to Judge Katherine B. Forrest from Jacqueline M. James dated September 10, 2015. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 09/10/2015) | 2015-09-11 02:24:42 | 87635ce56d4bad848c85b18ff0ed7882dbbe1398 |
| 2015-09-11 | 33 | 0 | Order | ORDER: The Court is in receipt of defendant's September 2, 2015 letter requesting entry of a protective order and plaintiff's September 10, 2015 opposition. (ECF Nos. 29, 31.) It is hereby ordered that plaintiff shall submit by email to forrestnysdchambers@nysd.uscourts.gov and to opposing counsel a transcript of defendant's deposition by 5:00pm today, September 11, 2015. (Signed by Judge Katherine B. Forrest on 9/11/2015) (lmb) (Entered: 09/11/2015) | 2015-09-11 21:46:46 | b4efec8068f6eabc03661257bf9027a45e3e46a5 |
| 2015-09-11 | 34 | 0 | Order on Motion for Discovery | ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF AN ORDER AUTHORIZING PLAINTIFF TO SERVE A THIRD PARTY SUBPOENA ON VERIZON AND AUTHORIZING VERIZON TO RELEASE CERTAIN SUBSCRIBER INFORMATION ABOUT DEFENDANT: granting 30 Motion for Discovery. Plaintiff's Motion is granted. Plaintiff is permitted to serve a third party subpoena on Verizon and Verizon may release certain subscriber information about Defendant as outlined in Plaintiff's Motion. This Order does not deprive or eliminate any objections Verizon may have with the exception of an objection that court order is required per 47 U.S.C.A 551. (Signed by Judge Katherine B. Forrest on 9/11/2015) (lmb) (Entered: 09/11/2015) | 2015-09-11 21:55:41 | fafdd421870d8a88bbe73ed6e46a971c9e6e2e92 |
| 2015-09-14 | 35 | 0 | Order on Motion for Conference | ORDER denying 32 Letter Motion for Conference Request A Hearing addressed to Judge Katherine B. Forrest from Jacqueline M. James dated September 10, 2015. The Court is in receipt of the parties' joint request for a telephonic hearing. (ECF No. 32.) The motion for a hearing is DENIED. The Court does not believe that a conference is necessary at this time as the Court intends to issue a ruling on the outstanding discovery disputes based on the parties' written submissions. The Clerk of Court is directed to close the motion at ECF No. 32. (Signed by Judge Katherine B. Forrest on 9/14/2015) (kko) (Entered: 09/14/2015) | 2015-09-14 15:21:54 | 4e02c8aa8633cea0788609b2e5a9f92d2e259636 |
| 2015-09-14 | 36 | 0 | Order on Motion for Discovery | ORDER granting in part and denying in part 31 Letter Motion for Discovery Compel Discovery, Set Expert Exchange Date and Schedule A Hearing Re: Defendant's Refusal to Complete Discovery. Ordered. 1. Protective order granted. Plaintiff may not subpoena neighbors or defendant's significant other based on the current record. As to the neighbors, Plaintiff would be engaged on a fishing expedition and/or harassment of defendant (by way of causing embarrassment/humiliation). The issue in this is case is did this defendant download plaintiff's works -- not anyone living in the apartments nearby. As to defendant's significant other, the Court has read the transcript of the deposition. The testimony is that any use by this woman was on defendant's computer. There is no evidence that the computer has or had any of plaintiff's copyrighted works that I can see -- thus, whether the girlfriend used the computer is irrelevant. 2. If there is a forensic report/evidence suggesting deletion (or other admissible evidence), the issue of the girlfriend/significant other may be revisited (depending on possible time/data of deletion). At this point, this deposition appears to be harassment and at least outweighed by such considerations. 3. The continued deposition of defendant is disallowed. The deposition went on long enough. The Court notes the last series of questions were entirely irrelevant. (Signed by Judge Katherine B. Forrest on 9/14/2015) (kko) (Entered: 09/14/2015) | 2015-09-14 11:01:49 | 9db78670e750616f35b3bc5d3896475de2469b84 |
| 2015-09-14 | 37 | 0 | Notice (Other) | NOTICE of of Intention to File Motion for Sanctions due to Defendant's Perjury and Spoliation of Evidence. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 09/14/2015) | 2015-09-14 18:40:19 | a0f223f92c8164363b7900c78651c65ef0474d60 |
| 2015-09-22 | 38 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from Jacqueline M. James dated September 22, 2015 re: Plaintiff's Motion for Sanctions. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 09/22/2015) | 2015-09-22 23:31:53 | c0a444b71448b372c3d81a2e53f9d52f54d97bde |
| 2015-09-22 | 39 | 0 | Motion for Sanctions | MOTION for Sanctions . Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 09/22/2015) | 2015-09-22 23:38:29 | 5ae2c463e64cb0c5a5b6dd70f05175db5dad0cdc |
| 2015-09-22 | 40 | 0 | Declaration | DECLARATION of Jacqueline M. James re: 39 MOTION for Sanctions . . Document filed by Malibu Media, LLC. (Attachments: # ***STRICKEN ATTACHMENT. Deleted document number 40 -1 from the case record. The document was stricken from this case pursuant to 42 Order Striking Document from Record. (1) Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(James, Jacqueline) Modified on 9/28/2015 (tro). Modified on 9/28/2015 (tro). (Entered: 09/22/2015) | 2015-09-23 20:41:38 | b18578f8d2a1135bc907276bac1c11a5892ee6bf |
| 40 | 1 | Exhibit A | 2015-09-23 20:51:59 | e0560fbbb9ded6e65f137df1c1fd3cc245e9d22d | ||
| 40 | 2 | Exhibit B | ||||
| 40 | 3 | Exhibit C | ||||
| 40 | 4 | Exhibit D | ||||
| 2015-09-25 | 41 | 0 | Order | ORDER: The Court is in receipt of plaintiff's motion for sanctions. (ECF No. 39.) The Court believes that an evidentiary hearing may be necessary on this issue. Therefore, the parties should hold open their calendars on December 11, 2015 from 1:00 p.m. to 5:00 p.m. and inform any witnesses that they may wish to call that the Court anticipates holding a hearing on this date. In light of plaintiff's motion, the Court will reschedule the trial date as necessary following resolution of the sanctions motion. (As further set forth in this Order), ( Evidentiary Hearing set for 12/11/2015 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/25/2015) (lmb) (Entered: 09/25/2015) | ||
| 2015-09-28 | 42 | 0 | Order Striking Document from Record | ORDER STRIKING DOCUMENT FROM RECORD....that Document No. [40-1] is stricken from the record. The Court hereby directs the Clerk of Court to strike the document at ECF No. 40-1 from the docket. Plaintiff is directed to re-file a redacted version of that document. (Signed by Judge Katherine B. Forrest on 9/28/2015) (tro) (Entered: 09/28/2015) | 2015-09-28 16:17:16 | a3aa0e5f43893848265659a9ece1b033f60c6739 |
| 2015-09-29 | 43 | 0 | Notice (Other) | NOTICE of Verified Notice. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 09/29/2015) | ||
| 2015-09-30 | 44 | 0 | Motion for Extension of Time | MOTION for Extension of Time Limited Discovery Unopposed. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 09/30/2015) | 2015-10-13 18:40:45 | e50f5fc7d752dfe26a3be95ca76c1f2e81c99b22 |
| 2015-09-30 | 45 | 0 | Response in Opposition to Motion | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from J. Alexander Lawrence dated 9/30/2015 re: 44 MOTION for Extension of Time Limited Discovery Unopposed. . Document filed by Verizon Online LLC. (Lawrence, Joseph) Modified on 10/5/2015 (db). (Entered: 09/30/2015) | 2015-10-01 00:32:31 | c9093f50932ef3b3c785ddbe9ec8c88760c841f5 |
| 2015-10-05 | 46 | 0 | Letter | LETTER addressed to Judge Katherine B. Forrest from J. Alexander Lawrence dated September 30, 2015 re: in Response to Plaintiff's Unopposed Motion to Extend Discovery for the Limited Purpose of Conducting Discovery on Defendant's Internet Service Provider. Document filed by Verizon Online LLC.(Lawrence, Joseph) (Entered: 10/05/2015) | ||
| 2015-10-06 | 47 | 0 | Order | ORDER: On September 30, 2015, plaintiff filed a motion to extend discovery for the limited purpose of conducting discovery on Verizon, defendant's Internet Service Provider. (ECF No. 44.) Verizon responded to that motion on the same day, arguing that the subpoena served on it by plaintiff is defective and that plaintiff's motion to extend discovery should accordingly be denied. (ECF No. 45) The Court has construed Verizon's letter as a motion to quash the subpoena and notes that, because Verizon's letter raises a discovery dispute, plaintiff was required to respond not later than October 5, 2015, per this Court's Individual Rules. Plaintiff has failed to do so. The Court hereby gives notice that it will deem Verizon's motion to quash to be unopposed and grant that motion (and deny plaintiff's related motion to extend discovery), unless it receives a response from plaintiff within 24 hours of the filing of this Order. (Signed by Judge Katherine B. Forrest on 10/6/2015) (lmb) (Entered: 10/06/2015) | 2015-10-15 15:45:45 | 26983475065514d963eb6088605c8a81d3b2fe76 |
| 2015-10-07 | 48 | 0 | Declaration in Support of Motion | DECLARATION of Jacqueline M. James in Support re: 39 MOTION for Sanctions .. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit)(James, Jacqueline) (Entered: 10/07/2015) | ||
| 2015-10-07 | 49 | 0 | Response | RESPONSE re: 46 Letter, Opposition to Verizons Motion to Quash. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 10/07/2015) | ||
| 2015-10-08 | 50 | 0 | Motion for Conference | LETTER MOTION for Conference re: 42 Order Striking Document from Record, addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/8/2015. Document filed by John Doe.(Mercer, Justin) (Entered: 10/08/2015) | ||
| 2015-10-09 | 51 | 0 | Order | ORDER: The Court is in receipt of defendant's October 8, 2015 letter filed on the docket (ECF No. 50), as well as the letter and supporting material that defendant submitted to this Court by email. The Court hereby orders that plaintiff shall submit a response to defendant's letter not to exceed five pages no later than Friday, October 16, 2015. The Court also notes that it believes that defendant's letter should be filed on the public docket. The Court notes that no information identifying defendant is contained in defendant's letter. The Court therefore inquires of defendant why the letter should not be posted on the public docket., ( Responses due by 10/16/2015.) (Signed by Judge Katherine B. Forrest on 10/9/2015) (lmb) (Entered: 10/09/2015) | 2015-10-15 15:46:29 | 232a8e2a052c0029920a8fe195aa0dfd65d80e2c |
| 2015-10-09 | 52 | 0 | Memo Endorsement | MEMO ENDORSEMENT on re: 49 Response filed by Malibu Media, LLC. ENDORSEMENT: The Court construes Verizon's letter of Sept. 30, 2015 (ECF No. 45) as a motion to quash. That motion is granted in part and denied in part. The Court appreciates the burden Verizon faces -- but this Court must, pursuant to the Federal Rules, evaluate the merits of each case before me. In that regard, the Court reviews the discovery sought against the burdens imposed by that discovery in this case. It is relevant to "close calls" that so much burden has already been put on Verizon in other cases. The Court deems document/items nos. (g), (h) and (i) sufficient to meet plaintiff's concerns as expressed in the opposition. Documents responsible to those requests only shall be produced on a reasonable schedule. No deposition is required at this time though, if this matter were to proceed to trial and no stipulation was reached between the litigants, one might be necessary then. The documents required to be produced herein do not fall within any prohibition by the Cable Act. (Signed by Judge Katherine B. Forrest on 10/9/2015) (lmb) (Entered: 10/09/2015) | 2015-10-15 15:46:47 | 5c9baec61d0fb0a15e73e353dffa3abf14558d47 |
| 2015-10-13 | 53 | 0 | Order on Motion for Extension of Time | ORDER granting in part and denying in part 44 Letter Motion for Extension of Time. Pursuant to the Court's October 9, 2015 Order (ECF No. 52), Verizon's motion to quash (ECF No. 46), and thus plaintiff's motion for extension of time to conduct limited discovery on Verizon (ECF No. 44), was granted in part and denied in part. The Clerk of Court is therefore directed to close the motion at ECF No. 44. (Signed by Judge Katherine B. Forrest on 10/13/2015) (lmb) Modified on 10/16/2015 (lmb). (Entered: 10/13/2015) | ||
| 2015-10-13 | 54 | 0 | Motion for Extension of Time to File | LETTER MOTION for Extension of Time to File Opposition to Motion for Sanctions [DE 39], Unopposed addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015., LETTER MOTION for Local Rule 37.2 Conference to set expert disclosure schedule addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. Document filed by John Doe.(Mercer, Justin) (Entered: 10/13/2015) | ||
| 2015-10-14 | 55 | 0 | Memo Endorsement | MEMO ENDORSEMENT on re: 54 LETTER MOTION for Extension of Time to File Opposition to Motion for Sanctions [DE 39], Unopposed addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. LETTER MOTION for Local Rule 37.2 Conference to set expert disclosure schedule addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. filed by John Doe. ENDORSEMENT: Plaintiff shall file any response to the instant applications not later than 10/15 at 5pm., ( Responses due by 10/15/2015.) (Signed by Judge Katherine B. Forrest on 10/14/2015) (lmb) (Entered: 10/14/2015) | 2015-10-15 16:05:49 | 00f94a3c4133774362711d8062921f36e376c7c4 |
| 2015-10-15 | 56 | 0 | Response to Motion | LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Jacqueline M. James dated October 15, 2015 re: 54 LETTER MOTION for Extension of Time to File Opposition to Motion for Sanctions [DE 39], Unopposed addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. LETTER MOTION for Local Rule 37.2 Conference to set expert disclosure schedule addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. Opposition to Producing Expert in New York for Deposition or in the Alternative Request to Have Defendant Pay Associated Costs of Its Request or Order Allowing Deposition to Be Done through Video. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 10/15/2015) | ||
| 2015-10-16 | 57 | 0 | Motion for Leave to File Document | LETTER MOTION for Leave to File Response to Malibu's request at Doc. 56 addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/16/2015. Document filed by John Doe.(Mercer, Justin) (Entered: 10/16/2015) | ||
| 2015-10-16 | 58 | 0 | Order on Motion for Leave to File Document | ORDER granting 57 Letter Motion for Leave to File Document. Application granted. Defendant shall file a response by 5:00 PM today. (Signed by Judge Katherine B. Forrest on 10/16/2015) (mro) (Entered: 10/16/2015) | ||
| 2015-10-16 | 59 | 0 | Response to Motion | LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/16/2015 re: 54 LETTER MOTION for Extension of Time to File Opposition to Motion for Sanctions [DE 39], Unopposed addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. LETTER MOTION for Local Rule 37.2 Conference to set expert disclosure schedule addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/13/2015. . Document filed by John Doe. (Mercer, Justin) (Entered: 10/16/2015) | ||
| 2015-10-19 | 60 | 0 | Order on Motion for Extension of Time to File | ORDER granting 54 Letter Motion for Extension of Time to File; denying 54 Letter Motion for Local Rule 37.2 Conference. Defendant's motion to set an expert discovery schedule, including a time and place for the deposition of Patrick Paige, and to extend the time for defendant to file its opposition to plaintiff's motion for sanctions (ECF No. 54), is GRANTED IN PART AND DENIED IN PART. The Court will allow three alternatives in relation to the time and place for the deposition of Mr. Paige. Defendant may choose which of these three alternatives he prefers: 1. Take the deposition via Skype or equivalent technology (in October). 2. Travel to Florida for the deposition (in October). 3. Take the deposition the day before the evidentiary hearing on spoliation in New York. This would of course mean that the rebuttal expert would proceed on the basis of the report and not a deposition as well. As to defendant's motion for an extension of time to oppose plaintiff's motion for sanctions, the motion is granted. Defendant shall file its opposition to plaintiff's motion for sanctions no later than November 9, 2015. Plaintiff shall file its reply no later than November 23, 2015. The Clerk of Court is directed to close the motion at ECF No. 54. (Signed by Judge Katherine B. Forrest on 10/19/2015) (mro) Modified on 10/19/2015 (mro). (Entered: 10/19/2015) | 2015-10-19 10:16:53 | 506bb91f2abd219695d63191c8e2b8054ab1d5d7 |
| 2015-10-20 | 61 | 0 | Order on Motion for Conference | ORDER denying 50 Letter Motion for Conference. On October 8, 2015, defendant filed a letter-motion requesting a conference as well as the Court's review of a letter that defendant submitted by email. (ECF No. 50.) That letter requested an order imposing sanctions on plaintiff and plaintiff's counsel for violating this Court's May 7, 2015 Order (ECF No. 20) by publishing defendant's name on the public docket; it also requested a finding that plaintiff and plaintiff's counsel be held in contempt for those violations. Plaintiff responded in a letter submitted to this Court by email on October 16, 2015. Upon review of the parties' submissions, defendant's motion is DENIED as further set forth in this order. The Clerk of Court is directed to terminate the motion at ECF No. 50. (Signed by Judge Katherine B. Forrest on 10/20/2015) (lmb) (Entered: 10/20/2015) | ||
| 2015-10-20 | 62 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Mercer dated 10/19/2015 re: In response to Your Honor's inquiry in the Order dated October 9, 2015, I have no objection to Doe's letter motion being filed on the public docket. I only filed the letter in such manner as that is what I understood to be the direction of chambers during our call on September 28, 2015. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 10/20/2015) (lmb) (Entered: 10/20/2015) | ||
| 2015-10-20 | 63 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Mercer dated 10/7/2015 re: I am counsel for Defendant John Doe (subscriber assigned IP address 108.30.247.86) ("Doe") in the referenced case and write pursuant to Rules 26 and 37 of the Federal Rules of Civil Procedure, the Court's inherent power and your Individual Rules of Practice 2.F to request an order (i) sanctioning Plaintiff Malibu Media LLC ("Malibu"), and Malibu's counsel Jacqueline M. James, for violating this Court's Order dated May 7, 2015 [DE 20] by publishing Defendant Doe's name on the public docket and otherwise disclosing Doe's identity to third parties and (ii) finding Malibu and its counsel in contempt for said violations. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 10/20/2015) (lmb) (Entered: 10/20/2015) | ||
| 2015-10-20 | 64 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Katherine B. Forrest from Jacqueline M. James dated 10/16/2015 re: For the foregoing reasons, Plaintiff and undersigned respectfully request the Court not find sanctions are warranted. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 10/20/2015) (lmb) (Entered: 10/20/2015) | ||
| 2015-10-23 | 65 | 0 | Order | ORDER: The Court notes that defense counsel failed to appear at the telephonic status conference scheduled for October 23, 2015 at 9:30 a.m. As a result, the Court hereby orders the parties to appear for an in-person status conference on Thursday, October 29, 2015 at 9:00 a.m., ( Telephone Conference set for 10/29/2015 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/23/2015) (lmb) (Entered: 10/23/2015) | 2015-10-23 17:08:53 | cf00ea11e33b63eb7c39151d287a45d6a35202c4 |
| 2015-10-27 | 66 | 0 | Motion for Extension of Time to File Response/Reply | SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Sanctions . addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/27/2015. Document filed by John Doe.(Mercer, Justin) (Entered: 10/27/2015) | ||
| 2015-10-27 | 67 | 0 | Order on Motion for Extension of Time to File Response/Reply | ORDER granting 66 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Sanctions . addressed to Judge Katherine B. Forrest from Justin Mercer, Esq. dated 10/27/2015. Extension granted. Let me know the plan on the reply -- we will have the evidentiary spoliation hearing on 12/11 (reply could be due 12/3 -- but let me know.) (Responses due by 11/19/2015). (Signed by Judge Katherine B. Forrest on 10/27/2015) (rjm) (Entered: 10/28/2015) | ||
| 2015-10-28 | 68 | 0 | Notice (Other) | NOTICE of Reply Due Date. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 10/28/2015) | ||
| 2015-10-28 | 69 | 0 | Motion to Appear Pro Hac Vice | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Emilie Marie Kennedy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11561429. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Order for Admission Pro Hac Vice)(Kennedy, Emilie) Modified on 10/28/2015 (wb). (Entered: 10/28/2015) | ||
| 2015-10-29 | 70 | 0 | Order | ORDER: As set forth at the status conference held on October 29, 2015, the following dates and deadlines shall govern this action: 1. Defendant shall produce any material relating to his relevant business travel no later than November 4, 2015. a. As further set forth at the status conference, the parties are directed to file any letters regarding any outstanding discovery as soon as possible. Any opposition to such letters shall be filed within 24 hours thereafter 2. The deposition of plaintiffs expert, Mr. Paige, shall occur on November 12, 2015. 3. Defendant shall inform plaintiff whether defendant intends to rely on an expert in relation to plaintiff's motion for sanctions no later than November 17, 2015. a. Defendant shall provide plaintiff with the name of plaintiff's potential expert immediately. 4. Defendant's expert's rebuttal report shall be provided to plaintiff nolater than December 4, 2015. a. Plaintiff may supplement its expert's opinions in response to the rebuttal report at the December 11, 2015 evidentiary hearing. Defendant's expert may respond to those opinions at the hearing. 5. Defendant shall make its rebuttal expert available for deposition between December 7, 2015 and December 9, 2015. a. If defendants rebuttal expert is only available for a deposition on December 10, 2015, defendant shall so inform plaintiff as soon as possible. 6. The parties shall provide letters to each other and then submit such letters by hand delivery to the Court as to who will testify at the evidentiary hearing, and on what topics, no later than December 7, 2015 7. The parties shall also provide to each other and submit, by hand delivery, any evidence they intend to offer at the evidentiary hearing no later than 12:00 p.m. on December 8, 2015. The parties shall provide opposing counsel with such evidence no later than December 7, 2015. These materials should not be submitted on ECF at that time. As stated at the status conference, the Court does not intend to adjourn the December 11, 2015 evidentiary hearing regarding plaintiff's motion for sanctions., ( Deposition due by 11/12/2015.) (Signed by Judge Katherine B. Forrest on 10/29/2015) (lmb) (Entered: 10/29/2015) | ||
| 2015-11-10 | 71 | 0 | Motion to Appear Pro Hac Vice | MOTION for Emilie Marie Kennedy to Appear Pro Hac Vice CORRECTED VERSION. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order for Admission Pro Hac Vice)(Kennedy, Emilie) (Entered: 11/10/2015) | ||
| 2015-11-10 | 72 | 0 | Order on Motion to Appear Pro Hac Vice | |||
| 2015-11-17 | 73 | 0 | Motion to Appear Pro Hac Vice | |||
| 2015-11-17 | 74 | 0 | Letter | |||
| 2015-11-17 | 75 | 0 | Memo Endorsement | |||
| 2015-11-17 | 76 | 0 | Order on Motion to Appear Pro Hac Vice | |||
| 2015-11-18 | 77 | 0 | Endorsed Letter | |||
| 2015-11-19 | 78 | 0 | Memorandum of Law in Opposition to Motion | |||
| 2015-11-19 | 79 | 0 | Declaration in Opposition to Motion | |||
| 2015-11-23 | 80 | 0 | Endorsed Letter | |||
| 2015-11-24 | 81 | 0 | Letter | |||
| 2015-11-24 | 82 | 0 | Memo Endorsement | |||
| 2015-11-30 | 83 | 0 | Motion to Withdraw as Attorney | |||
| 2015-12-01 | 84 | 0 | Order on Motion to Withdraw as Attorney | |||
| 2015-12-01 | 85 | 0 | Notice of Appearance | |||
| 2015-12-01 | 86 | 0 | Letter | 2015-12-01 16:42:48 | 4b464c9e0dff64d636ab29ef4650ceb1044afb62 |