Case details

Court: cacd
Docket #: 2:12-cv-03614
Case Name: Malibu Media LLC v. John Does
PACER case #: 530585
Date filed: 2012-04-26
Date terminated: 2013-01-28
Date of last filing: 2013-01-28
Assigned to: Judge R. Gary Klausner
Referred to: Magistrate Judge Suzanne H. Segal
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media LLC
Plaintiff
a California corporation
Leemore Kushner
Kushner Law Group 801 North Citrus Avenue Los Angeles, CA 90038 323-515-7894 Fax: 323-544-8170 Email: lkushner@kushnerlawgroup.com
ATTORNEY TO BE NOTICED

John Does
Defendant
1 through 8, 10
Morgan E Pietz
The Pietz Law Firm 3770 Highland Avenue Suite 206 Manhattan Beach, CA 90266 310-424-5557 Fax: 310-546-5301 Email: mpietz@pietzlawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-04-26 1 0 Complaint - (Discovery) COMPLAINT against Defendant John Does 1 through 10. Case assigned to Judge George H. King for all further proceedings. Discovery referred to Magistrate Judge Charles F Eick.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Malibu Media LLC. (et) [Summons not issued on 4/26/2012.] (mg). (Entered: 04/27/2012) 2012-06-19 21:25:02 39951c46a85078c92ecf3ea5ae0fd6d814baa656
2012-04-26 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Malibu Media LLC. (et) (mg). (Entered: 04/27/2012)
2012-04-26 3 0 Report on Filing of Copyright Action (Initial Notification) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Malibu Media LLC. (et) (Entered: 04/27/2012)
2012-05-04 4 0 Motion for Leave re Discovery Matter NOTICE OF MOTION AND MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 6/1/2012 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: # 1 Declaration of Tobias Fieser, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Leemore Kushner, # 5 Proposed Order)(Kushner, Leemore) (Entered: 05/04/2012)
2012-05-08 5 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER IN CHAMBERS by Judge George H. King: On April 26, 2012, Plaintiff Malibu Media, LLC ("Plaintiff") filed the above-captioned action in this Court against Defendants Does 1 Through 10 ("Defendants"), alleging violations of the Copyright Act, 17 U.S.C. 101, et seq... By this Order, we direct Plaintiff to comply with Rule 4(m)s requirement to serve Defendants within 120 days of filing the Complaint, or show good cause why, through due diligence, the Defendants identities cannot be ascertained by that time. Failure to timely and adequately comply as required herein by serving Defendants or showing good cause why Defendants cannot be ascertained by SEPTEMBER 5, 2012, will result in dismissal of this action. Plaintiff shall take all necessary action, including the service of any subpoenas on appropriate entities, to ascertain the identities of the Defendants to ensure timely service under Rule 4(m). re: Complaint 1 . [PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 05/08/2012)
2012-05-10 6 0 Order on Motion for Leave re Discovery Matter MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Charles F. Eick: granting 4 Motion for Leave. For good cause shown, the Motion is granted in part. Plaintiff forthwith may serve subpoenas on Cox Communications and Verizon Internet Services seeking information sufficient to identify the Defendants, including the Defendants names, current addresses, telephone numbers and e-mail addresses. This discovery is subject to a protective order restricting Plaintiffs use of the discovery to use for purposes of this litigation only. (rp) (Entered: 05/10/2012)
2012-05-11 7 0 Order ORDER REGARDING CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir) (Entered: 05/14/2012)
2012-06-21 8 0 Motion for Extension of Time to File NOTICE OF MOTION AND MOTION for Extension of Time to File Motion to Quash Subpoena filed by John Doe No. 5 John Does. (Attachments: # 1 Proposed Order)(Pietz, Morgan) (Entered: 06/21/2012)
2012-06-22 9 0 Order on Motion for Extension of Time to File MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Charles F. Eick. The "Motion for Extension of Time for John Doe Number 5 to File Motion to Quash Subpoena," filed 6/21/12 is denied. The motion, which seeks ex parte relief, fails to comply with Local Rule 7-19 et seq. The motion fails to explain sufficiently why John Doe 5 waited until now to seek relief. The motion also fails to demonstrate sufficient cause for the relief requested. (sp) (Entered: 06/22/2012)
2012-06-29 10 0 Motion for Sanctions NOTICE OF MOTION AND MOTION for Sanctions as to Malibu Media per L.R. 83-7 for Violation of 83-1.3 Notice of Related Cases Rule filed by John Doe. No. 5 John Does. Motion set for hearing on 7/30/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Memorandum in support of Motion for Sanctions re Repeated Violations of Notice of Related Cases Rule, # 2 Affidavit Declaration of Morgan E. Pietz, # 3 Exhibit Ex A - Nationwide Case List, # 4 Exhibit Ex B - Copyrights by Court, # 5 Exhibit Ex C - Meet and Confer, # 6 Exhibit Ex D - Declaration re: Claims Not Alleged in Complaint, # 7 Exhibit Ex E - Letter to Chief Judge, # 8 Proposed Order)(Pietz, Morgan) (Entered: 06/29/2012) 2012-07-10 19:11:33 ed7b900bcd002fa865327895179dfba838a4b3a7
2012-07-05 11 0 Application for Protective Order APPLICATION for Protective Order for Protection of identity filed by John Doe No. 5 John Does. (Attachments: # 1 Memorandum, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A to Declaration of Morgan E. Pietz, # 4 Declaration of Randall L. Cadenhead, # 5 Proposed Order)(Pietz, Morgan) (Entered: 07/05/2012)
2012-07-05 12 0 Ex Parte Application to Continue Joint EX PARTE APPLICATION to Continue Hearing on John Doe No. 5's Motion for Sanctions from July 30, 2012 to August 6, 2012 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Declaration of Leemore Kushner, # 2 Proposed Order)(Kushner, Leemore) (Entered: 07/05/2012)
2012-07-06 13 0 Response in Opposition to Motion OPPOSITION to APPLICATION for Protective Order for Protection of identity 11 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 07/06/2012)
2012-07-09 14 0 Motion to Sever NOTICE OF MOTION AND MOTION to Sever All Does Other than Doe No. 1 ( Motion set for hearing on 8/6/2012 at 09:30 AM before Judge George H. King.), MOTION to Quash Outstanding subpoenas, MOTION for Reconsideration re Order on Motion for Leave re Discovery Matter,, 6 ( Motion set for hearing on 8/6/2012 at 09:30 AM before Judge George H. King.) filed by John Doe No. 5 John Does. (Attachments: # 1 Memorandum in support of Omnibus Motion that Court Reconsider Order Granting Early Discovery, Sever All John Does, Quash Outstanding Subpoenas and Enter a Protective Order, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order)(Pietz, Morgan) (Entered: 07/09/2012) 2015-01-08 23:20:38 ffcc3143d19c4062e7337b653d1f2ed53a32aab6
14 1 Memorandum in support of Omnibus Motion that Court Reconsider Order Granting Ear 2015-01-08 23:22:33 31b786e5c9650ee84a856903ed1c6b416038f899
14 2 Declaration of Morgan E. Pietz 2015-01-08 23:22:48 1d6048ecd5d5f62f064dcc9f85fa2cb205f82e6b
14 3 Exhibit A 2015-01-08 23:22:54 20cb24c83652d18188f3d9abd305e7991783ea63
14 4 Exhibit B 2015-01-08 23:23:03 21f1b9635d481da8469b36368722ed06af3dbd00
14 5 Exhibit C 2015-01-08 23:23:22 3fd28f5ec204e140cc8043de336bceee98c9b84e
14 6 Exhibit D 2015-01-08 23:23:35 890074839d71e8457f97379affee38bcb5e8ea97
14 7 Proposed Order 2015-01-08 23:24:46 9d232df8ec4b224bc28c1df1d862147a8bd2a779
2012-07-10 15 0 Transferring Case purs GO 14-03 (Related Case (CV 34) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-01642 RGK(SSx). Case transferred from Magistrate Judge Charles F. Eick and Judge George H. King to Judge R. Gary Klausner and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-03614 RGK(SSx).Signed by Judge R. Gary Klausner (rn) (Entered: 07/10/2012)
2012-07-09 16 0 Order on Application for Protective Order MINUTES: Order re: Ex Parte Application for a Protective Order (Doc. # 11)We have reviewed Person Alleged to be John Doe No. 5's Ex Parte Application for a Protective Order ("Application"). The Application 11 is hereby DENIED IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 07/10/2012)
2012-07-09 17 0 Order on Motion for Sanctions ORDER by Judge George H. King: Joint Ex Parte Application to Continue the hearing date on John Doe No 5's motion for sanctions 12 is hereby DENIED as moot. Instead, the matter 10 will be submitted on 7/30/12 without oral argument. Plaintiff's opposition brief shall be filed in accordance with the Local Rules as if the matter will be heard on 7/30/12. (ir) (Entered: 07/10/2012) 2012-07-11 01:00:41 a052d17efa530f9e230799968ba3a795e7534e50
2012-07-10 18 0 Order to Show Cause ORDER TO SHOW CAUSE by Judge R. Gary Klausner: Response to Order to Show Cause due by 7/23/2012. (rne) (Entered: 07/10/2012) 2012-07-11 01:03:20 2e91577e59245d013f4a98a7113c4b710f265166
2012-07-11 19 0 Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) NOTICE OF DISMISSAL filed by Plaintiff Malibu Media LLC pursuant to FRCP 41a(1) of John Doe 8, Only as to John Does. (Kushner, Leemore) (Entered: 07/11/2012) 2012-07-12 19:07:11 8e083c8f695052c020c77537902bfa397b9661e0
2012-07-16 20 0 Response in Opposition to Motion OPPOSITION to MOTION for Sanctions as to Malibu Media per L.R. 83-7 for Violation of 83-1.3 Notice of Related Cases Rule 10 filed by Plaintiff Malibu Media LLC. (Attachments: # 1 Declaration of Leemore Kushner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Kushner, Leemore) (Entered: 07/16/2012)
2012-07-19 21 0 Ex Parte Application to Stay Order (other) EX PARTE APPLICATION to Stay pending subpoena return dates to permit consideration of noticed motion to quash, sever and for protective order filed by John Doe No. 5 John Does. (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Pietz, Morgan) (Entered: 07/19/2012)
2012-07-20 22 0 Response in Opposition to Motion OPPOSITION to EX PARTE APPLICATION to Stay pending subpoena return dates to permit consideration of noticed motion to quash, sever and for protective order 21 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 07/20/2012)
2012-07-20 23 0 Order on Ex Parte Application to Stay Order (other) DENIED ORDER by Judge R. Gary Klausner RE: Ex Parte Application 21 , denying as moot. (vdr) (Entered: 07/20/2012)
2012-07-20 24 0 Motion to Sever [DOCUMENT IS STRICKEN] NOTICE OF MOTION AND MOTION to Sever all Does other than Does No. 1 ( Motion set for hearing on 8/20/2012 at 09:00 AM before Judge R. Gary Klausner.), MOTION to Quash outstanding subpoenas filed by John Doe No. 5 John Does. (Attachments: # 1 Memorandum in support of motion to sever Does, quash subpoenas, and enter protective order, # 2 Declaration of Morgan E. Pietz, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Appendix 1, # 9 Proposed Order)(Pietz, Morgan) Modified on 7/25/2012 (vdr). (Entered: 07/20/2012)
2012-07-23 25 0 Response RESPONSE filed by Defendant John Doesto Order to Show Cause 18 John Doe No. 5's Response to Court's Order to Show Cause (Pietz, Morgan) (Entered: 07/23/2012)
2012-07-24 26 0 Order on Motion for Sanctions MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR FURTHER BRIEFING, CASE MANAGEMENT ORDER AND MOTION 10 FOR SANCTIONS by Judge R. Gary Klausner. Plaintiff is to submit further briefing by 7/27/2012. The Court denies the Motion for Sanctions. (vdr) (Entered: 07/24/2012) 2012-07-27 12:53:50 122bef30b359a266953db07dc4ed5bb45deaf69e
2012-07-25 27 0 Striking Electronically Filed Documents (G-106) ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Sever 24 . (vdr) (Entered: 07/25/2012) 2012-07-27 12:55:36 6c5c0210e43e4d29dec44a8178b6fb97102da47e
2012-07-31 28 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Discharging Court's 7/10/2012 Order to Show Cause 18 . (vdr) (Entered: 07/31/2012) 2012-08-10 16:54:19 06994d4579ddf6e0cdc18478d05f61a1a7fa3798
2012-08-01 29 0 Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) NOTICE OF DISMISSAL filed by Plaintiff Malibu Media LLC pursuant to FRCP 41a(1) of John Doe 9, Only as to John Does. (Kushner, Leemore) (Entered: 08/01/2012)
2012-08-15 30 0 Motion for Leave NOTICE OF MOTION AND Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference filed by Plaintiff Malibu Media LLC. Motion set for hearing on 9/17/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Kushner, Leemore) (Entered: 08/15/2012) 2012-08-17 18:01:03 9c601f817239d839948a7d7e0f9b96ba92497041
2012-09-04 31 0 Response in Opposition to Motion OPPOSITION to Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 30 filed by Putative John Doe No. 5 filed by Defendant John Does. (Attachments: # 1 Declaration of Morgan E. Pietz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Appendix 1)(Pietz, Morgan) (Entered: 09/04/2012) 2012-09-05 14:22:47 2d6a5118670fafe1719bf69c1ae634a082285f84
31 1 Declaration of Morgan E. Pietz
31 2 Exhibit A
31 3 Exhibit B
31 4 Exhibit C
31 5 Appendix 1
2012-09-05 32 0 Motion to Sever NOTICE OF MOTION AND MOTION to Sever All Does Othern Than Doe No. 1 filed by Putative John Doe No. 5 John Does. Motion set for hearing on 11/5/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Memorandum in support of John Does' Motion for Severance of All Does Other Than Doe No. 1, # 2 Proposed Order)(Pietz, Morgan) (Entered: 09/05/2012)
2012-09-10 33 0 Reply (Motion related) REPLY in support of Second MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) ConferenceSecond MOTION for Leave to to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference 30 filed by Plaintiff Malibu Media LLC. (Kushner, Leemore) (Entered: 09/10/2012) 2012-09-20 17:15:58 58693102fcf3aa1a03af0ec643f84053e7b40e26
2012-09-12 34 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: Plaintiff's Second Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference 30 . The above-referenced motion, noticed for hearing on September 17, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) (Entered: 09/13/2012) 2012-09-20 17:19:17 b6dee87da4a21417db20e2490a8d362bc52a7022
2012-10-10 35 0 Order on Motion to Sever MINUTES (IN CHAMBERS): ORDER by Judge R. Gary Klausner: denying 32 Motion to Sever All Doe Defendants other than John Doe 1. The Court ORDERS as follows:1. Plaintiffs Renewed Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference is DENIED. (CV 12-01642, DE 28.) 2. Plaintiffs claims in the above-listed cases are DISMISSED WITHOUT PREJUDICE against all Defendants other than the individual designated as John Doe 1 in each action.3. Defendant John Doe No. 5s Motion to Sever All Does Other than John Doe 1 isDENIED as moot. (CV 12-03614-RGK, DE 32.) (shb) (Entered: 10/10/2012) 2012-10-18 13:52:13 7b66da7bb41ef23509857932bbeff51fc0295039
2013-01-17 36 0 Order to Show Cause ORDER TO SHOW CAUSE as to Why Remaining Defendants Should Not be Dismissed Pursuant to Rule 4(m) by Judge R. Gary Klausner. Response to Order to Show Cause due by 1/24/2013. (rne) (Entered: 01/17/2013) 2013-03-08 18:10:49 801024a660a5bdd4579a6590df869f253f6e7485
2013-01-24 37 0 Response RESPONSE filed by Plaintiff Malibu Media LLCto Order to Show Cause 36 (Kushner, Leemore) (Entered: 01/24/2013) 2013-03-08 18:11:12 38f0f58e25ef90c6519d2fa464fdafefd054cb42
2013-01-28 38 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER IN CHAMBERS Order re: Dismissal of Plaintiff's Complaints for Failure to Comply with Federal Rule of Civil Procedure 4(m)by Judge R. Gary Klausner: On January 17, 2013, the Court issued an Order to Show Cause as to why John Doe Defendants in the present cases should not be dismissed for failure to comply with Federal Rule of Civil Procedure ("Rule") 4(m). On January 24, 2013, Plaintiff filed a timely response and thus, the Jan. 17 Order to Show Cause is discharged. Plaintiff's deadlines for service of the summons and complaint expired between June to September 2012. In its response to the Court's Jan. 17 Order to Show Cause, Plaintiff has not demonstrated good cause for its failure to comply with Rule 4(m). Thus, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's Complaints. (Made JS-6. Case Terminated.) (bp) (Entered: 01/28/2013)
2013-01-28 39 0 Report of Determination of Copyright Action (CLOSE)(AO 121) REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: # 1 minute order) (bp) (Entered: 01/28/2013) 2013-03-08 18:12:40 66db1283ec87fbb0d829f23418201a16e59d32b7
39 1 minute order 2013-03-08 18:50:43 fd3be7b37913c907bbbab2c99421bebbca7117f5