Case details

Court: nysd
Docket #: 1:12-cv-03873
Case Name: Digital Sin, Inc. v. Does 1-27
PACER case #: 396751
Date filed: 2012-05-15
Date terminated: 2012-12-12
Date of last filing: 2012-11-13
Assigned to: Judge Jesse M. Furman
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Digital Sin, Inc.
Plaintiff
21345 Lassen St., Chatsworth, CA 91311
Mike Meier
The Copyright Law Group, PLLC 4000 Legato Road, Suite 1100 Fairfax, VA 22033 888-407-6770 Fax: 703-546-4990 Email: mike.meier.esq@internationallawgroup.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Does 1-27
Defendant
John Doe 1
Defendant
Morlan Ty Rogers
Ray Beckerman, P.C. 108-18 Queens Boulevard 4th Floor Forest Hills, NY 11375 (718) 544-3434 Fax: (718) 559-6584 Email: mtyrogers@earthlink.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ray Beckerman
Ray Beckerman, P.C. 108-18 Queens Boulevard 4th Floor Forest Hills, NY 11375 (718)-544-3434 Fax: (718)-559-6584 Email: ray@beckermanlegal.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-05-15 1 0 Complaint COMPLAINT against Does 1-27. (Filing Fee $ 350.00, Receipt Number 8370)Document filed by Digital Sin, Inc.(ama) (Additional attachment(s) added on 5/22/2012: # 1 Exhibit A, # 2 Exhibit B, # 3 Ex. C, # 4 Ex. D, # 5 Ex B Declaration) (ama). (Entered: 05/21/2012) 2012-08-06 15:37:57 facd779b8846c8c2e068b56255ac68cf19aa4445
1 1 Exhibit A
1 2 Exhibit B
1 3 Ex. C 2012-08-06 15:42:20 a863fa2f3ad35d5bff346ed3310e1ac525c6a6bc
1 4 Ex. D
1 5 Ex B Declaration
2012-05-21 3 0 Motion for Discovery MOTION for Discovery. Document filed by Digital Sin, Inc..(Meier, Mike) (Entered: 05/21/2012)
2012-05-21 4 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 3 MOTION for Discovery.. Document filed by Digital Sin, Inc.. (Meier, Mike) (Entered: 05/21/2012) 2013-11-20 15:23:17 11037593921a0aee22f6e1a6009cd47b21285467
2012-05-21 5 0 Declaration in Support of Motion DECLARATION of Jon Nicolini in Support re: 3 MOTION for Discovery.. Document filed by Digital Sin, Inc.. (Attachments: # 1 Supplement, # 2 Supplement)(Meier, Mike) (Entered: 05/21/2012)
2012-06-06 6 0 Memorandum & Opinion OPINION AND ORDER PERMITTING LIMITED EXPEDITED DISCOVERY PURSUANT TO A PROTECTIVE ORDER: #101895 re: 3 MOTION for Discovery. filed by Digital Sin, Inc. The motion for leave to take expedited discovery is GRANTED, but subject to a protective order. For the foregoing reasons, it is hereby ORDERED that plaintiff may immediately serve a Rule 45 subpoena on the ISPs listed in Exhibit A to the Complaint to obtain information to identify Does 1-27, specifically his or her name, current and permanent address, and Media Access Control address. Plaintiff is expressly not permitted to subpoena the ISPs for the Doe defendants' email addresses or telephone numbers. It is further ORDERED that plaintiff shall serve a copy of this Opinion and Order as well as the attached "Notice to Defendants" along with any subpoenas to the listed ISPs. It is further ORDERED that each ISP will have 60 days from the date of service of the Rule 45 subpoena upon it to serve the relevant Does with a copy of the subpoena, a copy of this Opinion and Order, and a copy of the "Notice to Defendants." The Opinion and Order should be attached to the "Notice to Defendants" such that the "Notice to Defendants" is the first page of the materials enclosed with the subpoena. The ISPs may serve the Does 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 each Doe defendant shall have 60 days from the date of service of the Rule 45 subpoena and this Opinion and Order upon him or her to 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 ISPs may not turn over the Doe defendants identifying information to plaintiff before the expiration of this 60-day period. Additionally, if a defendant or ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena anonymously, the ISPs may not turn over any information to plaintiff until the issues have been addressed and the Court issues an order instructing the ISPs to resume in turning over the requested discovery. 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 an ISP that receives a subpoena pursuant to this Opinion and Order shall confer with plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. An ISP that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to plaintiff. It is further ORDERED that any information ultimately disclosed to plaintiff in response to a Rule 45 subpoena may be used by plaintiff solely for the purpose of protecting plaintiff's rights as set forth in its complaint. (Signed by Judge Jesse M. Furman on 6/6/2012) (jfe) Modified on 6/11/2012 (jab). (Entered: 06/06/2012) 2012-06-06 14:10:14 96133bc368ead589441c58aca691c49973b88435
2012-06-06 7 0 Internet Citation INTERNET CITATION NOTE: Material from decision with Internet citation re: 6 Memorandum & Opinion. (tro) (Entered: 07/17/2012)
2012-08-17 8 0 Notice of Appearance NOTICE OF APPEARANCE by Morlan Ty Rogers on behalf of John Doe 1 (Rogers, Morlan) (Entered: 08/17/2012)
2012-08-17 9 0 Motion to Dismiss MOTION to Dismiss complaint and quash subpoenas. Document filed by John Doe 1. Responses due by 8/31/2012(Rogers, Morlan) (Entered: 08/17/2012)
2012-08-17 10 0 Affidavit in Support of Motion AFFIDAVIT of Morlan Ty Rogers in Support re: 9 MOTION to Dismiss complaint and quash subpoenas.. Document filed by John Doe 1. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - List of Doe Defendants, # 3 Exhibit C - Ex Parte Order, # 4 Exhibit D - Verizon notice and subpoena)(Rogers, Morlan) (Entered: 08/17/2012)
2012-08-17 11 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss complaint and quash subpoenas.. Document filed by John Doe 1. (Rogers, Morlan) (Entered: 08/17/2012)
2012-08-17 12 0 Notice of Appearance NOTICE OF APPEARANCE by Ray Beckerman on behalf of John Doe 1 (Beckerman, Ray) (Entered: 08/17/2012)
2012-08-22 13 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss complaint and quash subpoenas. (John Doe 1). Document filed by Digital Sin, Inc.. (Attachments: # 1 Exhibit AF Holdings LLC v. Does 1-1,058, Civil Action No. 12-0048 (BAH) (District of Columbia).)(Meier, Mike) (Entered: 08/22/2012)
2012-08-23 14 0 Endorsed Letter ENDORSED LETTER: addressed to Judge Jesse M. Furman from Ray Beckerman dated 8/22/2012 re: Counsel for defendant request an extension of time to file our reply papers from August 29th to August 31st. ENDORSEMENT: Application Granted. ( reply due by 8/31/2012) (Signed by Judge Jesse M. Furman on 8/23/2012) (js) (Entered: 08/23/2012)
2012-08-28 15 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss complaint and quash subpoenas.. Document filed by John Doe 1. (Rogers, Morlan) (Entered: 08/28/2012) 2012-10-08 14:06:41 cb6a1afb76ed06c6d33ed0a6bc151e1975c6660d
2012-09-22 16 0 Motion for Extension of Time MOTION for Extension of Time. Document filed by Digital Sin, Inc..(Meier, Mike) (Entered: 09/22/2012)
2012-09-24 17 0 Order on Motion for Extension of Time ORDER granting 16 Motion for Extension of Time. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the time for Plaintiff to serve defendants with summons and the complaint is extended by 90 days from the date of this Order. (Signed by Judge Jesse M. Furman on 9/24/2012) (pl) (Entered: 09/24/2012) 2012-09-25 11:15:40 4df257f09864dccbebb04b2cd19ea20e38695fb4
2012-11-07 18 0 Order on Motion to Dismiss ORDER: denying 9 Motion to Dismiss and Quash. The Clerk of Court is directed to terminate the motion. (Docket No. 9). In addition, Plaintiff is ordered to submit a letter to the Court, no later than November 16, 2012, and no longer than three pages in length, updating the Court on the progress of this case, including the status of service on all Doe Defendants. (Signed by Judge Jesse M. Furman on 11/7/2012) (ae) (Entered: 11/07/2012) 2012-11-08 12:24:36 dc19e8f33baff9455e4cf451c4e9b59045eaf572
2012-11-13 19 0 Status Report STATUS REPORT. Document filed by Digital Sin, Inc..(Meier, Mike) (Entered: 11/13/2012) 2012-11-15 10:57:45 76fecff10a364157d687f88e2f100e68fcf7e78c
2012-12-11 20 0 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with (as to the specified John Does) prejudice against the defendant(s) Does 1-27. Document filed by Digital Sin, Inc.. (Meier, Mike) Modified on 12/12/2012 (ml). (Entered: 12/11/2012)
2012-12-11 21 0 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Does 1-27. Document filed by Digital Sin, Inc.. (Meier, Mike) Modified on 12/12/2012 (ml). (Entered: 12/11/2012)
2012-12-12 22 0 Fed. R. Civ. P. 41(a) Dismissal With Prejudice of Specific Doe Defendant(s), Namely Doe(s) 1, 3, 9, 11: Plaintiff having reached settlement(s) with the respective Doe Defendant(s) listed in the table set forth herein. Plaintiff dismisses with prejudice each of the specific Defendant(s) listed above from the above identified action pursuant to Fed. R. Civ. P. 41(a). (Signed by Judge Jesse M. Furman on 12/12/2012) (ja) (Entered: 12/13/2012)
2012-12-12 23 0 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) AND FINAL STATUS REPORT: the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant(s) namely: 2, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27. Plaintiff is still reviewing the instances where information has been received, and is unable to serve summons and complaints for those John Does by December 24, 2012. For the purpose of clarity, Plaintiff states that earlier today John Does 1, 3, 9, and 11 were dismissed with prejudice. Thus, with this filing, all other defendants have now been dismissed without prejudice and no defendants remain in this case.NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant(s) John Doe 1, Does 1-27. ENDORSEMENT: The Clerk of Court is directed to terminate this case. (Signed by Judge Jesse M. Furman on 12/12/2012) (ja) Modified on 12/13/2012 (ja). (Entered: 12/13/2012)