Case details

Court: mied
Docket #: 2:13-cv-11432
Case Name: Malibu Media LLC v. John Doe Subscriber Assigned IP Address 69.244.145.197
PACER case #: 279493
Date filed: 2013-03-29
Date of last filing: 2014-07-09
Assigned to: District Judge Gershwin A. Drain
Referred to: Magistrate Judge R. Steven Whalen
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media LLC
Counter Defendant
Paul J. Nicoletti
(See above for address)
ATTORNEY TO BE NOTICED

John Doe Subscriber Assigned IP Address 69.244.145.197
Counter Claimant
Hattem A. Beydoun
(See above for address)
ATTORNEY TO BE NOTICED

Morgan E. Pietz
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-29 1 0 Complaint COMPLAINT FOR COPYRIGHT INFRINGEMENT filed by Malibu Media LLC against John Doe Subscriber Assigned IP Address 69.244.145.197 with Jury Demand. No summons requested. Receipt No: 0645-4018567 - Fee: $ 350. County of 1st Plaintiff: Out of State - County Where Action Arose: Lapeer - County of 1st Defendant: Lapeer. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A-File Hashes for IP Address, # 2 Exhibit B-Copyright Registrations, # 3 Exhibit C-Expanded Surveillance, # 4 Exhibit D-Exculpatory Evidence Request) (Nicoletti, Paul) (Entered: 03/29/2013) 2014-05-28 16:33:36 4f9f6bbe3e66098c15002a2a73e879db7e311577
1 1 Exhibit A-File Hashes for IP Address 2014-05-28 16:35:24 f253506c28739ac58825df5d637e5d59d85e3867
1 2 Exhibit B-Copyright Registrations 2014-05-28 16:53:58 f6b99e0dbde67f1ca92b4ce2a96489824c3fbeb2
1 3 Exhibit C-Expanded Surveillance 2014-05-28 16:54:29 6d7f423d534e4d1747d396477a413f8b21860db5
1 4 Exhibit D-Exculpatory Evidence Request 2014-05-28 16:56:19 603552fe48d907818e5c3aa958f876db8282403f
2013-03-29 2 0 Motion Ex Parte MOTION FOR ISSUANCE OF SUBPOENA PRIOR TO RULE 26(f) CONFERENCE by Malibu Media LLC. (Nicoletti, Paul) (Entered: 03/29/2013)
2013-03-29 3 0 Memorandum MEMORANDUM re 2 Ex Parte MOTION FOR ISSUANCE OF SUBPOENA PRIOR TO RULE 26(f) CONFERENCE by Malibu Media LLC (Attachments: # 1 Exhibit Declaration in Support of Memorandum, # 2 Exhibit A-Functional Description, # 3 Exhibit B-File Hashes for IP Address) (Nicoletti, Paul) (Entered: 03/29/2013)
2013-03-29 4 0 Statement of Disclosure of Corporate Affiliations STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Malibu Media LLC (Nicoletti, Paul) (Entered: 03/29/2013)
2013-04-11 5 0 Order on Motion - Free ORDER Granting 2 Motion Motion for Leave to Serve a Third Party SubpoenaPrior to a Rule 26(f) Conference. Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 04/11/2013)
2013-05-20 6 0 Motion to Quash MOTION to Quash Putative John Doe's Motion to Quash by John Doe Subscriber Assigned IP Address 69.244.145.197. (Attachments: # 1 Index of Exhibits Index of Exhibits and Declaration of Morgan E. Pietz, # 2 Exhibit A - Nationwide Cases, # 3 Exhibit B - Decl from Plaintiff Taking Discovery Beyond Complaint, # 4 Exhibit C - Declarations re Plaintiffs Bad Faith) (Pietz, Morgan) (Entered: 05/20/2013)
6 1 Index of Exhibits Index of Exhibits and Declaration of Morgan E. Pietz
6 2 Exhibit A - Nationwide Cases
6 3 Exhibit B - Decl from Plaintiff Taking Discovery Beyond Complaint
6 4 Exhibit C - Declarations re Plaintiffs Bad Faith 2013-07-02 10:19:25 80ef639fcbf9fc9e146e6dc652431c7d05c4721b
2013-06-03 7 0 Response to Motion RESPONSE to 6 MOTION to Quash Putative John Doe's Motion to Quash filed by Malibu Media LLC. (Attachments: # 1 Exhibit A) (Nicoletti, Paul) (Entered: 06/03/2013)
2013-07-29 8 0 Motion to Extend MOTION TO EXTEND the Time to Serve Defendant With a Summons and Complaint by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 07/29/2013)
2013-08-13 9 0 Notice of Hearing on Motion NOTICE OF HEARING on 6 MOTION to Quash Putative John Doe's Motion to Quash. Motion Hearing set for 9/3/2013 03:00 PM before District Judge Gershwin A. Drain (Bankston, T) (Entered: 08/13/2013)
2013-08-20 10 0 Notice of Hearing on Motion NOTICE OF HEARING on 6 MOTION to Quash Putative John Doe's Motion to Quash. Motion Hearing RESET for 9/24/2013 03:00 PM before District Judge Gershwin A. Drain (Bankston, T) (Entered: 08/20/2013)
2013-08-21 11 0 Order on Motion to Extend ORDER GRANTING PLAINTIFF'S FIRST 8 MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT. Signed by District Judge Gershwin A. Drain. (Ciesla, C) (Entered: 08/21/2013)
2013-09-20 12 0 Order ORDER Re: E.D. Mich. L.R. 83.20(f) - Signed by District Judge Gershwin A. Drain. (FMos) (Entered: 09/20/2013)
2013-09-20 13 0 Order on Motion to Quash ORDER Denying Defendant's 6 Motion to Quash Plaintiff's Subpoena and Cancelling Hearing Scheduled for September 24, 2013 - Signed by District Judge Gershwin A. Drain. (FMos) (Entered: 09/20/2013)
2013-09-24 14 0 Motion MOTION Unopposed Motion for Leave to Proceed Anonymously by John Doe Subscriber Assigned IP Address 69.244.145.197. (Pietz, Morgan) (Entered: 09/24/2013)
2013-09-25 15 0 Notice of Appearance NOTICE of Appearance by Hattem A. Beydoun on behalf of John Doe Subscriber Assigned IP Address 69.244.145.197. (Beydoun, Hattem) (Entered: 09/25/2013)
2013-09-26 16 0 Order on Motion - Free ORDER Granting 14 Motion for Leave to Proceed Anonymoulsy through close of Discovery and Dispositive Motions. Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 09/26/2013)
2013-09-27 17 0 Notice to Appear NOTICE TO APPEAR: Scheduling Conference set for 10/24/2013 10:00 AM before District Judge Gershwin A. Drain (Bankston, T) (Entered: 09/27/2013)
2013-10-21 18 0 Motion to Extend Second MOTION TO EXTEND the Time to Serve Defendant With a Summons and Complaint by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 10/21/2013)
2013-10-22 19 0 Summons Issued SUMMONS Issued for *John Doe Subscriber Assigned IP Address 69.244.145.197* (TMcg) (Entered: 10/22/2013)
2013-10-23 20 0 Motion to Adjourn MOTION to Adjourn 17 Notice to Appear to Continue Scheduling Conference by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 10/23/2013)
2013-10-25 21 0 Motion for Leave to File MOTION for Leave to File Its Amended Complaint Under Seal by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 10/25/2013)
2013-10-28 22 0 Order on Motion to Extend ORDER Granting 18 Plaintiff's Second Motion for Extension of the time within which it has to serve Defendant with a Summons and Complaint. Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 10/28/2013)
2013-10-28 23 0 Order on Motion to Adjourn ORDER DENYING PLAINIFFS MOTION TO CONTINUE SCHEDULING CONFERENCE SCHEDULED FOR OCTOBER 24, 2013 AT 10:00 AM. Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 10/28/2013)
2013-10-28 24 0 Scheduling Order SCHEDULING ORDER: Discovery due by 2/19/2014; Dispositive Motion Cut-off set for 3/12/2014; Settlement Conference before Magistrate Judge R. Steven Whalen set for June 2014; Final Pretrial Conference set for 7/16/2014 10:00 AM before District Judge Gershwin A. Drain; Jury Trial set for 7/23/2014 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (Bankston, T) (Entered: 10/28/2013)
2013-10-28 25 0 Order Referring Other Matters to Magistrate Judge ORDER REFERRING OTHER MATTERS to Magistrate Judge Whalen : Settlement Conference. Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 10/28/2013)
2013-10-28 26 0 Order of Reference to Mediation Tribunal ORDER REFERRING CASE to Mediation. Final Pretrial Conference set for 7/16/2014 10:00 AM before District Judge Gershwin A. Drain Jury Trial set for 7/23/2014 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 10/28/2013)
2013-10-29 27 0 Notice to Appear NOTICE TO APPEAR: Settlement Conference set for 6/12/2014 at 01:30 PM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 10/29/2013)
2013-11-25 28 0 Motion to Extend Third MOTION TO EXTEND the Time to Serve Defendant With a Summons and Complaint by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 11/25/2013)
2013-11-27 29 0 Response to Motion RESPONSE to 28 Third MOTION TO EXTEND the Time to Serve Defendant With a Summons and Complaint , 21 MOTION for Leave to File Its Amended Complaint Under Seal JOHN DOES CONSOLIDATED RESPONSE NOT OPPOSING: (1) PLAINTIFFS MOTION FOR LEAVE TO FILE ITS AMENDED COMPLAINT UNDER SEAL [ECF NO. 21]; AND (2) PLAINTIFFS THIRD MOTION FOR EXTENSION OF TIME WITHIN WHICH IS HAS TO EFFECTUATE SERVICE [ECF NO. 28] filed by John Doe Subscriber Assigned IP Address 69.244.145.197. (Pietz, Morgan) (Entered: 11/27/2013)
2013-12-02 30 0 Order on Motion to Extend ORDER GRANTING PLAINTIFFS THIRD MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT 28 . Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 12/02/2013)
2013-12-09 31 0 Order on Motion for Leave to File ORDER Granting 21 Motion for Leave to File Its Amended Complaint Under Seal. Signed by District Judge Gershwin A. Drain. (Bankston, T) (Entered: 12/09/2013)
2013-12-11 32 0 Sealed Document - Other SEALED AMENDED COMPLAINT by Malibu Media LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Nicoletti, Paul) (Entered: 12/11/2013)
2014-01-22 33 0 Sealed Document - Other SEALED Summons Waiver - Executed 12/23/13 re 32 Sealed Document - Other, Request for Additional Summons, 31 Order on Motion for Leave to File, 16 Order on Motion - Free by Malibu Media LLC. (Nicoletti, Paul) (Entered: 01/22/2014)
2014-01-22 34 0 Witness List WITNESS LIST by Malibu Media LLC (Nicoletti, Paul) (Entered: 01/22/2014)
2014-01-22 35 0 Witness List WITNESS LIST by John Doe Subscriber Assigned IP Address 69.244.145.197 (Pietz, Morgan) (Entered: 01/22/2014)
2014-02-19 36 0 Motion to Extend MOTION TO EXTEND the Time to Complete Discovery by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 02/19/2014)
2014-02-20 37 0 Answer to Complaint ANSWER to Complaint with Affirmative Defenses with Jury Demand (Answering SEALED Amended Complaint [ECF No. 32]), COUNTERCLAIM for Declaratory Relief filed by John Doe Subscriber Assigned IP Address 69.244.145.197 against Malibu Media LLC by John Doe Subscriber Assigned IP Address 69.244.145.197. (Pietz, Morgan) (Entered: 02/20/2014) 2014-05-28 17:14:26 7399cb39370e47580552ad99c8768ca491cc3daa
2014-02-24 38 0 Exhibit EXHIBIT A in Support of John Does Answer to (Sealed) Amended Complaint, Affirmative Defenses, Counterclaim for Declaratory Relief and Jury Demand re 37 Answer to Complaint, Counterclaim,, by John Doe Subscriber Assigned IP Address 69.244.145.197 (Pietz, Morgan) (Entered: 02/24/2014)
2014-02-27 39 0 Response to Motion RESPONSE to 36 MOTION TO EXTEND the Time to Complete Discovery filed by John Doe Subscriber Assigned IP Address 69.244.145.197. (Attachments: # 1 Exhibit A - Meet and Confer Attempts) (Pietz, Morgan) (Entered: 02/27/2014)
2014-03-12 40 0 Stipulation STIPULATION re 24 Scheduling Order, Set Scheduling Order Deadlines,,,, Joint Stipulation Regarding Extending Deadlines And Request To Continue Trial by John Doe Subscriber Assigned IP Address 69.244.145.197 (Pietz, Morgan) (Entered: 03/12/2014)
2014-03-13 41 0 Motion to Strike MOTION to Strike 37 Answer to Complaint, Counterclaim,, Defendant's Affirmative Defenses by Malibu Media LLC. (Nicoletti, Paul) (Entered: 03/13/2014)
2014-03-13 42 0 Motion to Dismiss MOTION to Dismiss Defendant's Counterclaim for Declaratory Relief by Malibu Media LLC. (Nicoletti, Paul) (Entered: 03/13/2014)
2014-03-27 43 0 Notice to Appear NOTICE TO APPEAR: Status Conference set for 4/8/2014 10:00 AM before District Judge Gershwin A. Drain (Bankston, T) (Entered: 03/27/2014)
2014-04-01 44 0 Response to Motion RESPONSE to 42 MOTION to Dismiss Defendant's Counterclaim for Declaratory Relief, 41 MOTION to Strike 37 Answer to Complaint, Counterclaim,, Defendant's Affirmative Defenses Defendant's Consolidated Opposition to Plaintiff's Motions to Dismiss Counterclaim and Strike Affirmative Defenses filed by John Doe Subscriber Assigned IP Address 69.244.145.197. (Pietz, Morgan) (Entered: 04/01/2014)
2014-04-08 45 0 Reply to Response to Motion REPLY to Response re 42 MOTION to Dismiss Defendant's Counterclaim for Declaratory Relief, 41 MOTION to Strike 37 Answer to Complaint, Counterclaim,, Defendant's Affirmative Defenses filed by Malibu Media LLC. (Attachments: # 1 Exhibit A) (Nicoletti, Paul) (Entered: 04/08/2014)
2014-05-02 46 0 Scheduling Order AMENDED SCHEDULING ORDER: Discovery due by 6/16/2014; Dispositive Motion Cut-off set for 7/21/2014<;/b> Settlement Conference set for September 2014 before Magistrate Judge R. Steven Whalen; Final Pretrial Conference set for 10/14/2014 10:00 AM before District Judge Gershwin A. Drain; Jury Trial set for 10/20/2014 09:00 AM before District Judge Gershwin A. Drain Signed by District Judge Gershwin A. Drain. (Refer to image for additional dates) (Bankston, T) (Entered: 05/02/2014)
2014-06-09 47 0 Notice to Appear AMENDED NOTICE TO APPEAR: Settlement Conference reset for 9/11/2014 at 01:30 PM before Magistrate Judge R. Steven Whalen. (THac) (Entered: 06/09/2014) 2014-06-09 11:45:35 e2ae23b2bf749402791c0a3a81322c0f86c88ed0
2014-06-10 48 0 Notice (Other) NOTICE by John Doe Subscriber Assigned IP Address 69.244.145.197 re 44 Response to Motion, Notice of Supplemental Authority (Attachments: # 1 Exhibit Ex. 1 - Order re Motion to Strike Section 2257 Aff. Defs.) (Pietz, Morgan) (Entered: 06/10/2014) 2014-06-11 13:11:22 03b5aa0073493d4b267ad732c5bd14a3bd937a1d
48 1 Exhibit Ex. 1 - Order re Motion to Strike Section 2257 Aff. Defs.
2014-06-12 49 0 Order on Motion to Strike ORDER granting in part and denying in part 41 Motion to Strike; granting in part and denying in part 42 Motion to Dismiss. Signed by District Judge Gershwin A. Drain. (JOwe) (Entered: 06/12/2014) 2014-06-12 16:04:27 0503a9e2d3239e67c7c582b90373a968fc865da8
2014-06-16 50 0 Motion to Extend Second MOTION TO EXTEND the Time to Complete Discovery by Malibu Media LLC. (Attachments: # 1 Proposed Order) (Nicoletti, Paul) (Entered: 06/16/2014) 2014-06-17 13:22:12 fd69552f876b070666c3962e983ca1e399a919b5
50 1 Proposed Order
2014-06-19 51 0 Response to Motion 2014-06-19 16:05:37 fba483de3c7ed49a7b75a2ce8e064ef257b681d8
51 1 Declaration of Morgan Pietz
51 2 Exhibit Exhibit 1 to Declaration of Morgan Pietz
2014-06-23 52 0 Notice of Change of Address/Contact Information
2014-06-23 53 0 Motion for Order 2014-06-23 19:33:22 f1d882aa833d9c64c0300acbb02fc60afec58429
53 1 Proposed Order
2014-06-25 54 0 Order Referring Motion to Magistrate Judge
2014-06-26 55 0 Notice of Hearing on Motion 2014-06-26 15:03:33 2dd1e8b1faa43954d1fa22c75641a1b48ac315ed
2014-06-26 56 0 Reply to Response to Motion 2014-06-26 22:16:28 004781d05550d56254be2339c0b76ba10f94b7b3
56 1 Exhibit A
2014-06-27 57 0 Motion to Extend
2014-06-27 58 0 Motion to Compel 2014-06-28 15:00:44 9ad4199b32ac9788a1b3eedf37f2ce5fa1f7e8cf
58 1 Exhibit A
58 2 Exhibit B
58 3 Proposed Order
2014-06-27 59 0 Motion for Leave to File 2014-06-28 17:48:20 8a5ae20839ef2867e0f3dfe6502213b177cd5be5
59 1 Proposed Second Amended Complaint
2014-07-02 60 0 Order on Motion to Extend 2014-07-02 16:28:25 e121f6c2877c6aeb15f662d40b46e2e48f79e7df
2014-07-03 61 0 Order Referring Motion to Magistrate Judge
2014-07-07 62 0 Response to Motion 2014-07-07 21:39:32 facd7ec910714193cea77802ad7d324a648499b9
2014-07-09 63 0 Notice to Withdraw Motion 2014-07-09 16:44:14 fee2b8cf8595a1697108f5a1d5d915ea937dfaf4
2014-07-09 64 0 Notice to Withdraw Motion 2014-07-09 16:44:35 3ae5268cf359bb865099b70bcb319f5a50513c58
2014-07-09 65 0 Notice (Other) 2014-07-09 16:53:57 da49776e5a8ddccbcf6a7b3308d8720e08b15490