Case details

Court: insd
Docket #: 1:13-cv-01525
Case Name: MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP address 50.90.55.202
PACER case #: 49020
Date filed: 2013-09-21
Assigned to: Judge Sarah Evans Barker
Referred to: Magistrate Judge Mark J. Dinsmore
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
Paul J. Nicoletti
NICOLETTI LAW, PLC 33717 Woodward Ave. Suite 433 Birmingham, MI 48009 248-203-7800 Fax: 248-928-7051 Email: paul@nicoletti-associates.com
ATTORNEY TO BE NOTICED

Robert Cummins
Defendant
Robert Cummins
. PRO SE

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-09-21 1 0 Complaint COMPLAINT against JOHN DOE subscriber assigned IP address 50.90.55.202, filed by MALIBU MEDIA, LLC. (Filing fee $400, receipt number 0756-2816101) (Attachments: # 1 Exhibit A-File Hashes for IP Address, # 2 Exhibit B-Copyright Registrations, # 3 Exhibit D-Exculpatory Evidence Request)(Nicoletti, Paul) (Entered: 09/21/2013) 2013-11-18 11:51:51 5b3dd424ed848b941a5cede66bfd98f7de48e0e3
1 1 Exhibit A-File Hashes for IP Address 2013-11-18 11:27:50 f57ab8525e5f8217b5724ea6ad333f79623e448b
1 2 Exhibit B-Copyright Registrations 2013-11-18 11:52:59 23eef609741251fbac10840f7a75594c8dbe6561
1 3 Exhibit D-Exculpatory Evidence Request
2013-09-21 3 0 Brief/Memorandum in Support of Motion ***WITHDRAWN PER ORDER OF 10/17/2013***BRIEF/MEMORANDUM in Support OF MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - Declaration of Colette Field in Support of Motion, # 2 Exhibit B - Declaration of Patrick Paige in Support of Motion, # 3 Exhibit C - Statement of Deputy Assistant Attorney General for the Criminal Division Jason Weinstein Before the House Subcommittee on Crime, Terrorism and Homeland Security, # 4 Exhibit D - Declararation of Tobias Fieser in Support of Motion)(Nicoletti, Paul) Modified on 10/18/2013 (CBU). (Entered: 09/21/2013)
2013-09-21 4 0 Corporate Disclosure Statement ***WITHDRAWAN PER ORDER OF 10/17/2013***Corporate Disclosure Statement by MALIBU MEDIA, LLC. (Nicoletti, Paul) Modified on 10/18/2013 (CBU). (Entered: 09/21/2013)
2013-09-24 6 0 Magistrate Judge's Notice of Availability to Exercise Jurisdiction MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRT) (Entered: 09/24/2013)
2013-09-30 7 0 Report - Copyright (AO Form 121) NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # 1 complt) (CBU) (Entered: 09/30/2013)
2013-09-30 8 0 Civil Cover Sheet CIVIL COVER SHEET , filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 09/30/2013)
2013-10-02 9 0 Reassignment Order ORDER REASSIGNING CASE. Clerk is directed to reassign case to Magistrate Judge Mark J. Dinsmore. Signed by Judge Richard L. Young on 10/2/2013.(TMD) (Entered: 10/02/2013)
2013-10-02 10 0 Reassignment Letter (Recusal/Related Case/Workload/Other) NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Denise K. LaRue no longer assigned to the case. Please include the new case number, 1:13-cv-01525-SEB-MJD, on all future filings in this matter. (AAM) (Entered: 10/02/2013)
2013-10-10 11 0 Order to Show Cause ORDER TO SHOW CAUSE - On September 21, 2013 counsel for Plaintiff, Paul Nicoletti initiated this lawsuit. There are several deficiencies with filings made by counsel. Within seven (7) days from the date of this order, Plaintiff shall rectify the issues with regard to the Ex Parte Motion, Notice of Appearance and Civil Cover Sheet. Failure to comply may result in the Court striking the documents. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2013.(JD) (Entered: 10/10/2013)
2013-10-11 12 0 Civil Cover Sheet CIVIL COVER SHEET , filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 10/11/2013)
2013-10-11 13 0 Notice of Appearance NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 10/11/2013)
2013-10-16 14 0 Motion to Withdraw MOTION to Withdraw , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order Order to Withdraw Defective Pleading)(Nicoletti, Paul) (Entered: 10/16/2013)
2013-10-17 15 0 Order on Motion to Withdraw ORDER granting 14 Motion to Withdraw 2, 3, and 4 as being defective. Plaintiff shall file corrected versions of the documents. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2013. (CBU) (Entered: 10/18/2013)
2013-10-23 16 0 Motion (Other) MOTION for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 10/23/2013)
2013-10-23 17 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 16 MOTION for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - Declaration of Colette Field in Support of Motion, # 2 Exhibit B - Declaration of Patrick Paige in Support of Motion, # 3 Exhibit C - Statement of Deputy Assistant Attorney General for the Criminal Division Jason Weinstein Before the House Subcommittee on Crime, Terrorism and Homeland Security, # 4 Exhibit D - Declararation of Tobias Fieser in Support of Motion)(Nicoletti, Paul) (Entered: 10/23/2013)
2013-10-23 18 0 Corporate Disclosure Statement Corporate Disclosure Statement by MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 10/23/2013)
2013-10-25 19 0 Submission Submission of Proposed Order , re 16 MOTION for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 10/25/2013)
2013-10-28 20 0 Order on Motion ORDER on 16 Motion for Leave to Serve A Third Party Subpoena Prior to a Rule 26(f) Conference. Signed by Magistrate Judge Mark J. Dinsmore on 10/28/2013. (JD) (Entered: 10/28/2013)
2013-11-04 21 0 Entry SCHEDULING ORDER - The Court will impose the procedures, as set forth in this Order, to ensure the prompt identification and service of the putative Defendants in this matter. *SEE ORDER*. Signed by Magistrate Judge Mark J. Dinsmore on 11/4/2013.(JD) (Entered: 11/04/2013) 2013-11-07 18:57:53 4dc14cee7d78cbb4f51783b1a3ab876920381e89
2013-11-11 22 0 SEALED Document SEALED Log of Pre-Service Communications with Doe Defendant, re 21 Entry, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 11/11/2013)
2013-12-09 23 0 Notice of Appearance NOTICE of Appearance by Paul B. Overhauser on behalf of Defendant JOHN DOE. (Overhauser, Paul) (Entered: 12/09/2013)
2013-12-09 24 0 Motion to Dismiss for Failure to State a Claim **STRICKEN PER DKT. NO. 37 ** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JOHN DOE. (Attachments: # 1 Exhibit Ingenuity 13, LLC v. John doe, Order Issuing Sanctions, 2:12-cv-8333-ODW, CD of CA, May 6, 2013 (Judge Wright), # 2 Exhibit Ingenuity 13, LLC v. John Doe, Order to Show Cause, 2:12-cv-8333-ODW, CD of CA, Feb. 7, 2013 (Judge Wright), # 3 Exhibit Subpoena to Brighthouse, # 4 Exhibit Order, Malibu Media v. John Doe Order (May 28, 2013, 3:13-cv-205-SLC, WD WI), # 5 Exhibit Indiana BitTorrent Suits Filed by Paul Nicoletti, # 6 Exhibit Letter from Plaintiff Requesting Substitution of Defendant)(Overhauser, Paul) Modified on 4/7/2014 (JD). (Entered: 12/09/2013) 2014-01-02 18:31:58 5fbbdccdfffb6366a861bdd6b33dc6b9e07ca97f
24 1 Exhibit Ingenuity 13, LLC v. John doe, Order Issuing Sanctions, 2:12-cv-8333-ODW
24 2 Exhibit Ingenuity 13, LLC v. John Doe, Order to Show Cause, 2:12-cv-8333-ODW, CD
24 3 Exhibit Subpoena to Brighthouse
24 4 Exhibit Order, Malibu Media v. John Doe Order (May 28, 2013, 3:13-cv-205-SLC, WD
24 5 Exhibit Indiana BitTorrent Suits Filed by Paul Nicoletti
24 6 Exhibit Letter from Plaintiff Requesting Substitution of Defendant 2014-01-02 18:40:02 b7de67bd650967fee39da663588b4fe990006425
2013-12-09 25 0 Motion to Quash *** STRICKEN PER ORDER 35 *** MOTION to Quash , filed by Defendant JOHN DOE. (Attachments: # 1 Exhibit Ingenuity 13, LLC v. John Doe Issuing Sanctions, 2:12-cv-8333-ODW, CD of CA, May 6, 2013 (Judge Wright), # 2 Exhibit Ingenuity 13, LLC v. John Doe, Order To Show Cause, 2:12-cv-8333-ODW, CD of CA Feb. 7, 2013 (Judge Wright), # 3 Exhibit Subpoena to Brighthouse Networks, # 4 Exhibit Order, Malibu Media v. John Doe Order, (May 28, 2013, 3:13-cv-205-SLC, WD WI), # 5 Exhibit Indiana BitTorrent Suits Filed by Paul Nicoletti, # 6 Exhibit Letter From Plainitff Requesting Substitution of Defendant)(Overhauser, Paul) Modified on 3/18/2014 (CKM). (Entered: 12/09/2013) 2014-01-02 17:27:53 7879712a93867cd6fef6c061bfac85006be9a24e
25 1 Exhibit Ingenuity 13, LLC v. John Doe Issuing Sanctions, 2:12-cv-8333-ODW, CD of
25 2 Exhibit Ingenuity 13, LLC v. John Doe, Order To Show Cause, 2:12-cv-8333-ODW, CD
25 3 Exhibit Subpoena to Brighthouse Networks
25 4 Exhibit Order, Malibu Media v. John Doe Order, (May 28, 2013, 3:13-cv-205-SLC, W
25 5 Exhibit Indiana BitTorrent Suits Filed by Paul Nicoletti
25 6 Exhibit Letter From Plainitff Requesting Substitution of Defendant
2013-12-16 26 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Bright House and Bright House's Response, re 21 Entry, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena to Bright House Networks, # 2 Bright House's Response)(Nicoletti, Paul) (Entered: 12/16/2013)
2013-12-23 27 0 Response in Opposition to Motion RESPONSE in Opposition re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - Report and Recommendation)(Nicoletti, Paul) (Entered: 12/23/2013) 2014-01-02 17:30:12 7d0fa6ffa4255bb818df0d5644a71f122b2866a6
27 1 Exhibit A - Report and Recommendation
2013-12-23 28 0 Response in Opposition to Motion RESPONSE in Opposition re 25 MOTION to Quash , filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) (Entered: 12/23/2013)
2014-01-02 29 0 Reply in Support of Motion REPLY in Support of Motion re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant JOHN DOE. (Overhauser, Paul) (Entered: 01/02/2014) 2014-01-02 17:31:08 3416af3daa852d768a9083b64c6bdcd9e55b4853
2014-01-02 30 0 Reply in Support of Motion REPLY in Support of Motion re 25 MOTION to Quash Subpoena, filed by Defendant JOHN DOE. (Overhauser, Paul) (Entered: 01/02/2014) 2014-01-02 17:16:53 7cc17f3d76c4f3f21a46edbc8267cde50ded577f
2014-01-17 31 0 Order to Show Cause ORDER TO SHOW CAUSE - The movant is hereby granted fourteen days of the date of this Order to either provide the Court with information identifying "John Doe" for the record or, if the movant wishes to proceed anonymously in this matter, to file an appropriate ex parte motion seeking such relief, supported by a developed factual and legal showing sufficient to justify such an order. Absent that, the movant is hereby Ordered to Show Cause, within fourteen days of the date of this Order, why the Motion to Dismiss [Dkt. 24 ] and the Motion to Quash [Dkt. 25 ] should not be stricken. Signed by Magistrate Judge Mark J. Dinsmore on 1/17/2014.(JD) (Entered: 01/17/2014) 2014-01-17 16:01:59 ebe88c0fb746cb4c5b30b4134e7c1e81562680e0
2014-02-02 32 0 EX-PARTE Motion **UNSEALED PER DKT. NO. 34 ** EX-PARTE MOTION TO PROCEED ANONYMOUSLY, re 31 Order to Show Cause, filed by Defendant JOHN DOE. (Attachments: # 1 Exhibit Ex. 1 Elfman-v-Doe Order Dismissing Bittorrent Case For Failure To State A Claim, # 2 Exhibit Ex-2 Order-Malibu-v-Doe)(Overhauser, Paul) Modified event type on 2/25/2014 (JD). Modified on 2/25/2014 (JD). (Entered: 02/02/2014)
2014-02-18 33 0 Notice (Other) *** STRICKEN PER ORDER 35 *** NOTICE of Submission of Additional Authority in Support of Motion to Quash Subpoena [Doc. 25], filed by Defendant JOHN DOE, re 25 MOTION to Quash . (Attachments: # 1 Exhibit 1 - Florida Order 2/10/2014) (Overhauser, Paul) Modified on 3/18/2014 (CKM). (Entered: 02/18/2014) 2014-02-24 22:24:44 06b489baee7cf2926be9931565fb69e075ddef88
33 1 Exhibit 1 - Florida Order 2/10/2014
2014-02-24 34 0 Order on EX-PARTE Motion ORDER ON MOTION TO PROCEED ANONYMOUSLY - The Ex Parte Motion to Proceed Anonymously [Dkt. 32 ] is DENIED. IT IS HEREBY ORDERED that the Movant identify himself for the record within seven (7) days of the date of this Order. Absent that, the Movant is hereby Ordered to Show Cause, within ten days of the date of this Order, why the Motion to Dismiss [Dkt. 24 ] and the Motion to Quash [Dkt. 25 ] filed on his behalf should not be stricken. Because the Movant did not identify himself in the ex parte motion, the Clerk is directed to remove the seal on the Ex Parte Motion to Proceed Anonymously [Dkt. 32 ]. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2014. (JD) (Entered: 02/25/2014)
2014-03-17 35 0 Order on Motion to Quash ENTRY - ON MOTION TO QUASH ; The Movant has not complied with the Court's Order to Show Cause [Dkt. 31] or the Court's Order on Motion to Proceed Anonymously [Dkt. 34], by failing to identify himself to the Court. The Court directs the Clerk to STRIKE the Movant's Motion to Quash [Dkt. 25] as well as the Movant's Submission of Additional Authority in Support of Motion to Quash [Dkt. 33], without prejudice to the resubmission of such motion after the Movant has properly appeared before the Court. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014. (CKM) (Entered: 03/18/2014)
2014-03-17 36 0 Report and Recommendations REPORT AND RECOMMENDATIONS - The Movant has not complied with the Court's Order to Show Cause [Dkt. 31] or the Court's Order on Motion to Proceed Anonymously [Dkt. 34], by failing to identify himself to the Court. The Magistrate Judge recommends that the Motion to Dismiss [Dkt. 24.] be STRICKEN, without prejudice to its resubmission after the Movant has properly appeared before the Court. Any objections to the Magistrate Judge's Report and Recommendation shall be filed with the Clerk in accordance with 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b), and failure to timely file objections within fourteen days after service shall constitute a waiver of subsequent review absent a showing of good cause for such failure. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2014.(CKM) (Entered: 03/18/2014) 2014-05-14 20:07:13 f9fa07bfa32ea40b0aa32360ed0aa7704dedbd76
2014-04-07 37 0 Order Adopting Report and Recommendations ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS re 24 Motion to Dismiss - The Clerk is directed to STRIKE Movant's Motion to Dismiss [Dkt. 24], without prejudice to its resubmission after the Movant has properly appeared before the Court. Signed by Judge Sarah Evans Barker on 4/7/2014. (JD) (Entered: 04/07/2014) 2014-04-17 00:44:06 5781d7fce9f3bc404f540e32866693d359f9d87a
2014-05-14 38 0 SEALED Document SEALED Notice of Filing Bright House Network's Subpoena Response, re 21 Entry, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Response from Bright House Networks)(Nicoletti, Paul) (Entered: 05/14/2014)
2014-05-27 39 0 Amended Complaint AMENDED COMPLAINT against Robert Cummins, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A - File Hashes for IP Address 50.90.55.202, # 2 Exhibit B - Copyrights-In-Suit, # 3 Proposed Summons)(Nicoletti, Paul) (Entered: 05/27/2014)
2014-05-27 40 0 Motion for Extension of Time First MOTION for Extension of Time to to Effectuate Service on Defendant , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 05/27/2014)
2014-05-28 41 0 Summons Issued Summons Issued as to Robert Cummins. (CKM) (Entered: 05/28/2014)
2014-05-29 42 0 Order on Motion for Extension of Time to File ORDER granting 40 Motion for Extension of Time to 6/26/2014 to effectuate service of a summons and complt upon deft. Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2014. (CBU) (Entered: 05/29/2014)
2014-06-18 43 0 Notice of Change of Attorney Information NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Paul J. Nicoletti hereby notifies the Clerk of the court of changed contact information. (Nicoletti, Paul) (Entered: 06/18/2014)
2014-06-26 44 0 Motion for Extension of Time Second MOTION for Extension of Time to July 26, 2014 to Effectuate Service of the Summons and Complaint on Defendant, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 06/26/2014) 2014-06-26 20:06:29 7bf25a23e4f8fb63247a74125d6bd05f2feb5997
44 1 Text of Proposed Order
2014-06-27 45 0 Order on Motion for Extension of Time to File ORDER granting 44 Motion for Extension of Time to 7/25/2014 to effectuate service of a summons and complaint upon defendant. Signed by Magistrate Judge Mark J. Dinsmore on 6/27/2014. (CBU) (Entered: 06/27/2014)
2014-07-29 46 0 Return of Service RETURN of Service, filed by MALIBU MEDIA, LLC. Robert Cummins served on 7/7/2014. (Nicoletti, Paul) (Entered: 07/29/2014) 2014-09-08 13:28:18 c63975cdeb91d1c29c7fd3b2fa4b92863e761a91
2014-09-09 47 0 Motion (Other)
47 1 Text of Proposed Order To Permit Settlement Negotiations
2014-09-09 48 0 Motion to Withdraw Attorney Appearance 2014-09-09 21:33:33 62de3bdbd2b4f9dee6e06f52e5082fb62e25ed02