Case details

Court: insd
Docket #: 1:12-cv-01115
Case Name: MALIBU MEDIA, LLC v. ETTER et al
PACER case #: 41742
Date filed: 2012-08-14
Date terminated: 2014-05-14
Assigned to: Judge Tanya Walton Pratt
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 & ASSOCIATES, P.C. 36880 Woodward Ave. Suite 100 Bloomfield Hills, MI 48304 248-203-7800 Fax: 248-203-7801 Email: paul@nicoletti-associates.com
ATTORNEY TO BE NOTICED

JOHN DOES 1-9
Defendant
KEVIN ETTER
Defendant
NICHOLAS SHELTON
Defendant
AARON REYES
Defendant
HO YEUNG
Defendant
DAVID WYATT
Defendant
Paul B. Overhauser
OVERHAUSER LAW OFFICES, LLC 740 West Green Meadows Drive Suite 300 Greenfield, IN 46140 (317) 891-1500 Fax: (866) 283-8549 Email: poverhauser@overhauser.com
ATTORNEY TO BE NOTICED

LEAH JUSTICE
Defendant
JOHN DOE #2
Defendant
JOHN DOE #3
Defendant
JOHN DOE #5
Defendant
LUCILLE PHILLIPS
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-14 1 0 Complaint COMPLAINT against JOHN DOES 1-9 filed by MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A-list of Does, # (2) Exhibit B-registrations, # (3) Exhibit C-dates including infringements, # (4) Exhibit D-BitTorrent vocabulary list, # (5) Civil Cover Sheet, # (6) Receipt No. IP031268 for filing fee ($350.00))(DJH)
2012-08-14 2 0 Notice of Appearance NOTICE of Appearance by Paul J. Nicoletti on behalf of Plaintiff, MALIBU MEDIA, LLC. (DJH)
2012-08-14 3 0 Corporate Disclosure Statement Corporate Disclosure Statement by MALIBU MEDIA, LLC. (DJH)
2012-08-14 4 0 Motion (Other) MOTION For Leave to Serve Third Party Subpoenas filed by Plaintiff, MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(DJH)
2012-08-14 5 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re [4] MOTION filed by Plaintiff, MALIBU MEDIA, LLC. (Attachments: # (1) Declaration of Tobias Fisher)(DJH)
5 1 Declaration of Tobias Fisher
2012-08-16 6 0 Magistrate Judge's Notice of Availability to Exercise Jurisdiction MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
2012-08-15 7 0 Submission of Signature Requirement Submission of Signature Requirement re [2] Notice of Appearance by MALIBU MEDIA, LLC. (MSD)
2012-08-15 8 0 Submission of Signature Requirement Submission of Signature Requirement re [3] Corporate Disclosure Statement by MALIBU MEDIA, LLC. (MSD)
2012-08-15 9 0 Submission of Signature Requirement Submission of Signature Requirement re [4] MOTION for Leave to Serve Third Party Subpoenas by MALIBU MEDIA, LLC. (MSD)
2012-08-15 10 0 Submission of Signature Requirement Submission of Signature Requirement re [5] Brief/Memorandum in Support of Motion by MALIBU MEDIA, LLC. (MSD) (Additional attachment(s) added on 8/17/2012: # (1) Declaration of Tobias Fieser) (MSD).
2012-08-20 11 0 Report - Copyright (AO Form 121) NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (Attachments: # (1) Complaint and Exhibits) (JD)
2012-08-21 12 0 Motion (Other) MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Memorandum of Law, # (2) Declaration of Tobias Fieser, # (3) Text of Proposed Order)(Nicoletti, Paul)
12 1 Memorandum of Law
12 2 Declaration of Tobias Fieser
12 3 Text of Proposed Order
2012-08-21 13 0 Notice (Other) NOTICE that Plaintiff Filed a Corrected Motion for Leave to Serve Third Party Subpoenas, filed by Plaintiff MALIBU MEDIA, LLC, re [12] MOTION for Leave to Serve Third Party Subpoenas Prior to Rule 26(f) Conference. (Nicoletti, Paul)
2012-08-24 14 0 Order on Motion ORDER granting in part and denying in part [12] Motion to conduct discovery in advance of a Rule 26(f) conference1 through the service of non-party subpoenas on Internet Service Providers to learn the identities of the persons--now named as Defendants John Does 1-9. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 8/24/2012. (TMA) 2012-09-06 15:01:03 e2cf9e4ff39ca8e333bbe6bb3f193bb4ebd0408d
2012-08-28 15 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re [4] MOTION TO ISSUE SUBPOENA PRIOR TO RULE 26(f) CONFERENCE, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit Declaration, # (2) Exhibit A, # (3) Exhibit B)(Nicoletti, Paul)
15 1 Exhibit Declaration
15 2 Exhibit A
15 3 Exhibit B
2012-09-18 16 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 9/18/2012.(PG)
2012-09-18 17 0 Reassignment Letter (Recusal/Related Case/Workload/Other) NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Debra McVicker Lynch no longer assigned to the case. Please include the new case number, 1:12-cv-01115-TWP-MJD, on all future filings in this matter. (AAM)
2012-09-19 18 0 Scheduling Order SCHEDULING ORDER: Status Conference set for 9/24/2012 01:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling 317-229-3964. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM)
2012-09-19 19 0 Scheduling Order SCHEDULING ORDER: The Court has become aware of several court opinions from across the country that have raised concerns regarding potentially inappropriate procedures being utilized by plaintiffs in cases similar to the instant case to extract settlements from putative defendants without any intention by the Plaintiff of ever actually litigating the case on its merits. While the Court does not assume that Plaintiff or its counsel have engaged in any improper conduct, the Court will impose the following procedures in this matter to ensure the prompt identification and service of the putative Defendants in this matter (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.(SWM)
2012-09-21 20 0 SEALED Document SEALED Notice of Filing Subpoena Issued to Comcast Corporation, re [19] Scheduling Order, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Subpoena)(Nicoletti, Paul)
2012-09-26 21 0 Status Conference MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/24/2012. A discussion was held regarding the Court's Order dated 9/19/12. [Dkt. 19] Pursuant to Docket 19, Plaintiff was previously ordered to file certain documents under seal. The Court hereby revises that Order and Plaintiff is instructed to file any documents previously ordered to be filed under seal as an Ex Parte Event. Further, the Clerk shall not provide access to any sealed documents filed in this case to any party absent further order of the Court. Signed by Magistrate Judge Mark J. Dinsmore.(SWM)
2012-10-18 23 0 Amended Complaint AMENDED COMPLAINT against KEVIN ETTER, NICHOLAS SHELTON, AARON REYES, HO YEUNG, DAVID WYATT, LEAH JUSTICE, filed by MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A - IP Address List, # (2) Exhibit B - Copyright Website Screen Shots, # (3) Exhibit C - Title List, # (4) Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul)
23 1 Exhibit A - IP Address List
23 2 Exhibit B - Copyright Website Screen Shots
23 3 Exhibit C - Title List 2013-01-21 17:34:05 c95d46971656adaec2216bec4c32557344e02fb4
23 4 Exhibit D - BitTorrent Vocabulary
2012-10-25 24 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to AARON REYES. (Nicoletti, Paul)
2012-10-25 25 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to HO YEUNG. (Nicoletti, Paul)
2012-10-25 26 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to KEVIN ETTER. (Nicoletti, Paul)
2012-10-25 27 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to LEAH JUSTICE. (Nicoletti, Paul)
2012-10-25 28 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to NICHOLAS SHELTON. (Nicoletti, Paul)
2012-10-25 29 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to DAVID WYATT. (Nicoletti, Paul)
2012-10-26 30 0 Summons Issued Summons Issued as to KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG. (JD) 2012-11-21 14:30:46 c96c561b6a35530c9480635a46d5301db9f43876
2012-11-07 32 0 Amended Complaint SECOND AMENDED COMPLAINT against JOHN DOE #2, JOHN DOE #3, JOHN DOE #5, KEVIN ETTER, LEAH JUSTICE, AARON REYES, NICHOLAS SHELTON, DAVID WYATT, HO YEUNG, LUCILLE PHILLIPS, filed by MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A - IP Address List, # (2) Exhibit B - Copyright Website Screen Shots, # (3) Exhibit C - Title List, # (4) Exhibit D - BitTorrent Vocabulary)(Nicoletti, Paul) Modified docket texton 11/8/2012 (JD). 2012-11-08 13:24:42 03948826f7754585d1a8319e6a70c0f676e775ad
32 1 Exhibit A - IP Address List
32 2 Exhibit B - Copyright Website Screen Shots
32 3 Exhibit C - Title List
32 4 Exhibit D - BitTorrent Vocabulary
2012-11-07 33 0 Summons (proposed) Proposed Summons submitted for issuance by the clerk as to LUCILLE PHILLIPS. (Nicoletti, Paul) 2012-11-11 00:12:08 78f69aed48ba2feba0e377d26596d6a40fd0403b
2012-11-08 34 0 Summons Issued Summons Issued as to LUCILLE PHILLIPS. (JD) 2012-11-11 00:15:17 f4ac022302e0a6049c03f96705e501d76ee8c187
2012-11-29 35 0 Scheduling Order SCHEDULING ORDER: The Court, sua sponte, amends paragraphs 2 and 3 of its September 19, 2012 Scheduling Order as follows: Once the Complaint in this matter has been amended to name a putative Defendant, counsel for Plaintiff may thereafter communicate with such named Defendant(s), or such named Defendant(s)' counsel if they are represented, for any purpose related to the litigation and or resolution of this matter and is thereafter relieved of the obligation in paragraph 3 of the Court's September 19, 2012 Scheduling Order to file with the Court copies of any such correspondence with such named Defendant(s). Signed by Magistrate Judge Mark J. Dinsmore on 11/29/2012.(SWM)
2012-12-06 36 0 Notice of Appearance NOTICE of Appearance by Paul B. Overhauser on behalf of Defendant DAVID WYATT. (Overhauser, Paul)
2012-12-06 37 0 NOTICE of Parties' First Extension of Time NOTICE of Parties' First Extension of Time, filed by Defendant DAVID WYATT. (Overhauser, Paul)
2012-12-31 38 0 Motion for Extension of Time Unopposed MOTION for Extension of Time to February 9, 2013 to File an Answer to the Complaint, filed by Defendant DAVID WYATT. (Attachments: # (1) Text of Proposed Order)(Overhauser, Paul)
38 1 Text of Proposed Order
2013-01-02 39 0 Order on Motion for Extension of Time to File ORDER granting Deft David Wyatt's [38] Motion for Extension of Time to File response to complaint to 2/9/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2013. (SWM)
2013-01-18 40 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. DAVID WYATT served on 11/27/2012. (Nicoletti, Paul)
2013-01-18 41 0 Summons Retruned Unexecuted RETURN of Personal Service, filed by MALIBU MEDIA, LLC as to LEAH JUSTICE. (Nicoletti, Paul) Modified event type on 1/22/2013 (JD).
2013-01-18 42 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. NICHOLAS SHELTON served on 1/3/2013. (Nicoletti, Paul)
2013-01-22 43 0 Notice of Appearance NOTICE of Appearance by David Scott Klinestiver on behalf of Defendant NICHOLAS SHELTON. (Klinestiver, David)
2013-01-22 44 0 NOTICE of Parties' First Extension of Time NOTICE of Parties' First Extension of Time, filed by Defendant NICHOLAS SHELTON. (Klinestiver, David)
2013-01-22 45 0 Motion for Extension of Time First MOTION for Extension of Time to to Effectuate Service on Defendants , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(Nicoletti, Paul)
2013-01-24 46 0 Order on Motion for Extension of Time to File ORDER granting Pltf's [45] Motion for Extension of Time to effectuate service on Defts to 2/21/2013. Signed by Magistrate Judge Mark J. Dinsmore on 1/24/2013. (SWM)
2013-02-01 47 0 Return of Service RETURN of Service, filed by MALIBU MEDIA, LLC. AARON REYES served on 1/17/2013. (Nicoletti, Paul)
2013-02-05 48 0 Return of Service RETURN of Service, filed by MALIBU MEDIA, LLC. KEVIN ETTER served on 1/29/2013. (Nicoletti, Paul)
2013-02-07 49 0 Notice (Other) NOTICE OF SETTLEMENT, filed by Defendant NICHOLAS SHELTON (Klinestiver, David)
2013-02-11 50 0 Answer to Amended Complaint ANSWER to [32] Amended Complaint and Affirmative Defenses, filed by DAVID WYATT.(Overhauser, Paul)
2013-02-13 51 0 Notice of Appearance NOTICE of Appearance by Ryan Daniel Etter on behalf of Defendant KEVIN ETTER. (Etter, Ryan)
2013-02-13 52 0 Answer to Amended Complaint Defendant Kevin Etter's ANSWER to [32] Amended Complaint , filed by KEVIN ETTER.(Etter, Ryan)
2013-02-14 53 0 Stipulation of Dismissal STIPULATION of Dismissal With Prejudice, filed by Defendant NICHOLAS SHELTON and Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(Klinestiver, David) Added Plaintiff as a filer on 2/15/2013 (JD).
2013-02-15 54 0 Dismissal ORDER OF DISMISSAL - The claims of Plaintiff Malibu Media, LLC against Defendant NICHOLAS SHELTON are hereby DISMISSED WITH PREJUDICE, each party to bear its own fees and costs. Signed by Judge Tanya Walton Pratt on 2/15/2013.(JD)
2013-02-19 55 0 Answer to Amended Complaint ANSWER to [32] Second Amended Complaint, filed by HO YEUNG.(JD)
2013-02-21 56 0 Notice (Other) NOTICE OF VOLUNTARY DISMISSAL OF LUCILLE PHILLIPS ONLY (69.245.169.19), filed by Plaintiff MALIBU MEDIA, LLC (Nicoletti, Paul)
2013-02-22 57 0 Dismissal MARGINAL NOTATION OF ACKNOWLEDGMENT re [56] NOTICE OF VOLUNTARY DISMISSAL - This cause of action DISMISSED without prejudice as to LUCILLE PHILLIPS. Signed by Judge Tanya Walton Pratt on 2/22/2013.(JD)
2013-02-26 58 0 Motion for Clerk's Entry of Default MOTION for Clerk's Entry of Default AS TO AARON REYES, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A-Declaration in Support of Request for Default, # (2) Text of Proposed Order B-Clerk's Entry of Default)(Nicoletti, Paul)
2013-03-04 59 0 Motion to Strike MOTION to Strike [50] Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul)
2013-03-06 60 0 Motion to Strike MOTION to Strike [52] Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul)
2013-03-21 61 0 Response in Opposition to Motion RESPONSE in Opposition re [59] MOTION to Strike [50] Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses , filed by Defendant DAVID WYATT. (Overhauser, Paul)
2013-03-21 62 0 Clerk's Entry of Default Clerk's ENTRY OF DEFAULT as to AARON REYES. Signed by Clerk, Laura A. Briggs. Copy Mailed. (JD)
2013-03-21 63 0 Response in Opposition to Motion RESPONSE in Opposition re [60] MOTION to Strike [52] Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses , filed by Defendant KEVIN ETTER. (Etter, Ryan)
2013-03-28 64 0 Return of Service RETURN of Service, filed by MALIBU MEDIA, LLC. LEAH JUSTICE served on 2/15/2013. (Nicoletti, Paul) 2013-05-19 17:43:12 3e05e9b60e480693badab18779b32db1db1d382f
2013-03-28 65 0 Motion for Clerk's Entry of Default MOTION for Clerk's Entry of Default , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A-Declaration in Support of Request for Entry of Default, # (2) Exhibit B-Entry of Default)(Nicoletti, Paul)
2013-03-28 66 0 Reply in Support of Motion REPLY in Support of Motion re [59] MOTION to Strike [50] Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses, [60] MOTION to Strike [52] Answer to Amended Complaint or Summarily Dismiss Defendant's Affirmative Defenses , filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul)
2013-04-25 67 0 Motion for Default Judgment MOTION for Default Judgment as to Aaron Reyes, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Affidavit Declaration of Paul J. Nicoletti, # (2) Text of Proposed Order Default Judgment, # (3) Exhibit A-Attachment to Default Judgment)(Nicoletti, Paul)
2013-04-25 68 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re [67] MOTION for Default Judgment as to Aaron Reyes , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A-Copyright Catalog, # (2) Exhibit B-Princeton Study, # (3) Exhibit C-IFPI Report)(Nicoletti, Paul)
2013-04-29 69 0 Order on Motion for Clerk's Entry of Default ORDER denying [65] Motion for Clerk's Entry of Default. Signed by Judge Tanya Walton Pratt on 4/29/2013. Copy Mailed. (JD) 2013-05-19 17:41:17 585c5c69be831d8dffbf6d038854dbf75a1c7831
2013-05-01 70 0 Return of Service RETURN of Service, filed by MALIBU MEDIA, LLC. (Nicoletti, Paul)
2013-05-01 71 0 Motion for Clerk's Entry of Default Amended MOTION for Clerk's Entry of Default against Leah Justice, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Affidavit A-Declaration of Paul J. Nicoletti, # (2) Text of Proposed Order B-Clerk's Entry of Default, # (3) Exhibit Amended Return of Service)(Nicoletti, Paul)
2013-05-06 72 0 Return of Personal Service RETURN of Personal Service, filed by MALIBU MEDIA, LLC. (Nicoletti, Paul)
2013-05-14 73 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul)
2013-05-15 74 0 Order MARGINAL NOTATION OF ACKNOWLEDGMENT re [73] Notice of Voluntary Dismissal - This cause of action is DISMISSED without prejudice as to JOHN DOE #2 and JOHN DOE #5. Signed by Judge Tanya Walton Pratt on 5/15/2013.(JD)
2013-05-16 75 0 Motion for Emergency Hearing MOTION for Emergency Hearing for the entry of an order setting an Emergency Telephonic Status Conference and enjoining Defendant from filing certain papers, filed by Plaintiff MALIBU MEDIA, LLC. (Nicoletti, Paul) 2013-05-18 16:35:16 6267d5d565c30f1805dbcbee0f4b393262e8e942
2013-05-24 76 0 Order on Motion for Emergency Hearing ORDER denying [75] Emdergency Motion for Status Conference. (See Order for details.) Signed by Magistrate Judge Mark J. Dinsmore on 5/24/2013. (TMA) Modified on 5/24/2013 (TMA). c/m 2013-05-24 14:36:20 b7d154b01c591e231c7365445b518d9d3676d955
2013-05-28 77 0 Motion (Other) MOTION to Require Plaintiff to Post Bond for Costs and Expenses, filed by Defendant DAVID WYATT. (Attachments: # (1) Exhibit 1 - Order Issuing Sanctions - Central District CA Case No. 2:12-cv-8333, # (2) Exhibit 2 - Order to Show Cause-re-Sanctions - Central District CA 2:12-cv-8333-ODW, # (3) Exhibit 3 - AIPLA Survey, # (4) Exhibit 4 - Amicus Steele Hansmeier, # (5) Exhibit 5 - Transcript Sanctions Hearing K Beech,, # (6) Exhibit 6 - Oregon Voltage, # (7) Exhibit 7 - Declaration Wyatt, # (8) Exhibit 9 - Nicoletti Cases - IN, # (9) Exhibit 10 - Rader The State Of Patent Litigation, # (10) Exhibit 11 - Malibu & Collins Cases, # (11) Exhibit 12 - Fantails Counterclaim with Exhibits, # (12) Exhibit 13 - Cases Involving Nicoletti, # (13) Exhibit 14 - Order In AF-Holdings Requiring Bond)(Overhauser, Paul)
77 1 Exhibit 1 - Order Issuing Sanctions - Central District CA Case No. 2:12-cv-8333
77 2 Exhibit 2 - Order to Show Cause-re-Sanctions - Central District CA 2:12-cv-8333-
77 3 Exhibit 3 - AIPLA Survey
77 4 Exhibit 4 - Amicus Steele Hansmeier
77 5 Exhibit 5 - Transcript Sanctions Hearing K Beech,
77 6 Exhibit 6 - Oregon Voltage
77 7 Exhibit 7 - Declaration Wyatt
77 8 Exhibit 9 - Nicoletti Cases - IN
77 9 Exhibit 10 - Rader The State Of Patent Litigation
77 10 Exhibit 11 - Malibu & Collins Cases
77 11 Exhibit 12 - Fantails Counterclaim with Exhibits
77 12 Exhibit 13 - Cases Involving Nicoletti
77 13 Exhibit 14 - Order In AF-Holdings Requiring Bond
2013-06-06 78 0 Motion for ExTime to File Response Unopposed MOTION for Extension of Time to June 14, 2013 to file response to [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(Nicoletti, Paul)
2013-06-07 79 0 Order on Motion for Extension of Time to File Response ORDER granting [78] Motion for Extension of Time to File Response to 6/14/2013 re [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2013. c/m (TMA)
2013-06-10 80 0 Order on Motion to Strike ORDER denying [60] Motion to Strike defts affirmative defenses as premature. Signed by Magistrate Judge Mark J. Dinsmore on 6/10/2013 (copy sent to Ho Yeung) (CBU) 2013-06-11 08:03:38 324accc621cdb975acb53b512e5f650c8b494d89
2013-06-10 81 0 Order on Motion to Strike ORDER denying [59] Motion to Strike defts affirmative defenses as premature. Signed by Magistrate Judge Mark J. Dinsmore on 6/10/2013 (copy sent to Ho Yeung) (CBU) 2013-06-11 08:03:43 d90f15d74037476d7546db654549b9022b301434
2013-06-13 82 0 Amended Answer to Complaint AMENDED ANSWER to [32] Amended Complaint & Affirmative Defenses, filed by Defendant DAVID WYATT. (Overhauser, Paul)
2013-06-14 83 0 Motion to Strike MOTION to Strike [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A)(Nicoletti, Paul)
2013-06-14 84 0 Response in Opposition to Motion RESPONSE in Opposition re [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Nicoletti, Paul)
2013-06-18 85 0 Clerk's Entry of Default Clerk's ENTRY OF DEFAULT as to LEAH JUSTICE. Signed by Clerk, Laura A. Briggs. Copy Mailed. (JD)
2013-06-19 86 0 Response in Opposition to Motion RESPONSE in Opposition re [83] MOTION to Strike [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses , filed by Defendant DAVID WYATT. (Attachments: # (1) Exhibit Ex.1-Metadata for Malibu's Brief, # (2) Exhibit Ex. 2-Jason Cooper's Attorney Profile at Lipscomb's Website, # (3) Exhibit Ex. 3-Lipcomb's Email in Response to Meet and Confer)(Overhauser, Paul)
2013-06-19 87 0 NOTICE of Filing NOTICE of Filing Supplemental Authority by MALIBU MEDIA, LLC (Attachments: # (1) Memorandum - Report on Bellwether Trial) (Nicoletti, Paul)
2013-06-21 88 0 NOTICE of Filing NOTICE of Filing Supplemental Authority, Amended by MALIBU MEDIA, LLC (Attachments: # (1) Memorandum - Report on Bellwether Trial) (Nicoletti, Paul)
2013-06-21 89 0 Order Referring Motion ORDER REFERRING MOTION - United States Magistrate Mark J. Dinsmore is hereby designated to issue a report and recommendation on the Motion for Entry of Default Judgment Against Defendant Aaron Reyes at Docket No. [67]. Signed by Judge Tanya Walton Pratt on 6/21/2013. Copy Mailed. (JD)
2013-06-24 90 0 Amended Answer to Complaint AMENDED ANSWER to [32] Amended Complaint , filed by Defendant KEVIN ETTER. (Etter, Ryan)
2013-06-24 91 0 Reply in Support of Motion REPLY in Support of Motion re [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses , filed by Defendant DAVID WYATT. (Attachments: # (1) Exhibit, # (2) Exhibit)(Overhauser, Paul)
2013-06-26 92 0 Reply in Support of Motion REPLY in Support of Motion re [83] MOTION to Strike [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A - Declaration of Paul Nicoletti, # (2) Exhibit B - Declaration of Jason Cooper)(Nicoletti, Paul)
2013-07-23 93 0 Motion for Default Judgment MOTION for Default Judgment as to Leah Justice, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Affidavit Declaration of Paul J. Nicoletti in Support of Default Judgement, # (2) Text of Proposed Order Default Judgment, # (3) Exhibit A - Copyright Catalog)(Nicoletti, Paul)
2013-07-23 94 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re [93] MOTION for Default Judgment as to Leah Justice , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Exhibit A - Copyright Catalog, # (2) Exhibit B - Princeton Article, # (3) Exhibit C - IFPI Report)(Nicoletti, Paul)
2013-07-24 95 0 Order Referring Motion ORDER REFERRING MOTION - United States Magistrate Mark J. Dinsmore is hereby designated pursuant to 28 U.S.C. ยง 636(b)(1)(B) to issue a report and recommendation on the Motion for Entry of Default Judgment Against Defendant Leah Justice filed by Plaintiff at Docket No. [93]. Signed by Judge Tanya Walton Pratt on 7/24/2013. (copy to Ho Yeung via US Mail) Motions referred to Mark J. Dinsmore.(JKS)
2013-08-12 96 0 Notice (Other) NOTICE Of Supplemental Authority re [77] MOTION to Require Plaintiff to Post Bond for Costs and Expenses, filed by Defendant DAVID WYATT. (Attachments: # (1) Exhibit Guava LLC v. Spencer Merkel, Order Awarding $63,367.52 in Attorney's Fees and Costs; Case 27-CV-12-20976 (D.C. Minn. August 7, 2013)) (Overhauser, Paul) Removed duplicate wording on 8/13/2013 (JD).
2013-09-10 97 0 Scheduling Order SCHEDULING ORDER: Initial Pretrial Conference set for 10/29/2013 10:50 AM in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore (see Order for additional information) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/10/2013.(SWM)
2013-09-16 98 0 Stipulation of Dismissal STIPULATION of Dismissal as to Ho Yeung (Only), filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order Order of Dismissal)(Nicoletti, Paul)
2013-09-17 99 0 Scheduling Order SCHEDULING ORDER- Initial Pretrial Conference set for 10/29/2013 10:50 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore.(See order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 9/17/2013 (Copy sent to Ho Yeung)(CBU)
2013-09-24 100 0 Order on Motion ORDER denying [77] Motion to require plaintiff to post bond for costs and expenses. ORDER denying as moot [83] Motion to Strike a portion of motion. Signed by Magistrate Judge Mark J. Dinsmore on 9/24/2013 (copy sent to Ho Yeung) (CBU) 2013-10-02 13:42:06 0affb12e3bd8591e779b2241c7eb6faf6c1d960d
2013-09-25 101 0 Entry ENTRY-marginal-Stipulation of dismissal with prejudice as to the claims between plaintiff and defendant-Ho Yeung with each party to bear its own attorneys' fees and costs. Signed by Judge Tanya Walton Pratt on 9/25/2013 (copy sent to Ho Yeung)(CBU)
2013-09-27 102 0 Stipulation of Dismissal STIPULATION of Dismissal as to David Wyatt, filed by Plaintiff MALIBU MEDIA, LLC and Defendant DAVID WYATT. (Nicoletti, Paul) Added Defendant as a filer on 9/30/2013 (JD).
2013-09-30 103 0 Dismissal ORDER ON STIPULATION FOR DISMISSAL - This cause of action is DISMISSED with prejudice as to DAVID WYATT. Signed by Judge Tanya Walton Pratt on 9/30/2013.(JD)
2013-10-22 104 0 Case Management Plan Tendered by CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff MALIBU MEDIA, LLC and Defendant KEVIN ETTER. (Nicoletti, Paul) Added Defendant as a filer on 10/24/2013 (JD).
2013-10-30 105 0 Pretrial Conference - Initial MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 10/29/2013. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. In addition, the parties shall submit an electronic discovery protocol, including, at a minimum, the format in which electronically stored information will be produced and a clawback provision as a proposed amendment to section III.K of the parties' Case Management Plan, within fourteen (14) days of the date of this Order. Settlement Conference set for 1/31/2014 at 8:30 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore., Status Conference set for 12/18/2013 at 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order for Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
2013-10-30 106 0 Order: Case Management ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Discovery due by 5/16/2014. Dispositive Motions due by 6/16/2014. *SEE ORDER*. Signed by Magistrate Judge Mark J. Dinsmore on 10/30/2013.(JD)
2013-10-31 107 0 Report and Recommendations REPORT AND RECOMMENDATIONS re [93] MOTION for Default Judgment as to Leah Justice filed by MALIBU MEDIA, LLC. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2013 (copy sent to Leah Justice)(CBU) 2013-11-06 19:37:43 66f1e237d26b5861df8f6b27082ce5dc725ec028
2013-10-31 108 0 Report and Recommendations REPORT AND RECOMMENDATIONS re [67] MOTION for Default Judgment as to Aaron Reyes filed by MALIBU MEDIA, LLC. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2013 (copy sent to Aaron Reyes)(CBU)
2013-11-12 109 0 Discovery EXHIBIT LIST Preliminary, filed by Plaintiff MALIBU MEDIA, LLC and WITNESS LIST Preliminary, filed by Plaintiff MALIBU MEDIA, LLC.(Nicoletti, Paul) Modified event type on 11/13/2013 (JD). 2013-11-12 18:01:52 adaa9979bbbf846e95eb38cedb1fad89713801db
2013-11-25 110 0 Order Adopting Report and Recommendations ORDER ADOPTING [108] REPORT AND RECOMMENDATIONS re [67] Motion for Default Judgment Against Defendant Aaron Reyes. Signed by Judge Tanya Walton Pratt on 11/25/2013. Copy Mailed. (JD) 2014-05-21 21:14:49 2e6e4a1f9a8158765ef3b65924768b36e01c3ea1
2013-11-25 111 0 Order Adopting Report and Recommendations ORDER ADOPTING [107] REPORT AND RECOMMENDATIONS re [93] Motion for Default Judgment Against Defendant Leah Justice. Signed by Judge Tanya Walton Pratt on 11/25/2013. Copy Mailed. (JD) 2013-11-26 08:03:13 dee708302b7a1a73e6957e53be86459d4d385f38
2013-11-27 112 0 Stipulation of Dismissal STIPULATION of Dismissal as to Kevin Etter, filed by Plaintiff MALIBU MEDIA, LLC and Defendant KEVIN ETTER. (Attachments: # (1) Text of Proposed Order Dismissal)(Nicoletti, Paul) Added defendant as a filer 12/2/2013 (MGG).
112 1 Text of Proposed Order Dismissal
2013-12-02 113 0 Entry SCHEDULING ORDER - In light of the Plaintiff's Stipulation of Dismissal as to Kevin Etter, the court sua sponte vacates the settlement conference scheduled for January 31, 2014. The telephonic status conference scheduled for December 18, 2013 at 10:30 a.m. remains on calendar as scheduled to address the status of Defendant JOHN DOE 3. No other counsel for Defendants are required to attend. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 12/2/2013.(JD)
2013-12-03 114 0 Dismissal ORDER ON STIPULATION FOR DISMISSAL - This cause of action is DISMISSED with prejudice as to KEVIN ETTER. Signed by Judge Tanya Walton Pratt on 12/3/2013.(JD)
2013-12-18 116 0 Notice of Voluntary Dismissal
2013-12-18 117 0 Notice (Other)
2013-12-20 118 0 Dismissal
2013-12-20 119 0 Order 2014-05-21 21:15:21 a9d6005614e32e8033d26f29ba278b84c68e3113
2013-12-31 120 0 Mail Returned
2014-05-14 121 0 Order 2014-05-21 21:16:26 daa52d0f7e1e96be82e6073edff20f0560ef2a03
2014-05-14 122 0 Closed Judgment 2014-05-21 21:18:24 4cd0a7ec15f5bde74b9d56cd45fe54df87181770
2014-05-19 123 0 Report - Copyright (AO Form 121)