Case details

Court: nysd
Docket #: 1:12-cv-02954
Case Name: Malibu Media, LLC v. John Does 1-5
PACER case #: 394965
Date filed: 2012-04-13
Date terminated: 2012-09-27
Assigned to: Judge Naomi Reice Buchwald
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media, LLC
Plaintiff
Jason Aaron Kotzker
Kotzker Law Group 96095 University Blvd # 632134 Highlands Ranch, CO 80163 (303) 875-5386 Email: kotzkerj@wemed.com
ATTORNEY TO BE NOTICED

John Does 1-5
Defendant
C.O. John Doe #4
ADR Provider
TERMINATED: 09/27/2012
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

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

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-04-13 1 0 COMPLAINT against John Does 1-5. (Filing Fee $ 350.00, Receipt Number 465407003087)Document filed by Malibu Media, LLC.(rdz) (Additional attachment(s) added on 4/20/2012: # 1 Ex a, # 2 ex b, # 3 ex c, # 4 ex d) (ama). (Entered: 04/17/2012)
2012-04-23 2 0 NOTICE OF CHANGE OF ADDRESS by Jason Aaron Kotzker on behalf of Malibu Media, LLC. New Address: Kotzker Law Group, 9609 S. University Blvd., #632134, Highlands Ranch, CO, US 80163, 303-875-5386. (Kotzker, Jason) (Entered: 04/23/2012)
2012-04-25 3 0 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Kotzker, Jason) (Entered: 04/25/2012)
2012-04-25 4 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 3 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A: DECLARATION OF TOBIAS FIESER, # 2 Exhibit A TO DECLARATION OF FIESER, # 3 Exhibit B TO DECLARATION OF FIESER)(Kotzker, Jason) Modified on 4/26/2012 (ldi). (Entered: 04/25/2012)
2012-05-01 5 0 ORDER granting 3 Motion, to the following extent provided . Plaintiff is allowed to conduct immediate discovery on the ISPs listed in Exhibit A to the Complaint with a subpoena under Federal Rule of Civil Procedure 45 seeking information sufficient to identify each Doe defendant, and as further set forth in this document. Plaintiff shall provide each subpoenaed ISP with a copy of this Order. (Signed by Judge Naomi Reice Buchwald on 4/30/2012) Copies Mailed By Chambers. (cd) (Entered: 05/01/2012)
2012-05-08 6 0 MEMORANDUM OF LAW in Support re: 3 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 05/08/2012)
2012-05-08 7 0 DECLARATION of Tobias Fieser in Support re: 3 MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(f) CONFERENCE.. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kotzker, Jason) (Entered: 05/08/2012)
2012-06-21 8 0 NOTICE OF APPEARANCE by Ray Beckerman on behalf of John Doe #4 (Beckerman, Ray) (Entered: 06/21/2012)
2012-06-21 9 0 NOTICE OF APPEARANCE by Morlan Ty Rogers on behalf of John Doe #4 (Rogers, Morlan) (Entered: 06/21/2012)
2012-06-29 10 0 MOTION to Sever and dismiss the action as to defendants John Doe Nos. 2 through 5 for misjoinder and to quash the subpoenas issued under the Courts April 30, 2012 ex parte discovery order seeking disclosure of the identities of defendants John Doe Nos. 2 through 5. Document filed by John Doe #4.(Rogers, Morlan) (Entered: 06/29/2012)
2012-06-29 11 0 AFFIDAVIT of Morlan Ty Rogers in Support re: 10 MOTION to Sever and dismiss the action as to defendants John Doe Nos. 2 through 5 for misjoinder and to quash the subpoenas issued under the Courts April 30, 2012 ex parte discovery order seeking disclosure of the identities of defendants John Doe. Document filed by John Doe #4. (Attachments: # 1 Exhibit Exhibit A - Complaint, # 2 Exhibit Exhibit B - Ex Parte Order)(Rogers, Morlan) (Entered: 06/29/2012)
2012-06-29 12 0 DECLARATION of John Doe # 4 in Support re: 10 MOTION to Sever and dismiss the action as to defendants John Doe Nos. 2 through 5 for misjoinder and to quash the subpoenas issued under the Courts April 30, 2012 ex parte discovery order seeking disclosure of the identities of defendants John Doe. Document filed by John Doe #4. (Rogers, Morlan) (Entered: 06/29/2012)
2012-06-29 13 0 MEMORANDUM OF LAW in Support re: 10 MOTION to Sever and dismiss the action as to defendants John Doe Nos. 2 through 5 for misjoinder and to quash the subpoenas issued under the Courts April 30, 2012 ex parte discovery order seeking disclosure of the identities of defendants John Doe 2-5. Document filed by John Doe #4. (Rogers, Morlan) (Entered: 06/29/2012)
2012-07-06 14 0 MEMORANDUM OF LAW in Opposition re: 10 MOTION to Sever and dismiss the action as to defendants John Doe Nos. 2 through 5 for misjoinder and to quash the subpoenas issued under the Courts April 30, 2012 ex parte discovery order seeking disclosure of the identities of defendants John Doe. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 07/06/2012)
2012-07-13 15 0 REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Sever and dismiss the action as to defendants John Doe Nos. 2 through 5 for misjoinder and to quash the subpoenas issued under the Courts April 30, 2012 ex parte discovery order seeking disclosure of the identities of defendants John Doe. Document filed by John Doe #4. (Attachments: # 1 Appendix A - Table of Contents of Appellants Brief in Arista Records LLC v. Doe 3, 604 F.3d 110 (2d Cir. 2010))(Rogers, Morlan) (Entered: 07/13/2012)
2012-08-01 16 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Settlement and Voluntary Dismissal of John Doe 1. Document filed by Malibu Media, LLC. (Kotzker, Jason) Modified on 8/9/2012 (ldi). (Entered: 08/01/2012)
2012-08-08 17 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Settlement and Voluntary Dismissal With Prejudice of John Doe 2. Document filed by Malibu Media, LLC. (Kotzker, Jason) Modified on 8/9/2012 (ldi). (Entered: 08/08/2012)
2012-08-11 18 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 prejudice against the defendant(s) John Does 1-5. Document filed by Malibu Media, LLC. (Kotzker, Jason) Modified on 8/13/2012 (dt). (Entered: 08/11/2012)
2012-08-11 19 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 prejudice against the defendant(s) John Does 1-5. Document filed by Malibu Media, LLC. (Kotzker, Jason) Modified on 8/13/2012 (dt). (Entered: 08/11/2012)
2012-08-13 21 0 MOTION for Extension of Time Within Which to Effectuate Service on Doe Defendants. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Kotzker, Jason) (Entered: 08/13/2012)
2012-08-14 22 0 PLAINTIFF'S NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE OF JOHN DOE 1 ONLY: PLEASE TAKE NOTICE, Plaintiff has settled this matter with John Doe 1 ("Defendant"). Pursuant to the settlement agreement's terms, Plaintiff hereby voluntarily dismisses Defendant from this action with prejudice. John Doe 1 was assigned the IP Address 24.45.229.254. For the avoidance of doubt, Plaintiff is not voluntarily dismissing any other Defendant. Pursuant to Fed.R.Civ.P. 41(a)(l)(A)(i) Defendant John Doe 1 has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. (Signed by Judge Naomi Reice Buchwald on 8/13/2012) (djC (Entered: 08/14/2012)
2012-08-14 23 0 PLAINTIFF'S NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE OF JOHN DOE 2 ONLY: PLEASE TAKE NOTICE, Plaintiff has settled this matter with John Doe 2 ("Defendant"). Pursuant to the settlement agreement's terms, Plaintiff hereby voluntarily dismisses Defendant from this action with prejudice. John Doe 2 was assigned the IP Address 74.89.128.30. For the avoidance of doubt, Plaintiff is not voluntarily dismissing any other Defendant. Pursuant to Fed.R.Civ.P. 41 (a)(l )(A)(i) Defendant John Doe 2 has neither answered Plaintiffs Complaint nor filed a motion for summary judgment. (Signed by Judge Naomi Reice Buchwald on 8/13/2012) (djc) (Entered: 08/14/2012)
2012-08-15 24 0 ORDER ON PLAINTIFF'S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO EFFECTUATE SERVICE ON DOE DEFENDANTS: granting 21 Motion for Extension of Time. Plaintiffs Motion is granted. Plaintiff shall have until September 13, 2012 to effectuate service of a summons and Complaint upon each Defendant. Service due by 9/13/2012. (Signed by Judge Naomi Reice Buchwald on 8/15/2012) (pl) Modified on 8/15/2012 (pl). (Entered: 08/15/2012)
2012-08-24 25 0 MEMORANDUM AND ORDER denying 10 Motion to Sever. For the reasons stated above, Doe 4's motion to sever and dismiss is denied. (Signed by Judge Naomi Reice Buchwald on 8/24/2012) Copies Mailed By Chambers. (lmb) (Entered: 08/24/2012) 2012-08-25 09:24:16 2659523336c3abdf22000b95f57f09ecb5aaa58c
2012-09-13 26 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) Malibu Media, LLC. Document filed by Malibu Media, LLC. (Kotzker, Jason) Modified on 9/14/2012 (dt). (Entered: 09/13/2012)
2012-09-17 27 0 NOTICE of Settlement and Voluntary Dismissal With Prejudice of John Doe 4. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 09/17/2012)
2012-09-24 28 0 NOTICE of Settlement and Voluntary Dismissal with Prejudice. Document filed by Malibu Media, LLC. (Kotzker, Jason) (Entered: 09/24/2012)
2012-09-24 29 0 INTERNET CITATION NOTE: Material from decision with Internet citation re: 25 Order on Motion to Sever. (sj) (Entered: 09/24/2012)
2012-09-27 30 0 PLAINTIFF'S CORRECTED NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE OF JOHN DOE 4 ONLY: PLEASE TAKE NOTICE, Plaintiff has settled this matter with John Doe 4 ("Defendant"). Pursuant to the settlement agreement's terms, Plaintiff hereby voluntarily dismisses Defendant from this action with prejudice. John Doe 4 was assigned the IP Address 74.101.153.113. For the avoidance of doubt, Plaintiff is not voluntarily dismissing any other Defendant with prejudice. Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) Defendant John Doe 4 has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. Consistent herewith, Plaintiff consents to the Court having its case closed for administrative purposes. (Signed by Judge Naomi Reice Buchwald on 9/27/2012) (lmb) (Entered: 09/27/2012)