Case docket: Malibu Media, LLC v. John Doe

Case details

Court:	nysd
Docket #:	7:15-cv-02604
Case Name:	Malibu Media, LLC v. John Doe
PACER case #:	440580
Date filed:	2015-04-03
Date of last filing:	2015-10-09
Assigned to:	Judge Kenneth M. Karas
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
Counter Defendant

Jacqueline Marie James
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Doe
Counter Claimant
subscriber assigned IP address 24.189.135.238

Jason E Sweet
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ray Beckerman
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2015-04-03	1	0	Complaint	COMPLAINT against John Doe. (Filing Fee $ 350.00, Receipt Number 465407011036)Document filed by Malibu Media, LLC. (mml) (Entered: 04/06/2015)	2015-08-19 17:23:32	e3e41aac7ecc3f85f52c0c1630c89df34e41a071
2015-04-03	2	0	Civil Cover Sheet	CIVIL COVER SHEET filed. (mml) (Entered: 04/06/2015)
2015-04-20	3	0	Rule 7.1 Corporate Disclosure Statement	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 04/20/2015)
2015-04-20	4	0	Statement of Relatedness	RELATED CASE AFFIRMATION of Jacqueline M. James re: that this action be filed as Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 04/20/2015)
2015-04-20	5	0	Motion for Conference	LETTER MOTION for Conference Pre-Motion Letter Request to file Motion to Serve Third Party and Adjourn any Scheduled Conference addressed to Judge Kenneth M. Karas from Jacqueline M. James dated April 20, 2015. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 04/20/2015)
2015-04-21	6	0	Order on Motion for Conference	MEMO ENDORSEMENT granting 5 LETTER MOTION for Conference Pre-Motion Letter Request to file Motion to Serve Third Party and Adjourn any Scheduled Conference addressed to Judge Kenneth M. Karas from Jacqueline M. James dated April 20, 2015. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 4/20/2015) (lnl) (Entered: 04/21/2015)
2015-04-21	7	0	Motion to Serve	MOTION to Serve Third Party Subpoena and to adjourn any scheduled initial conference. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 04/21/2015)
2015-04-21	8	0	Memorandum of Law in Support of Motion	MEMORANDUM OF LAW in Support re: 7 MOTION to Serve Third Party Subpoena and to adjourn any scheduled initial conference. . Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 04/21/2015)
2015-04-21	9	0	Declaration in Support of Motion	DECLARATION of Colette Field in Support re: 7 MOTION to Serve Third Party Subpoena and to adjourn any scheduled initial conference.. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 04/21/2015)
2015-04-21	10	0	Declaration in Support of Motion	DECLARATION of Patrick Paige in Support re: 7 MOTION to Serve Third Party Subpoena and to adjourn any scheduled initial conference.. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 04/21/2015)
2015-04-21	11	0	Declaration in Support of Motion	DECLARATION of Tobias Fieser in Support re: 7 MOTION to Serve Third Party Subpoena and to adjourn any scheduled initial conference.. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 04/21/2015)
2015-04-22	12	0	Order on Motion to Serve	ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE granting 7 Motion to Serve: FIND, ORDER AND ADJUDGE: 1. Plaintiff established that "good cause" exists for it to serve a third party subpoena on Optimum Online High Speed Internet Service (hereinafter the "ISP"). See Arista Records, LLC v. Doe 3, 604 F.3d 110 (2d Cir. 2010) (citing Sony Music Entm't v. Does 1-40, 326 F. Supp. 2d 556, 564-65 (S.D.N.Y. 2004)); Malibu Media, LLC v. John Does 1-11, 2013 WL 3732839 (S.D.N.Y. 2013) (same); John Wiley & Sons, Inc. v. Doe Nos. 1-30, 284 F.R.D. 185, 189 (S.D.N.Y. 2012) (same). 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a copy of this Order. 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any service provider that is identified in response to a subpoena as a provider of Internet services to one of the Defendants. 4. If the ISP that qualifies as a "cable operator," as defined by 47 U.S.C. § 522(5), which states: the term "cable operator" means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. it shall comply with 47 U.S.C. § 551(c)(2)(B), which states: A cable operator may disclose such [personal identifying] information if the disclosure is... made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed. by sending a copy of this Order to the Defendant. 5. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiffs rights as set forth in its Complaint. (Signed by Judge Kenneth M. Karas on 4/22/2015) (lnl) (Entered: 04/22/2015)	2015-08-20 11:56:00	805b0342da070d1e5717d37103987af9e331557d
2015-08-03	13	0	Motion for Extension of Time	LETTER MOTION for Extension of Time Effectuate Service addressed to Judge Kenneth M. Karas from Jacqueline M. James dated August 3, 2015. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(James, Jacqueline) (Entered: 08/03/2015)
2015-08-03	14	0	Order on Motion for Extension of Time	ORDER ON PLAINTIFF'S FIRST LETTER MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO EFFECTUATE SERVICE ON JOHN DOE DEFENDANT granting 13 Letter Motion for Extension of Time. ORDER AND ADJUDGE: Plaintiff's Motion is granted. Plaintiff shall have at least sixty (60) days, or until September 29, 2015 to effectuate service of a summons and Complaint upon John Doe Defendant. Service due by 9/29/2015. (Signed by Judge Kenneth M. Karas on 8/3/2015) (mml) (Entered: 08/03/2015)
2015-09-09	15	0	Notice of Appearance	NOTICE OF APPEARANCE by Ray Beckerman on behalf of John Doe. (Beckerman, Ray) (Entered: 09/09/2015)
2015-09-09	16	0	Motion to Quash	MOTION to Quash subpoena of Cablevision . Document filed by John Doe.(Beckerman, Ray) (Entered: 09/09/2015)	2015-09-17 21:42:45	a9a360dbbe362b593a0766d9ac98567e19e5f83b
2015-09-17	17	0	Motion to Appear Pro Hac Vice	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason E. Sweet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11401374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: # 1 Exhibit Certificate of Standing, # 2 Text of Proposed Order Proposed Order)(Sweet, Jason) Modified on 9/18/2015 (sdi). (Entered: 09/17/2015)
2015-09-18	18	0	Motion to Appear Pro Hac Vice	MOTION for Jason E. Sweet to Appear Pro Hac Vice Corrected Motion. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Sweet, Jason) (Entered: 09/18/2015)
2015-09-21	19	0	Order on Motion to Appear Pro Hac Vice	ORDER FOR ADMISSION PRO HAC VICE granting 18 MOTION for Jason E. Sweet to Appear Pro Hac Vice Corrected Motion. (Signed by Judge Kenneth M. Karas on 9/21/2015) (lnl) (Entered: 09/22/2015)
2015-09-29	20	0	Memorandum of Law in Opposition to Motion	MEMORANDUM OF LAW in Opposition re: 16 MOTION to Quash subpoena of Cablevision . . Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 09/29/2015)
2015-09-29	21	0	Motion for Extension of Time to File	SECOND LETTER MOTION for Extension of Time to File and Serve Third Party Subpoena and Adjourn any Scheduled Initial Conference addressed to Judge Kenneth M. Karas from Jacqueline M. James dated September 29, 2015. Document filed by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(James, Jacqueline) (Entered: 09/29/2015)
2015-09-30	22	0	Order on Motion for Extension of Time to File	ORDER ON PLAINTIFF'S SECOND LETTER MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO EFFECTUATE SERVICE ON JOHN DOE DEFENDANT granting 21 Letter Motion for Extension of Time to File: ORDER AND ADJUDGE: Plaintiff's Motion is granted. Plaintiff shall have an additional forty-five (45) days after adjudication of Defendant's Motion to Quash to effectuate service of a summons and Complaint upon John Doe Defendant. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/2015) (lnl) (Entered: 09/30/2015)
2015-10-09	23	0	Reply Memorandum of Law in Oppisition to Motion	REPLY MEMORANDUM OF LAW in Opposition re: 16 MOTION to Quash subpoena of Cablevision . . Document filed by John Doe. (Sweet, Jason) (Entered: 10/09/2015)
2016-05-11	24	0		CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on any pending motions before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, July 6, 2016 at 11:00 a.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least ten business days beforehand. So Ordered. (Oral Argument set for 7/6/2016 at 11:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 5/11/16) (yv) (Entered: 05/11/2016)
2016-06-16	25	0		FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Telephonic Appearance addressed to Judge Kenneth M. Karas from Jason Sweet dated June 16, 2016. Document filed by John Doe.(Sweet, Jason) Modified on 6/20/2016 (ldi). (Entered: 06/16/2016)
2016-06-17	26	0		MEMO ENDORSEMENT denying 25 Letter Motion for Leave to Appear Telephonically. ENDORSEMENT: Application is denied. Oral argument over the telephone is difficult. So Ordered. (Signed by Judge Kenneth M. Karas on 6/17/16) (yv) (Entered: 06/20/2016)
2016-07-06	27	0		ORDER denying 16 Motion to Quash. For the reasons stated on the record at oral argument held on July 6, 2016, Defendant's Motion to Quash the Third Party Subpoena is denied. Defendant will be permitted to litigate this case anonymously unless and until this Court orders otherwise. Plaintiff is therefore ordered to take all steps necessary to preserve Defendant's anonymity. Specifically, Plaintiff is ordered to not disclose Defendant's name, address, telephone number, email address, social media usemame, or any other identifying information, other than Defendant's IP address, that Plaintiff may subsequently learn. Plaintiff shall not threaten to disclose any of Defendant's identifying information. Additionally, Plaintiff shall not publicly file any of Defendant's identifying information and must file all documents containing Defendant's identifying information under seal. The Clerk of the Court is directed to terminate the pending Motion. (Dkt. No. 16.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/6/16) (yv) (Entered: 07/06/2016)
2016-07-07	28	0		FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Joint Request From Counsel to Enter the Proposed Preservation Order addressed to Judge Kenneth M. Karas from Jacqueline M. James dated July 7, 2016. Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit)(James, Jacqueline) Modified on 7/13/2016 (db). (Entered: 07/07/2016)
2016-07-12	29	0		CONSENTED TO PRESERVATION ORDER granting 28 Letter Motion for Discovery. It is hereby ORDERED that Defendant shall preserve, and shall immediately take efforts to prevent the destruction, expiration, deletion, overwriting, concealment, or modification (even if such data would otherwise expire, be deleted or overwritten, concealed, or modified in the normal course of business, including through the termination of user accounts) of Electronically Stored Information ("ESI") reasonably related to this litigation in Defendant's possession, custody, or control. All ESI that is in Defendant's possession, custody, or control, is subject to this Order even if it is maintained by third parties, including third parties cloud storage services. Specifically, Defendant is ORDERED to preserve: a) Defendant's laptops, desktops, tablets, mobile phones, external storage devices, portable hard drives, external hard drives, Network Attached Storage, USB (thumb) drives, and any other device which can be used to connect to the internet, download media files, or store electronic data (collectively, "Hard Drives"). Defendant can achieve preservation by retaining an expert to create forensically sound images of Defendant's Hard Drives or not engaging in any of the following activities: (1) deleting any data within any of Defendant's Hard Drives; (2) using data shredding, overwriting, or wiping applications; (3) defragmenting any Hard Drives; (4) re-imaging or replacing drives; (5) compressing a Hard Drive; (6) deleting internet cookies; (7) deleting browser history and favorites; (8) running any "disk clean-up" processes; (9) installing and uninstalling software on any Hard Drive; (10) updating an operating system on any Hard Drive; and/or (11) taking any actions inconsistent with Defendant's preservation obligations for electronically stored information or computer Hard Drives; b) All contents of any third party cloud storage service such as Amazon Cloud Drive, Apple iCloud, DropBox, Google Drive, MediaFire, Mega, Microsoft SkyDrive, OneDrive, SpiderOak, and Ubuntu One; c) Defendant's modem and router used in his home during the period of recorded infringement. d) All emails, notifications, or correspondence from Defendant's Internet Service Provider ("ISP") to Defendant under the ISP's Copyright Alert System ("CAS"); and e) All emails, notifications, or correspondence from Defendant's Internet Service Provider to Defendant regarding a DMCA notice. Defendant is also ORDERED to provide Plaintiff of a complete inventory of all Hard Drives and third party cloud storage services in Defendant's possession, custody, or control. IT IS SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/12/16) (yv) (Entered: 07/12/2016)
2016-08-24	30	0		MOTION to Dismiss for Lack of Prosecution Pursuant to Rule 12b5. Document filed by John Doe. (Attachments: # 1 Exhibit Subpoena & Notice, # 2 Exhibit Email Confirming Receipt)(Sweet, Jason) (Entered: 08/24/2016)
2016-09-07	31	0		MEMO ENDORSEMENT on re: 30 MOTION to Dismiss for Lack of Prosecution Pursuant to Rule 12b5. filed by John Doe., ENDORSEMENT: Plaintiff is to respond to this motion by 9/21/16. So Ordered. (Responses due by 9/21/2016) (Signed by Judge Kenneth M. Karas on 9/7/16) (yv) (Entered: 09/07/2016)
2016-09-21	32	0		MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss for Lack of Prosecution Pursuant to Rule 12b5. . Document filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(James, Jacqueline) (Entered: 09/21/2016)
2016-09-28	33	0		REPLY to Response to Motion re: 30 MOTION to Dismiss for Lack of Prosecution Pursuant to Rule 12b5. . Document filed by John Doe. (Attachments: # 1 Exhibit Documents showing Defendant sued twice, # 2 Exhibit Emails discussing motion to dismiss, # 3 Exhibit Acknowledgment Defendant sued twice, # 4 Exhibit Email implicating improper purpose)(Sweet, Jason) (Entered: 09/28/2016)
2016-09-29	34	0		REPLY to Response to Motion re: 30 MOTION to Dismiss for Lack of Prosecution Pursuant to Rule 12b5. . Document filed by John Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sweet, Jason) (Entered: 09/29/2016)
2016-09-29	35	0		MOTION to Strike Document No. [33-2] & Replace with Document No. 34-2. Document filed by John Doe.(Sweet, Jason) (Entered: 09/29/2016)
2016-09-29	36	0		MEMO ENDORSED ORDER STRIKING DOCUMENT FROM RECORD....that Document No. [33-2] is stricken from the record., Motions terminated: 35 MOTION to Strike Document No. [33-2] & Replace with Document No. 34-2, filed by John Doe. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 9/29/16) (yv) (Entered: 09/29/2016)
2016-10-18	37	0		CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on all pending motions before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, November 10, 2016 at 2:30p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least ten business days beforehand. So Ordered. (Oral Argument set for 11/10/2016 at 02:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 10/18/2016) (lnl) (Entered: 10/18/2016)
2016-11-13	38	0		ORDER denying 30 Motion to Dismiss for Lack of Prosecution. For the reasons stated on the record at oral argument held on November 10, 2016, Defendant's Motion to Dismiss for Failure to Complete Service is denied. Plaintiff has 30 days from the date of this order to effectuate service on Defendant. The Clerk of Court is respectfully directed to terminate the pending Motion. (Dkt. No. 30.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/10/16) (yv) (Entered: 11/14/2016)
2016-12-08	39	0		WAIVER OF SERVICE RETURNED EXECUTED. Malibu Media, LLC waiver sent on 12/6/2016, answer due 2/4/2017. Document filed by Malibu Media, LLC. (James, Jacqueline) (Entered: 12/08/2016)
2017-02-02	40	0		LETTER MOTION for Extension of Time to File Answer re: 39 Waiver of Service Executed addressed to Judge Kenneth M. Karas from Jason Sweet dated 02/02/2017. Document filed by John Doe. (Attachments: # 1 Text of Proposed Order)(Sweet, Jason) (Entered: 02/02/2017)
2017-02-03	41	0		ORDER granting 40 Letter Motion for Extension of Time to Answer re 1 Complaint. Granted. The Court wishes counsel a speedy and full recovery. So Ordered. (John Doe answer due 3/8/2017.) (Signed by Judge Kenneth M. Karas on 2/2/17) (yv) (Entered: 02/06/2017)
2017-03-09	42	0		ANSWER to 1 Complaint., COUNTERCLAIM against Malibu Media, LLC. Document filed by John Doe.(Sweet, Jason) (Entered: 03/09/2017)
2017-03-30	43	0		MOTION to Dismiss Defendant's Counterclaim. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 03/30/2017)
2017-03-30	44	0		MOTION to Strike Document No. 42 Defendant's Affirmative Defenses. Document filed by Malibu Media, LLC.(James, Jacqueline) (Entered: 03/30/2017)
2017-04-19	45	0		RESPONSE in Opposition to Motion re: 43 MOTION to Dismiss Defendant's Counterclaim. . Document filed by John Doe. (Attachments: # 1 Exhibit Defense Against the Dark Arts)(Sweet, Jason) (Entered: 04/19/2017)
2017-04-19	46	0		RESPONSE in Opposition to Motion re: 44 MOTION to Strike Document No. 42 Defendant's Affirmative Defenses. . Document filed by John Doe. (Sweet, Jason) (Entered: 04/19/2017)