Ingenuity13 LLC v. John Doe

Defendant: John Doe
Plaintiff: Ingenuity13 LLC
 
Case Number: 2:2012cv08333
Filed: September 27, 2012
 
Court: California Central District Court
Presiding Judge: Dolly M. Gee
Referring Judge: Patrick J. Walsh
 
Nature of Suit: Copyright

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Date Filed#Document Text
May 6, 2013 130 Featured Case ORDER ISSUING SANCTIONS by Judge Otis D. Wright, II: The Court awards attorneys fees and costs in the sum of $40,659.86 to Doe: $36,150.00 for Pietzs attorneys fees; $1,950.00 for Ranallos attorneys fees; $2,226.26 for Pietzs cost s; and $333.60 for Ranallos costs. As a punitive measure, the Court doubles this award, yielding $81,319.72.5 This punitive multiplier is justified by Plaintiffs brazen misconduct and relentless fraud. The Principals, AF Holdings, Ingenuity 13, Prenda Law, and Gibbs are liable for this sum jointly and severally, and shall pay this sum within 14 days of this order. The Court enters additional nonmonetary sanctions as discussed. (lc). Modified on 5/6/2013 .(lc).
May 21, 2013 164 Featured Case ORDER DENYING EX PARTE APPLICATION FOR STAY OF ENFORCEMENT (attached to Notice of Appeal); ORDER TO SHOW CAUSE RE ATTORNEYS FEE AWARD; Steele, Hansmeier, Duffy, Gibbs, AF Holdings, Ingenuity 13, and Prenda are hereby ORDERED TO SHOW CAUSE why they ha ve contravened the Courts order to pay the attorneys-fee award. The Court hereby imposes a penalty of $1,000 per day, per person or entity,1 until this attorneys-fee award is paid or a bond for the same amount is posted. This penalty shall be pa id to the Clerk of Court on the same day the attorneys-fee award is paid or the bond is posted. This penalty must be paid unless it is evident that the award was paid or the bond was posted on or before May 20, 2013. Failure to comply will result in additional sanctions.Upon motion and posting of a supersedeas bond, the Court will stay execution of the attorneys-fee award. Fed. R. Civ. P. 62(d). Finally, as a housekeeping matter, the Court requests Brett Gibbs to file requests for withdrawal of attorney in this and the related cases. Brett Gibbs appears to have withdrawn from these cases. Given the circumstances and the relationship between Gibbs and his clients, the Court will approve his requests for withdrawal by Judge Otis D. Wright, II. (lc). Modified on 5/21/2013. (lc).
June 17, 2013 189 Featured Case ORDER RE SUPERSEDEAS-BOND REQUIREMENT AND MAY 21, 2013 SANCTIONS ORDER 178 , 180 , 181 by Judge Otis D. Wright, II: The Court issues this order to resolve several pending issues and requests.On June 11, 2013, the Court issued its Amended Order c oncerning the supersedeas-bond requirement. (ECF No. 177.) The order imposed additional conditions, including terms upon which the bond may be executed and an additional bond in the amount of $135,933.66. The order allowed the Prenda parties sev en days to acknowledge these conditions and fourteen days to post the additional bond. Upon reconsideration, the Court hereby extends both deadlines to July 15, 2013. Failure to meet this new deadline will result in the imposition of monetary sanctio ns. The Courtwill not consider any further motions to reconsider or stay enforcement in this matter. Further, although the Prenda parties bond was not posted with the Court until May 22, 2013two days after the deadlinethe Court finds that there was a goodfaith effort on their part to obtain the bond. The bond was obtained on May 16, 2013. (ECF No. 174.) Therefore, the Court hereby VACATES its May 21, 2013 Order imposing sanctions of $1,000 per day, per person or entity as to each of the Pre nda parties.To the extent Paul Hansmeiers Emergency Motion and Prenda Laws Emergency Motion seeks relief not mentioned above, those Motions are DENIED. (ECF Nos. 180, 181.) Finally, the Court notes that the posted bond conspicuously omits Gibbs as an obligee. The Court also recognizes Gibbs inability to pay and his dissociation with the Prenda parties. But the Court cannot grant his stipulation with Defendant Doe as to the applicability of the bond: the Court cannot compel the Prenda parties to post a bond on Gibbss behalf. (See ECF No. 178.) In light of Gibbs circumstances, the Court hereby VACATES its May 21, 2013 Order imposing sanctions as to Gibbs and waives the Rule 62(d) bond requirement as to Gibbs. Nevertheless, the Court notes tha t Gibbs remains jointly and severally liable with the Prenda parties for the May 6, 2013 sanctions and takes no position with respect to the enforceability of the Prenda parties bond in the event Gibbs is the sole party ultimately found liable on appeal. (lc). Modified on 6/17/2013. (lc).
July 18, 2013 224 Featured Case ORDER DENYING MOTION FOR RECONSIDERATION 201 : The Court DENIES Steeles Motion and directs Morgan Pietz and Nicholas Ranallo to file a regularly noticed motion for sanctions no later than 8/26/13. Steele is advised that the Federal Pro Se Clinic is located in the United States Courthouse by Judge Otis D. Wright, II. (lc). Modified on 7/18/2013 (lc).
October 30, 2013 243 Featured Case ORDER by Judge Otis D. Wright, II Granting Motion for Indicative Ruling Vacating 5/6/13 Sanctions Against Brett L Gibbs 240 . The November 18, 2013 hearing on the Motion for Ruling is VACATED and no appearances are necessary. (mg)
November 13, 2013 246 Featured Case ORDER VACATING MAY 6, 2013 MONETARY SANCTIONS AGAINST BRETT L. GIBBS 244 by Judge Otis D. Wright, II: Gibbs joint and several liability for the monetary sanctions imposed in the May 6, 2013 Order is VACATED.This order has no effect on non-monetary sanctions nor does this order affect the other parties subject to sanctions in the May 6, 2013 Order. (lc)
December 20, 2012 28 Featured Case ORDER VACATING PRIOR EARLY DISCOVERY ORDERS AND ORDER TO SHOW CAUSE by Judge Otis D Wright, II: This copyright infringement case filed by Plaintiff Ingenuity 13 LLC has been transferred to this Court. The Court hereby VACATES any prior order in this case allowing for the issuance of a Rule 45 subpoena prior to a Rule 26(f) scheduling conference. The Court also orders Ingenuity 13 to cease its discovery efforts relating to or based on information obtained through any above mentioned Rule 45 subpo enas Ingenuity 13s previously issued subpoenas in this case are hereby QUASHED. Within 3 days of this order, Ingenuity 13 must serve a copy of this order to all parties it subpoenaed in this case. Further, Ingenuity 13 must submit a discovery status report detailing its discovery efforts in this case with respect to identifying or locating the Doe Defendant by December 31, 2012. This report must name all persons Ingenuity 13 TO SHOW CAUSE in writing by December 31, 2012, why early discovery is w arranted in this situation. No appearances are necessary. Under Ninth Circuit precedent, a plaintiff should ordinarily be allowed discovery to uncover their identities, but discovery may be denied if it is (1) clear that discovery would not uncover t he identities, or (2) that the complaint would be dismissed on other grounds. Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). Ingenuity 13 must demonstrate to the Court, in light of the Courts above discussion, how it would proceed to unco ver the identity of the actual infringer once it has obtained subscriber information given that the actual infringer may be a person entirely unrelated to the subscriber while also considering how to minimize harassment and embarrassment of innocent citizens. Ingenuity 13 must also explain how it can guarantee to the Court that any such subscriber information would not be used to simply coerce a settlement from the subscriber (the easy route), as opposed to finding out who the true infringer is (the hard route).Ingenuity 13s discovery status report and response to this Order to Show Cause should be filed only in case no. 2:12-cv-6662-ODW(JCx), and should be combined with the discovery status reports and responses for the related Ingenuity 13 cases. Failure to timely comply with this order will result in the dismissal of this case. (lc)
January 28, 2013 44 Featured Case ORDER TO SHOW CAUSE RE LACK OF SERVICE by Judge Otis D. Wright, II: Plaintiff is hereby ORDERED TO SHOW CAUSE why Defendant has not been timely served. Plaintiff has 7 days to comply with this order; or if Defendant have been served, Plaintiff has 7 days to file the proof of service. Failure to respond will result in dismissal of this action. (lc)
February 7, 2013 48 Featured Case ORDER TO SHOW CAUSE RE SANCTIONS FOR RULE 11 AND LOCAL RULE 83-3 VIOLATIONS by Judge Otis D. Wright, II:This order to show cause is scheduled for hearing on March 11, 2013, at 1:30 p.m., to provide Mr. Gibbs the opportunity to justify his conduct. Ba sed on the unusual circumstances of this case, the Court invites Morgan E. Pietz to present evidence concerning the conduct outlined in this order. The Court declines to sanction Plaintiffs AF Holdings LLC and Ingenuity 13 LLC at this time for two re asons: (1) Mr. Gibbs appears to be closely related to or have a fiduciary interest in Plaintiffs; and; (2) it is likely Plaintiffs are devoid of assets. If Mr. Gibbs or Mr. Pietz so desire, they each may file by February 19, 2013, a brief discussing this matter. The Court will also welcome the appearance of Alan Cooperto either confirm or refute the fraud allegations. (lc)
February 27, 2013 57 Featured Case ORDER RE ORDER TO SHOW CAUSE RE SANCTION by Judge Otis D. Wright, II:In preparation for the March 11, 2013 Order to Show Cause re Sanctions hearing, the Court hereby orders the following: 1) The following cases are hereby consolidated for the purpose s of this Order to Show Cause: AF Holdings LLC v. Doe, No. 2:12-cv-6636-ODW(JCx) (C.D. Cal. filed Aug. 1, 2012); AF Holdings LLC v. Doe, No. 2:12-cv-6669-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-6662-ODW(JCx) (C.D . Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-6668-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-8333-ODW(JCx) (C.D. Cal. filed Sept. 27, 2012).All papers to be filed with the Court relating to this Order to Show Cause shallbe filed in the LEAD CASEIngenuity 13 LLC v. Doe, No. 2:12-cv-8333-ODW(JCx) (C.D.Cal. filed Sept. 27, 2012). The parties may each file a supplemental brief, limited to five pages, addressing the issues raised in the parties b riefs submitted on February 19, 2013. These supplemental briefs shall be filed by March 4, 2013. Brett Gibbs is hereby ordered to respond to the following questions in a separate brief, to be submitted by March 1, 2013.Further, Mr. Gibbs is reminded to appear in person at the March 11, 2013 hearing. (lc) Modified on 2/28/2013 (lc).

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Defendant: John Doe
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Plaintiff: Ingenuity13 LLC
Represented By: Brett Langdon Gibbs
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