Bernath v. Youtube LLC et al
Plaintiff: Daniel A. Bernath
Defendant: Youtube LLC, Don Shipley and Carol Diane Blazer Shipley
Case Number: 2:2016cv00040
Filed: January 25, 2016
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Lee
Presiding Judge: John E. Steele
Presiding Judge: Carol Mirando
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101 Copyright Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 15, 2017 Opinion or Order Filing 77 OPINION AND ORDER denying 66 motion to dismiss the Second Amended Complaint however paragraph 63 (punitive damages) is stricken. Defendants shall file an answer within 14 days of this Opinion and Order. Signed by Judge John E. Steele on 9/15/2017. (RKR)
March 20, 2017 Opinion or Order Filing 59 OPINION AND ORDER granting 54 motion to dismiss and the First Amended Complaint is dismissed without prejudice as to the First, Fifth, Sixth, and Seventh Causes of Action, and otherwise with prejudice. Plaintiff may file a Third and last Amende d Complaint as to those viable claims dismissed without prejudice within 14 days of this Opinion and Order. See Opinion and Order for details. The Clerk shall terminate YouTube, LLC as a defendant. Signed by Judge John E. Steele on 3/20/2017. (RKR)
December 6, 2016 Opinion or Order Filing 52 OPINION AND ORDER granting 33 motion to dismiss for failure to state a cause of action and the 1 Complaint is dismissed without prejudice to filing an amended complaint within 14 days; otherwise denying Motion to dismiss for lack of personal jurisdiction or to transfer case as premature and pending the filing of an Amended Complaint; denying as moot 39 Motion for discovery, Motion to Continue until after discovery on jurisdiciton. Signed by Judge John E. Steele on 12/6/2016. (RKR)
July 13, 2016 Opinion or Order Filing 29 ORDER denying as moot 27 Defendants' Second Amended Motion for Extension of Time to Respond to Plaintiff's Complaint; denying 26 Plaintiff's Request Magistrate Recuse Self Request Oral Argument with Art. III Judge regarding Mot ion to Strike purported Amended Motion for Extension of Time to Respond to Plaintiff's Complaint as Defendants are in Default or, and all further motions or actions herein; denying as moot 24 Plaintiff's Motion to Strike Purported Amended Motion for Extension of Time to Respond to Plaintiff's Complaint as Defendants are in Default or, Opposition Motion to Set Aside Default; granting 23 Defendants Don Shipley and Carol Diane Blazer Shipley's Amended Motion for Extension of Time to Respond to Plaintiff's Complaint; denying as moot 16 Plaintiff's Motion for Clerk's Default Against Don Shipley and Carol Blazer Shipley for Sum Certain Pursuant to FRCP 55(b) or Judgment by the Court; denying 11 Plaintiff's Motion for Entry of Default Regarding Don Shipley, Carol Diane Blazer Shipley. Signed by Magistrate Judge Carol Mirando on 7/13/2016.(LS)
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Plaintiff: Daniel A. Bernath
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Defendant: Youtube LLC
Represented By: Edward M. Mullins
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Defendant: Don Shipley
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Defendant: Carol Diane Blazer Shipley
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