Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 108.244.201.192

Plaintiff: Strike 3 Holdings, LLC
Defendant: JOHN DOE subscriber assigned IP address 108.244.201.192
Case Number: 1:2019cv21197
Filed: March 29, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
Nature of Suit: Copyright
Cause of Action: 17:0101
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2019 Opinion or Order Filing 12 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Second Motion for an Extension of Time within which to Hold a Scheduling Conference and First Request for an Extension of Time to Effectuate Service on Defendant. #11 . In Plaintiff's First Motion for Extension of Time within which to Hold a Scheduling Conference, Plaintiff explained that this is a copyright infringement case against a John Doe Defendant known to Plaintiff only by an IP address. #8 at 1. Plaintiff further explained that Defendant's identity is only known to John Doe Defendant's Internet Service Provider ("ISP"). Id. At the time, there was a pending Motion for Leave to Serve a Third Party Subpoena on John Doe Defendant's ISP. #7 . In light of the pending Motion, on May 24, 2019, the Court extended the deadline within which to hold a scheduling conference until June 27, 2019. 9 . In the Order, the Court stated that Plaintiff may file a renewed motion for an extension of time if Defendant had not been served by that time. Id. On June 3, 2019, Magistrate Judge Jacqueline Becerra granted Plaintiff's Motion for Leave to Serve a Third Party Subpoena on John Doe Defendant's ISP. #10 . In the instant Motion, Plaintiff states that it served a third party subpoena on Defendant's ISP to obtain Defendant's identity on June 7, 2019. #11 at 2. In accordance with the time allowances set forth in Magistrate Judge Becerra's Order, Plaintiff states that it expects to receive the ISP's response on or about July 22, 2019. Id. To allow ample time for compliance with the service and response deadlines set forth in Magistrate Judge Becerra's Order, Plaintiff requests that the deadline within which to hold a scheduling conference be extended for sixty (60) days from July 22, 2019. Id. Further, Plaintiff requests an extension of time within which to serve Defendant pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. #11 . Rule 4(m) provides that "the court must extend the time for service for an appropriate period" if a plaintiff shows good cause for failure to effectuate service within ninety (90) days after the complaint is filed. Fed. R. Civ. P. 4(m). Here, Plaintiff has shown good cause for an extension of time to effectuate service. To permit adherence to the deadlines set forth in Magistrate Judge Becerra's Order and to provide Plaintiff with sufficient time to confirm that the individual identified by the ISP is the appropriate defendant for this action, Plaintiff requests an extension of time of sixty (60) days following July 22, 2019, the date it expects to learn Defendant's identity, to perfect service. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for an Extension of Time #11 is GRANTED IN PART. Plaintiff shall perfect service on Defendant on or before September 20, 2019. Within thirty (30) days of service upon Defendant, the Parties shall hold a scheduling conference. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. Signed by Chief Judge K. Michael Moore on 6/25/2019. (eso)
June 24, 2019 Filing 11 Second MOTION for Extension of Time Within Which to Hold a Scheduling Conference and First Request for an Extension of Time to Effectuate Service on Defendant re 9 Order on Motion for Extension of Time,,,, by Strike 3 Holdings, LLC. Responses due by 7/8/2019 (Attachments: #1 Text of Proposed Order)(Walker, Rachel)
June 3, 2019 Opinion or Order Filing 10 ORDER granting #7 Motion for Leave to Serve a Third-Party Subpoena. Signed by Magistrate Judge Jacqueline Becerra on 6/3/2019. See attached document for full details. (pes)
May 24, 2019 Opinion or Order Filing 9 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for an Extension of Time within which to Hold a Scheduling Conference. #8 . Therein, Plaintiff states that this is a copyright infringement case against a John Doe Defendant known to Plaintiff only by an IP address. #8 at 1. Plaintiff further states that Defendant's identity is only known to Defendant's Internet service provider ("ISP"). Id. On May 2, 2019, Plaintiff filed a Motion for Leave to Serve a Third Party Subpoena on Defendant's ISP. #7 . In light of this pending Motion, Plaintiff seeks an extension of time to hold a scheduling conference. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for an Extension of Time #8 is GRANTED. The Parties shall hold a scheduling conference on or before June 27, 2019. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. Plaintiff may file a renewed motion for extension of time if Defendant has not been served at that time. Signed by Chief Judge K. Michael Moore on 5/24/2019. (eso)
May 23, 2019 Filing 8 Plaintiff's MOTION for Extension of Time Within Which to Hold a Scheduling Conference re 5 Pretrial Order,,,,,,,,,,,,,, by Strike 3 Holdings, LLC. Responses due by 6/6/2019 (Attachments: #1 Text of Proposed Order)(Walker, Rachel)
May 2, 2019 Filing 7 Plaintiff's MOTION Motion for Leave for Serve a Third Party Subpoena Prior to a Rule 26(f) Conference by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A - Declaration of Greg Lansky, #2 Exhibit B - Declaration of Tobias Fieser, #3 Exhibit C - Declaration of Philip Pasquale, #4 Exhibit D - Declaration of Susan B. Stalzer, #5 Text of Proposed Order E - Proposed Order)(Walker, Rachel)
April 1, 2019 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 4/1/2019. (eso)
April 1, 2019 Opinion or Order Filing 5 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 4/1/2019. (eso)
April 1, 2019 Filing 4 Corporate Disclosure Statement by Strike 3 Holdings, LLC identifying Corporate Parent General Media Systems, LLC for Strike 3 Holdings, LLC (Walker, Rachel)
March 29, 2019 Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE by mail (Attachments: #1 Complaint) (mee)
March 29, 2019 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mee)
March 29, 2019 Filing 1 COMPLAINT - ACTION FOR DAMAGES FOR PROPERTY RIGHTS INFRINGEMENT against JOHN DOE subscriber assigned IP address 108.244.201.192. Filing fees $ 400.00 receipt number 113C-11515911, filed by Strike 3 Holdings, LLC. (Attachments: #1 Exhibit A to the Complaint, #2 Civil Cover Sheet)(Walker, Rachel)

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Defendant: JOHN DOE subscriber assigned IP address 108.244.201.192
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Plaintiff: Strike 3 Holdings, LLC
Represented By: Rachel Elizabeth Walker
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