Bodyguard Productions, Inc. v. Musante
| Bodyguard Productions, Inc. |
| Alex Musante and JOHN DOES 1-10 |
| 1:2019cv00139 |
| March 18, 2019 |
| US District Court for the District of Hawaii |
| ALAN C KAY |
| KENNETH J MANSFIELD |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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| Filing 22 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Bodyguard Productions, Inc. re #14 Scheduling Conference Statement, #16 Order on Motion for Miscellaneous Relief, #12 Supplement, 20 Order on Motion for Reconsideration,,,,,, (Attachments: #1 Memorandum, #2 Declaration of Counsel)(Culpepper, Kerry) |
| Filing 21 EX PARTE Motion MOTION FOR LEAVE TO REQUEST ISSUANCE OF ORDER GRANTING LETTERS OF REQUEST PRIOR TO A RULE 26(F) CONFERENCE Kerry S. Culpepper appearing for Plaintiff Bodyguard Productions, Inc. (Attachments: #1 Memorandum re motion, #2 Declaration of Counsel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Culpepper, Kerry) |
Filing 20
EO: On May 21, 2019, Plaintiff moved for reconsideration of this Court's Order Denying Plaintiff's Motion for Issuance of Letters of Request. ECF No. 17. "Motions for reconsideration of interlocutory orders may be brought only upon the following grounds: (a) Discovery of new material facts not previously available; (b) Intervening change in law; (c) Manifest error of law or fact." LR60.1. Plaintiff asserts that the Court committed manifest factual and legal error when it concluded that the proposed discovery might be unnecessary given that Alex Musante, the only defendant, had been served but has not disputed the claims against him. Plaintiff argues for the first time on reconsideration that notwithstanding Musante's admission or denial, the proposed discovery is necessary to request (i) injunctive relief, and (ii) join the operator of the website as a defendant. Plaintiff, however, made neither of these arguments in the underlying motion. ECF Nos. 11, 12. A motion for reconsideration is not a proper mechanism for presenting new legal theories that the movant failed to raise with respect to the underlying motion. See Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000); Haw. Stevedores, Inc. v. HT & T Co., 363 F. Supp. 2d 1253, 1269-70 (D. Haw. 2005). The Court DENIES the #17 Motion for Reconsideration of Order Denying Plaintiff's Motion for Issuance of Letters of Request. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 06/19/2019. (mansfield2)
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Filing 19
ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41 by Bodyguard Productions, Inc. - Signed by SENIOR UNITED STATES DISTRICT JUDGE ALAN C. KAY on 6/12/2019. (jo)
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| Filing 18 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against All Defendants, filed by Bodyguard Productions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Alex Musante, #4 Certificate of Service)(Culpepper, Kerry) |
| Filing 17 First MOTION for Reconsideration re #16 Order on Motion for Miscellaneous Relief PLAINTIFFS MOTION FOR RECONSIDERATION OF ORDER DENYING PLAINTIFFS MOTION FOR ISSUANCE OF LETTERS OF REQUEST Kerry S. Culpepper appearing for Plaintiff Bodyguard Productions, Inc. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Culpepper, Kerry) |
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Filing 16
ORDER DENYING PLAINTIFF'S MOTION FOR ISSUANCE OF LETTERS OF REQUEST re: #11 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/13/2019. (jo)
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| Filing 15 EP: RULE 16 SCHEDULING CONFERENCE not held.Discussion held regarding service, the named defendant in the complaint and how to proceed.Rule 16 Scheduling Conference is continued to July 15, 2019 at 9:30 a.m. before Magistrate Judge Kenneth J. Mansfield.EO:At this hearing the Court allowed a continuance of 90 days, therefore, the Rule 16 Scheduling Conference is continued to August 12, 2019 at 9:30 a.m. before Magistrate Judge Kenneth J. Mansfield.(FTR-Ctrm C6 9:30 - 9:40.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 14 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Culpepper, Kerry) |
| Filing 13 AMENDED DOCUMENT by Bodyguard Productions, Inc.. Amendment to #12 Supplement, Amended Certificate of Service. (Culpepper, Kerry) |
| Filing 12 SUPPLEMENT re #11 First MOTION FOR ISSUANCE OF LETTERS OF REQUEST filed by Bodyguard Productions, Inc. by Bodyguard Productions, Inc. . (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Culpepper, Kerry) |
| Filing 11 First MOTION FOR ISSUANCE OF LETTERS OF REQUEST Kerry S. Culpepper appearing for Plaintiff Bodyguard Productions, Inc. (Attachments: #1 Memorandum re motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Certificate of Service)(Culpepper, Kerry) |
| Filing 10 REPORT of Planning Meeting PURSUANT TO FED. R. CIV. P. 26(f) AND LR 26.1. (Attachments: #1 Certificate of Service)(Culpepper, Kerry) |
| Filing 9 SUMMONS Returned Executed by Bodyguard Productions, Inc. Defendant Alex Musante served on April 11, 2019. (Culpepper, Kerry) Docket Text Modified on 4/15/2019 (jo) |
| Filing 8 CIVIL Waiver of Service Packet. (Attachments: #1 AO 398- Notice of Lawsuit, #2 AO 399- Waiver of Summons)(cib) |
| Filing 7 Summons Issued as to Alex Musante. (cib) |
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Filing 6
Order Setting Rule 16 Scheduling Conference is set for 9:30AM on 5/13/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/18/2019. (cib)
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| Filing 5 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00139-ACK-KJM on all further pleadings.(cib) |
| Filing 4 NOTICE by Bodyguard Productions, Inc. Copyright Report Bodyguard Productions, Inc.. (Culpepper, Kerry) |
| Filing 3 Summons (Proposed) (Culpepper, Kerry) |
| Filing 2 First Corporate Disclosure Statement by Bodyguard Productions, Inc. identifying Corporate Parent Millennium IP, Inc. for Bodyguard Productions, Inc... (Culpepper, Kerry) |
| Filing 1 COMPLAINT for Copyright Infringement against Alex Musante ( Filing fee $ 400 receipt number 0975-2172838.), filed by Bodyguard Productions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Culpepper, Kerry) |
| COURT'S CERTIFICATE of Service - a copy of #1 Complaint, #4 Notice (Other) - Copyright Report has been served by First Class Mail to Register of Copyrights: Copyright Office. Library of Congress. Washington, D.C. 20559. (cib) |
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