TBV Productions, LLC et al v. Aptoide S.A. et al

Plaintiff: Hunter Killer Productions, Inc. and TBV Productions, LLC
Defendant: DOE, Aptoide S.A. and John Does 1-10
Case Number: 1:2019cv00171
Filed: April 4, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: JILL A OTAKE
Referring Judge: ROM TRADER
Nature of Suit: Copyright
Cause of Action: 17:101
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2019 Opinion or Order Filing 18 ORDER Denying Plaintiffs' Motion For Order Permitting Clerk To Perform Foreign Mailing re #16 . Signed by MAGISTRATE JUDGE ROM TRADER on 5/31/2019. (cib)
May 24, 2019 Filing 17 EO: Pursuant to Kerry Culpepper's request, the Rule 16 Scheduling Conference set for 6/3/19 @ 9:00 AM is CONTINUED to 8/1/2019 @ 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference statements to be filed by 7/25/19. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
April 26, 2019 Filing 16 First MOTION FOR ORDER PERMITING CLERK TO PERFORM FOREIGN MAILING Kerry S. Culpepper appearing for Plaintiffs Hunter Killer Productions, Inc., TBV Productions, LLC (Attachments: #1 Memorandum re Motion, #2 Exhibit 1)(Culpepper, Kerry)
April 26, 2019 Filing 15 EO: On 4/22/19, Plaintiff filed an #13 Affidavit Requesting Foreign Mailing, wherein it requests that the Clerk send via Fed Ex specified documents to Defendant Aptoide S.A. in Portugal pursuant to Federal Rule of Civil Procedure ("FRCP") 4(f)(2)(C)(ii). Plaintiff represents that this method of service is authorized by Portugal's domestic law according to the U.S. Department of State's website. The Court disagrees. First, the U.S. Department of State website merely provides that Portugal is a party to the Hague Service Convention and allows service of process by mail. Significantly, it contains a disclaimer stating "THIS INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR FOREIGN COUNSEL." https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country-Information/ Portugal.html (last visited Apr. 26, 2019). Plaintiff's exclusive reliance on the website ignores the express provisions of FRCP 4(f). Second, FRCP 4(h)(2)--applicable here because Defendant is a foreign corporation--prescribes that service be effectuated "in any manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(C)(i)." Fed. R. Civ. P. 4(h)(2). FRCP 4(f)(1) authorizes service outside "any judicial district of the United States: (1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents." Fed. R. Civ. P. 4(f)(1) (emphasis added). Portugal is a signatory of the Hague Convention. Yet Plaintiff has not explained why it has not endeavored to comply with the Hague Convention or why service could not be effectuated by means established by the Hague Convention. FRCP 4(f)(2) expressly applies "if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice." Fed. R. Civ. P. 4(f)(2) (emphasis added).Any request concerning foreign service must be submitted as a formal motion. Plaintiff may not direct the Clerk's office to act on its behalf without Court approval, particularly because it appears that this is an attempt to circumvent the strictures of FRCP 4. That other district courts may have established procedures for transmission of pleadings pursuant to FRCP 4(f)(2)(C)(ii) does not provide authority here. This district has not implemented any formal procedures under FRCP 4(f)(2)(C)(ii). Even if it had, Plaintiff would not be entitled to avail itself of FRCP 4(f)(2)(C)(ii) without first demonstrating compliance with FRCP 4(f)(1). (JUDGE JILL A. OTAKE)(otake1) Modified on 4/26/2019 (otake1, ).
April 23, 2019 Opinion or Order Filing 14 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION re #11 - Signed by JUDGE JILL A. OTAKE on 4/22/2019. (emt, )
April 22, 2019 Filing 13 First AFFIDAVIT REQUESTING FOREIGN MAILING by Hunter Killer Productions, Inc., TBV Productions, LLC. (Culpepper, Kerry)
April 16, 2019 COURT'S CERTIFICATE of Service - a copy of the #3 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright and #1 Complaint, have been served by First Class Mail to the Register of Copyrights at U.S. Copyright Office, 101 Independence Ave., S.E., Washington, DC 20559-6000 on April 16, 2019. (emt, )
April 15, 2019 Filing 12 CERTIFICATE OF SERVICE by Hunter Killer Productions, Inc., TBV Productions, LLC re #11 MOTION for Reconsideration of Order Denying Plaintiffs' Application for Entry of Temporary Restraining Order and Preliminary Injunction (Culpepper, Kerry)
April 10, 2019 Filing 11 EX PARTE Request MOTION for Reconsideration of Order [Doc. 10 ] Denying Plaintiffs' Application for Entry of Temporary Restraining Order and Preliminary Injunction FOR RECONSIDERATION OF ORDER [DOC. #10] DENYING PLAINTIFFS APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION [DOC. #7] Kerry S. Culpepper appearing for Plaintiffs Hunter Killer Productions, Inc., TBV Productions, LLC (Attachments: #1 Declaration of Counsel, #2 Exhibit 1, #3 Exhibit 2)(Culpepper, Kerry) Modified on 4/10/2019 to correct filing event from "Ex Parte" to "Motion for Reconsideration" (emt, ).
April 9, 2019 Filing 10 EO: On 4/6/19, Plaintiffs filed an #7 Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction. Federal Rule of Civil Procedure ("FRCP") 65(b) authorizes the Court to issue a TRO without notice to the adverse party or its attorney only if: "(A) specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movants attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b). Plaintiffs claim that "Defendant and Third Party Enom, Inc. received notice of this application by electronic mail, as set forth in the Declaration of Counsel submitted herewith." Doc. No. #7 at 23. Plaintiffs, however, failed to attach an attorney declaration detailing any efforts made to give notice or reasons why it should not be required. In addition, Plaintiffs claim personal jurisdiction is appropriate pursuant to FRCP 4(k)(1) and/or 4(k)(2), but Defendant has not been served. FRCP 4(k) expressly requires service of a summons or the filing of a waiver of service to establish personal jurisdiction over a defendant under certain circumstances. Fed. R. Civ. P. 4(k)(1)(A), 4(k)(2). Accordingly, the Court cannot exercise personal jurisdiction over Defendant Apotoide. For these reasons, the Court DENIES Plaintiffs' #7 Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction. (JUDGE JILL A. OTAKE)(shm)
April 9, 2019 Filing 9 Summons Issued as to Aptoide S.A. (emt, )
April 8, 2019 Filing 8 Summons (Proposed) (Culpepper, Kerry)
April 6, 2019 Filing 7 EX PARTE Application for Temporary Restraining Order and Preliminary Injunction Kerry S. Culpepper appearing for Plaintiffs Hunter Killer Productions, Inc., TBV Productions, LLC (Attachments: #1 Memorandum, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Jonathan Yunger)(Culpepper, Kerry)
April 5, 2019 Filing 6 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
April 5, 2019 Opinion or Order Filing 5 Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 6/3/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/5/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
April 5, 2019 Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00171 JAO-RT on all further pleadings. (emt, )
April 4, 2019 Filing 3 NOTICE by Hunter Killer Productions, Inc., TBV Productions, LLC Hunter Killer Productions, Inc., TBV Productions, LLC. (Culpepper, Kerry)
April 4, 2019 Filing 2 First Corporate Disclosure Statement by Hunter Killer Productions, Inc., TBV Productions, LLC identifying Corporate Parent Voltage Productions, LLC for TBV Productions, LLC; Corporate Parent Millennium Funding, Inc. for Hunter Killer Productions, Inc... (Culpepper, Kerry)
April 4, 2019 Filing 1 COMPLAINT FOR INDUCEMENT AND CONTRIBUTORY COPYRIGHT INFRINGEMENT against Aptoide S.A., DOE ( Filing fee $ 400 receipt number 0975-2181780.), filed by TBV Productions, LLC, Hunter Killer Productions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Declaration of Eric Smith, #9 Civil Cover Sheet)(Culpepper, Kerry)

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Plaintiff: Hunter Killer Productions, Inc.
Represented By: Kerry S. Culpepper
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Plaintiff: TBV Productions, LLC
Represented By: Kerry S. Culpepper
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Defendant: DOE
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Defendant: Aptoide S.A.
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Defendant: John Does 1-10
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