Hunter Killer Productions, Inc. v. Galios, et al

Plaintiff: Hunter Killer Productions, Inc.
Defendant: John Doe, Gerard Galios and John Quiroz
Case Number: 1:2019cv00327
Filed: June 25, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: JILL A OTAKE
Nature of Suit: Copyright
Cause of Action: 17:101
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2019 Opinion or Order Filing 18 EO: On July 31, 2019, Plaintiff Hunter Killer Productions, Inc. ("Plaintiff") filed an Ex Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference ("Motion"). ECF No. 11. Generally, unless authorized by court order, a party is prohibited from seeking discovery before the Federal Rule of Civil Procedure 26(f) conference. Fed. R. Civ. P. 26(d)(1). In rare situations, "courts have made exceptions, permitting limited discovery to ensue after filing of the complaint to permit the plaintiff to learn the identifying facts necessary to permit service on the defendant." Columbia Ins. Co. v. Seescandy.com, 185 F.R.D. 573, 577 (N.D. Cal. 1999) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)). In deciding whether to allow early discovery, courts consider whether a plaintiff has shown good cause. See Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). "Good cause" may be found where the "need for expedited discovery, in consideration of the administration of justice, outweighs the prejudice to the responding party." Id.Plaintiff's counsel's declaration in support of the Motion clearly indicates that Plaintiff has obtained Defendant John Doe's real name, John McCullough. See ECF No. 11-2 at 4. Plaintiff has also obtained Mr. McCullough's email address and IP address, which is located in Baltimore, Maryland. See id. Neither the Motion nor Plaintiff's counsel's declaration asserts that there is any reason to believe that John McCullough is a pseudonym. The Court finds that good cause does not exist to permit Plaintiff to conduct the requested early discovery, as Plaintiff knows Defendant John Doe's real name and thus such discovery would not uncover the identity of an unknown defendant. See Gillespie, 629 F.2d at 642 (stating that a plaintiff "should be given an opportunity through discovery to identify the unknown defendants, unless it is clear that discovery would not uncover the identities, or that the complaint would be dismissed on other grounds"). Accordingly, the Court DENIES the Motion. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 08/23/2019. (mansfield2)
August 21, 2019 Filing 17 EO: Scheduling Conference that was previously vacated shall be converted into a Status Conference for 08/28/2019 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 21, 2019 Filing 16 EO: In light of the #15 Entry of Default, the Rule 16 Scheduling Conference set for 08/26/2019 is VACATED. Plaintiff shall seek default judgment no later than 09/13/2019.(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 14, 2019 COURT'S CERTIFICATE of Service - a copy of #15 Clerk's Entry of Default has been served by First Class Mail to Gerard Galios at 665 Pohaku St., Kahului, HI 96732-1727 (address referenced in ECF No. #14 ) on August 14, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
August 14, 2019 Filing 15 ENTRY OF DEFAULT of Defendant Gerard Galios re ECF No. #14 . (emt, )
August 13, 2019 Filing 14 First MOTION for Entry of Default RULE 55(a) REQUEST FOR CLERK TO ENTER DEFAULT AGAINST GERARD GALIOS Kerry S. Culpepper appearing for Plaintiff Hunter Killer Productions, Inc. (Attachments: #1 Declaration of Counsel, #2 Proposed Order, #3 Certificate of Service)(Culpepper, Kerry) Modified on 8/14/2019 (emt, ).
August 12, 2019 Filing 13 SUMMONS Returned Executed by Hunter Killer Productions, Inc.. Gerard Galios served on 7/21/2019 . (Culpepper, Kerry) Modified on 8/13/2019 (emt, ).
August 12, 2019 Filing 12 Scheduling Conference Statement PLAINTIFFS SCHEDULING CONFERENCE STATEMENT. (Culpepper, Kerry)
July 31, 2019 Filing 11 EX PARTE Motion PLAINTIFFS EX PARTE MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENAS PRIOR TO A RULE 26(F) CONFERENCE Kerry S. Culpepper appearing for Plaintiff Hunter Killer Productions, Inc. (Attachments: #1 Memorandum re Motion, #2 Declaration of Counsel)(Culpepper, Kerry)
July 11, 2019 Filing 10 STIPULATED CONSENT JUDGMENT BETWEEN PLAINTIFF AND DEFENDANT JOHN QUIROZ - Signed by JUDGE JILL A. OTAKE. (emt, )
July 3, 2019 Filing 9 WAIVER OF SERVICE Returned Executed by Hunter Killer Productions, Inc.. John Quiroz waiver sent on 7/1/2019, answer due 8/30/2019. (Culpepper, Kerry)
June 26, 2019 Filing 8 CIVIL Waiver of Service Packet. (Attachments: #1 AO 398- Notice of Lawsuit, #2 AO 399- Waiver of Summons)(cib)
June 26, 2019 COURT'S CERTIFICATE of Service - a copy of the #1 Complaint and #3 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright has been served by First Class Mail to the Register of Copyrights, U.S. Copyright Office, 101 Independence Ave., S.E., Washington, D.C. 20559-6000 on June 26, 2019. (emt, )
June 25, 2019 Filing 7 Summons Issued as to Gerard Galios, John Quiroz. (cib)
June 25, 2019 Opinion or Order Filing 6 Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 8/26/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/25/2019. (Attachments: #1 Clerk's Memo re: Corporate Disclosure)(cib) Modified on 6/26/2019 (emt, ). 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.
June 25, 2019 Filing 5 NOTICE of Case Assignment; Please reflect Civil case number CV 19-00327-JAO-KJM on all further pleadings. (cib)
June 25, 2019 Filing 4 Summons (Proposed) (Attachments: #1 Proposed Summons)(Culpepper, Kerry)
June 25, 2019 Filing 3 NOTICE by Hunter Killer Productions, Inc. Copyright Report Hunter Killer Productions, Inc.. (Culpepper, Kerry)
June 25, 2019 Filing 2 Corporate Disclosure Statement by Hunter Killer Productions, Inc. identifying Corporate Parent Millennium Funding, Inc. for Hunter Killer Productions, Inc... (Culpepper, Kerry)
June 25, 2019 Filing 1 COMPLAINT for Copyright Infringement against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0975-2222812.), filed by Hunter Killer Productions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Culpepper, Kerry)

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Plaintiff: Hunter Killer Productions, Inc.
Represented By: Kerry S. Culpepper
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Defendant: John Doe
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Defendant: Gerard Galios
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Defendant: John Quiroz
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