Malibu Media, LLC v. Doe
| Malibu Media, LLC |
| John Doe, subscriber assigned IP address 205.178.38.226 and John Doe |
| 1:2018cv08439 |
| December 24, 2018 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
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| Filing 13 MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in Plaintiff's initial status report #12 , the initial status conference previously set for 2/7/19 is stricken and reset for 4/3/19 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 12 STATUS Report by Malibu Media, LLC (Schulz, Mary) |
| Filing 11 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP%20Standing%20Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Courts official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 2/7/2019 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 1/28/2019, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Plaintiff's motion for leave to serve a third party subpoena prior to Rule 26(f) conference #8 is granted. Such early discovery is generally allowed only under limited circumstances. See, e.g., Fed. R. Civ. P. 26(d); Dallas Buyers Club, LLC v. Does 1-28, No. 14 C 4927, 2014 WL 3642163, at *2 (N.D. Ill. July 22, 2014). Here, the Court finds that good cause exists to allow plaintiff to obtain discovery prior to the conference. Plaintiff may cause to be issued a subpoena to the ISP that provided internet service to the defendant identified by the referenced IP address in order to obtain information regarding that defendant's name and address. This order is without prejudice to the defendant or ISP moving to quash the subpoena on any available ground. The 1/8/19 Notice of Motion date is stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 10 NOTICE of Motion by Mary K. Schulz for presentment of motion for miscellaneous relief #8 before Honorable John Robert Blakey on 1/8/2019 at 09:45 AM. (Schulz, Mary) |
| Filing 9 MEMORANDUM by Malibu Media, LLC in support of motion for miscellaneous relief #8 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schulz, Mary) |
| Filing 8 MOTION by Plaintiff Malibu Media, LLCfor early discovery (Attachments: #1 Text of Proposed Order)(Schulz, Mary) |
| Filing 7 MAILED copyright report to Registrar, Washington DC. (Attachments: #1 Copyright Registration) (kp, ) |
| Filing 6 NOTICE of Correction regarding Copyright Report #5 . (kp, ) |
| Filing 5 MAILED copyright report to Registrar, Washington DC. (Attachments: #1 Copyright Registration)(kp, ) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jjr, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Malibu Media, LLC by Mary K. Schulz (Schulz, Mary) |
| Filing 2 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Malibu Media, LLC (Schulz, Mary) |
| Filing 1 COMPLAINT filed by Malibu Media, LLC; jury demand. Filing fee $ 400, receipt number 0752-15311446. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Schulz, Mary) |
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