Malibu Media, LLC v. Doe
| Malibu Media, LLC |
| John Doe |
| 1:2018cv05612 |
| June 21, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard J Sullivan |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 NOTICE of Service of Third-Party Subpoena. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 14 LETTER addressed to Judge Richard J. Sullivan from Kevin T. Conway, Esq. dated July 21, 2018 re: Request for Corrected Order. Document filed by Malibu Media, LLC. (Attachments: #1 Order)(Conway, Kevin) |
Filing 13
ORDER granting #7 Motion. Accordingly, the Court concludes that Plaintiff has satisfied its burden in demonstrating good cause to support the issuance of an ex parte Rule 26( d)(l) subpoena, and grants Plaintiffs motion. IT IS HEREBY ORDERED THAT, no later than July 27, 2018, Plaintiff shall serve a Rule 45 subpoena on the ISP to obtain information to identify the Defendant's name and current and permanent addresses. Plaintiff is expressly not permitted to subpoena the ISP for Defendant's email addresses or telephone numbers. IT IS FURTHER ORDERED THAT Defendant shall have until September 21, 2018 to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. Additionally, if the Defendant or the ISP files a motion to quash or modify the subpoena, or a request to litigate the subpoena anonymously, the ISP may not tum over any information to Plaintiff until the motion(s) and/or request(s) has been addressed and the Court has issued an order instructing the ISP to resume turning over the requested discovery. The Clerk of Court is respectfully requested to terminate the motions pending at docket number 7. SO ORDERED. (As further set forth in this order) (Signed by Judge Richard J. Sullivan on 7/18/2018) (ne) (Main Document 13 replaced on 7/23/2018) (ne).
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| Set/Reset Deadlines: Motions due by 9/21/2018. (ne) |
| Filing 12 NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 11 DECLARATION of Tobias Fieser in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) |
| Filing 10 DECLARATION of Patrick Paige in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) |
| Filing 9 DECLARATION of Colette Pelissier in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference . . Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference . Document filed by Malibu Media, LLC. (Attachments: #1 Text of Proposed Order)(Conway, Kevin) |
| Filing 6 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pne) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin T. Conway. The party information for the following party has been modified: John Doe. The information for the party has been modified for the following reason: party text was omitted. (pne) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(Conway, Kevin) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit)(Conway, Kevin) |
| Filing 3 CIVIL COVER SHEET filed. (Conway, Kevin) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Conway, Kevin) Modified on 6/22/2018 (pne). |
| Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number 0208-15227935)Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Conway, Kevin) |
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| Defendant: John Doe | |
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| Plaintiff: Malibu Media, LLC | |
| Represented By: | Kevin T. Conway |
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