Malibu Media, LLC v. Doe
Plaintiff: Malibu Media, LLC
Defendant: John Doe
Case Number: 1:2018cv11787
Filed: December 17, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Plaintiff
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This docket was last retrieved on January 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2019 Opinion or Order Filing 13 ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE granting #7 Motion for For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference. The Court being duly advised in the premises does hereby: FIND, ORDER AND ADJUDGE: Plaintiff established that "good cause" exists for it to serve a third party subpoena on Spectrum (hereinafter the "ISP"). See Arista Records, LLC v. Doe 3, 604 F.3d 110 (2d Cir. 2010) (citing Sony Music Entm't v. Does 1-40, 326 F. Supp. 2d 556, 564-65 (S.D.N.Y. 2004)); Malibu Media, LLC v. John Does 1-11, 2013 WL 3732839 (S.D.N.Y. 2013) (same); John Wiley & Sons, Inc. v. Doe Nos. 1-30, 284 F.R.D. 185, 189 (S.D.N.Y. 2012) (same). Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a copy of this Order. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any service provider that is identified in response to a subpoena as a provider of Internet services to one of the Defendants. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff's rights as set forth in its Complaint. DONE AND ORDERED. (Signed by Judge John G. Koeltl on 1/14/19) (yv)
January 13, 2019 Filing 12 NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin)
January 13, 2019 Filing 11 DECLARATION of Tobias Fieser in Support re: #7 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference re: #6 Order on Motion for Leave to File Document, .. Document filed by Malibu Media, LLC. (Conway, Kevin)
January 13, 2019 Filing 10 DECLARATION of Patrick Paige in Support re: #7 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference re: #6 Order on Motion for Leave to File Document, .. Document filed by Malibu Media, LLC. (Conway, Kevin)
January 13, 2019 Filing 9 DECLARATION of Colette Pelissier in Support re: #7 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference re: #6 Order on Motion for Leave to File Document, .. Document filed by Malibu Media, LLC. (Conway, Kevin)
January 13, 2019 Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference re: #6 Order on Motion for Leave to File Document, . . Document filed by Malibu Media, LLC. (Conway, Kevin)
January 13, 2019 Filing 7 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference re: #6 Order on Motion for Leave to File Document, . Document filed by Malibu Media, LLC. (Attachments: #1 Text of Proposed Order)(Conway, Kevin)
January 10, 2019 Opinion or Order Filing 6 ORDER granting #5 Letter Motion for Leave to File Pre-motion Request to File a Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference and Request to Adjourn the Initial Rule 16 Scheduling Conference until Defendant Is Served. APPLICATION TO SERVE THIRD PARTY SUBPOENA GRANTED. CONFERENCE SCHEDULED FOR TUESDAY, MARCH 12, 2019, AT 4:30PM. SO ORDERED. (Signed by Judge John G. Koeltl on 1/10/2019) (jca)
January 10, 2019 Set/Reset Hearings: Initial Conference set for 3/12/2019 at 04:30 PM before Judge John G. Koeltl. (jca)
January 1, 2019 Filing 5 LETTER MOTION for Leave to File Pre-motion Request to File a Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference and Request to Adjourn the Initial Rule 16 Scheduling Conference until Defendant Is Served addressed to Judge John G. Koeltl from Kevin T. Conway, Esq. dated January 1, 2019. Document filed by Malibu Media, LLC.(Conway, Kevin)
December 18, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin T. Conway. The party information for the following party/parties has been modified: John Doe. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
December 18, 2018 Magistrate Judge Robert W. Lehrburger 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. (jgo)
December 18, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (jgo)
December 18, 2018 Case Designated ECF. (jgo)
December 17, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(Conway, Kevin)
December 17, 2018 Filing 3 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)
December 17, 2018 Filing 2 CIVIL COVER SHEET filed. (Conway, Kevin)
December 17, 2018 Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number ANYSDC-16062013)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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