Malibu Media, LLC v. Doe
| Malibu Media, LLC |
| John Doe |
| 1:2018cv11883 |
| December 18, 2018 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Paul G Gardephe |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE of of Service re: #15 Order,,,,,,,,,,,. Document filed by Malibu Media, LLC. (Conway, Kevin) |
Filing 15
ORDER: For the reasons set forth above, IT IS HEREBY ORDERED that: 1. The Defendant may proceed anonymously as John Doe in this action unless and until the Court orders otherwise. 2. Within 14 days of the date of this Order, Plaintiff may serve a Rule 45 subpoena on the ISP seeking only the name and address of the Defendant to whom the ISP assigned the IP address set forth in the Complaint in this action. Plaintiff is not permitted to subpoena the Defendant's telephone number or email address. The subpoena shall attach a copy of this Order, along with the attached Notice to Defendant." Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any ISP that is identified in response to a subpoena as a provider of internet services to the Defendant. 3. The ISP shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon it to serve Defendant with a copy of the subpoena, a copy of this Order, and a copy of the attached Notice to Defendant. The ISP may serve Defendant using any reasonable means, such as written notice to a last known address, transmitted either by first- class mail or via overnight service. 4. Defendant shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon her or him to file any motion with this Court contesting the subpoena (including a motion to quash or to modify the subpoena). The ISP may not turn over Defendant's information to Plaintiff prior to the close of this 60-day period. Additionally, if Defendant or the ISP files a motion to quash the subpoena, the ISP may not turn over any information to Plaintiff until the issue has been resolved and the Court has issued an order instructing the ISP to resume in turning over the requested discovery. 5. If that 60-day period closes without Defendant or the ISP contesting the subpoena, the ISP shall then have 10 days to produce the information responsive to the subpoena to Plaintiff. If Defendant moves to quash or to modify the subpoena, or to proceed anonymously, he or she shall, at the same time as his or her filing, notify the ISP so the ISP is on notice not to release Defendant's information to Plaintiff until the Court rules on any such motions. 6. The ISP shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash. 7. An ISP that receives a subpoena pursuant to this Order shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. An ISP that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to Plaintiff. 8. Any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting its rights as set forth in its Complaint. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/7/2019) (js)
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| Filing 14 NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 13 DECLARATION of Tobias Fieser in Support re: #9 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 12 DECLARATION of Patrick Paige in Support re: #9 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 11 DECLARATION of Colette Pelissier in Support re: #9 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference . . Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 9 MOTION For Leave to Serve a Third-Party Subpoena on Defendant's ISP Prior to a Rule 26(f) Conference . Document filed by Malibu Media, LLC. (Attachments: #1 Text of Proposed Order)(Conway, Kevin) |
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Filing 8
ORDER granting #7 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 Paul G. Gardephe from Kevin T. Conway, Esq. dated January 1, 2019. Document filed by Malibu Media, LLC. Application GRANTED. Plaintiff shall file its Motion no later than January 16, 2019. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/2/2019) (rjm)
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| Magistrate Judge Stewart D. Aaron 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) |
| Set/Reset Deadlines: Motions due by 1/16/2019. (rjm) |
| Filing 7 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 Paul G. Gardephe from Kevin T. Conway, Esq. dated January 1, 2019. Document filed by Malibu Media, LLC.(Conway, Kevin) |
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/28/2018) (jca)
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| Filing 5 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| ***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) |
| Case Designated ECF. (jgo) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(Conway, Kevin) |
| 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) |
| Filing 2 CIVIL COVER SHEET filed. (Conway, Kevin) |
| Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number ANYSDC-16070308)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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