Malibu Media, LLC v. Doe
| Malibu Media, LLC |
| John Doe |
| 1:2019cv04915 |
| May 26, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
Docket Report
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Filing 12
ORDER granting #6 Motion. The Court therefore grants Malibu Media's Motion subject to the protective order below. IT IS HEREBY ORDERED that: 1. The Defendant may proceed anonymously as John Doe unless and until the Court orders otherwise. 2. Plaintiffs shall not initiate settlement discussions prior to service of the Complaint without leave of Court. Nevertheless, if Defendant initiates such discussions, Plaintiff is permitted to participate therein and to settle the case. 3. Malibu Media may immediately 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 Exhibits A and C to the Complaint in this action. Malibu Media 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." Malibu Media 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. 4. The ISP shall have 60 days from the date of service of the Rule 45 subpoena and this Order upon them to serve Defendant with a copy of the subpoena, a copy of this Order, and a copy of the "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. (as further set out in this order). Plaintiff is further directed to file a status letter with the Court by September 20, 2019. The Clerk of Court is respectfully requested to close the open motion at docket number 6. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/20/2019) (kv)
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| Filing 11 NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin) |
| Filing 10 DECLARATION of Tobias Fieser in Support re: #6 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 DECLARATION of Patrick Paige in Support re: #6 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 8 DECLARATION of Colette Pelissier in Support re: #6 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 7 MEMORANDUM OF LAW in Support re: #6 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 6 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) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (pc) |
| ***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;. (pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| 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-16958835)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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