Malibu Media, LLC v. Doe
Plaintiff: Malibu Media, LLC
Defendant: John Doe
Case Number: 1:2019cv06109
Filed: June 30, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Gregory H Woods
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Opinion or Order Filing 16 ORDER: Under Federal Rule of Civil Procedure 26(d), "a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)," with an exception for when such early discovery is authorized by court order. However, because the Court finds that plaintiff has met the reasonableness and good cause standard for early discovery, even under the heightened scrutiny required of an ex parte submission, plaintiff's motion for leave to serve a third-party subpoena prior to a Rule 26(f) Conference is GRANTED. The Court ORDERS the following: (1) Plaintiff may serve a subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure on Verizon Internet Services to obtain the name and address of the subscriber identified by IP address 108.46.45.53. Plaintiff's counsel is directed to attach a copy of this order to the subpoena. (As further set forth in this Order.) The Court ORDERS that the information not be disclosed to any person other than plaintiff and plaintiff's counsel without further leave of the Court. (Signed by Judge Gregory H. Woods on 7/11/2019) (cf)
July 11, 2019 Opinion or Order Filing 15 ORDER granting #14 Letter Motion to Expedite. Application granted. The Court has issued an order granting Plaintiff's request for leave to file a third party subpoena that correctly reflects the John Doe Defendant's IP address. The order entered at Dkt. No. 13 is vacated. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 14. (Signed by Judge Gregory H. Woods on 7/11/2019) (cf)
July 10, 2019 Filing 14 LETTER MOTION to Expedite Corrected Order (D.E. 13) addressed to Judge Gregory H. Woods from Kevin T. Conway, Esq. dated July 10, 2019. Document filed by Malibu Media, LLC.(Conway, Kevin)
July 10, 2019 Opinion or Order Filing 13 Vacated as per Judge's Order dated 7/11/19, Doc. # 15 ORDER granting #6 Motion. However, because the Court finds that plaintiff has met the reasonableness and good cause standard for early discovery, even under the heightened scrutiny required of an ex parte submission, plaintiff's motion for leave to serve a third-party subpoena prior to a Rule 26(f) Conference is GRANTED. The Court ORDERS the following: Plaintiff may serve a subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure on Verizon Internet Services to obtain the name and address of the subscriber identified by IP address 108.46.53. Plaintiff's counsel is directed to attach a copy of this order to the subpoena. (As further set forth in this Order.) The Clerk of Court is directed to terminate the motion pending at Dkt. No. 6. (Signed by Judge Gregory H. Woods on 7/10/2019) (cf) Modified on 7/11/2019 (cf).
July 9, 2019 Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/7/2019 at 03:30 PM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 7/9/2019) (mro)
July 9, 2019 Filing 11 NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin)
July 9, 2019 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)
July 9, 2019 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)
July 9, 2019 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)
July 9, 2019 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)
July 9, 2019 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)
July 1, 2019 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. (pne)
July 1, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
July 1, 2019 Case Designated ECF. (pne)
July 1, 2019 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)
July 1, 2019 ***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. (pne)
June 30, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(Conway, Kevin)
June 30, 2019 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)
June 30, 2019 Filing 2 CIVIL COVER SHEET filed. (Conway, Kevin)
June 30, 2019 Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number ANYSDC-17168888)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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