Malibu Media, LLC v. Doe
Plaintiff: Malibu Media, LLC
Defendant: John Doe
Case Number: 1:2019cv07142
Filed: July 31, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Copyright
Cause of Action: 17:101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2019 Opinion or Order Filing 14 ORDER: granting #8 Motion for Leave to Serve a Third Party Subpoena on Defendant's ISP, prior to a Rule 26(f) conference. Accordingly, it is hereby ORDERED that Plaintiff is allowed to conduct immediate discovery on Spectrum with a subpoena under Federal Rule of Civil Procedure 45 seeking John Doe's name and current and permanent address. The subpoena shall have a copy of this order attached. IT IS FURTHER ORDERED that Plaintiff shall immediately serve a copy of this order on Spectrum and that Spectrum shall serve a copy of this order on John Doe. Spectrum may serve John Doe using any reasonable means, including written notice sent to John Doe's last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that John Doe shall have 60 days from the date of service of this order upon him or her 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. Spectrum may not turn over John Does identifying information to Plaintiff before the expiration of this 60-day period. Additionally, if John Doe or Spectrum files a motion to quash the subpoena, Spectrum may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing Spectrum to resume in turning over the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without John Doe or Spectrum contesting the subpoena, Spectrum shall have 10 days to produce the information responsive to the subpoena to Plaintiff. If John Doe moves to quash or modify the subpoena, or to proceed anonymously, he or she shall at the same time as his or her filing also notify Spectrum so that Spectrum is on notice not to release John Doe's contact information to Plaintiff until the Court rules on any such motions. IT IS FURTHER ORDERED that 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. The Clerk of Court is directed to close Docket No. 8. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/13/2019) (ama)
August 10, 2019 Filing 13 NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin)
August 10, 2019 Filing 12 DECLARATION of Tobias Fieser in Support re: #8 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)
August 10, 2019 Filing 11 DECLARATION of Patrick Paige in Support re: #8 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)
August 10, 2019 Filing 10 DECLARATION of Colette Pelissier in Support re: #8 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)
August 10, 2019 Filing 9 MEMORANDUM OF LAW in Support re: #8 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)
August 10, 2019 Filing 8 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)
August 9, 2019 Opinion or Order Filing 7 ORDER granting #6 Letter Motion for Leave to File Document. GRANTED. PLAINTIFF MAY FILE A MOTION SEEKING LEAVE TO SERVE A THIRD-PARTY SUBPOENA. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
August 7, 2019 Filing 6 LETTER MOTION for Leave to File Motion for leave to serve a third-party subpoena on Defendant's ISP addressed to Judge J. Paul Oetken from Kevin T. Conway, Esq. dated August 7, 2019. Document filed by Malibu Media, LLC.(Conway, Kevin)
August 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)
August 1, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kevin T. Conway. The following case opening statistical information was erroneously selected/entered: Office code White Plains. The following correction(s) have been made to your case entry: the Office code has been modified to Foley Square. (pne)
August 1, 2019 Case Designated ECF. (pne)
August 1, 2019 Magistrate Judge Sarah Netburn 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)
August 1, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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 31, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(Conway, Kevin)
July 31, 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)
July 31, 2019 Filing 2 CIVIL COVER SHEET filed. (Conway, Kevin)
July 31, 2019 Filing 1 COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number ANYSDC-17345690)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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