Case details

Court: ilnd
Docket #: 1:13-cv-03648
Case Name: Malibu Media LLC v. Doe
PACER case #: 283541
Date filed: 2013-05-16
Date terminated: 2014-08-19
Date of last filing: 2014-10-24
Assigned to: Honorable Matthew F. Kennelly
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media LLC
Counter Defendant
Mary K. Schulz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe
Counter Claimant
subscriber assigned IP address 24.14.139.173
Erin Kathryn Russell
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Morgan E. Pietz
(See above for address)
ATTORNEY TO BE NOTICED

John Doe
Counter Claimant
subscriber assigned IP address 24.14.139.173
Morgan E. Pietz
(See above for address)
ATTORNEY TO BE NOTICED

Malibu Media LLC
Counter Defendant
Mary K. Schulz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-05-16 1 0 complaint COMPLAINT filed by Malibu Media LLC; Jury Demand. Filing fee $ 400, receipt number 0752-8352381. (Attachments: # 1 Exhibit A Hashes list, # 2 Exhibit B Copyrights in suit, # 3 Exhibit C Expanded surveillance, # 4 Exhibit D Exculpatory form, # 5 Civil Cover Sheet)(Schulz, Mary) (Attachment 3 replaced on 9/26/2013) (et, ). (Entered: 05/16/2013)
2013-05-16 2 0 attorney appearance ATTORNEY Appearance for Plaintiff Malibu Media LLC by Mary K. Schulz (Schulz, Mary) (Entered: 05/16/2013)
2013-05-17 3 0 Copyright Report MAILED copyright report to Registrar, Washington DC. (kj, ) (Entered: 05/17/2013)
2013-05-21 4 0 assigning/reassigning Case EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings. Signed by Executive Committee on 5/21/2013.(kj, ) (Entered: 05/22/2013)
2013-05-22 5 0 motion for miscellaneous relief MOTION by Plaintiff Malibu Media LLCDiscovery before Rule 26f confernce (Attachments: # 1 Affidavit, # 2 Exhibit A to affidavit, # 3 Exhibit B to affidavit, # 4 Exhibit C to affidavit, # 5 Text of Proposed Order)(Schulz, Mary) (Entered: 05/22/2013)
2013-05-22 6 0 memorandum in support of motion MEMORANDUM by Malibu Media LLC in support of motion for miscellaneous relief 5 (Schulz, Mary) (Entered: 05/22/2013)
2013-05-22 7 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of motion for miscellaneous relief 5 before Honorable Matthew F. Kennelly on 5/28/2013 at 09:30 AM. (Schulz, Mary) (Entered: 05/22/2013)
2013-05-22 8 0 notice of filing NOTICE by Malibu Media LLC Rule 7 Disclosure (Schulz, Mary) (Entered: 05/22/2013)
2013-05-28 9 0 order on motion for miscellaneous relief MINUTE entry before Honorable Matthew F. Kennelly: Motion hearing held. Plaintiff's motion for leave to serve a third party subpoena prior to Rule 26(f) conference 5 is granted. Plaintiff to submit a proposed order to Judge Kennelly's e-filing inbox. Proposed_Order_Kennelly@ilnd.uscourts.gov. Mailed notice (meg, ) (Entered: 05/28/2013)
2013-05-28 10 0 order ORDER on motion for leave to serve third party subpoenas prior to Rule 26(f) conference. Signed by the Honorable Matthew F. Kennelly on 5/28/2013. Mailed notice(meg, ) (Entered: 05/28/2013)
2013-06-14 11 0 set/reset hearings MINUTE entry before Honorable Matthew F. Kennelly: The Court sets the case for an initial status hearing pursuant to Fed. R. Civ. P. 16(a) & (c) on 8/6/2013 at 9:30 a.m. (mk) (Entered: 06/14/2013)
2013-08-06 12 0 status hearing MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held on 8/6/2013 and continued to 8/7/2013 at 09:30 AM. Mailed notice. (pjg, ) (Entered: 08/06/2013)
2013-08-07 13 0 status hearing MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held on 8/7/2013 and continued to 9/25/2013 at 09:30 AM. Mailed notice. (pjg, ) (Entered: 08/07/2013)
2013-08-12 14 0 attorney appearance ATTORNEY Appearance for Plaintiff John Doe by Morgan E. Pietz (Pietz, Morgan) (Entered: 08/12/2013)
2013-08-12 15 0 motion for miscellaneous relief MOTION by Plaintiff John Doe for Leave to Proceed Anonymously (Pietz, Morgan) (Entered: 08/12/2013)
2013-08-15 16 0 notice of motion NOTICE of Motion by Morgan E. Pietz for presentment of motion for miscellaneous relief 15 before Honorable Matthew F. Kennelly on 9/25/2013 at 09:30 AM. (Pietz, Morgan) (Entered: 08/15/2013)
2013-08-19 17 0 text entry MINUTE entry before Honorable Matthew F. Kennelly: On the Court's motion, the order of 8/5/2013 is hereby amended to provide that plaintiff may not file an amended complaint identifying a defendant by name without first seeking leave of court. (mk) (Entered: 08/19/2013)
2013-08-19 18 0 text entry MINUTE entry before Honorable Matthew F. Kennelly: On the Court's motion, the order of 5/28/2013 is hereby amended to provide that plaintiff may not file an amended complaint identifying a defendant by name without first seeking leave of court. (mk) (Entered: 08/19/2013)
2013-08-30 19 0 response to motion RESPONSE by Malibu Media LLC to MOTION by Plaintiff John Doe for Leave to Proceed Anonymously 15 (Schulz, Mary) (Entered: 08/30/2013)
2013-09-13 20 0 extension of time MOTION by Plaintiff Malibu Media LLC for extension of time to serve summons (Attachments: # 1 Text of Proposed Order)(Schulz, Mary) (Entered: 09/13/2013)
2013-09-13 21 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of extension of time 20 before Honorable Matthew F. Kennelly on 9/25/2013 at 09:30 AM. (Schulz, Mary) (Entered: 09/13/2013)
2013-09-13 22 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of extension of time 20 before Honorable Matthew F. Kennelly on 9/25/2013 at 09:30 AM. (Schulz, Mary) (Entered: 09/13/2013)
2013-09-18 23 0 motion to seal document MOTION by Plaintiff Malibu Media LLC to seal document complaint, 1 Exhibit C (Attachments: # 1 Text of Proposed Order)(Schulz, Mary) (Entered: 09/18/2013)
2013-09-18 24 0 motion for miscellaneous relief MOTION by Plaintiff Malibu Media LLCto identify defendant and file amended complaint (Attachments: # 1 Text of Proposed Order)(Schulz, Mary) (Entered: 09/18/2013)
2013-09-18 25 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of motion to seal document, motion for relief 23 before Honorable Matthew F. Kennelly on 9/25/2013 at 09:30 AM. (Schulz, Mary) (Entered: 09/18/2013)
2013-09-18 26 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of motion for miscellaneous relief 24 before Honorable Matthew F. Kennelly on 9/25/2013 at 09:30 AM. (Schulz, Mary) (Entered: 09/18/2013)
2013-09-25 27 0 order on motion for miscellaneous relief ORDER signed by the Honorable Matthew F. Kennelly on 9/25/2013. Status hearing held on 9/25/2013. Defendant's motion for leave to proceed anonymously 15 is granted. Defendant has forty (40) days to respond to complaint. Plaintiff's motion to identify defendant and to file an amended complaint 24 is terminated. Plaintiff's motion to seal document 23 is granted. The Clerk is directed to remove the image of Plaintiff's Exhibit "C" of the Complaint [CM/ECF 1-3] from the record. Telephone status hearing, to be initiated by the parties, is set for 11/25/2013 at 9:00 a.m. Mailed notice.(pjg, ) (Entered: 09/26/2013)
2013-11-13 28 0 answer to complaint ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by John Doe against Malibu Media LLC . by John Doe(Pietz, Morgan) (Entered: 11/13/2013) 2015-01-25 14:10:52 c36f5a97f76614a5b73347fddb0861e8c79aa818
2013-11-25 29 0 order on motion for extension of time MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 11/25/2013 with both sides. Rule 26(a)(1) disclosures are to be made by 12/20/13. Telephone status hearing, to be initiated by the parties, is set for 1/7/2014 at 09:00 a.m. for the purpose of setting a discovery schedule. Motion for extension of time to serve summons 20 is terminated. (lcw, ) (Entered: 11/25/2013)
2013-12-04 30 0 motion to dismiss MOTION by Counter Defendant Malibu Media LLC to dismiss counterclaim (Schulz, Mary) (Entered: 12/04/2013)
2013-12-04 31 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of motion to dismiss 30 before Honorable Matthew F. Kennelly on 12/10/2013 at 09:30 AM. (Schulz, Mary) (Entered: 12/04/2013)
2013-12-04 32 0 motion to strike MOTION by Plaintiff Malibu Media LLC to strike answer to complaint, counterclaim 28 affirmative defenses (Schulz, Mary) (Entered: 12/04/2013)
2013-12-04 33 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of motion to strike, motion for relief, 32 before Honorable Matthew F. Kennelly on 12/10/2013 at 09:30 AM. (Schulz, Mary) (Entered: 12/04/2013)
2013-12-04 34 0 notice of motion NOTICE of Motion by Mary K. Schulz for presentment of motion to strike, motion for relief, 32 before Honorable Matthew F. Kennelly on 12/10/2013 at 09:30 AM. (Schulz, Mary) (Entered: 12/04/2013)
2013-12-10 35 0 motion hearing MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 12/10/2013. Responses to motion to dismiss 30 , and motion to strike 32 are due by 1/10/2014. Replies are due by 1/24/2014. The telephone conference set for 1/7/2014 is vacated and reset to 2/10/2014 at 9:00 a.m. Mailed notice. (pjg, ) (Entered: 12/10/2013)
2014-01-10 36 0 motion for leave to file excess pages MOTION by Counter Claimant John Doe, Defendant John Doe for leave to file excess pages , MOTION by Counter Claimant John Doe, Defendant John Doe for extension of time to file response/reply as to motion to strike, motion for relief, 32 , motion to dismiss 30 (Attachments: # 1 Exhibit 1 - Proposed Defendants Consolidated Opposition to Plaintiffs Motions to Dismiss Counterclaim and Strike Affirmative Defenses (with Exhibit A thereto))(Pietz, Morgan) (Entered: 01/10/2014)
36 1 Exhibit 1 - Proposed Defendants Consolidated Opposition to Plaintiffs Motions to
2014-01-10 37 0 notice of motion NOTICE of Motion by Morgan E. Pietz for presentment of motion for leave to file excess pages, motion for extension of time to file response/reply, motion for relief,,,,, 36 before Honorable Matthew F. Kennelly on 1/21/2014 at 09:30 AM. (Pietz, Morgan) (Entered: 01/10/2014)
2014-01-16 38 0 attorney appearance ATTORNEY Appearance for Counter Claimant John Doe, Defendant John Doe by Erin Kathryn Russell (Russell, Erin) (Entered: 01/16/2014) 2014-01-16 16:35:03 cf1446186cf2d9f2f54d4b2902f26f99ee2383e1
2014-01-19 39 0 order on motion for leave to file excess pages MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion for extension of time and to file excess pages is granted. Defendant may file a 28 page combined response to the motion to dismiss and strike, by no later than 1/24/2014. Defendant's counsel is advised for future reference, however, that it is generally inappropriate to wait until the due date for a brief to request an extension. The due date for plaintiff's replies is extended to 2/7/2014. (mk) (Entered: 01/19/2014) 2014-01-19 17:37:43 fd5b6b7aacbd2b5c507673245694abe2b2762460
2014-01-22 40 0 response in opposition to motion RESPONSE by John Doein Opposition to MOTION by Plaintiff Malibu Media LLC to strike answer to complaint, counterclaim 28 affirmative defenses 32 , MOTION by Counter Defendant Malibu Media LLC to dismiss counterclaim 30 (Attachments: # 1 Exhibit Exhibit A - Selected Portions of Bellwether Trial Transcript)(Pietz, Morgan) (Entered: 01/22/2014) 2014-01-22 15:49:23 9d840a78c24e0050e61899b980064747af1a59cd
40 1 Exhibit Exhibit A - Selected Portions of Bellwether Trial Transcript
2014-02-07 41 0 reply to response to motion REPLY by Malibu Media LLC to response in opposition to motion, 40 (Attachments: # 1 Exhibit A Transcript)(Schulz, Mary) (Entered: 02/07/2014) 2014-02-16 22:12:34 adc4fa29b00fc37deae052418b2ed163b3a895f3
41 1 Exhibit A Transcript
2014-02-10 42 0 status hearing MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 2/10/2014 with attorneys for both sides. Discovery is stayed pending ruling on the motions to dismiss and strike. Telephone status hearing, to be initiated by the parties, is set for 3/28/2014 at 9:00 a.m. Mailed notice. (pjg, ) (Entered: 02/10/2014)
2014-03-14 43 0 attorney appearance ATTORNEY Appearance for Plaintiff Malibu Media LLC by Paul Joseph Nicoletti (Nicoletti, Paul) (Entered: 03/14/2014)
2014-03-16 44 0 attorney appearance ATTORNEY Appearance for Plaintiff Malibu Media LLC, Counter Defendant Malibu Media LLC by Mary K. Schulz Revised (Schulz, Mary) (Entered: 03/16/2014)
2014-03-17 45 0 notice of change of address NOTICE by Paul Joseph Nicoletti of Change of Address (Nicoletti, Paul) (Entered: 03/17/2014)
2014-03-27 46 0 terminate hearings MINUTE entry before the Honorable Matthew F. Kennelly: On the Court's motion, the telephone status hearing set for 3/28/2014 is vacated. The Court will reset the hearing once it rules on the pending motions to dismiss and to strike. (mk) (Entered: 03/27/2014) 2014-06-10 20:06:38 cbc4062d7e0eedc0de10ae8c03e95ce66dbe8b14
2014-05-12 47 0 notice of filing NOTICE by Malibu Media LLC of Filing Supplemental Authority (Attachments: # 1 Recommendation of United States Magistrate Judge)(Nicoletti, Paul) (Entered: 05/12/2014)
2014-06-09 48 0 order on motion to strike MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/9/2014: For the reasons stated in this decision, the Court grants plaintiff's motion to dismiss defendant's counterclaim [dkt. no. 30 ] and grants in part plaintiff's motion to strike certain affirmative defenses [dkt. no. 32 ]. Specifically, the Court strikes affirmative defenses 1, 2, 5, 8, 17, and 19 but declines to strike defenses 3 and 4. The case is set for a telephone status hearing on June 19, 2014 at 9:00 a.m., for the purpose of setting a schedule for discovery. Plaintiff's counsel is to get defendant's counsel on the telephone and then call chambers (312-435-5618). Counsel are directed to confer in advance of the hearing to attempt to agree on a schedule to propose to the Court. (mk) (Entered: 06/09/2014) 2014-06-09 19:36:50 2c807dde5afbba184d0d82ac8e96f80d32cd6ab6
2014-06-19 49 0 status hearing MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 6/19/2014 with attorneys for both sides. Rule 26(a)(1) disclosures are to be made by 7/21/2014. Telephone status hearing, to be initiated by the parties, is set for 7/29/2014 at 9:00 a.m. for the purpose of discussing the possibility of settlement. Deadline for amending pleadings and adding parties is 9/30/2014. Rule 26(a)(2) disclosures are due by 10/31/2014 for plaintiff and 12/1/2014 for defendant. All discovery ordered closed 3/27/2015. The deadline for filing dispositive motions is 4/27/2015. Deadline for filing a motion for protective order is 7/10/2014. Mailed notice. (pjg, ) (Entered: 06/19/2014) 2014-06-23 11:30:45 058466a82d666bab970ea5f6f96edaafd0fe8642
2014-07-10 50 0 motion for protective order MOTION by Plaintiff Malibu Media LLC for protective order (Attachments: # 1 Text of Proposed Order PROTECTIVE ORDER)(Nicoletti, Paul) (Entered: 07/10/2014) 2014-07-11 18:56:29 1d131dfbdbdb0a11da3e142e50ec37832f7aafda
50 1 Text of Proposed Order PROTECTIVE ORDER 2014-07-11 18:58:29 1bf054edf2b9103f8213e44f2112644d43a2c4bd
2014-07-16 51 0 response in opposition to motion RESPONSE by John Doein Opposition to MOTION by Plaintiff Malibu Media LLC for protective order 50 (Attachments: # 1 Exhibit A - Doe's Proposed Confidentiality Order, # 2 Exhibit B - Redline Showing Doe's Proposed Order Against N.D. Ill. Model Order, # 3 Exhibit C - M&C Emails re Confidentiality Order)(Pietz, Morgan) (Entered: 07/16/2014) 2014-07-16 16:53:05 e726d027c8d5bd6cb8d4827e0e331d5453b25db5
51 1 Exhibit A - Doe's Proposed Confidentiality Order
51 2 Exhibit B - Redline Showing Doe's Proposed Order Against N.D. Ill. Model Or
51 3 Exhibit C - M&C Emails re Confidentiality Order
2014-07-23 52 0 MOTION by Plaintiff Malibu Media LLC for extension of time to file response/reply as to motion for protective order 50 (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 07/23/2014)
2014-07-28 53 0 Notice of Settlement by Malibu Media LLC (Nicoletti, Paul) (Entered: 07/28/2014)
2014-07-29 54 0 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 7/29/2014 with attorneys for both sides. The parties have settled, subject to completing the necessary documentation. Telephone status hearing, to be initiated by the parties, is set for 8/19/2014 at 9:00 a.m. Pending motions 20 and 23 are terminated as moot. (pjg, ) (Entered: 07/29/2014)
2014-08-18 55 0 STIPULATION of Dismissal (Attachments: # 1 Text of Proposed Order FOR DISMISSAL)(Nicoletti, Paul) (Entered: 08/18/2014) 2015-11-22 16:32:25 32485bc90fe35b4c6c94889a7bc3ee7630f3e260
55 1 Text of Proposed Order FOR DISMISSAL
2014-08-19 56 0 MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation, the status hearing set for today's date is vacated. All of plaintiff's and defendant John Doe's claims against each other in this matter are hereby dismissed with prejudice and without costs or attorney's fees. Civil case terminated. Mailed notice. (pjg, ) (Entered: 08/19/2014)
2014-10-24 57 0 MAILED Copyright report to Registrar, Washington DC (tg, ) (Entered: 10/24/2014)