Case Details

CourtCentral District of California
Docket number2:12-cv-06636
Date case filed2012-08-01
Date case closed2013-01-25
Date of latest filing2013-02-27
Assigned toJudge Otis D. Wright, II
Case cause17:101 Copyright Infringement
Nature of suit820 Copyright
Jury demandPlaintiff
JurisdictionFederal Question

Case Parties

Party: AF Holdings LLC
Party type: Plaintiff
Attorney name: Brett Langdon Gibbs
Attorney Contact:
Prenda Law Inc
38 Miller Avenue Suite 263
Mill Valley, CA 94941
Email: [email protected]
Party: John Doe
Party type: Defendant
TERMINATED: 01/03/2013
Party: Jose Ibarra
Party type: Defendant

Case Docket

Date FiledDocument
Long Description
12012-08-01 Complaint - (Discovery)COMPLAINT against Defendant John Doe. Case assigned to Judge Ronald S.W. Lew for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff AF Holdings LLC. [Summons not issued on 8/1/12.](et) (Additional attachment(s) added on 8/7/2012: # 1 Ntc of Asgmt) (mg). (Entered: 08/06/2012)
1.1 Ntc of Asgmt
22012-08-01 Certificate/Notice of Interested PartiesCERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff AF Holdings LLC. (et) (mg). (Entered: 08/06/2012)
32012-08-01 Report on Filing of Copyright Action (Initial Notification)REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by AF Holdings LLC. (et) (Entered: 08/06/2012)
42012-08-01 Notice to Parties of Court-Directed ADR Program (ADR-8)NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/06/2012)
52012-08-06 Returning Case for Reassignment w/i division (CV 89)ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Otis D Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-06636 ODW(FFMx). (rn) (Entered: 08/06/2012)
62012-08-06 E-mail/Telephone Notification Re Local Rule 3-2CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 8/6/12 addressed to [email protected] COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Chief Judge for further proceedings. (mg) (Entered: 08/06/2012)
72012-08-07 PDF Document(s) Received Re Local Rule 3-2PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 8/7/12: initiating. (mg) (Entered: 08/07/2012)
82012-08-07 PDF Document(s) Attached Re Local Rule 3-2PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 8/7/12: initiating. (mg) (Entered: 08/07/2012)
92012-08-07 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II. This action has assigned to the calendar of Judge Otis D. Wright II. Counsel are encouraged to review the Central District's website for additional information. (See attached document for other requirements.) (lom) (Entered: 08/07/2012)
102012-08-24 Ex Parte Applicaton for Leave re Discovery re DiscoveryEX PARTE APPLICATION for Leave to Take Expedited Discovery filed by Plaintiff AF Holdings LLC. (Attachments: # 1 Exhibit A - Hansmeier Declaration, # 2 Exhibit B - ISP Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 08/24/2012)
112012-09-04 Order on Ex Parte Application for Leave re Discovery MatterORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY by Magistrate Judge Frederick F. Mumm: granting 10 Ex Parte Application for Leave : (see attached) (jm) (Entered: 09/05/2012)
122012-10-11 224 Transferring Reference/Discovery purs LR (Related Case (CV 34a)ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 08.05 -Related Case- filed. Related Case No: CV 12-05709 ODW(JCx). Case referred from Magistrate Judge Frederick F. Mumm to Magistrate Judge Jacqueline Chooljian for Discovery. The case number will now read as follows: CV 12-06636 ODW(JCx). Signed by Magistrate Judge Jacqueline Chooljian. (rn) (Entered: 10/11/2012)
132012-10-19 Order to Show CauseORDER VACATING PRIOR EARLY DISCOVERY ORDERS AND ORDER TO SHOW CAUSE by Judge Otis D Wright, II: The Court hereby VACATES any prior order in this case allowing for the issuance of a Rule 45 subpoena prior to a Rule 26(f) scheduling conference. The Court also orders AF Holdings to cease its discovery efforts relating to or based on information obtained through any abovementioned Rule 45 subpoenas. Within 14 days of this order, AF Holdings shall submit a discovery status report detailing its discovery efforts in this case with respect to identifying or locating the Doe Defendant. This report must name all persons that have been identified, including subscribers, through any Rule 45 subpoenas. Failure to timely comply with this order will result in the dismissal of this case. AF Holdingss discovery status report and response to this Order to Show Cause should be filed only in case no. 2:12-cv-5709-ODW(JCx), and should be combined with the discovery status reports and responses for the related cases, unless AF Holdings believes that separate papers are necessary to distinguish the differences between the individual cases (lc) (Entered: 10/22/2012)
142012-12-20 Order to Show CauseORDER TO SHOW CAUSE RE LACK OF SERVICE by Judge Otis D Wright, II:Plaintiff is hereby ORDERED TO SHOW CAUSE why Defendant has not been timely served. Plaintiff has 7 days to comply with this order; or if Defendant have been served, Plaintiff has 7 days to file the proof of service. Failure to respond will result in dismissal of this action. (lc) (Entered: 12/21/2012)
152012-12-27 Response (non-motion)RESPONSE filed by Plaintiff AF Holdings LLCto Order to Show Cause, 14 Re Lack of Service (Gibbs, Brett) (Entered: 12/27/2012)
162012-12-31 Motion to Disqualify JudgeNOTICE OF MOTION AND MOTION to Disqualify Judge Hon. Otis D. Wright, II filed by plaintiff AF Holdings LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Gibbs, Brett) (Entered: 12/31/2012)
172013-01-02 Referral of Motion to Disqualify (CV 54)REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72-5 MOTION to Disqualify Judge Hon. Otis D. Wright, II 16 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
182013-01-03 Notice of Document Discrepancies - GrantingNOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Otis D Wright, II ORDERING first amended complaint submitted by Plaintiff AF Holdings LLC received on 1/2/13 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (lc) (Entered: 01/04/2013)
192013-01-03 Amended ComplaintAMENDED COMPLAINT against defendant Jose Ibarra; Party John Doe terminated amending Complaint - (Discovery) 1 Jury Demandfiled by plaintiff AF Holdings LLC (lc) (Entered: 01/04/2013)
202013-01-15 Order on Motion to Disqualify JudgeMINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 16 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
212013-01-25 OrderORDER that this case is dismissed without prejudice by Judge Otis D. Wright, II. (Made JS-6. Case Terminated.) (lc) (Entered: 01/25/2013)
222013-01-25 Report of Determination of Copyright Action (CLOSE)(AO 121)REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) mailed closing report to Copyright Office. (Attachments: # 1 order) (lc) (Entered: 01/25/2013)
232013-02-07 Order to Show CauseORDER TO SHOW CAUSE RE SANCTIONS FOR RULE 11 AND LOCAL RULE 83-3 VIOLATIONS by Judge Otis D. Wright, II:This order to show cause is scheduled for hearing on March 11, 2013, at 1:30 p.m., to provide Mr. Gibbs the opportunity to justify his conduct. Based on the unusual circumstances of this case, the Court invites Morgan E. Pietz to present evidence concerning the conduct outlined in this order. The Court declines to sanction Plaintiffs AF Holdings LLC and Ingenuity 13 LLC at this time for two reasons: (1) Mr. Gibbs appears to be closely related to or have a fiduciary interest in Plaintiffs; and; (2) it is likely Plaintiffs are devoid of assets. If Mr. Gibbs or Mr. Pietz so desire, they each may file by February 19, 2013, a brief discussing this matter. The Court will also welcome the appearance of Alan Cooperto either confirm or refute the fraud allegations. (lc) (Entered: 02/07/2013)
242013-02-19 Response (non-motion)RESPONSE filed by Plaintiff AF Holdings LLC (Park, Won) (Entered: 02/19/2013)
252013-02-19 Declaration (non-motion)DECLARATION of Brett L. Gibbs re Response (non-motion) 24 February 7, 2013 OSC filed by Plaintiff AF Holdings LLC. (Attachments: # 1 Exhibit Exhibits 1-4)(Park, Won) (Entered: 02/19/2013)
262013-02-19 Notice (Other)NOTICE Request for Judicial Notice In Support of Response to February 7, 2013 OSC filed by Specially Appearing Respondent AF Holdings LLC. (Attachments: # 1 Exhibit Exhibits 1-5 of RJN)(Park, Won) (Entered: 02/19/2013)
272013-02-21 Notice of Deficiency in Electronically Filed Documents (G-112)NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 26 . The following error(s) was found: Incorrect event selected. The correct event is: Request: For Judicial Notice. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 02/21/2013)
282013-02-27 Order to Show CauseORDER RE ORDER TO SHOW CAUSE RE SANCTION by Judge Otis D. Wright, II:In preparation for the March 11, 2013 Order to Show Cause re Sanctions hearing, the Court hereby orders the following: 1) The following cases are hereby consolidated for the purposes of this Order to Show Cause: AF Holdings LLC v. Doe, No. 2:12-cv-6636-ODW(JCx) (C.D. Cal. filed Aug. 1, 2012); AF Holdings LLC v. Doe, No. 2:12-cv-6669-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-6662-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-6668-ODW(JCx) (C.D. Cal. filed Aug. 2, 2012); Ingenuity 13 LLC v. Doe, No. 2:12-cv-8333-ODW(JCx) (C.D. Cal. filed Sept. 27, 2012).All papers to be filed with the Court relating to this Order to Show Cause shallbe filed in the lead case Ingenuity 13 LLC v. Doe, No. 2:12-cv-8333-ODW(JCx) (C.D.Cal. filed Sept. 27, 2012). The parties may each file a supplemental brief, limited to five pages, addressing the issues raised in the parties briefs submitted on February 19, 2013. These supplemental briefs shall be filed by March 4, 2013. Brett Gibbs is hereby ordered to respond to the following questions in a separate brief, to be submitted by March 1, 2013.Further, Mr. Gibbs is reminded to appear in person at the March 11, 2013 hearing. (lc) Modified on 2/28/2013 (lc). (Entered: 02/28/2013)