Case Details

CourtCentral District of California
Docket number2:12-cv-08322
Date case filed2012-09-27
Date case closed2013-01-28
Date of latest filing2012-12-10
Assigned toJudge Otis D. Wright, II
Case cause17:101 Copyright Infringement
Nature of suit820 Copyright
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Ingenuity 13 LLC
Party type: Plaintiff
Attorney name: Brett Langdon Gibbs
Attorney Contact:
38 Miller Avenue Suite 263
Mill Valley, CA 94941
415-381-3104
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: John Doe
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-09-27 Complaint - (Discovery)COMPLAINT against Defendant John Doe. Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Patrick J. Walsh.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity 13 LLC. [Summons not issued on 9/27/12.](et) (mg). (Entered: 09/28/2012)
22012-09-27 Certificate/Notice of Interested PartiesCERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity 13 LLC. (et) (mg). (Entered: 09/28/2012)
32012-09-27 Report on Filing of Copyright Action (Initial Notification)REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ingenuity 13 LLC. (et) (Entered: 09/28/2012)
42012-09-27 Notice to Parties of Court-Directed ADR Program (ADR-8)NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/28/2012)
52012-10-04 E-mail/Telephone Notification Re Local Rule 3-2CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 10/4/12 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 Judge for further proceedings. (mg) (Entered: 10/04/2012)
62012-10-04 E-mail/Telephone Notification Re Local Rule 3-2CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 10/4/12 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 Judge for further proceedings. (mg) (Entered: 10/04/2012)
72012-10-04 Notice of Clerical Error (G-11)NOTICE OF CLERICAL ERROR: Due to clerical error, docket entry 6 Clerk's E-Mail Re Local Rule 3-2 to Counsel, was docketed in error. It is a duplicate of docket entry #5. (mg) (Entered: 10/04/2012)
82012-10-04 Initial Order upon Filing of ComplaintINITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. READ ORDER CAREFULLY. (ys) (Entered: 10/04/2012)
92012-10-05 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 10/4/12: initiating documents. (mg) (Entered: 10/05/2012)
102012-10-05 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 10/5/12: initiating documents. (mg) (Entered: 10/05/2012)
112012-10-08 Ex Parte Applicaton for Leave re Discovery re DiscoveryEX PARTE APPLICATION for Leave to Take Expedited Discovery filed by Plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit A - Declaration of Peter Hansmeier, # 2 Proposed Order)(Gibbs, Brett) (Entered: 10/08/2012)
122012-10-09 Order on Ex Parte Application for Leave re Discovery MatterORDER GRANTING Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery, 11 by Magistrate Judge Patrick J. Walsh. (ca) (Entered: 10/09/2012)
132012-12-03 Notice of Related Case(s)NOTICE of Related Case(s) filed by Putative John Doe John Doe. Related Case(s): 2:12-cv-05709-ODW-JC; 2:12-cv-06635-GHK-RZ; 2:12-cv-06660-GAF-AGR; 2:12-cv-07385-DSF-FFM; 2:12-cv-07386-DMG-JEM; 2:12-cv-08322-DMG-PJW; 2:12-cv-08333-DMG-PJW (Attachments: # 1 Appendix 1 - Letter Filed by Counsel for Alan Cooper in District of Minnesota, # 2 Appendix 2 - Transcript of Prenda Hearing in Middle District of Florida, # 3 Appendix 3 - Table of Related Ingenuity 13 and AF Holdings Cases in Central District of California)(Pietz, Morgan) (Entered: 12/03/2012)
13.1 Appendix 1 - Letter Filed by Counsel for Alan Cooper in District of Minnesota
13.2 Appendix 2 - Transcript of Prenda Hearing in Middle District of Florida
13.3 Appendix 3 - Table of Related Ingenuity 13 and AF Holdings Cases in Central Dist
142012-12-07 Response (non-motion)RESPONSE filed by Plaintiff Ingenuity 13 LLCto Notice of Related Case(s), Notice of Related Case(s), Notice of Related Case(s) 13 (Gibbs, Brett) (Entered: 12/07/2012)
152012-12-10 Notice of Related Case(s)NOTICE of Related Case(s) filed by Putative John Doe in 2:12-cv-8333-DMG-PJW John Doe. John Doe's Supplement to Notice of Related Cases (Attachments: # 1 Exhibit A - Sworn Affidavit of Alan Cooper, # 2 Exhibit B - Meet and Confer Emails re Alan Cooper)(Pietz, Morgan) (Entered: 12/10/2012)
162012-12-12 MINUTES OF IN CHAMBERS - ORDER TO COMPLY WITH FED. R. CIV. P. 4(m) by Judge Dolly M. Gee: This Order serves to notify Plaintiff of Rule 4(m) and warn Plaintiff that it must abide by Rule 4(m)'s requirement to serve the defendant within 120 days of filing the Complaint, including by timely seeking leave to conduct early limited discovery pursuant to Rule 26(d)(1), or show good cause why, through due diligence, the defendant's identity cannot be ascertained by that time. Failure to timely and adequately comply as required herein by serving the defendant or showing good cause why the defendant cannot be ascertained by 1/28/2013, will result in the summary dismissal of this action. Court Reporter: Not Reported. (gk) (Entered: 12/13/2012)
172012-12-14 RESPONSE filed by Plaintiff Ingenuity 13 LLCto Notice of Related Case(s), Notice of Related Case(s) 15 TO SUPPLEMENT TO NOTICE OF RELATED CASES (Gibbs, Brett) (Entered: 12/14/2012)
182012-12-17 NOTICE OF MOTION AND MOTION for Sanctions Attorney Morgan Pietz filed by plaintiff Ingenuity 13 LLC. Motion set for hearing on 1/18/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Proposed Order)(Gibbs, Brett) (Entered: 12/17/2012)
192012-12-19 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-05709 ODW(JCx). Case transferred from Judge Dolly M. Gee and Magistrate Judge Patrick J. Walsh to Judge Otis D Wright, II and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-08322 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
202012-12-20 COUNSEL ARE NOTIFIED re: MOTION for Sanctions Attorney Morgan Pietz 18 Motion CONTINUED to 1/28/2013 at 1:30 PM before Judge Otis D Wright II. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sce) TEXT ONLY ENTRY (Entered: 12/20/2012)
212012-12-20 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are encouraged to review the Central Districts website for additional information. ( SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION). (lc) (Entered: 12/20/2012)
222012-12-20 ORDER VACATING PRIOR EARLY DISCOVERY ORDERS AND ORDER TO SHOW CAUSE by Judge Otis D Wright, II: This copyright infringement case filed by Plaintiff Ingenuity 13 LLC has been transferred to this Court. 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 Ingenuity 13 to cease its discovery efforts relating to or based on information obtained through any above mentioned Rule 45 subpoenas Ingenuity 13s previously issued subpoenas in this case are hereby QUASHED. Within 3 days of this order, Ingenuity 13 must serve a copy of this order to all parties it subpoenaed in this case. Further, Ingenuity 13 must submit a discovery status report detailing its discovery efforts in this case with respect to identifying or locating the Doe Defendant by December 31, 2012. This report must name all persons Ingenuity 13 TO SHOW CAUSE in writing by December 31, 2012, why early discovery is warranted in this situation. No appearances are necessary. Under Ninth Circuit precedent, a plaintiff should ordinarily be allowed discovery to uncover their identities, but discovery may be denied if it is (1) clear that discovery would not uncover the identities, or (2) that the complaint would be dismissed on other grounds. Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). Ingenuity 13 must demonstrate to the Court, in light of the Courts above discussion, how it would proceed to uncover the identity of the actual infringer once it has obtained subscriber information given that the actual infringer may be a person entirely unrelated to the subscriber while also considering how to minimize harassment and embarrassment of innocent citizens. Ingenuity 13 must also explain how it can guarantee to the Court that any such subscriber information would not be used to simply coerce a settlement from the subscriber (the easy route), as opposed to finding out who the true infringer is (the hard route).Ingenuity 13s discovery status report and response to this Order to Show Cause should be filed only in case no. 2:12-cv-6662-ODW(JCx), and should be combined with the discovery status reports and responses for the related Ingenuity 13 cases. Failure to timely comply with this order will result in the dismissal of this case (lc) (Entered: 12/21/2012)
232012-12-21 ORDER by Judge Otis D Wright, II: denying 18 Plaintiffs Motion for Sanctions Against Attorney Morgan Pietz. (lc) (Entered: 12/26/2012)
242012-12-31 NOTICE OF MOTION AND MOTION to Disqualify Judge Hon. Judge Otis D. Wright, II filed by plaintiff Ingenuity 13 LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Gibbs, Brett) (Entered: 12/31/2012)
252013-01-02 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. Judge Otis D. Wright, II 24 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
262013-01-15 MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 24 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
272013-01-28 ORDER 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: 01/28/2013)
282013-01-28 NOTICE of Voluntary Dismissal filed by plaintiff Ingenuity 13 LLC. Dismissal is without prejudice. (Gibbs, Brett) (Entered: 01/28/2013)
292013-01-30 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) mailed closing report to Copyright Office. (Attachments: # 1 dismissal) (lc) (Entered: 01/30/2013)