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Case: 1:12-cv-06672 Document #: 19 Filed: 11/07/12 Page 1 of 3 PageID #:119

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

MALIBU MEDIA, LLC,

Plaintiff,

v.

JOHN DOES 1-17,

Defendants.

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) Civil Case No. 1:12-cv-06672
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INITIAL STATUS REPORT

Plaintiff, Malibu Media, LLC (“Plaintiff”), hereby reports to the Court the status of the

above captioned case:

1.

The attorneys of record for each party including the attorney(s) expected to try the

case: Malibu Media, LLC is represented by Paul Nicoletti of Nicoletti & Associates, 36880

Woodward Avenue, Suite 100, Bloomfield Hills, MI 48304, Tel. (248) 203-7800, and Mary

Schulz of Schulz Law, P.C., 1144 E. State Street, Suite A260, Geneva, IL 30134, Tel. (224) 535-

9510.

2.

The Basis for Federal Jurisdiction: Action brought 28 U.S.C. § 1331 (federal

question); and 28 U.S.C. § 1338 (patents, copyrights, trademarks and unfair competition).

3.

The Nature of The Claims Asserted in the Complaint: On August 20, 2012,

Plaintiff filed its Complaint to permanently enjoin Defendants from directly and contributorily

infringing on Plaintiff’s copyrighted works and for damages pursuant to 17 U.S.C. § 504-(a) and

(c).

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Case: 1:12-cv-06672 Document #: 19 Filed: 11/07/12 Page 2 of 3 PageID #:120

4.

The Name of Any Party Not Yet Served and the Circumstances Regarding Non-

Service: None of the Defendants in this matter have been served because Plaintiff has yet to

learn the true identities for all the Defendants.

5.

The Principal Legal Issues:

a) Whether Defendants’ willfully infringed on Plaintiff’s copyrighted work

pursuant to 17 U.S.C. § 101; and

b) Whether the Defendants are contributorily liable for each infringement.

6.

The Principal Factual Issues: Whether Defendants used BitTorent to download

and distribute Plaintiff’s work.

7.

Whether a Jury Trial is Expected by Either Party: Plaintiff has requested a jury

trial in its Complaint.

8.

Description Anticipated Discovery: The parties will comply with F. R. Civ. P.

26(a) and exchange all required information. At this time, it is contemplated that there are a

number of witnesses that have relevant information relating to Plaintiff’s claims and to

Defendants’ defenses that will be deposed.

9.

The Earliest Date the Parties Will Be Ready for Trial and The Length Of The

Trial: Plaintiff anticipates that it will take ten (10) to twelve (12) months before they can be

ready for trial, and expects trial to last from five (5) to seven (7) days.

10. Whether the Parties Unanimously Consent to Proceed Before the Magistrate

Judge: Plaintiff consents to proceed before a Magistrate Judge on all dispositive matters.

11.

The Status of Any Settlement Discussions and Whether the Parties Request a

Settlement Conference: Plaintiff has reached a confidential settlement agreement with two of the

Defendants. Other Doe Defendants have discussed settlement with Plaintiff but the parties have

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Case: 1:12-cv-06672 Document #: 19 Filed: 11/07/12 Page 3 of 3 PageID #:121

been unable to reach an amicable resolution. Plaintiff anticipates that a trial against some of the

Doe Defendants may be necessary.

Dated: November 7, 2012

Respectfully submitted,

NICOLETTI & ASSOCIATES, PLLC

By: /s/ Paul J. Nicoletti

Paul J. Nicoletti, Esq. (P44419)
36880 Woodward Ave, Suite 100
Bloomfield Hills, MI 48304
Tel: (248) 203-7800
Fax: (248) 203-7801
E-Fax: (248) 928-7051
Email: [email protected]
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on November 7, 2012, I electronically filed the foregoing document
with the Clerk of the Court using CM/ECF and that service was perfected on all counsel of
record and interested parties through this system.

By: /s/ Paul J. Nicoletti

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