Case details

Court: mad
Docket #: 1:12-cv-10805
Case Name: Discount Video Center, Inc. v. Does 1 - 29
PACER case #: 143763
Date filed: 2012-05-04
Date terminated: 2013-01-28
Date of last filing: 2012-10-09
Assigned to: Judge Nathaniel M. Gorton
Referred to: Ch. Magistrate Judge Leo T. Sorokin
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Discount Video Center, Inc.
Counter Defendant
 
Marvin N. Cable
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Does 1 - 29
Defendant
John Doe 22
Counter Claimant
 
Evan C. Ouellette
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gregor A. Pagnini
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Samuel Perkins
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas R Donohue
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Doe 6
Defendant
John Doe 11
Defendant
TERMINATED: 07/30/2012
John Doe 14
Defendant
TERMINATED: 07/30/2012
John Doe 20
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
Jon Nicolini
Counter Defendant
Copyright Enforcement Group, LLC
Counter Defendant
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
First Amendment Lawyers Association
Amicus
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012
John Doe 29
Defendant
TERMINATED: 07/30/2012

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-05-04 1 0 Complaint COMPLAINT against Does 1 - 29 Filing fee: $ 350, receipt number 0101-3930305 (Fee Status: Filing Fee paid), filed by Discount Video Center, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Cable, Marvin) (Entered: 05/04/2012) 2012-11-12 19:20:11 e7668cfd823682c7d18ac6ff436099cdf46e0e44
1 1 Exhibit A 2012-05-07 11:39:35 075b4d258a4322405244928117f86310e9b53bf4
1 2 Exhibit B
1 3 Exhibit C
1 4 Exhibit D
1 5 Civil Cover Sheet
2012-05-04 2 0 Summons Issued Summons Issued as to Does 1 - 29. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Moore, Kellyann) (Entered: 05/04/2012)
2012-05-07 3 0 Report on the filing/termination of copyright case REPORT on the filing/termination of copyright case . (Cable, Marvin) (Entered: 05/07/2012)
2012-05-07 4 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT by Discount Video Center, Inc.. (Cable, Marvin) (Entered: 05/07/2012)
2012-05-07 5 0 Motion for Discovery Emergency MOTION for Discovery by Discount Video Center, Inc.. (Attachments: # 1 Text of Proposed Order)(Cable, Marvin) (Entered: 05/07/2012)
2012-05-07 6 0 Memorandum in Support of Motion MEMORANDUM in Support re 5 Emergency MOTION for Discovery filed by Discount Video Center, Inc.. (Cable, Marvin) (Entered: 05/07/2012)
2012-05-08 7 0 Order Ch. Magistrate Judge Leo T. Sorokin: ORDER granting plaintiffs emergency ex-parte motion for early discovery entered. re; Order on Motion for Discovery (Simeone, Maria) (Entered: 05/10/2012)
2012-06-06 8 0 Motion to Quash MOTION to Quash or Modify Subpoena and MOTION to Dismiss ( Responses due by 6/20/2012) filed by John Doe 2.(Moore, Kellyann) (Entered: 06/06/2012)
2012-06-22 9 0 Opposition to Motion Opposition re 8 MOTION to Quash MOTION to Dismiss filed by Discount Video Center, Inc.. (Cable, Marvin) (Entered: 06/22/2012)
2012-07-05 10 0 Report and Recommendations Ch. Magistrate Judge Leo T. Sorokin: Report and Recommendation entered. I RECOMMEND that the Court DENY the Motion to Quash or Modify Subpoena and the Motion to Dismiss. (King, Kristin). (Main Document 10 replaced on 7/6/2012) (LTS, law2). (Entered: 07/05/2012) 2012-07-06 08:20:54 e4e8ee4a8f5ef19df8dcc15308010344d13d0863
2012-07-09 11 0 Notice of Appearance NOTICE of Appearance by Samuel Perkins on behalf of John Doe 22 (Perkins, Samuel) (Entered: 07/09/2012)
2012-07-09 12 0 Motion to Quash MOTION to Quash Doe No. 22's Motion to Quash Subpoena and to Sever Claims by John Doe 22.(Perkins, Samuel) (Entered: 07/09/2012)
2012-07-09 13 0 Notice of Appearance NOTICE of Appearance by Thomas R Donohue on behalf of John Doe 22 (Donohue, Thomas) (Entered: 07/09/2012)
2012-07-09 14 0 Notice of Appearance NOTICE of Appearance by Gregor A. Pagnini on behalf of John Doe 22 (Pagnini, Gregor) (Entered: 07/09/2012)
2012-07-09 15 0 Motion for Miscellaneous Relief MOTION of John Doe No. 6 to Proceed Anonymously.(Moore, Kellyann) (Entered: 07/10/2012)
2012-07-09 16 0 Motion to Quash MOTION to Quash filed by Doe # 6..(Moore, Kellyann) (Entered: 07/10/2012)
2012-07-20 17 0 Opposition to Motion Opposition re 15 MOTION, 16 MOTION to Quash, 12 MOTION to Quash Doe No. 22's Motion to Quash Subpoena and to Sever Claims filed by Discount Video Center, Inc.. (Attachments: # 1 Exhibit Case where thirty percent quote comes from, # 2 Exhibit Notice from London Sire Records)(Cable, Marvin) (Main Document 17 replaced on 7/23/2012) (Moore, Kellyann). (Entered: 07/20/2012)
2012-07-28 18 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by Discount Video Center, Inc. (Cable, Marvin) (Entered: 07/28/2012) 2012-08-26 22:30:11 1a4a7114189b185edc944d51ad7e1e26da403c66
2012-07-29 19 0 Opposition to Motion Amended Opposition re 15 MOTION, 16 MOTION to Quash, 12 MOTION to Quash Doe No. 22's Motion to Quash Subpoena and to Sever Claims (fixed to address typographical errors) filed by Discount Video Center, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cable, Marvin) (Entered: 07/29/2012)
2012-07-30 20 0 Answer to Complaint ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against Discount Video Center, Inc., Jon Nicolini, Copyright Enforcement Group, LLC by John Doe 22. (Attachments: # 1 Exhibit A)(Perkins, Samuel) (Entered: 07/30/2012) 2012-08-09 17:39:46 5aa0c86e75d3878638c584bf45c9c10a59544278
20 1 Exhibit A
2012-07-30 21 0 Notice of Appearance NOTICE of Appearance by Evan C. Ouellette on behalf of John Doe 22 (Ouellette, Evan) (Entered: 07/30/2012)
2012-07-30 22 0 Motion Hearing ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Leo T. Sorokin: Motion Hearing held on 7/30/2012; Court hears the oral argument of counsel and will take the matter under advisement; re 16 MOTION to Quash, 12 MOTION to Quash Doe No. 22's Motion to Quash Subpoena and to Sever Claims filed by John Doe 22. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Simeone, Maria) (Entered: 07/31/2012)
2012-08-01 23 0 Transcript Transcript of Motion Hearing held on July 30, 2012, before Chief Magistrate Judge Leo T. Sorokin. The Transcript may be purchased through Judy Bond Gonsalves at 508-984-7003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Judy Bond Gonsalves. Redaction Request due 8/22/2012. Redacted Transcript Deadline set for 9/3/2012. Release of Transcript Restriction set for 10/30/2012. (Scalfani, Deborah) (Main Document 23 replaced on 8/1/2012) (Scalfani, Deborah). (Entered: 08/01/2012)
2012-08-03 24 0 Memorandum in Support of Motion Supplemental MEMORANDUM in Support re 12 MOTION to Quash Doe No. 22's Motion to Quash Subpoena and to Sever Claims Doe 22's Supplemental Memorandum in Support of Motion to Quash Subpoena filed by John Doe 22. (Attachments: # 1 Exhibit A)(Perkins, Samuel) (Entered: 08/03/2012)
2012-08-06 25 0 Motion for Protective Order MOTION for Protective Order Doe 22's Motion for Protective Order with Supporting Memorandum by John Doe 22.(Perkins, Samuel) (Entered: 08/06/2012)
2012-08-06 26 0 Motion for Protective Order MOTION for Protective Order Doe 22's Motion for Protective Order with Supporting Memorandum by John Doe 22. (Attachments: # 1 Attachment)(Perkins, Samuel) (Entered: 08/06/2012)
2012-08-06 27 0 Proposed Document(s) submitted Proposed Document(s) submitted by Discount Video Center, Inc.. Document received: Subpoena Notice. (Cable, Marvin) (Entered: 08/06/2012) 2012-08-09 17:45:40 da6a9337448fb435ba15459a8f16190273345f73
2012-08-07 28 0 Response Response by Discount Video Center, Inc. to 24 Memorandum in Support of Motion, . (Cable, Marvin) (Entered: 08/07/2012)
2012-08-07 29 0 Order Referring Motion Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING MOTION 26 MOTION for Protective Order Doe 22's Motion for Protective Order with Supporting Memorandum filed by John Doe 22, 25 MOTION for Protective Order Doe 22's Motion for Protective Order with Supporting Memorandum filed by John Doe 22 to Chief Magistrate Judge Sorokin(Patch, Christine) Motions referred to Leo T. Sorokin. (Entered: 08/07/2012)
2012-08-08 30 0 Notice of correction to docket made by Court staff Notice of correction to docket made by Court staff. Correction: Document 25 MOTION for Protective Order Doe 22's Motion for Protective Order with Supporting Memorandum by John Doe 22 has been terminated. It has been refiled as document 26 . (Moore, Kellyann) (Entered: 08/08/2012)
2012-08-10 31 0 Order on Motion for Protective Order Ch. Magistrate Judge Leo T. Sorokin: MEMORANDUM AND ORDER entered re: Pending Motions to Quash (Docket #s 8, 12, 16) and Motion to Proceed Anonymously of John Doe No. 6. (Docket # 15). The Court hereby: QUASHES all of the subpoenas issued pursuant to the permission for early discovery; ALLOWS IN PART the Motions to QUASH (Docket #s 8, 12, 15, & 16) as explained herein; PROHIBITS the Plaintiff, its counsel and its agents from using in any way the identities of the subscribers it has already obtained (or does obtain) as a result of the subpoena process (except that within three days, the Plaintiff shall serve a copy of this Order upon all of the subscribers whose identities it has learned to date (and such further subscribers, if any, it learns of in the future as a result of the already issued subpoenas); ORDERS that within three days, the Plaintiff shall notify each ISP recipient of a subpoena that it shall immediately cease all efforts to comply with the subpoena and shall provide each ISP with a copy of this Order; Notwithstanding the foregoing, the Plaintiff may, within thirty days, request leave for early discovery as explained herein. Insofar as John Doe No. 2 seeks dismissal, that request is the subject of a separate Report and Recommendation issued today. See attached Memorandum and Order for further rulings. (Chernetsky, James) (Entered: 08/10/2012) 2012-08-11 08:32:04 32726c6460204c6383199551791835bc3767a43f
2012-08-10 32 0 Report and Recommendations Ch. Magistrate Judge Leo T. Sorokin: Order Entered. Report and Recommendation on Motion to Dismiss of John Doe No. 2. Docket # 8. Because John DoeNo. 2 is not presently a Party, but rather a third party from whom the Plaintiff seeks discovery, he or she does not have standing to seek dismissal.For that reason, I RECOMMEND that the Court DENY the motion to dismiss as MOOT. See attached Report and Recommendation. (Chernetsky, James) (Entered: 08/10/2012) 2012-08-11 11:00:16 f6fd885ed70cafaaa3e7456447162e06d3bd493e
2012-08-14 33 0 Motion to Preserve Evidence Emergency MOTION to Preserve Evidence by Discount Video Center, Inc.. (Attachments: # 1 Text of Proposed Order)(Cable, Marvin) (Entered: 08/14/2012)
2012-08-14 34 0 Memorandum in Support of Motion MEMORANDUM in Support re 33 Emergency MOTION to Preserve Evidence filed by Discount Video Center, Inc.. (Cable, Marvin) (Entered: 08/14/2012)
2012-08-15 35 0 Order Referring Motion Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING MOTION 33 Emergency MOTION to Preserve Evidence filed by Discount Video Center, Inc. to Chief Magistrate Judge Sorokin(Patch, Christine) Motions referred to Leo T. Sorokin. (Entered: 08/15/2012)
2012-08-15 36 0 Order on Motion to Preserve Evidence Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 33 Motion to Preserve Evidence; Order to enter. (Entered: 08/15/2012)
2012-08-15 37 0 Order Magistrate Judge Robert B. Collings: ORDER entered. ORDER ON PLAINTIFFS EMERGENCY MOTION TO PRESERVE ISP'S SUBSCRIBER RECORDS (#33)(Russo, Noreen) (Entered: 08/16/2012)
2012-08-17 38 0 Motion for Leave to File MOTION for Leave to File Amicus Curiae Brief by First Amendment Lawyers Association. (Attachments: # 1 Proposed Amicus Brief)(Randazza, Marc) (Entered: 08/17/2012) 2012-08-17 20:36:35 c3edab9753e88e57431329119aa4a2a7e78e57d4
38 1 Proposed Amicus Brief 2012-08-17 20:39:23 05aab7dc1b7573aba264b8361106b36bb8fd70f2
2012-08-24 39 0 Order Referring Motion Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING MOTION 38 MOTION for Leave to File Amicus Curiae Brief filed by First Amendment Lawyers Association to Chief Magistrate Judge Sorokin(Patch, Christine) Motions referred to Leo T. Sorokin. (Entered: 08/24/2012)
2012-08-24 40 0 Motion to Dismiss MOTION to Dismiss and Supporting Memorandum by John Doe 22. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Perkins, Samuel) (Entered: 08/24/2012) 2012-08-26 22:06:18 8b8eb6c0224ce5c88797c9dd30f37313bd541c99
40 1 Exhibit A 2012-08-26 22:21:46 377f6a58cb305bccdecfb469e163f0247fd28d2a
40 2 Exhibit B 2012-08-26 22:23:36 d6a268f02ec772aac2f974864641d4285d0dff3d
40 3 Exhibit C 2012-08-24 23:42:20 b99e34396256d696ed5f4e2f925df67e359ad743
2012-08-31 41 0 Order Referring Case to Magistrate Judge Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING CASE to Ch. Magistrate Judge Leo T. Sorokin Referred for: Report and Recommendations (rr). Motions referred: 40 MOTION to Dismiss and Supporting Memorandum. (Patch, Christine) Motions referred to Leo T. Sorokin. (Entered: 08/31/2012)
2012-09-06 42 0 Order on Motion for Leave to File Ch. Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 38 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) (Entered: 09/06/2012)
2012-09-10 43 0 Motion for Discovery Emergency MOTION for Discovery (renewed) by Discount Video Center, Inc.. (Attachments: # 1 Text of Proposed Order)(Cable, Marvin) (Entered: 09/10/2012) 2012-09-10 20:06:09 5b9978b4e88972fe7a75603c098e7e0b423c60fb
43 1 Text of Proposed Order 2012-09-25 09:27:31 4a96d1e99f289917da01ecaf46c0d59b9a665e33
2012-09-10 44 0 Memorandum in Support of Motion MEMORANDUM in Support re 43 Emergency MOTION for Discovery (renewed) filed by Discount Video Center, Inc.. (Cable, Marvin) (Entered: 09/10/2012) 2012-09-10 19:59:21 6f3e0450117ffca79429a46c58dd9c05fe65de0f
2012-09-11 45 0 Order Referring Motion Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. REFERRING MOTION 43 Emergency MOTION for Discovery (renewed) filed by Discount Video Center, Inc. to Chief Magistrate Judge Sorokin(Patch, Christine) Motions referred to Leo T. Sorokin. (Entered: 09/11/2012)
2012-09-11 46 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by Discount Video Center, Inc. (Attachments: # 1 Exhibit)(Cable, Marvin) (Entered: 09/11/2012) 2012-09-12 09:18:53 8ad79c7d9000b266ded37e8c5e00f987506a8bf4
46 1 Exhibit
2012-10-18 47 0 Judge Nathaniel M. Gorton: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS "Report and Recommendation accepted and adopted." Action on motion: ; adopting Report and Recommendations re 32 Report and Recommendations.; denying as moot 8 Motion to Dismiss filed by John Doe 2. (Moore, Kellyann) (Entered: 10/18/2012) 2012-11-06 22:12:45 8dd4f65966cd39a5e095df5499799cf7d619a4fe
2012-10-22 48 0 Response by Discount Video Center, Inc. regarding MAC addresses and other information. (Attachments: # 1 Exhibit A)(Cable, Marvin) (Entered: 10/22/2012) 2012-11-06 22:14:13 beed13f9f3764067a1b34de9b7382560f1ca55e4
48 1
2012-10-22 49 0 Transcript of Motion Hearing held on October 12, 2012, before Chief Magistrate Judge Leo T. Sorokin. The Transcript may be purchased through Judy Bond Gonsalves, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Judy Bond Gonsalves at 508-984-7003. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/22/2012. Release of Transcript Restriction set for 1/21/2013. (Scalfani, Deborah) (Entered: 10/22/2012)
2012-10-22 50 0 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 10/22/2012)
2012-11-07 51 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. Order on Pending Motions for Ex Parte Discovery and Order to Show Cause. For the foregoing reasons, the Plaintiffs' Renewed Motions for Ex Parte Discovery (12-cv-10805-NMG, Docket # 43; 12-cv-10532-GAO, Docket # 43; and, 12-cv-10758-GAO, Docket # 37) are DENIED. It is further ORDERED that by the close of business on November 16, 2012, the Plaintiffs shall show cause why their cases should not be dismissed pursuant to Fed. R. Civ. P. 4(m) for failure to effect timely service. See attached Order. (Chernetsky, James) (Entered: 11/07/2012) 2012-12-04 13:47:17 3735f68d8f4b19147ed7c2fb1151ee82600b845e
2012-11-16 52 0 RESPONSE TO ORDER TO SHOW CAUSE by Discount Video Center, Inc.. (Cable, Marvin) (Entered: 11/16/2012) 2017-02-09 15:56:21 2a8b852b0c047492c59633a39093737761912e49
2012-12-18 53 0 Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. REPORT AND RECOMMENDATIONS re: Order to Show Cause Why Cases Should Not Be Dismissed pursuant to Fed. R. Civ. P. 4(m) For Failure to Effect Timely Service (Docket # 51). For the foregoing reasons, I RECOMMEND that the Court find that the Plaintiffs in these three cases have failed to establish good cause to extend the deadline for service, and that no other reason exists to exercise its discretion to permit an extension of the deadline. Accordingly, I RECOMMEND that the Court dismiss these three cases pursuant to Fed. R. Civ. P. 4(m) for failure to effect timely service. See attached Report and Recommendation. Objections to R&R due by January 2, 2013. (Chernetsky, James) (Entered: 12/18/2012) 2013-01-28 12:01:27 504050b9a515a3d181aff605572d8e65d90b324f
2013-01-24 54 0 Judge Nathaniel M. Gorton: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS Action on motion: ; adopting Report and Recommendations re 53 Report and Recommendations. "Report and Recommendation accepted and adopted." (Moore, Kellyann) (Entered: 01/28/2013) 2013-01-28 11:59:54 3e34fc1bb3c1fee643bab7f1caf5f8ab18799b10
2013-01-28 55 0 Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE(Moore, Kellyann) (Entered: 01/28/2013)