| Court: | cand |
| Docket #: | 3:15-cv-04173 |
| Case Name: | Malibu Media, LLC v. John Doe subscriber assigned IP address 98.207.153.167 |
| PACER case #: | 291080 |
| Date filed: | 2015-09-11 |
| Date of last filing: | 2016-03-15 |
| Assigned to: | Hon. William Alsup |
| Referred to: | Magistrate Judge Sallie Kim (Settlement) |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media, LLC Counter-defendant |
Brenna Elsie Erlbaum Brian Morgan Heit |
| John Doe subscriber assigned IP address 98.207.153.167 Defendant |
Joseph Curtis Edmondson Mark Frederick Lambert |
| John Doe 2 Counter-claimant also known asMBS |
Joseph Curtis Edmondson |
| John Doe 2 Counter-claimant |
Joseph Curtis Edmondson |
| Malibu Media, LLC Counter-defendant |
Brenna Elsie Erlbaum |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-09-11 | 1 | 0 | Complaint | COMPLAINT DEMAND FOR JURY TRIAL; (NO PROCESS); against John Doe subscriber assigned IP address 98.207.153.167 ( Filing fee $ 400, receipt number 0971-9830564.). Filed byMalibu Media, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Erlbaum, Brenna) (Filed on 9/11/2015) Modified on 9/14/2015 (aaaS, COURT STAFF). (Entered: 09/11/2015) | ||
| 2015-09-11 | 2 | 0 | Civil Cover Sheet | Civil Cover Sheet by Malibu Media, LLC . (Erlbaum, Brenna) (Filed on 9/11/2015) (Entered: 09/11/2015) | ||
| 2015-09-11 | 3 | 0 | Certificate of Interested Entities | Certificate of Interested Entities by Malibu Media, LLC re 1 Complaint, (Erlbaum, Brenna) (Filed on 9/11/2015) (Entered: 09/11/2015) | ||
| 2015-09-11 | 4 | 0 | Statement | Statement re 1 Complaint, Disclosure by Malibu Media, LLC. (Erlbaum, Brenna) (Filed on 9/11/2015) (Entered: 09/11/2015) | ||
| 2015-09-11 | 5 | 0 | Case Assigned by Intake | Case assigned to Hon. Samuel Conti. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/14/2015) | ||
| 2015-09-11 | 6 | 0 | Initial Case Management Scheduling Order with ADR Deadlines | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/4/2015. Case Management Conference set for 12/11/2015 10:00 AM. Signed by Senior Judge Samuel Conti on 9/11/15. (Attachments: # 1 SC Standing Order, # 2 Standing Order)(aaaS, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/14/2015) | ||
| 2015-09-14 | 7 | 0 | Patent/Trademark Copy | REPORT on the filing or determination of an action regarding:COPYRIGHT INFRINGEMENT (cc: form mailed to register). (aaaS, COURT STAFF) (Filed on 9/14/2015) (Entered: 09/14/2015) | ||
| 2015-09-14 | 8 | 0 | Certificate of Interested Entities | Certificate of Interested Entities by Malibu Media, LLC identifying Corporate Parent Malibu Media, LLC, Other Affiliate Colette Field, Other Affiliate Brigham Field, Other Affiliate Brenna Erlbaum, Other Affiliate John Doe, Defendant, Other Affiliate Brian Heit for Malibu Media, LLC. re 1 Complaint, (Erlbaum, Brenna) (Filed on 9/14/2015) (Entered: 09/14/2015) | ||
| 2015-09-29 | 9 | 0 | Order Reassigning Case | ORDER REASSIGNING CASES. Signed by Judge Phyllis J. Hamilton for the Executive Committee on 9/29/15. (napS, COURT STAFF) (Filed on 9/29/2015) (Entered: 09/29/2015) | ||
| 2015-10-09 | 10 | 0 | Clerk's Notice | CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 11/5/2015. Case Management Conference set for 11/12/2015 11:00 AM in Courtroom 8, 19th Floor, San Francisco. All counsel are required to download, read and follow Judge Alsup's SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE", available at http://cand.uscourts.gov/whaorders. (dt, COURT STAFF) (Filed on 10/9/2015) (Entered: 10/09/2015) | ||
| 2015-10-11 | 11 | 0 | Ex Parte Application | Ex Parte Application For Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Erlbaum, Brenna) (Filed on 10/11/2015) (Entered: 10/11/2015) | ||
| 2015-10-11 | 12 | 0 | Proposed Order | Proposed Order re 11 Ex Parte Application For Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference by Malibu Media, LLC. (Erlbaum, Brenna) (Filed on 10/11/2015) (Entered: 10/11/2015) | ||
| 2015-10-18 | 13 | 0 | Order on Ex Parte Application | ORDER GRANTING EX PARTE MOTION FOR LEAVE TO SERVE THIRD-PARTY SUBPOENA PRIOR TO RULE 26(f) CONFERENCE by Hon. William Alsup granting 11 Ex Parte Application.(whalc1, COURT STAFF) (Filed on 10/18/2015) (Entered: 10/18/2015) | ||
| 2015-11-06 | 14 | 0 | Clerk's Notice | CLERK'S NOTICE Resetting Case Management Conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 11/12/2015. Case Management Conference set for 11/19/2015 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (dtmS, COURT STAFF) (Filed on 11/6/2015) (Entered: 11/06/2015) | ||
| 2015-11-11 | 15 | 0 | Status Report | STATUS REPORT by Malibu Media, LLC. (Erlbaum, Brenna) (Filed on 11/11/2015) (Entered: 11/11/2015) | ||
| 2015-11-23 | 16 | 0 | Order | ORDER SETTING CASE MANAGEMENT CONFERENCE Case Management Conference set for 3/3/2016 01:30 PM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on 11/23/15. (whalc1, COURT STAFF) (Filed on 11/23/2015) (Entered: 11/23/2015) | ||
| 2015-11-19 | 17 | 0 | Case Management Conference - Initial | Minute Entry for proceedings held before Hon. William Alsup: Initial Case Management Conference held on 11/19/2015. Plaintiff shall file proof of service of the summons, complaint and scheduling order between 1/7/16 to 1/25/16 (by the date applicable to this case.) Further Case Management Conference set for 3/3/2016 01:30 PM in Courtroom 8, 19th Floor, San Francisco. Court Reporter Name Kathy Sullivan. Plaintiff Attorney Brenna Erlbaum; Brian Heit. Defendant Attorney n/a. This is a text only Minute Entry (dt, COURT STAFF) (Date Filed: 11/19/2015) (Entered: 11/25/2015) | ||
| 2015-12-04 | 18 | 0 | Notice of Appearance | NOTICE of Appearance by Mark Frederick Lambert Attorney for Third Party Subscriber Assigned IP Address 98.207.153.167 (Lambert, Mark) (Filed on 12/4/2015) (Entered: 12/04/2015) | ||
| 2015-12-04 | 19 | 0 | Stipulation | STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Protective Order Governing Confidential Third Party Material filed by John Doe subscriber assigned IP address 98.207.153.167. (Lambert, Mark) (Filed on 12/4/2015) (Entered: 12/04/2015) | ||
| 2015-12-14 | 20 | 0 | Order on Stipulation | ORDER RE STIPULATION AND PROTECTIVE ORDER GOVERNING CONFIDENTIAL THIRD-PARTY MATERIAL by Hon. William Alsup granting 19 Stipulation.(whalc1, COURT STAFF) (Filed on 12/14/2015) (Entered: 12/14/2015) | ||
| 2015-12-17 | 21 | 0 | Administrative Motion to File Under Seal | Administrative Motion to File Under Seal Notice to Court filed by John Doe subscriber assigned IP address 98.207.153.167. (Attachments: # 1 Declaration of Mark F. Lambert, # 2 Proposed Order, # 3 REDACTED VERSION OF NOTICE TO COURT, # 4 UNREDACTED VERSION OF NOTICE TO COURT)(Lambert, Mark) (Filed on 12/17/2015) (Entered: 12/17/2015) | ||
| 2015-12-17 | 22 | 0 | Order on Administrative Motion to File Under Seal | ORDER GRANTING ADMINISTRATIVE MOTION TO FILE CERTAIN DOCUMENTS UNDER SEAL by Hon. William Alsup granting 21 Administrative Motion to File Under Seal.(whalc1, COURT STAFF) (Filed on 12/17/2015) (Entered: 12/17/2015) | ||
| 2016-01-11 | 23 | 0 | Motion for Extension of Time to File | First MOTION for Extension of Time to File / Serve Defendant with Summons and Complaint filed by Malibu Media, LLC. (Attachments: # 1 Proposed Order)(Erlbaum, Brenna) (Filed on 1/11/2016) (Entered: 01/11/2016) | ||
| 2016-01-19 | 24 | 0 | Order on Motion for Extension of Time to File | ORDER EXTENDING DEADLINE TO EFFECTUATE SERVICE OF PROCESS by Hon. William Alsup granting 23 Motion for Extension of Time to File.(whalc1, COURT STAFF) (Filed on 1/19/2016) (Entered: 01/19/2016) | ||
| 2016-01-29 | 25 | 0 | Motion for Extension of Time to File | MOTION for Extension of Time to File/Extension of Time to Serve Defendant filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Proposed Order)(Erlbaum, Brenna) (Filed on 1/29/2016) Modified on 1/29/2016 (dtmS, COURT STAFF). (Entered: 01/29/2016) | ||
| 2016-02-02 | 26 | 0 | Administrative Motion to File Under Seal | First Administrative Motion to File Under Seal filed by Malibu Media, LLC. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 TO SEAL: Amended Complaint, # 4 Redacted Amended Complaint, # 5 Exhibit, # 6 Exhibit, # 7 Summons, # 8 Summons TO SEAL: Summons)(Erlbaum, Brenna) (Filed on 2/2/2016) (Entered: 02/02/2016) | ||
| 2016-02-02 | 27 | 0 | Order | ORDER GRANTING SEALING MOTION AND EXTENDING DEADLINE TO EFFECTUATE SERVICE, Motions terminated: 25 MOTION for Extension of Time to File filed by Malibu Media, LLC, 26 First Administrative Motion to File Under Seal filed by Malibu Media, LLC.. Signed by Judge Alsup on 2/2/16. (whalc1, COURT STAFF) (Filed on 2/2/2016) (Entered: 02/02/2016) | ||
| 2016-02-03 | 28 | 0 | Summons Issued | Unredacted Summons Issued (dtmS, COURT STAFF) (Filed on 2/3/2016) (Entered: 02/03/2016) | ||
| 2016-02-05 | 29 | 0 | Order | ORDER CONTINUING CASE MANAGEMENT CONFERENCE Case Management Conference set for 3/10/2016 11:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on 2/5/16. (whalc1, COURT STAFF) (Filed on 2/5/2016) (Entered: 02/05/2016) | ||
| 2016-02-17 | 30 | 0 | Affidavit of Service | AFFIDAVIT of Service for Summons and Complaint served on Defendant on 02/09/16, filed by Malibu Media, LLC. (Erlbaum, Brenna) (Filed on 2/17/2016) (Entered: 02/17/2016) | ||
| 2016-02-24 | 31 | 0 | Notice of Appearance | NOTICE of Appearance by Joseph Curtis Edmondson ON BEHALF OF JOHN DOE 2 AKA MBS (Attachments: # 1 Certificate/Proof of Service)(Edmondson, Joseph) (Filed on 2/24/2016) (Entered: 02/24/2016) | ||
| 2016-02-28 | 32 | 0 | Answer to Complaint | ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Malibu Media, LLC byJohn Doe 2. (Attachments: # 1 Certificate/Proof of Service)(Edmondson, Joseph) (Filed on 2/28/2016) (Entered: 02/28/2016) | 2016-02-28 21:00:32 | 2c64effde0f167eecb0053b985aba8a93d5f3378 |
| 32 | 1 | Certificate/Proof of Service | ||||
| 2016-03-04 | 33 | 0 | Case Management Statement | CASE MANAGEMENT STATEMENT filed by John Doe 2. (Attachments: # 1 Exhibit Draft Joint CMC, # 2 Exhibit Model ESI Order, # 3 Exhibit Email on 2/29/16, # 4 Certificate/Proof of Service)(Edmondson, Joseph) (Filed on 3/4/2016) (Entered: 03/04/2016) | ||
| 33 | 1 | Exhibit Draft Joint CMC | ||||
| 33 | 2 | Exhibit Model ESI Order | ||||
| 33 | 3 | Exhibit Email on 2/29/16 | 2016-03-16 09:35:50 | 3f4551f3ab082fb6514b4ef944b3def7a7f3223a | ||
| 33 | 4 | Certificate/Proof of Service | ||||
| 2016-03-07 | 34 | 0 | Transcript | Transcript of Proceedings held on 2/23/16, before Judge William H. Alsup. Court Reporter/Transcriber Kelly Shainline, Bryce Reporting Services, telephone number (510)828-9404, Email: Info@brycereporting.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/6/2016. (Bryce, Kelly) (Filed on 3/7/2016) (Entered: 03/07/2016) | ||
| 2016-03-08 | 35 | 0 | Transcript Order | TRANSCRIPT ORDER by John Doe subscriber assigned IP address 98.207.153.167 for Court Reporter Kelly Shainline. (Lambert, Mark) (Filed on 3/8/2016) (Entered: 03/08/2016) | 2016-03-16 08:47:35 | 84efb16b7bf08e300e6a832d6c14da81b56821cc |
| 2016-03-09 | 36 | 0 | Statement | Statement Regarding Case Management Statement by Malibu Media, LLC. (Attachments: # 1 Exhibit A)(Erlbaum, Brenna) (Filed on 3/9/2016) (Entered: 03/09/2016) | 2016-03-17 00:11:14 | c38b0fae524c78d97d88d2445d8494737dd05aba |
| 36 | 1 | Exhibit A | ||||
| 2016-03-11 | 37 | 0 | Case Management Scheduling Order | CASE MANAGEMENT SCHEDULING ORDER: Final Pretrial Conference set for 3/15/2017 02:00 PM in Courtroom 8, 19th Floor, San Francisco. Jury Trial set for 3/20/2017 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Discovery due by 12/16/2016. Motions due by 1/26/2017. Signed by Judge William Alsup on 3/10/2016. (whasec, COURT STAFF) (Filed on 3/11/2016) (Entered: 03/11/2016) | ||
| 2016-03-11 | 38 | 0 | Order Referring Case to Magistrate Judge for Settlement | ORDER REFERRING CASE to Magistrate Judge Sallie Kim for Mediation/Settlement. Signed by Judge William Alsup on 3/11/2016. (whasec, COURT STAFF) (Filed on 3/11/2016) (Entered: 03/11/2016) | ||
| 2016-03-10 | 39 | 0 | Case Management Conference - Initial | Minute Entry for proceedings held before Hon. William Alsup: Initial Case Management Conference held on 3/10/2016. Jury Selection/Trial set for 3/20/2017 07:30 AM before Hon. William Alsup. Jury Trial set for 3/21/2017 3/22/2017 3/23/2017 3/24/2017 07:30 AM before Hon. William Alsup.Total Time in Court 2 minutes. Court Reporter Name Debra Pas. Plaintiff Attorney Brenna Erlbaum; Brian Heit. Defendant Attorney Curtis Edmondson; Nicholas Ranallo; Robert Matz. Attachment minute order.(dl, COURT STAFF) (Date Filed: 3/10/2016) (Entered: 03/14/2016) | ||
| 2016-03-15 | 40 | 0 | Notice of Change of Address | NOTICE of Change of Address by Brenna Elsie Erlbaum (Erlbaum, Brenna) (Filed on 3/15/2016) (Entered: 03/15/2016) | ||
| 2016-05-25 | 41 | 0 | MOTION for Entry of Default on Counter-Claim against Malibu Media LLC filed by John Doe 2. (Attachments: # 1 Declaration OF J. CURTIS EDMONDSON IN SUPPORT )(Edmondson, Joseph) (Filed on 5/25/2016) Modified on 5/27/2016 (dtmS, COURT STAFF). (Entered: 05/25/2016) | |||
| 2016-05-25 | 42 | 0 | CERTIFICATE OF SERVICE by John Doe 2 re 41 MOTION for Entry of Default (Edmondson, Joseph) (Filed on 5/25/2016) (Entered: 05/25/2016) | |||
| 2016-05-27 | 43 | 0 | Clerk's Notice ENTRY OF DEFAULT as to Counter Defendant Malibu Media LLC.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) 41 )(dtmS, COURT STAFF) (Filed on 5/27/2016) Default set aside pursuant to 49 Order Modified on 8/5/2016 (slhS, COURT STAFF). (Entered: 05/27/2016) | |||
| 2016-06-07 | 44 | 0 | First MOTION to Set Aside Default on John Doe 2's Counter--Claim filed by Malibu Media, LLC. Motion Hearing set for 7/14/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 6/21/2016. Replies due by 6/28/2016. (Heit, Brian) (Filed on 6/7/2016) (Entered: 06/07/2016) | |||
| 2016-06-22 | 45 | 0 | RESPONSE (re 44 First MOTION to Set Aside Default on John Doe 2's Counter--Claim ) filed byJohn Doe subscriber assigned IP address 98.207.153.167. (Attachments: # 1 Declaration, # 2 Certificate/Proof of Service)(Edmondson, Joseph) (Filed on 6/22/2016) (Entered: 06/22/2016) | |||
| 2016-06-29 | 46 | 0 | REPLY (re 44 First MOTION to Set Aside Default on John Doe 2's Counter--Claim ) In Support of Motion to Set Aside Default filed byMalibu Media, LLC. (Erlbaum, Brenna) (Filed on 6/29/2016) (Entered: 06/29/2016) | |||
| 2016-07-09 | 47 | 0 | STIPULATION WITH PROPOSED ORDER to Extend July 14, 2016 Oral Argument Date; Notice of Tentative Settlement filed by John Doe 2. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Edmondson, Joseph) (Filed on 7/9/2016) Modified on 7/11/2016 (dtmS, COURT STAFF). (Entered: 07/09/2016) | |||
| 2016-08-04 | 48 | 0 | Minute Entry for proceedings held before Hon. William Alsup: Motion Hearing held on 8/4/2016 re 44 First MOTION to Set Aside Default on John Doe 2's Counter--Claim filed by Malibu Media, LLC. Total Time in Court 4 minutes. Court Reporter Name Rhonda Aquilina. Plaintiff Attorney Brenna Erlbaum. Defendant Attorney J. Curtis Edmondson. Attachment minute order.(dl, COURT STAFF) (Date Filed: 8/4/2016) (Entered: 08/04/2016) | |||
| 2016-08-04 | 49 | 0 | ORDER SETTING ASIDE DEFAULT by Hon. William Alsup granting 44 Motion to Set Aside Default.(whalc1, COURT STAFF) (Filed on 8/4/2016) (Entered: 08/04/2016) | |||
| 2016-08-11 | 50 | 0 | Plaintiff's ANSWER to Counterclaim byMalibu Media, LLC. (Erlbaum, Brenna) (Filed on 8/11/2016) (Entered: 08/11/2016) | |||
| 2016-08-15 | 51 | 0 | NOTICE by Malibu Media, LLC Change of Firm Name (Heit, Brian) (Filed on 8/15/2016) (Entered: 08/15/2016) | |||
| 2016-08-16 | 52 | 0 | NOTICE OF TELEPHONIC SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. Telephonic Scheduling Conference set for 8/26/2016 11:00 AM before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 8/16/2016. (mklS, COURT STAFF) (Filed on 8/16/2016) (Entered: 08/16/2016) | |||
| 2016-08-26 | 53 | 0 | Minute Entry for proceedings held before Magistrate Judge Sallie Kim: Telephonic Scheduling Conference held on 8/26/2016. Settlement conference set for 10/14/2016 at 11:00 AM. The Court will issue a Settlement Conference order. (Total Time in Court 5 minutes.) (Not reported.) Plaintiff Attorney Brenna Erlbaum. Defendant Attorney J. Curtis Edmonson. This is a text only Minute Entry (mklS, COURT STAFF) (Date Filed: 8/26/2016) (Entered: 08/26/2016) | |||
| 2016-08-26 | 54 | 0 | NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 10/14/2016 11:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Magistrate Judge Sallie Kim on 8/26/2016. (mklS, COURT STAFF) (Filed on 8/26/2016) (Entered: 08/26/2016) | |||
| 2016-10-03 | 55 | 0 | NOTICE by Malibu Media, LLC of Firm Change (Erlbaum, Brenna) (Filed on 10/3/2016) (Entered: 10/03/2016) |