| Court: | ilnd |
| Docket #: | 1:13-cv-07136 |
| Case Name: | Malibu Media LLC v. Doe |
| PACER case #: | 288494 |
| Date filed: | 2013-10-04 |
| Date terminated: | 2014-03-06 |
| Date of last filing: | 2014-03-07 |
| Assigned to: | Honorable Marvin E. Aspen |
| Referred to: | Honorable Jeffrey Cole |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media LLC Plaintiff |
Mary K. Schulz |
| John Doe Defendant Subscriber assigned IP 68.58.23.97 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-10-04 | 1 | 0 | complaint | COMPLAINT filed by Malibu Media LLC; jury demand. Filing fee $ 400, receipt number 0752-8797802. (Attachments: # (1) Exhibit A Hashes, # (2) Exhibit B Copyrights in suit, # (3) Exhibit C Exculpatory Information, # (4) Civil Cover Sheet)(Schulz, Mary) | ||
| 2013-10-04 | 2 | 0 | attorney appearance | ATTORNEY Appearance for Plaintiff Malibu Media LLC by Mary K. Schulz (Schulz, Mary) | ||
| 2013-10-09 | 3 | 0 | motion for miscellaneous relief | MOTION by Plaintiff Malibu Media LLCto take discovery before Rule 26 Conference (Attachments: # (1) Text of Proposed Order)(Schulz, Mary) | ||
| 2013-10-09 | 4 | 0 | memorandum in support of motion | MEMORANDUM by Malibu Media LLC in support of motion for miscellaneous relief[3] (Attachments: # (1) Declaration Colette Field, # (2) Declaration Patrick Paige, # (3) Declaration Jason Weinstein, # (4) Declaration Tobias Fieser)(Schulz, Mary) | ||
| 2013-10-09 | 5 | 0 | notice of motion | NOTICE of Motion by Mary K. Schulz for presentment of motion for miscellaneous relief[3] before Honorable Marvin E. Aspen on 10/17/2013 at 10:30 AM. (Schulz, Mary) | ||
| 2013-10-10 | 6 | 0 | Copyright Report | MAILED copyright report to Registrar, Washington DC (mgh, ) | ||
| 2013-10-16 | 7 | 0 | terminate hearings | MINUTE entry before Honorable Marvin E. Aspen:Plaintiff's motion for leave to serve a third-party subpoena prior to a Rule 26(1) conference is referred to Magistrate Jude Cole. A Status hearing set for 11/21/2013 at 10:30 AM., before Judge Aspen. The motion hearing set for 10/17/13 is stricken.Judicial staff mailed notice (gl, ) | ||
| 2013-10-16 | 8 | 0 | referring case to magistrate judge | EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1. Signed by Executive Committee on October 16, 2013. (For further details see order.) (mgh, ). | ||
| 2013-10-18 | 9 | 0 | set motion and R&R deadlines/hearings | MINUTE entry before Honorable Jeffrey Cole:Hearing on plaintiff's motion for leave to serve a third party subpoena is set for 10/25/2013 at 08:30 AM.Mailed notice (jms, ) | ||
| 2013-10-25 | 10 | 0 | text entry | MINUTE entry before Honorable Jeffrey Cole: Mary Kay Schultz is ordered to appear at 8:00 a.m. 10/28/13 in courtroom 1003 and show cause why a recommendation should not be made to Judge Aspen that she be held in contempt for her use of an epithet directed at the court while she was still in the courtroom. The facts surrounding what occurred are set forth below. On 10/9/13 the plaintiff filed a motion in front of Judge Aspen for leave to file a third-party subpoena prior to a Rule 26 conference. [#3]. Judge Aspen referred the matter here. The motion was printed on both sides of the page and its 4 exhibits were not separated by protruding tabs. The double sided printing and the absence of protruding tabs were both violative of our Local Rules. Since the motion by its nature was unopposed and since the lawyer presenting the motion was from Geneva, Illinois, I chose to exercise my discretion and disregarded these Rule violations. Schlacher v. Law Offices of Phillip J. Rotche & Associates, P.C., 574 F.3d 852, 859 (7th Cir. 2009). The motion did not have attached to it the proposed subpoena -- an omission I did not notice at the time. The motion also provided that a proposed order was attached for the court's convenience. No proposed order was attached as an exhibit to the materials sent down by Judge Aspen which presumably was the courtesy copy provided to Judge Aspen pursuant to Local Rule 5.2(f). If a courtesy copy was not provided that is a third Local Rule violation in connection with this motion. A review of the docket conducted after counsel left the courtroom revealed a proposed order which permits the plaintiff to serve a subpoena on Comcast Cable requiring that the plaintiff be provided with the name, address, telephone number and email address of the defendant to whom the ISP address but does not have attached the proposed subpoena, itself. In any event, the motion was granted. The plaintiff then requested permission to provide a draft order -- presumably the proposed order that was filed on the docket and that the motion represented was attached "for the court's convenience" but which in fact was not attached to the motion. The plaintiff's lawyer asked to submit a draft order and I expressed the view that the minute order granting the motion would suffice to enable her to obtain the information she wanted. It was apparent that the plaintiff's lawyer didn't agree with my conclusion. In any event, as she was gathering her belongings at the counsel table, mouthed or said sotto voce to a person in the courtroom,"What an asshole." Mailed notice (jms, ) | ||
| 2013-10-25 | 11 | 0 | order on motion for miscellaneous relief | MINUTE entry before Honorable Jeffrey Cole: Motion hearing held. Plaintiffs motion for leave to serve a third party subpoenas [3] is granted. However, the plaintiff's counsel should notoverlook the order entered earlier this morning regarding her behaviorin court this morning. That order requires that the plaintiff appear at 8:00 a.m. on 10/28/13 and show cause why it should not be recommended to Judge Aspen that she be held in contempt.Mailed notice (jms, ) | ||
| 2013-10-28 | 12 | 0 | terminate hearings | MINUTE entry before Honorable Jeffrey Cole:Show cause hearing held. Plaintiffs counsel appears pursuant to the order of 10/25/13 [10] requiring that she show cause why she should not be held in contempt for the statement reflected in that order that was made in court on 10/25/13. When asked whether she denied making the statement reflected in the order of 10/25/13, she did not deny it, merely saying that she could not remember the exact words she used. But she went on to say that it was a comment made out of frustration that my mother would not approve of. (The lawyer was not content with my having merely entered a minute order granting her motion for leave to issue a subpoena to Comcast). When asked what her position was, plaintiffs counsel responded, whatever I said was not contempt. She was unapologetic in any way, insisting that I and my staff were out of the courtroom. That was not true. The statement was made to Paul Mosser, who was sitting in the front of the courtroom the entire time and was clearly in her line of sight. Mr. Mosser is a law student who is currently serving in my chambers as an extern. When asked if she thought that what she did in the courtroom in the presence of another person was appropriate, or whether she thought it was permissible to conduct herself as she did, her only response was that what she did was not contempt. At that point it was apparent that the plaintiffs lawyer had no contrition about her conduct and wanted to pursue the matter as a purely legal question of whether what she did constituted contempt. Consequently, plaintiffs lawyer is given 14 days to file a brief in response to the rule to show cause. The case is set for further status on 11/18/13 at 9:30 a.m.Mailed notice (jms, ) | ||
| 2013-10-28 | 13 | 0 | order | ORDER regarding service of subpoena Signed by the Honorable Jeffrey Cole on 10/28/2013:Mailed notice(jms, ) | ||
| 2013-11-11 | 14 | 0 | Response | RESPONSE by Plaintiff Malibu Media LLC to terminate hearings,,,,,,,, show cause hearing,,,,,,,, set/reset hearings,,,,,,, [12] (Attachments: # (1) Exhibit A Transcript 10/25/2013, # (2) Exhibit B Order 10/25/2013 DE 10, # (3) Exhibit C Order 10/28/2013 DE 12, # (4) Exhibit D Order 10/25/2013 DE 11, # (5) Exhibit E Transcript 10/28/2013)(Schulz, Mary) | 2014-03-13 15:43:32 | 96a2a210314e2fa8db35a603c93411b94b480f65 |
| 14 | 1 | Exhibit A Transcript 10/25/2013 | ||||
| 14 | 2 | Exhibit B Order 10/25/2013 DE 10 | ||||
| 14 | 3 | Exhibit C Order 10/28/2013 DE 12 | ||||
| 14 | 4 | Exhibit D Order 10/25/2013 DE 11 | ||||
| 14 | 5 | Exhibit E Transcript 10/28/2013 | ||||
| 2013-11-14 | 15 | 0 | terminate hearings | MINUTE entry before Honorable Marvin E. Aspen:The Status hearing set for 11/21/13, before Judge Aspen, is stricken and reset to 12/12/2013 at 10:30 AM.Judicial staff mailed notice (gl, ) | ||
| 2013-11-15 | 16 | 0 | text entry | MINUTE entry before Honorable Jeffrey Cole: In connection with the Rule to Show Cause issued to the plaintiff's lawyer in this case, the Declaration of Paul Mosser is hereby filed. Mailed notice (jms, ) | ||
| 2013-11-15 | 17 | 0 | other | DECLARATION of Paul Mosser. (jms, ) | 2014-03-13 15:52:36 | 71ee190b1b88ba19883e8f2506e3c5890e45d558 |
| 2013-11-15 | 18 | 0 | terminate hearings | MINUTE entry before Honorable Jeffrey Cole: Rule to show cause hearing date of 11/18/2013 is stricken. The court will set another date, if necessary, shortly.Mailed notice (jms, ) | ||
| 2013-12-11 | 19 | 0 | terminate hearings | MINUTE entry before the Honorable Marvin E. Aspen:The Status hearing set for 12/12/13 is stricken and reset to 3/6/2014 at 10:30 AM.Judicial staff mailed notice (gl, ) | 2014-03-13 19:57:40 | fd9aa09fa408cee4525ee09e7e2dfaf22882fe3a |
| 2014-03-06 | 20 | 0 | terminate hearings | MINUTE entry before the Honorable Marvin E. Aspen: This action is dismissed with leave to reinstate by 5/6/14. The status hearing set for 3/6/14 is stricken.Civil case terminated. Judicial staff mailed notice (gl, ) | 2014-03-13 19:05:39 | 810bd63923b45309cd301bdc5133ced5878f2246 |
| 2014-03-07 | 21 | 0 | Copyright Report | MAILED copyright report with certified copy of minute order dated 3/6/2014 to Registrar, Washington DC (mgh, ) |