Case details

Court: cacd
Docket #: 2:12-cv-06664
Case Name: Ingenuity13 LLC v. John Doe
PACER case #: 539010
Date filed: 2012-08-02
Date terminated: 2013-01-25
Date of last filing: 2013-01-28
Assigned to: Judge Otis D. Wright, II
Referred to: Magistrate Judge Jacqueline Chooljian
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question


Represented Party Attorney & Contact Info
Ingenuity 13 LLC
Brett Langdon Gibbs
Prenda Law Inc 38 Miller Avenue Suite 263 Mill Valley, CA 94941 415-325-5900 Email:

John Doe
TERMINATED: 12/26/2012
Kenneth MacDonald


Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-02 1 0 Complaint - (Discovery) COMPLAINT against Defendant John Doe. Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Victor B. Kenton.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Ingenuity13 LLC. [Summons not Issued on 8/2/2012.] (et) (mg). (Entered: 08/06/2012) 2012-09-15 14:45:23 cbffbe1feeb9d0f06f23ccbce1fcd8f74f38f6fe
2012-08-02 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Ingenuity13 LLC. (et) (mg). (Entered: 08/06/2012)
2012-08-02 3 0 Report on Filing of Copyright Action (Initial Notification) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ingenuity13 LLC. (et) (Entered: 08/06/2012)
2012-08-07 4 0 Order NEW CASE ORDER by Judge Stephen V. Wilson that this case has been assigned to the calendar of Judge Stephen V. Wilson. The Court fully adheres to Rule 1 of the FRCP which requires that the Rules be "construed to secure the just, speedy and inexpensive determination of every action." Memoranda of Points and Authorities in support of or in opposition to motion shall not exceed 25 pages. Replies, thereto, shall not exceed 12 pages (see attached Order for further information). (jp) (Entered: 08/07/2012)
2012-08-24 5 0 Ex Parte Applicaton for Leave re Discovery re Discovery EX PARTE APPLICATION for Leave to Take Expedited Discovery filed by Plaintiff Ingenuity13 LLC. (Attachments: # 1 Exhibit A - Hansmeier Declaration, # 2 Exhibit B - ISP Compliance Policy, # 3 Proposed Order)(Gibbs, Brett) (Entered: 08/24/2012)
2012-09-28 6 0 Transferring Case purs GO 08-05 (Related Case (CV 34) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-06660 GAF(AGRx). Case transferred from Magistrate Judge Victor B. Kenton and Judge Stephen V. Wilson to Judge Gary A. Feess and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-06664 GAF(AGRx).Signed by Judge Gary A. Feess (rn) (Entered: 09/28/2012)
2012-10-13 7 0 Order on Ex Parte Application for Leave re Discovery Matter ORDER by Judge Gary A. Feess GRANTING Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery 5 . Further ORDERED that Plaintiff may immediately serve Rule 45 subpoena(s) to identify John Doe associated with the Internet Protocol address listed in the Complaint, limited to the following categories of entities and information. (See attached Order for further details). Finally, it is ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash. (jp) (Entered: 10/15/2012)
2012-12-11 8 0 Text Only Scheduling Notice ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION. Plaintiff(s) are ORDERED to show cause why this case should not be dismissed, for lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962) (court has inherent power to dismiss for lack of prosecution on its own motion). In this matter: Plaintiff(s) have failed to file a proof of service within 120 days of the filing of the Complaint. Plaintiff(s) can satisfy this order by showing that service was effectuated within the 120 day deadline or by showing good cause for the failure to do so. Fed. R. Civ. P. 4(m). Plaintiffs must respond to this order within 20 days. Failure to respond to this OSC will be deemed consent to the dismissal of the action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(rfi) TEXT ONLY ENTRY (Entered: 12/11/2012)
2012-12-19 9 0 Transferring Case purs GO 08-05 (Related Case (CV 34) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-05709 ODW(JCx). Case transferred from Judge Gary A. Feess and Magistrate Judge Alicia G. Rosenberg 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 12-06664 ODW(JCx).Signed by Judge Otis D Wright, II (rn) (Entered: 12/19/2012)
2012-12-20 10 0 Order to Show Cause 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)
2012-12-20 11 0 Order to Show Cause 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: 12/21/2012) 2012-12-26 01:27:22 80942773f64b57cc66479d92f03be5161c049ab1
2012-12-26 12 0 Amended Complaint AMENDED COMPLAINT against defendant Kenneth MacDonald; Party John Doe terminated amending Complaint - (Discovery) 1 Jury Demand,filed by plaintiff John Doe (lc) (lc). (Entered: 12/26/2012)
2012-12-27 13 0 Response (non-motion) RESPONSE filed by Plaintiff Ingenuity 13 LLCto Order to Show Cause, 11 Re Lack of Service (Gibbs, Brett) (Entered: 12/27/2012) 2012-12-28 02:58:06 745d00701dc8bb5a380e33593a3faf5883221b04
2012-12-31 14 0 Motion to Disqualify Judge 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)
14 1 Exhibit A
14 2 Exhibit B
14 3 Exhibit C
14 4 Exhibit D
14 5 Proposed Order
2013-01-02 15 0 Referral of Motion to Disqualify (CV 54) 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 14 is referred to Judge Michael W Fitzgerald for determination. (at) (Entered: 01/02/2013)
2013-01-15 16 0 Order on Motion to Disqualify Judge MINUTES (IN CHAMBERS) by Judge Michael W Fitzgerald: ORDER denying 14 plaintiffs Motion to Disqualify Judge Otis D. Wright, II. (lc) (Entered: 01/15/2013)
2013-01-25 17 0 Order ORDER that this case is dismissed without prejudice. The Clerk of Court shallclose this case by Judge Otis D. Wright, II.(Made JS-6. Case Terminated.) (lc) (Entered: 01/28/2013) 2013-01-30 23:03:28 1d77018a7503956726ba8108a4d9e5615fb72571
2013-01-28 18 0 Report of Determination of Copyright Action (CLOSE)(AO 121) REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) Mailed closing report to Copyright Office. (Attachments: # 1 order) (lc) (Entered: 01/28/2013) 2013-01-31 08:54:18 ed39b9359ca68b9c4467bd45fd22322f1bfb5012
18 1 order 2013-01-31 08:58:02 5d6a59d52dca4bcaa437b10c82f305b875ef43c1