| Court: | vaed |
| Docket #: | 3:11-cv-00469 |
| Case Name: | K-Beech, Inc. v. John Does 1-85 |
| PACER case #: | 269663 |
| Date filed: | 2011-07-21 |
| Date terminated: | 2012-02-21 |
| Date of last filing: | 2012-02-21 |
| Assigned to: | District Judge John A. Gibney, Jr |
| Case Cause: | 28:1338 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| K-Beech, Inc. Plaintiff |
David Wayne O'Bryan Christine A. Williams John Buckley Warden , IV Wyatt B. Durrette , Jr. |
| John Does 1-85 Defendant TERMINATED: 10/05/2011 |
|
| John Doe #7 Defendant TERMINATED: 10/05/2011 |
Ian Donald Titley |
| Darren Clay Defendant also known asJohn Doe # 1 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-07-21 | 1 | 0 | Complaint | COMPLAINT against John Does 1-85 (Filing fee: $350.00; receipt number: 34683013644), filed by K-Beech, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(jtho, ) Modified filing date on 7/22/2011 (jtho, ). (Entered: 07/22/2011) | 2012-04-30 14:28:21 | 109a4175d790396297eece0b6028f8ad611814b3 |
| 1 | 1 | Exhibit A | ||||
| 1 | 2 | Exhibit B | ||||
| 1 | 3 | Exhibit C | ||||
| 1 | 4 | Exhibit D | ||||
| 1 | 5 | Civil Cover Sheet | ||||
| 2011-07-22 | 2 | 0 | Motion for Leave to File | MOTION for Leave to File Serve Third Party Subpoenas Prior to Rule 26 (f) Conference by K-Beech, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(O'Bryan, David) (Entered: 07/22/2011) | ||
| 2 | 1 | Exhibit 1 | ||||
| 2 | 2 | Exhibit 2 | ||||
| 2 | 3 | Proposed Order | ||||
| 2011-07-23 | 3 | 0 | Memorandum in Support | Memorandum in Support re 2 MOTION for Leave to File Serve Third Party Subpoenas Prior to Rule 26 (f) Conference filed by K-Beech, Inc.. (O'Bryan, David) (Entered: 07/23/2011) | 2014-07-24 22:20:29 | bff440dbb0b5f33ea50141bc34e7b397bd26e7c1 |
| 2011-07-26 | 4 | 0 | Order on Motion for Leave to File | ORDER granting 2 Motion for Leave to Serve Third Party Subpoenas Prior to Rule 26 conference; it is hereby ORDERED that plaintiff may immediately serve Rule 45 subpoenas, which are limited as outlined in Order. (See Order for Details). Signed by District Judge John A. Gibney, Jr on 7/25/11. (jtho, ) (Entered: 07/26/2011) | 2014-07-25 00:34:14 | e8f75720cf4c8b7ee7bc8d3844cb3cb0509d6de8 |
| 2011-09-26 | 5 | 0 | Motion to Sever | First MOTION to Sever by John Doe #7. (Titley, Ian) (Entered: 09/26/2011) | 2011-10-08 12:46:06 | 181bf61e96ce592785e82900a7a8df8caa4c9661 |
| 2011-09-27 | 6 | 0 | NOTICE | NOTICE by John Doe #7 re 5 First MOTION to Sever (Attachments: # 1 Exhibit A- D, # 2 Exhibit E- F)(Titley, Ian) (Entered: 09/27/2011) | ||
| 2011-09-27 | 7 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Doe 26 only by K-Beech, Inc. (O'Bryan, David) (Entered: 09/27/2011) | ||
| 2011-09-28 | 8 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal Without Prejudice of Doe 7 only by K-Beech, Inc. (O'Bryan, David) (Entered: 09/28/2011) | ||
| 2011-10-05 | 9 | 0 | Order | MEMORANDUM ORDER that all the defendants except Doe 1 are hereby SEVERED from this action, and no discovery shall occur until the parties have conducted a discovery conference; the subpoenas served on the ISPs listed in Exhibit A of the plaintiff's Complaint are hereby QUASHED as to all defendants, Does 1-85; the plaintiff SHALL IMMEDIATELY NOTIFY the recipients of those subpoena that said subpoenas have been quashed and that the defendants, except Doe 1, have been severed and are not litigants in this case; the Defendant is directed to file under seal, copies of all notices sent to Doe defendants; within 30 days from the entry of this Memorandum Order, the plaintiff may file individual complaints against those Doe defendants whom it wishes to proceed; Civil action No. 3:11cv469 shall be assigned to Doe 1 as an individual defendant, the actions filed within 30 days of this Memorandum Order against any other Doe defendants severed from this case will be deemed to have been filed as of July 21, 2011, the date of the filing of the original Complaint; Any filings that can be construed as motions in Civil Action 3:11cv469 are hereby DENIED AS MOOT; Plaintiff is directed, not to file any notices of dismissal relating to any parties in this action; Plaintiff and its counsel are directed to show cause with in 10 days why the conduct specifically described in this Memorandum Order does not violate Rule 11(b). Signed by District Judge John A. Gibney, Jr on 10-5-11. (kyou, ) (Entered: 10/05/2011) | 2011-10-13 18:17:46 | 27e6f0a3860cb3ad13ba7f44844dd167c03ca1b7 |
| 2011-10-10 | 10 | 0 | Motion for Reconsideration | MOTION for Reconsideration re 9 Order,,,,, by K-Beech, Inc.. (Attachments: # 1 Supplement, # 2 Affidavit of D. Wayne O'Bryan)(O'Bryan, David) (Entered: 10/10/2011) | ||
| 2011-10-10 | 11 | 0 | Motion for Miscellaneous Relief | Emergency MOTION for Clarification of and to Amend This Court's Show Cause Order re 9 Order,,,,, by K-Beech, Inc.. (O'Bryan, David) (Entered: 10/10/2011) | ||
| 2011-10-13 | 12 | 0 | NOTICE | NOTICE by K-Beech, Inc. of Filing Supplemental Authority Regarding Joinder Being Proper (O'Bryan, David) (Entered: 10/13/2011) | ||
| 2011-10-13 | 13 | 0 | Order | AMENDED MEMORANDUM ORDER that all the defendants except Doe 1 are hereby SEVERED from this action, and no discovery shall occur until the parties have conducted a discovery conference; the subpoenas served on the ISPs listed in Exhibit A of the plaintiff's Complaint are hereby QUASHED as to all defendants, Does 1-85; the plaintiff SHALL IMMEDIATELY NOTIFY the recipients of those subpoena that said subpoenas have been quashed and that the defendants, except Doe 1, have been severed and are not litigants in this case; the Plaintiff is directed to serve notices on all Doe defendants fro whom it has received identifying information, the plaintiff shall file, under seal, copies of all notices with the Court and send copies of the Court's amended October 5, 2011, Order to all Doe defendants for which it has received identifying information; within 30 days from the entry of this Memorandum Order, the plaintiff may file individual complaints against those Doe defendants whom it wishes to proceed; Civil action No. 3:11cv469 shall be assigned to Doe 1 as an individual defendant, the actions filed within 30 days of this Memorandum Order against any other Doe defendants severed from this case will be deemed to have been filed as of July 21, 2011, the date of the filing of the original Complaint; Any filings that can be construed as motions in Civil Action 3:11cv469 are hereby DENIED AS MOOT; Plaintiff is directed, not to file any notices of dismissal relating to any parties in this action; Plaintiff and its counsel are directed to show cause with in 10 days why the conduct specifically described in this Memorandum Order does not violate Rule 11(b). Signed by District Judge John A. Gibney, Jr on 10-13-11. (kyou, ) (Entered: 10/13/2011) | 2011-11-02 14:30:18 | 96464eed5d2057b8f5b5ad57e113390840db9300 |
| 2011-10-13 | 14 | 0 | Order | ORDER that the Court recognizes that it made a typographical error in paragraph 4 of the "Conclusion" section of its October 5, 2011 Order (see Order for details); All other provisions of the Court's October 5, 2011, shall remain in full effect with the additional requirement in paragraph 4. Signed by District Judge John A. Gibney, Jr on 10/13/11. (kyou, ) (Entered: 10/13/2011) | 2011-10-14 21:11:31 | 7b6dc20e093f9278f87e9a46797ed92d7e676935 |
| 2011-10-14 | 15 | 0 | Order | ORDER that a hearing will be held on Monday, October 24, 2011, at 10:00 a.m. to consider whether the plaintiff, its attorney, or both are subject to sanctions for violating FRCP 11, pursuant to the show cause entered in October 5, 2011. Signed by District Judge John A. Gibney, Jr on 10-14-11. (kyou, ) (Entered: 10/14/2011) | 2011-10-14 21:15:23 | 13fc972dc054eb0a6f1f2dfb389e778c7460543e |
| 2011-10-24 | 17 | 0 | Motion Hearing | Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Motion Hearing held on 10/24/2011 re 10 MOTION for Reconsideration re 9 Order filed by K-Beech, Inc.; Hearing on sanctions issue set for December 1, 2011 at 9:00 a.m. (Court Reporter G. Halasz, OCR.) (wtuc) (Entered: 10/24/2011) | 2011-10-24 19:12:36 | 20967d79cc25bf85a78941325835cd5e80667ed5 |
| 2011-10-24 | 18 | 0 | Order | ORDER that the plaintiff is to find new counsel to provide representation on the issue of whether the suit was filed for an improper purpose; Mr. O'Bryan may represent the plaintiff on all matters in this case; the Plaintiff, its new counsel and Mr. O'Bryan are DIRECTED to appear for a hearing on December 1, 2011 at 9:00 a.m.Signed by District Judge John A. Gibney, Jr on 10/24/11. (kyou, ) (Entered: 10/25/2011) | 2011-11-03 21:47:54 | d3ce782c0026b88d7a0de69ae5113693fc057c71 |
| 2011-10-24 | 19 | 0 | Declaration | Declaration to Refute 10 MOTION for Reconsideration (declaration)by John Doe 1-85 (kyou, ) (Entered: 10/25/2011) | 2011-11-03 21:48:26 | e7b02fd61cbe9d9a8a71057e46665e6f98532b58 |
| 2011-10-28 | 20 | 0 | Order on Motion for Reconsideration | ORDER DENYING Plaintiff's 10 Motion for Reconsideration. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 10/28/2011. (walk, ) (Entered: 10/28/2011) | 2011-11-02 14:24:27 | 55870b5ad12c8eafcc5505c770dc2100009caf0c |
| 2011-11-03 | 21 | 0 | Transcript | TRANSCRIPT of proceedings held on 10/24/2011 before Judge Hon. John A. Gibney, Jr.. Court Reporter Gil Halasz, telephone number 804 916-2248. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/5/2011. Redacted Transcript Deadline set for 1/3/2012. Release of Transcript Restriction set for 2/1/2012.(halasz, gil) (Entered: 11/03/2011) | 2012-04-12 17:54:17 | 8d349c5d02988f9e9fdb3d74d4c77488970594dd |
| 2011-11-07 | 22 | 0 | Notice of Filing of Official Transcript | Notice of Filing of Official Transcript re 21 Transcript of a hearing held on October 24, 2011 (kyou, ) (Entered: 11/07/2011) | ||
| 2011-11-08 | 23 | 0 | Notice of Appearance | NOTICE of Appearance by Wyatt B. Durrette, Jr on behalf of K-Beech, Inc. (Durrette, Wyatt) (Entered: 11/08/2011) | ||
| 2011-11-08 | 24 | 0 | Notice of Appearance | NOTICE of Appearance by Christine A. Williams on behalf of K-Beech, Inc. (Williams, Christine) (Entered: 11/08/2011) | ||
| 2011-11-08 | 25 | 0 | Notice of Appearance | NOTICE of Appearance by John Buckley Warden, IV on behalf of K-Beech, Inc. (Warden, John) (Entered: 11/08/2011) | ||
| 2011-11-09 | 26 | 0 | Order | ORDER that the Court INSTRUCTS the plaintiff that it may file a memorandum of law prior to the scheduled hearing; however, such filing must occur no later than November 19, 2011. Signed by District Judge John A. Gibney, Jr on 11/9/11. (kyou, ) (Entered: 11/09/2011) | ||
| 2011-11-09 | 27 | 0 | Motion to Continue | MOTION to Continue December 1 Hearing, MOTION for Extension of Time to File Response/Reply as to 26 Order, 18 Order, by K-Beech, Inc.. (Durrette, Wyatt) (Entered: 11/09/2011) | ||
| 2011-11-09 | 28 | 0 | Memorandum in Support | Memorandum in Support re 27 MOTION to Continue December 1 Hearing MOTION for Extension of Time to File Response/Reply as to 26 Order, 18 Order, filed by K-Beech, Inc.. (Durrette, Wyatt) (Entered: 11/09/2011) | ||
| 2011-11-10 | 29 | 0 | Order on Motion to Continue | ORDER granting 27 Motion to Continue; granting 27 Motion for Extension of Time to File a Memorandum of Law; the hearing previously scheduled for December 1, 2011, will now be held on December 20, 2011, at 9:00 a.m., the Memorandum of Law shall be due no later than December 8, 2011. Signed by District Judge John A. Gibney, Jr on 11/10/11. (kyou, ) (Entered: 11/10/2011) | 2011-12-01 14:39:24 | 7081689f604d2c433d4e36eed50489e684c25923 |
| 2011-12-08 | 30 | 0 | Memorandum | Memorandum for December 20, 2011 Show Cause Hearing to 29 Order on Motion to Continue, Order on Motion for Extension of Time to File Response/Reply,, filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Warden, John) (Entered: 12/08/2011) | 2011-12-20 17:18:19 | d12812f6b05499a865a33a0f3923b18dcaba5ebd |
| 30 | 1 | Exhibit A | ||||
| 30 | 2 | Exhibit B | ||||
| 30 | 3 | Exhibit C | ||||
| 30 | 4 | Exhibit D | ||||
| 30 | 5 | Exhibit E | ||||
| 2011-12-20 | 31 | 0 | Show Cause Hearing | Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Show Cause Hearing held on 12/20/2011; no sanctions will be imposed (Court Reporter G. Halasz, OCR.) (wtuc) (Entered: 12/20/2011) | 2011-12-20 17:15:21 | de985794eee7f7b36a3a7208083466a59b1bf198 |
| 2011-12-21 | 32 | 0 | Order | ORDER that this matter is before the Court following its show cause hearing on December 20, 2011. For the reasons stated from the bench, the Court DECLINES to issue sanctions against the plaintiff in this case. It is SO ORDERED. Signed by District Judge John A. Gibney, Jr on 12/21/11. (tdai, ) (Entered: 12/21/2011) | 2011-12-22 16:32:15 | fc395c0f2f3ccb95b9a1e69fee049cf6263261fd |
| 2011-12-28 | 33 | 0 | Order | ORDER that plaintiff file report on the status of the case within 14 days from entry of this Order; Status Report shall include whether the plaintiff has determined the identity of defendant and whether he/she has been served; Signed by District Judge John A. Gibney, Jr on 12/28/11 (lsal) (Entered: 12/28/2011) | ||
| 2011-12-28 | 34 | 0 | Motion to Withdraw as Attorney | MOTION to Withdraw as Attorney by K-Beech, Inc.. (Durrette, Wyatt) (Entered: 12/28/2011) | ||
| 2011-12-29 | 35 | 0 | Order on Motion to Withdraw as Attorney | ORDER granting 34 Motion to Withdraw as Attorney. Attorney Christine A. Williams; Wyatt B. Durrette, Jr and John Buckley Warden, IV terminated. Signed by District Judge John A. Gibney, Jr on 12/29/11. (tdai, ) (Entered: 12/29/2011) | ||
| 2011-12-29 | 36 | 0 | Amended Complaint | AMENDED COMPLAINT against John Doe 1, filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(O'Bryan, David) (Entered: 12/29/2011) | ||
| 2011-12-30 | 37 | 0 | Summons Issued | Summons Issued as to Darren Clay, John Doe 1 with copy of 1 Complaint and 36 Amended Complaint attached; hand-delivered to Counsel for Plaintiff. (walk, ) (Entered: 12/30/2011) | ||
| 2012-01-06 | 38 | 0 | Summons Returned Executed | SUMMONS Returned Executed Darren Clay served on 12/30/2011, answer due 1/20/2012 (kyou, ) (Entered: 01/06/2012) | ||
| 2012-01-10 | 39 | 0 | Response | Response to 33 Order, filed by K-Beech, Inc.. (O'Bryan, David) (Entered: 01/10/2012) | ||
| 2012-02-21 | 40 | 0 | Notice of Voluntary Dismissal | NOTICE of Voluntary Dismissal of Defendant Darren Clay With Prejudice by K-Beech, Inc. (O'Bryan, David) (Entered: 02/21/2012) | ||
| 2012-02-21 | 41 | 0 | Order Dismissing Case | ORDER DISMISSING CASE with Prejudice. Signed by District Judge John A. Gibney, Jr on 2/21/12. (kyou, ) (Entered: 02/21/2012) |