Case details

Court: flmd
Docket #: 3:13-cv-01579
Case Name: Malibu Media, LLC v. John Doe
PACER case #: 292600
Date filed: 2013-12-20
Date terminated: 2016-08-23
Date of last filing: 2016-05-10
Assigned to: Magistrate Judge Patricia D. Barksdale
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Malibu Media, LLC
Counter Defendant
Jason Harris Cooper
(See above for address)
TERMINATED: 02/12/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Keith Lipscomb
(See above for address)
TERMINATED: 06/06/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe
Defendant
subscriber assigned IP address 50.139.254.161
Joshua A. Cossey
North Florida Lawyers, PLLC 6440 Southport Parkway, Suite 300 Jacksonville, FL 32215 800-742-1190 Email: jcossey@northflalawyers.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Vandenheuvel
Defendant
Charles T Douglas , Jr.
Douglas Hedstrom Cossey, PA 3168 US Hwy 17 S Orange Park, FL 32003 386-328-6000 Fax: 386-385-5916 Email: charlie@douglashedstromlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A. Cossey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Vandenheuvel
Counter Claimant
Charles T Douglas , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A. Cossey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Malibu Media, LLC
Counter Defendant
Jason Harris Cooper
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

M. Keith Lipscomb
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Vandenheuvel
Counter Claimant
Charles T Douglas , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A. Cossey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Vandenheuvel
Counter Claimant
Charles T Douglas , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A. Cossey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Vandenheuvel
Counter Claimant
Charles T Douglas , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A. Cossey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Vandenheuvel
Counter Claimant
Charles T Douglas , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A. Cossey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-12-20 1 0 Complaint COMPLAINT against John Doe with Jury Demand (Filing fee $ 400 receipt number JAX 10995) filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(RH) Modified on 12/24/2013 to edit text (RH). (Entered: 12/24/2013)
2014-01-03 2 0 Related case order and track 2 notice NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 1/3/2014. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(EAM) (Entered: 01/03/2014)
2014-01-06 3 0 Motion for Miscellaneous Relief MOTION for miscellaneous relief, specifically for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference by Malibu Media, LLC. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Motion for, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order) (Lipscomb, M.) (Modified on 1/8/2014 to edit text) (DSY). (Entered: 01/06/2014)
2014-01-06 4 0 Corporate Disclosure Statement CORPORATE Disclosure Statement by Malibu Media, LLC. (Lipscomb, M.) (Entered: 01/06/2014)
2013-12-20 5 0 Copyright Report Copyright Report sent to Washington. (RH) (Entered: 01/15/2014)
2014-02-27 6 0 Motion for Hearing MOTION for Hearing re 3 MOTION for miscellaneous relief, specifically FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE by Malibu Media, LLC. (Lipscomb, M.) (Entered: 02/27/2014) 2015-04-30 17:12:24 b031957c26dfcc2bafc22f5262ec8f93e873f4da
2014-03-07 7 0 Order on Motion for Hearing ORDER granting 6 motion for expedited hearing. The Court sets a hearing for March 19, 2014, at 2:00 p.m. in Courtroom 5B to consider arguments on the plaintiff's motion for leave to serve third-party subpeonas before Fed. R. Civ. P. 26(f) conferences, Doc 3 . Signed by Magistrate Judge Patricia D. Barksdale on 3/7/2014. (ASL) (Entered: 03/07/2014)
2014-03-11 8 0 Motion to Appear Telephonically MOTION to Appear Telephonically at the Hearing Scheduled for March 19, 2014 by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 03/11/2014)
2014-03-17 9 0 Order on Motion to Appear Telephonically ENDORSED ORDER granting the plaintiff's motion to appear by telephone, Doc. 8 . Counsel must call the main chamber's line, (904) 549-1950, five minutes before the hearing. Signed by Magistrate Judge Patricia D. Barksdale on 3/17/2014. (ASL) (Entered: 03/17/2014)
2014-03-19 10 0 Motion Hearing MINUTE entry. Proceedings held before Magistrate Judge Patricia D. Barksdale: motion hearing regarding the plaintiff's motion for leave to serve a third party subpeona prior to a Rule 26(f) conference, Doc. 3 , held on 3/19/2014. (DIGITAL) (Entered: 03/19/2014) 2014-07-02 17:11:03 b11759144121f5b9e23ab0ee742de10157827a07
2014-03-21 11 0 Notice (Other) NOTICE of Filing Exculpatory Evidence Form by Malibu Media, LLC re 10 Motion Hearing < (Attachments: # 1 Exculpatory Evidence Form)(Lipscomb, M.) (Entered: 03/21/2014)
11 1 Exculpatory Evidence Form 2014-07-14 16:35:03 35d777a20c88573f4aa210a63ca95a228621604a
2014-04-10 12 0 Order on Motion for Miscellaneous Relief ORDER granting 3 plaintiff's ex parte motion for early discovery and permitting plaintiff to serve on Comcast Cable a Fed. R. Civ. P. 45 subpoena subject to the conditions described in the order. Signed by Magistrate Judge Patricia D. Barksdale on 4/10/2014. (mr) (Entered: 04/10/2014) 2014-06-02 15:18:25 31e8a2d0538150cf44c173ad48c87d05c9ed4f5e
2014-04-21 13 0 Motion to extend time First MOTION to extend time to Effectuate Service of a Summons and Complaint on Defendant by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 04/21/2014) 2015-04-30 16:31:58 a97d24991dd54a009f6c03bc6519cc718f2150b8
13 1 Text of Proposed Order
2014-04-23 14 0 Order on motion to extend time ORDER granting 13 plaintiff's motion for an extension of time to serve the defendant and extending the time for service to June 26, 2014. Signed by Magistrate Judge Patricia D. Barksdale on 4/23/2014. (mr) (Entered: 04/23/2014) 2015-04-30 16:28:42 9df6ebfd5b89bd7e22887be68ffdf6b5de622737
2014-05-16 15 0 Motion to dismiss MOTION to Dismiss case and MOTION for protective order by John Doe. (SJW) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 05/19/2014) 2015-04-30 16:29:13 9325b85c3b3fc73a5fc9b092b54f13fa2ed28b2b
2014-06-02 16 0 Response in Opposition to Motion RESPONSE in Opposition re 15 MOTION to Dismiss case MOTION for protective order filed by Malibu Media, LLC. (Lipscomb, M.) (Entered: 06/02/2014)
2014-06-26 17 0 Motion to extend time Second MOTION to extend time to Effectuate Service of a Summons and Complaint on Defendant by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 06/26/2014)
17 1 Text of Proposed Order
2014-07-22 18 0 Order on motion to extend time ORDER granting 17 plaintiff's second ex parte motion for extension of time to serve the defendant and extending the time for service to 30 days after the Court decides the motion to dismiss. Signed by Magistrate Judge Patricia D. Barksdale on 7/22/2014. (mr) (Entered: 07/22/2014)
2014-08-28 19 0 Order on motion to dismiss ORDER denying without prejudice 15 John Doe's premature motion to dismiss; denying 15 Doe's motion to quash the subpoena; denying without prejudice 15 Doe's motion for issuance of a protective order; and directing Malibu Media to serve Comcast Cable with the subpoeana and a copy of this order by September 5, 2014, so that Malibu Media may then serve Doe with the Court's orders. Signed by Magistrate Judge Patricia D. Barksdale on 8/28/2014. (mr) (Entered: 08/28/2014)
2014-09-29 20 0 Motion to extend time THIRD MOTION for Extension of Time within which it has to Serve Defendant with a Summons and Complaint by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order) (Lipscomb, M.) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 10/1/2014 to edit text) (DSY). (Entered: 09/29/2014)
2014-10-01 21 0 Order on motion to extend time ORDER granting 20 the plaintiff's third motion for an extension of time to serve the defendant and extending the time for service to October 28, 2014. Signed by Magistrate Judge Patricia D. Barksdale on 10/1/2014. (mr) (Entered: 10/01/2014)
2014-10-16 22 0 Motion for Miscellaneous Relief MOTION for miscellaneous relief, specifically for Leave to Identify Defendant by Name by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 10/16/2014)
2014-10-30 23 0 Motion to extend time FOURTH MOTION for Extension of Time to Serve Defendant with a Summons and Complaint by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order to Extend the Time to Serve) (Lipscomb, M.) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 10/30/2014 to edit text) (DSY). (Entered: 10/30/2014)
2014-11-18 24 0 Order on Motion for Miscellaneous Relief ORDER granting 22 the plaintiff's motion for leave to identify the defendant by name; granting 23 the plaintiff's fourth motion for an extension of the service-of-process deadline; and extending the time for service to December 18, 2014. Signed by Magistrate Judge Patricia D. Barksdale on 11/18/2014. (mr) (Entered: 11/18/2014)
2014-11-18 25 0 Amended Complaint AMENDED COMPLAINT against Curt Vandenheuvel with Jury Demand. filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Summons)(Lipscomb, M.) (Entered: 11/18/2014)
2014-11-26 26 0 Summons issued SUMMONS issued as to Curt Vandenheuvel. (VCG) (Entered: 11/26/2014)
2014-12-05 27 0 Waiver of service executed WAIVER of service returned executed on November 24, 2014 by Malibu Media, LLC as to Curt Vandenheuvel. (Lipscomb, M.) (Entered: 12/05/2014)
2015-01-20 28 0 Answer to amended complaint ANSWER and affirmative defenses with Jury Demand to 25 Amended Complaint, COUNTERCLAIM against Malibu Media, LLC by Curt Vandenheuvel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(CKS) (Entered: 01/21/2015) 2015-06-01 20:25:36 abb0a7b399c7f2cc3415ea90c881d16da78e29fd
28 1 Exhibit 1
28 2 Exhibit 2
2015-02-13 29 0 Motion to dismiss MOTION to Dismiss Defendant's Counterclaims or Strike Defendant's Counterclaims by Malibu Media, LLC. (Lipscomb, M.) (Entered: 02/13/2015)
2015-02-26 30 0 Motion for Leave to file document DEFENDANT'S MOTION for leave to file Amended Answer by Curt Vandenheuvel. (Attachments: # 1 Exhibit 1 Proposed Amended Answer, # 2 Exhibit 2 Stricken Answer)[STRICKEN per Order Doc. 31](CKS) Modified on 3/2/2015 (CKS). (Entered: 02/26/2015)
2015-02-27 31 0 Order pdf ORDER striking 30 the defendant's motion for leave to file an amended answer for failure to comply with Local Rule 3.01(g); directing the defendant to comply with Local Rule 3.01(g); and directing the plaintiff to serve him with its future filings by regular or electronic mail. Signed by Magistrate Judge Patricia D. Barksdale on 2/27/2015. (mr) (Entered: 02/27/2015)
2015-02-27 32 0 Order pdf ORDER providing notice of the Court's rules to defendant. Signed by Magistrate Judge Patricia D. Barksdale on 2/27/2015. (mr) (Entered: 02/27/2015)
2015-03-17 33 0 Case Management Report CASE MANAGEMENT REPORT. (Lipscomb, M.) (Entered: 03/17/2015)
2015-03-19 34 0 Order ORDER requesting that parties complete and file, no later than 4/10/15, the consent to jurisdiction of the Magistrate Judge. Signed by Judge Timothy J. Corrigan on 3/19/2015. (Attachments: # 1 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) (Entered: 03/19/2015)
2015-04-09 35 0 Notice (Other) NOTICE by Malibu Media, LLC re 34 Order of Consent and Reference of a Civil Action to a Magistrate Judge, (Lipscomb, M.) (Entered: 04/09/2015)
2015-04-17 36 0 Order on consent to jurisdiction by US Magistrate Judge ORDER approving consent to jurisdiction by US Magistrate Judge. Signed by Judge Timothy J. Corrigan on 4/17/2015. (MD) (Entered: 04/17/2015)
2015-04-20 37 0 Case Assigned/Reassigned Case Reassigned to Magistrate Judge Patricia D. Barksdale. New case number: 3:13-cv-1579-J-PDB. Judge Timothy J. Corrigan no longer assigned to the case. (CKS) (Entered: 04/20/2015)
2015-04-20 38 0 Case management and scheduling order CASE MANAGEMENT AND SCHEDULING ORDER: Mandatory initial disclosures and certificate of interested persons and corporate disclosure statement due by 5/1/2015; any motion to add parties or amend pleadings due by 10/19/2015; plaintiff's experts and expert report due by 9/8/2015; defendant's experts and expert report due by 10/7/2015; discovery and any motion to compel discovery due by 11/9/2015; participate in settlement conference by 11/27/2015; dispositive and Daubert motions due by 3/18/2016; participate in pretrial meeting by 3/30/2016; file joint final pretrial statement by 4/11/2016; final pretrial conference set for 9/19/2016 at 10:00 AM; jury trial set for 10/5/2016 at 9:00 AM. Signed by Magistrate Judge Patricia D. Barksdale on 4/20/2015. (mr) (Additional attachment(s) added on 4/20/2015: # 1 CORRECTED Main Document - CASE MANAGEMENT AND SCHEDULING ORDER) (NAS). (Entered: 04/20/2015)
2015-05-26 39 0 Order pdf ORDER directing parties to file certificates of interested persons immediately, or, by June 12, 2015, to show cause why that party should not be sanctioned for failure to comply with the Court's directive; directing the parties to conduct the 3.01(g) conference immediately if they have not yet done so; and directing the defendant, by June 12, 2015, to file either an amended motion for leave to file an answer or a response to the plaintiff's motion to dismiss or strike his counterclaims. Signed by Magistrate Judge Patricia D. Barksdale on 5/26/2015. (Attachments: # 1 Case management report)(mr) (Entered: 05/26/2015)
2015-05-26 40 0 Certificate of interested persons and corporate disclosure statement CERTIFICATE of interested persons and corporate disclosure statement re 39 Order pdf by Malibu Media, LLC. (Lipscomb, M.) (Entered: 05/26/2015)
2015-05-29 41 0 Certificate of interested persons and corporate disclosure statement CERTIFICATE of interested persons and corporate disclosure statement by Curt Vandenheuvel. (CKS) (Entered: 06/01/2015)
2015-05-29 42 0 Response to motion DEFENDANT'S Reply to Plaintiff's Motion re 29 MOTION to Dismiss Defendant's Counterclaims or Strike Defendant's Counterclaims filed by Curt Vandenheuvel. (CKS) (Entered: 06/01/2015)
2015-05-29 43 0 Motion to Strike DEFENDANT'S MOTION to Strike by Curt Vandenheuvel. (CKS) (Entered: 06/01/2015) 2015-06-01 20:14:51 f5617096ac3fcbab260b6e63acf750ca2e382f88
2015-06-02 44 0 Order pdf ORDER directing the plaintiff to file a second amended complaint by June 19, 2015, or file a response to the defendant's motion to strike by that date; and directing the defendant to respond to any second amended complaint by July 6, 2015. Signed by Magistrate Judge Patricia D. Barksdale on 6/2/2015. (mr) (Entered: 06/02/2015)
2015-06-12 45 0 Amended Complaint SECOND AMENDED COMPLAINT against Curt Vandenheuvel with Jury Demand. filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lipscomb, M.) Modified on 6/15/2015 to edit text (RH). (Entered: 06/12/2015)
2015-06-15 46 0 Order pdf ENDORSED ORDER directing the clerk to terminate 29 the plaintiff's motion to dismiss or strike defendant's counterclaims and 43 the defendant's motion to strike paragraphs of the plaintiff's amended complaint as moot in light of 45 the plaintiff's second amended complaint. The defendant must respond to the second amended complaint by July 6, 2015. Signed by Magistrate Judge Patricia D. Barksdale on 6/15/2015. (mr) (Entered: 06/15/2015)
2015-06-30 47 0 Motion for protective order MOTION for protective order Regarding Defendant's Hard Drives by Curt Vandenheuvel. (NAS) (Entered: 06/30/2015)
2015-06-30 48 0 Answer to amended complaint ANSWER and affirmative defenses with Jury Demand to 45 Amended Complaint by Curt Vandenheuvel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(NAS) (Entered: 06/30/2015)
2015-07-14 49 0 Response in Opposition to Motion RESPONSE in Opposition re 47 MOTION for protective order Regarding Defendant's Hard Drives filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A- Protective Order for Production of Defendant's Computer Hard Drives)(Lipscomb, M.) (Entered: 07/14/2015) 2015-08-30 21:33:00 b88f1518ee5d6b67f38c1df6cf31a2261213d961
49 1 Exhibit A- Protective Order for Production of Defendant's Computer Hard Dri
2015-08-25 50 0 Stipulation STIPULATION by Malibu Media, LLC. (Lipscomb, M.) Modified on 8/26/2015 contacted counsel in regards to using the correct case number(TSW). (Entered: 08/25/2015)
2015-09-02 51 0 MOTION for miscellaneous relief, specifically to Conduct Depositions via Video by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order on Plaintiff's Motion for Leave to Conduct Depositions via Video)(Cooper, Jason) (Entered: 09/02/2015)
2015-09-03 52 0 MOTION for miscellaneous relief, specifically for Entry of an Order Authorizing Plaintiff to Serve a Third Party Subpoena on Comcast and Authorizing Comcast to Release Certain Subscriber Information About Defendant by Malibu Media, LLC. (Attachments: # 1 Exhibit A- Subpoena with Schedules A and B, # 2 Text of Proposed Order on Plaintiff's Motion for Entry of an Order Authorizing Plaintiff to Serve a Third Party Subpoena on Comcast and Authorizing Comcast to Release Certain Subscriber Information About Defendant)(Cooper, Jason) (Entered: 09/03/2015)
2015-09-17 53 0 MOTION to extend time to Which to Serve Expert Witness Reports and Incorporated Memorandum of Law by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 09/17/2015)
2015-09-23 54 0 NOTICE of Appearance by Charles T Douglas, Jr on behalf of Curt Vandenheuvel (Douglas, Charles) (Entered: 09/23/2015)
2015-10-06 55 0 RESPONSE in Opposition re 51 MOTION for miscellaneous relief, specifically to Conduct Depositions via Video filed by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 10/06/2015)
2015-10-20 56 0 MOTION to Amend/Correct Answers, Affirmative Defenses, Counterclaim by All Defendants. (Cossey, Joshua) (Entered: 10/20/2015)
2015-10-27 57 0 ORDER denying 47 the defendant's motion for the entry of a proposed protective order. Signed by Magistrate Judge Patricia D. Barksdale on 10/27/2015. (LG) (Entered: 10/27/2015)
2015-10-27 58 0 PROTECTIVE ORDER Signed by Magistrate Judge Patricia D. Barksdale on 10/27/2015. (LG) (Entered: 10/27/2015)
2015-10-28 59 0 ORDER granting 51 the plaintiff's motion for leave to conduct depositions by video. Signed by Magistrate Judge Patricia D. Barksdale on 10/28/2015. (LG) (Entered: 10/28/2015)
2015-10-28 60 0 ORDER granting 53 the plaintiff's motion to extend the expert-disclosure deadline. The plaintiff must disclose experts and expert reports by November 30, 2015. The defendant must disclose experts and expert reports by December 31, 2015. Signed by Magistrate Judge Patricia D. Barksdale on 10/28/2015. (LG) (Entered: 10/28/2015)
2015-10-28 61 0 ORDER granting 52 the plaintiff's motion for entry of an order authorizing discovery from an internet service provider. Signed by Magistrate Judge Patricia D. Barksdale on 10/28/2015. (LG) (Entered: 10/28/2015)
2015-10-30 62 0 JOINT MOTION To Amend Scheduling Order by Curt Vandenheuvel. (Cossey, Joshua) Modified on 11/2/2015 contacted counsel regarding correct case number(TSW). Modified on 11/2/2015 to edit text (RH). (Entered: 10/30/2015)
2015-11-02 63 0 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER granting 62 joint motion to amend the scheduling order: Any motion to add parties or amend pleadings due by 11/16/2015; plaintiff's experts and expert report due by 11/30/2015; defendant's experts and expert report due by 12/15/2015; discovery and any motion to compel discovery due by 2/16/2016; participate in settlement conference before the Honorable Joel B. Toomey by 2/16/2016; dispositive and Daubert motions due by 3/18/2016; participate in pretrial meeting by 3/30/2016; file joint final pretrial statement by 4/11/2016; final pretrial conference set for 9/19/2016 at 10:00 AM; jury trial set for 10/5/2016 at 9:00 AM Signed by Magistrate Judge Patricia D. Barksdale on 11/2/2015. (ASL) . (Entered: 11/02/2015)
2015-11-03 64 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 56 MOTION to Amend/Correct Answers, Affirmative Defenses, Counterclaim by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Cooper, Jason) (Entered: 11/03/2015)
2015-11-04 65 0 ENDORSED ORDER granting 64 the plaintiff's unopposed motion to extend time to respond to 56 the defendant's motion for leave to amend his answer, affirmative defenses, and counterclaims. The plaintiff must respond by November 10, 2015. Signed by Magistrate Judge Patricia D. Barksdale on 11/4/2015. (LG) (Entered: 11/04/2015)
2015-11-10 66 0 NOTICE by Malibu Media, LLC re 56 MOTION to Amend/Correct Answers, Affirmative Defenses, Counterclaim (Cooper, Jason) (Entered: 11/10/2015)
2015-11-12 67 0 ENDORSED ORDER denying as moot 56 the defendant's motion to amend/correct in light of 66 the defendant's stated intention to amend the motion. Signed by Magistrate Judge Patricia D. Barksdale on 11/12/2015. (Barksdale, Patricia) (Entered: 11/12/2015)
2015-11-16 68 0 Amended MOTION to Amend/Correct Answer and Affirmative Defenses by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 11/16/2015)
2015-11-30 69 0 Joint MOTION to extend time to Serve Expert Witness Reports by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Cooper, Jason) (Entered: 11/30/2015)
2015-12-02 70 0 ENDORSED ORDER granting 69 the joint motion to extend the expert disclosure deadlines. The plaintiff must disclose its experts and expert reports by December 14, 2015. The defendant must disclose his experts and expert reports by January 14, 2016. All other deadlines and dates in 63 the amended case management and scheduling order remain unchanged. Signed by Magistrate Judge Patricia D. Barksdale on 12/2/2015. (LG) (Entered: 12/02/2015)
2015-12-04 71 0 ORDER granting 68 the defendant's motion to amend his answer and affirmative defenses. By December 11, 2015, he must file the amended answer and affirmative defenses attached to the motion as a separate docket entry. Signed by Magistrate Judge Patricia D. Barksdale on 12/4/2015. (LG) (Entered: 12/04/2015)
2015-12-14 72 0 Third MOTION to extend time to Serve its Expert Witness Reports by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Cooper, Jason) (Entered: 12/14/2015)
2015-12-16 73 0 NOTICE by Malibu Media, LLC re 72 Third MOTION to extend time to Serve its Expert Witness Reports (Cooper, Jason) (Entered: 12/16/2015)
2015-12-18 74 0 MOTION for protective order by Malibu Media, LLC. (Attachments: # 1 Exhibit Protective Order)(Cooper, Jason) Modified on 12/21/2015 contacted counsel regarding correct case number(TSW). (Entered: 12/18/2015)
2016-01-04 75 0 ORDER granting 72 the plaintiff's third motion to extend its expert-disclosure deadline. The plaintiff must serve its expert report by January 13, 2016. The defendant must disclose his experts and serve his expert reports by February 12, 2016. All other deadlines and dates in 63 the amended case management and scheduling order are unchanged. Signed by Magistrate Judge Patricia D. Barksdale on 1/4/2016. (LG) (Entered: 01/04/2016)
2016-01-04 76 0 ORDER directing the defendant to show cause by January 12, 2016, why he should not be sanctioned for failure to comply with 71 the Court's order directing him to file his amended answer and affirmative defenses as a separate docket entry. Signed by Magistrate Judge Patricia D. Barksdale on 1/4/2016. (LG) (DISCHARGED PER ORDER DOC 79 )Modified on 1/14/2016 (RH). (Entered: 01/04/2016)
2016-01-04 77 0 Amended ANSWER and affirmative defenses with Jury Demand to 45 Amended Complaint by Curt Vandenheuvel.(Cossey, Joshua) (Entered: 01/04/2016)
2016-01-12 78 0 RESPONSE TO ORDER TO SHOW CAUSE filed by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 01/12/2016)
2016-01-14 79 0 ENDORSED ORDER: Based on 78 the defendant's response, the Court discharges 76 the order directing him to show cause why he should not be sanctioned for failure to comply. Signed by Magistrate Judge Patricia D. Barksdale on January 14, 2016. (ASL) (Entered: 01/14/2016)
2016-01-14 80 0 ORDER Setting Hearing: Settlement Conference set for 2/16/2016 at 09:00 AM in Jacksonville Courtroom 5 A before Magistrate Judge Joel B. Toomey. See Order for Details. Signed by Magistrate Judge Joel B. Toomey on 1/14/2016. (TSP) (Entered: 01/14/2016)
2016-01-15 81 0 NOTICE by Malibu Media, LLC of Filing Amended Certificate of Good Faith Conferral (Cooper, Jason) (Entered: 01/15/2016)
2016-01-18 82 0 Third Party MOTION for protective order for AMBER VANDENHEUVEL, MOTION to quash Subpoena for Deposition by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 01/18/2016) 2017-01-20 15:50:06 73f39b7a8f2e89131ea5d9cac50fc362a1dbf9bd
2016-01-19 83 0 ORDER setting a hearing for January 19, 2016, at 4:45 p.m., before Magistrate Judge Patricia D. Barksdale on 82 the motion for a protective order and motion to quash subpoena. Signed by Magistrate Judge Patricia D. Barksdale on 1/19/2016. (LG) (Entered: 01/19/2016)
2016-01-20 84 0 ENDORSED ORDER granting 74 the plaintiff's unopposed motion for a protective order. The parties are reminded that, per Doc. 2-1 at 5, "Whether documents filed in a case may be filed under seal is a separate issue from whether the parties may agree that produced documents are confidential. The Court is a public forum, and disfavors motions to file under seal. The Court will permit the parties to file documents under seal only upon motion and order entered under Local Rule 1.09." Further, per Doc. 2-1 at 5, "no party shall file a document under seal without first having obtained an order granting leave to file under seal on a showing of particularized need." Signed by Magistrate Judge Patricia D. Barksdale on January 20, 2016. (ASL) (Entered: 01/20/2016)
2016-01-20 85 0 PROTECTIVE ORDER signed by Magistrate Judge Patricia D. Barksdale on 1/20/2016. (ASL) (Entered: 01/20/2016)
2016-01-19 86 0 MINUTE entry for proceedings held before Magistrate Judge Patricia D. Barksdale: hearing on 82 the defendant's motion for a protective order and to quash subpoena held on January 19, 2016. The Court granted the motion to quash subpoena, took the motion for protective order under advisement, and directed Mr. Cossey to file a response by January 26, 2016. (DIGITAL) (ASL) (Entered: 01/25/2016)
2016-01-26 87 0 MEMORANDUM in opposition re 82 Motion for protective orderMotion to Quash filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cooper, Jason) (Entered: 01/26/2016)
2016-02-01 88 0 NOTICE of Appearance by Daniel Shatz on behalf of Malibu Media, LLC (Shatz, Daniel) (Entered: 02/01/2016)
2016-02-02 89 0 MOTION for Jason H. Cooper to withdraw as attorney for Plaintiff by Malibu Media, LLC. (Cooper, Jason) (Entered: 02/02/2016)
2016-02-03 90 0 Unopposed MOTION for leave to file Surreply by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 02/03/2016)
2016-02-03 91 0 NOTICE by Malibu Media, LLC re 90 Unopposed MOTION for leave to file Surreply Of Opposition (Attachments: # 1 Exhibit Email Correspondence)(Shatz, Daniel) Modified on 2/4/2016 contacted counsel regarding correct case number on pleading(TSW). (Entered: 02/03/2016)
2016-02-09 92 0 ORDER granting 90 the defendant's motion for leave to file a reply. He may file a reply that does not exceed 12 pages by February 23, 2016. Signed by Magistrate Judge Patricia D. Barksdale on 2/9/2016. (LG) (Entered: 02/09/2016)
2016-02-09 93 0 MOTION to Continue Settlement Conference by Malibu Media, LLC. (Attachments: # 1 Exhibit Email Exhibit, # 2 Exhibit Email Exhibit, # 3 Exhibit Email Exhibit, # 4 Exhibit Email Exhibit, # 5 Exhibit Email Exhibit, # 6 Exhibit Email Exhibit)(Shatz, Daniel) (Entered: 02/09/2016)
2016-02-10 94 0 MOTION for leave to file Third Amended Complaint by Malibu Media, LLC. (Attachments: # 1 Exhibit Proposed Third Amended Complaint)(Shatz, Daniel) (Entered: 02/10/2016)
2016-02-10 95 0 ORDER scheduling a hearing on 93 the plaintiff's motion to continue the settlement conference for 2/11/2016 at 11:00 a.m. in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale. The parties may appear by telephone by calling (888) 684-8852 at least five minutes before the hearing. The access code is 1103539; the security code is 0011. Signed by Magistrate Judge Patricia D. Barksdale on 2/10/2016. (ASL) (Entered: 02/10/2016)
2016-02-12 96 0 ENDORSED ORDER granting 93 the plaintiff's motion to postpone the settlement conference. The settlement conference scheduled for February 16, 2016, is cancelled. Signed by Magistrate Judge Patricia D. Barksdale on 2/12/2016. (LG) (Entered: 02/12/2016)
2016-02-12 97 0 ORDER granting 89 Jason H. Cooper's request to withdraw as counsel for the plaintiff and directing the Clerk to indicate on the docket sheet that he no longer represents the plaintiff. Signed by Magistrate Judge Patricia D. Barksdale on 2/12/2016. (LG) (Entered: 02/12/2016)
2016-02-11 98 0 MINUTE entry for proceedings held before Magistrate Judge Patricia D. Barksdale: Hearing on 93 the plaintiff's motion to continue the settlement conference held on 2/11/2016. Judge Barksdale granted the motion and cancelled the settlement conference. (DIGITAL) (ASL) (Entered: 02/12/2016)
2016-02-12 99 0 Unopposed MOTION for Extension of Time to File Expert Witness Report by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 02/12/2016)
2016-02-17 100 0 NOTICE of supplemental authority re 94 MOTION for leave to file Third Amended Complaint , 87 Memorandum in opposition by Malibu Media, LLC. (Attachments: # 1 Exhibit Supplemental Paige Declaration)(Shatz, Daniel) (Entered: 02/17/2016)
2016-02-18 101 0 NOTICE by Curt Vandenheuvel Notice of Submitting Rebuttal Expert Reports and Disclosures to Plaintff (Cossey, Joshua) (Entered: 02/18/2016)
2016-02-23 102 0 ENDORSED ORDER granting in part 99 the defendant's unopposed motion to extend the deadline for disclosing his expert and expert report. The Court considers his February 18, 2016, disclosure 101 to be timely. The plaintiff must disclose any rebuttal expert and expert report by March 21, 2016. The parties must file any dispositive and Daubert motions by April 1, 2016. All other deadlines in 63 the amended case management and scheduling order remain unchanged. Signed by Magistrate Judge Patricia D. Barksdale on 2/23/2016. (LG) (Entered: 02/23/2016)
2016-02-24 103 0 RESPONSE re 87 Memorandum in opposition to Protective Order by Curt Vandenheuvel. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cossey, Joshua) (Entered: 02/24/2016)
2016-02-25 104 0 RESPONSE in Opposition re 94 MOTION for leave to file Third Amended Complaint filed by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 02/25/2016)
2016-02-29 105 0 ORDER setting a hearing for March 3, 2016, at 2:00 p.m., in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale to address 82 the motion for a protective order and 94 the motion for leave to file a third amended complaint. Signed by Magistrate Judge Patricia D. Barksdale on 2/29/2016. (LG) (Entered: 02/29/2016)
2016-03-01 106 0 ORDER rescheduling 105 the hearing set for March 3, 2016, for March 4, 2016, at 2:00 p.m., in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale. Signed by Magistrate Judge Patricia D. Barksdale on 3/1/2016. (LG) (Entered: 03/01/2016)
2016-03-02 107 0 CORRECTED RESPONSE re 87 Memorandum in opposition to Protective Order filed by Curt Vandenheuvel. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cossey, Joshua) Modified on 3/4/2016 to edit text (RH). (Entered: 03/02/2016)
2016-03-04 108 0 MINUTE entry for proceedings held on 3/4/2016 before Magistrate Judge Patricia D. Barksdale. The parties were present on the telephone to discuss 82 the defendant's motion for a protective order and 94 the plaintiff's motion for leave to file a third amended complaint. Judge Barksdale took the motions under advisement. (DIGITAL) (ASL) (Entered: 03/07/2016)
2016-03-09 109 0 ORDER granting in part 82 the defendant's motion for a protective order. By March 16, 2016, his daughter's counsel must provide the plaintiff's counsel with three possible dates and times between now and March 31, 2016, for the deposition that are convenient for her. See order for details. Signed by Magistrate Judge Patricia D. Barksdale on 3/9/2016. (LG) (Entered: 03/09/2016)
2016-03-15 110 0 ORDER denying 94 the plaintiff's motion for leave to amend the second amended complaint and directing the parties to jointly contact the chambers of the Honorable Joel Toomey by March 25, 2016, to schedule the settlement conference. Signed by Magistrate Judge Patricia D. Barksdale on 3/15/2016. (LG) (Entered: 03/15/2016)
2016-03-16 111 0 MOTION for Reconsideration re 109 Order on Motion for Protective OrderOrder on Motion to Quash and Notice of Compliance with Protective Order by Curt Vandenheuvel. (Attachments: # 1 Exhibit Photo of Amber, # 2 Exhibit Article regarding T1D Death)(Cossey, Joshua) (Entered: 03/16/2016)
2016-03-17 112 0 ENDORSED ORDER directing the parties to expeditiously meet and confer by telephone (not email) on whether they can agree to depose the defendant's daughter by telephone or video, see Docs. 51 , 55 , and, absent agreement, directing the defendant to file, by March 21, 2016, a supplement indicating whether the defendant's daughter is currently attending classes and taking exams, and the plaintiff to file, by March 23, 2016, a response to 111 the defendant's motion for reconsideration. Signed by Magistrate Judge Patricia D. Barksdale on 3/17/2016. (LG) (Entered: 03/17/2016)
2016-03-21 113 0 SUPPLEMENT re 112 Order no pdf Amber's Schedule by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 03/21/2016)
2016-03-23 114 0 RESPONSE in Opposition re 111 MOTION for Reconsideration re 109 Order on Motion for Protective OrderOrder on Motion to Quash and Notice of Compliance with Protective Order filed by Malibu Media, LLC. (Shatz, Daniel) (Entered: 03/23/2016)
2016-03-24 115 0 SUPPLEMENT to 114 in Opposition re 111 MOTION for Reconsideration re 109 Order on Motion for Protective OrderOrder on Motion to Quash and Notice of Compliance with Protective Order filed by Malibu Media, LLC. (Shatz, Daniel) Modified on 3/24/2016 to edit text(TSW). (Entered: 03/24/2016)
2016-03-25 116 0 ORDER denying 111 the defendant's motion for partial reconsideration of 109 the Court's March 9, 2016, order partially granting his motion for a protective order. Signed by Magistrate Judge Patricia D. Barksdale on 3/25/2016. (LG) (Entered: 03/25/2016)
2016-03-25 117 0 ORDER Setting Hearing: Settlement Conference set for 4/19/2016 at 09:00 AM in Jacksonville Courtroom 5 A before Magistrate Judge Joel B. Toomey. See Order for Details. Signed by Magistrate Judge Joel B. Toomey on 3/25/2016. (TSP) (Entered: 03/25/2016)
2016-03-30 118 0 Joint MOTION to extend time to Participate in Pretrial Meeting and File Dispositive and Daubert Motions by Malibu Media, LLC. (Shatz, Daniel) (Entered: 03/30/2016)
2016-04-01 119 0 ENDORSED ORDER granting 118 the joint motion to extend certain deadlines in 63 the amended case management and scheduling order. The parties must file any dispositive and Daubert motion by June 10, 2016. The parties must participate in the meeting under Local Rule 3.06(b) by June 10, 2016. All other deadlines and dates in 63 the amended case management and scheduling order are unchanged. Signed by Magistrate Judge Patricia D. Barksdale on 4/1/2016. (LG) (Entered: 04/01/2016)
2016-04-12 120 0 MOTION to extend time to submit memorandum by Curt Vandenheuvel. (Douglas, Charles) (Entered: 04/12/2016)
2016-04-14 121 0 MOTION for Extension of Time to File memorandum by Curt Vandenheuvel. (Douglas, Charles) (Entered: 04/14/2016)
2016-04-14 122 0 ENDORSED ORDER granting 120 the defendant's motion for an extension of time to submit a memorandum containing a summary of his contentions and position on settlement (as supplemented 121 ). He must submit a memorandum containing the required information by April 18, 2016. Signed by Magistrate Judge Patricia D. Barksdale on 4/14/2016. (LG) (Entered: 04/14/2016)
2016-04-18 123 0 Joint MOTION to Substitute Attorney by Curt Vandenheuvel. (Cossey, Joshua) (STRICKEN PER ORDER DOC 129 ) Modified on 4/22/2016 (RH). (Entered: 04/18/2016) 2016-04-18 18:09:26 4a444c4f31503673e623edc07b1d0852b4368fb6
2016-04-18 124 0 MOTION for to withdraw as attorney by Malibu Media, LLC. (Shatz, Daniel) (STRICKEN PER ORDER DOC 129 ) Modified on 4/22/2016 (RH). (Entered: 04/18/2016) 2016-04-18 18:40:52 13f91223be877f82b2b68b62135aad588fc58214
2016-04-18 125 0 Emergency MOTION to Continue Mediation by Malibu Media, LLC. (Shatz, Daniel) (Entered: 04/18/2016) 2016-04-18 19:12:48 74e942c5502471fedfff986c224bca4b880834d6
2016-04-19 126 0 MOTION for sanctions by Curt Vandenheuvel. (Cossey, Joshua) (Entered: 04/19/2016)
2016-04-19 127 0 Minute Entry. Proceedings held before Magistrate Judge Joel B. Toomey: SETTLEMENT CONFERENCE held on 4/19/2016. (Digital) (TSP) (Entered: 04/19/2016)
2016-04-19 128 0 MINUTE entry for motion hearing held on 4/19/2016 before Magistrate Judge Patricia D. Barksdale: The Court granted 125 the motion to continue the settlement conference, struck 124 the motion to withdraw as counsel, and directed Mr. Lipscomb to refile the motion to withdraw with a 3.01(g) certification. A written order will follow. (DIGITAL) (ASL) (Entered: 04/19/2016)
2016-04-19 129 0 ORDER directing the clerk to strike 123 124 the parties' motions to withdraw for failure to comply with the Local Rules. Signed by Magistrate Judge Patricia D. Barksdale on 4/19/2016. (LG) (Entered: 04/19/2016)
2016-05-02 130 0 MEMORANDUM in opposition re 126 Motion for Sanctions filed by Malibu Media, LLC. (Shatz, Daniel) (Entered: 05/02/2016)
2016-05-02 131 0 AMENDED MOTION to withdraw as attorney by Malibu Media, LLC. (Shatz, Daniel) Modified on 5/4/2016 to edit text (RH). (Entered: 05/02/2016)
2016-05-10 132 0 ORDER denying 126 the defendant's motion for sanctions. Signed by Magistrate Judge Patricia D. Barksdale on 5/9/2016. (LG) (Entered: 05/10/2016)
2016-06-06 133 0 ORDER granting 131 M. Keith Lipscomb and Daniel Shatz's motion for leave to withdraw from representing the plaintiff in this case and directing the clerk to administratively close the case pending the plaintiff's retention of counsel. New counsel must enter an appearance for the plaintiff by July 15, 2016. Signed by Magistrate Judge Patricia D. Barksdale on 6/6/2016. (LG) (Entered: 06/06/2016)
2016-07-15 134 0 NOTICE of Appearance by Emilie Marie Kennedy on behalf of Malibu Media, LLC (Kennedy, Emilie) (Entered: 07/15/2016)
2016-07-27 135 0 ORDER setting a status conference for August 4, 2016 at 1:30 p.m., in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale; directing the parties to meet and confer regarding the remaining case management and scheduling order deadlines; and directing the clerk to reopen the case. Signed by Magistrate Judge Patricia D. Barksdale on 7/27/2016. (LG) (Entered: 07/27/2016)
2016-08-04 136 0 Amended MOTION to Substitute Attorney by Curt Vandenheuvel. (Douglas, Charles) (Entered: 08/04/2016)
2016-08-04 137 0 ORDER Setting Hearing: Settlement Conference set for 8/17/2016 at 09:00 AM in Jacksonville Courtroom 5 A before Magistrate Judge Joel B. Toomey. See Order for Details. Signed by Magistrate Judge Joel B. Toomey on 8/4/2016. (TSP) (Entered: 08/04/2016)
2016-08-04 138 0 MINUTE entry for the status conference held on 8/4/2016 before Magistrate Judge Patricia D. Barksdale: The parties were present to discuss dates for the remaining case management and scheduling order deadlines. Judge Barksdale will enter a second amended case management and scheduling order. (DIGITAL) (ASL) (Entered: 08/05/2016)
2016-08-05 139 0 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: The deadline for participating in a settlement conference before the Honorable Joel B. Toomey is August 17, 2016. The deadline for filing any dispositive and Daubert motion is September 30, 2016. The deadline for participating in the mandatory pretrial meeting of the parties under Local Rule 3.06(b) is January 11, 2017. The deadline for filing the joint final pretrial statement under Local Rule 3.06(c), including a single set of jointly proposed jury instructions and verdict form, voir dire questions, witness list, and exhibit lists with objections, is January 18, 2017. The deadline for filing all other motions, including motions in limine and trial briefs, is February 1, 2017. The date and time of the final pretrial conference under Fed. R. Civ. P. 16(e) and Local Rule 3.06(a)is February 27, 2017, at 10:00 a.m. The start date and time of the jury trial is March 13, 2017, at 9:00 a.m. Signed by Magistrate Judge Patricia D. Barksdale on 8/4/2016. (LG) (Entered: 08/05/2016)
2016-08-05 140 0 ENDORSED ORDER amending 137 Order to the extent that the parties need not submit memoranda in addition to those already submitted. All other provisions of the 137 Order remain in effect. Signed by Magistrate Judge Joel B. Toomey on 8/5/2016. (TAM) (Entered: 08/05/2016)
2016-08-16 141 0 NOTICE of settlement by Malibu Media, LLC (Kennedy, Emilie) (Entered: 08/16/2016)
2016-08-23 142 0 ORDER granting 136 the amended motion to substitute counsel; directing the parties to file, by October 17, 2016, a joint stipulation of dismissal or other appropriate documents to close the case; vacating all remaining deadlines in 139 the second amended case management and scheduling order; and directing the clerk to administratively close this case until further order. Signed by Magistrate Judge Patricia D. Barksdale on 8/23/2016. (LG) (Entered: 08/23/2016)
2016-10-18 143 0 STIPULATION of Dismissal by Malibu Media, LLC. (Kennedy, Emilie) (Entered: 10/18/2016)
2016-10-24 144 0 ORDER granting 143 the parties' request for an order dismissing all of their claims with prejudice, with each party to bear its own attorney's fees and costs; dismissing all claims in this case with prejudice, with each party to bear its own attorney's fees and costs; and directing the Clerk of Court to close the file. Signed by Magistrate Judge Patricia D. Barksdale on 10/24/2016. (LG) (Entered: 10/24/2016)