Case details

Court: flmd
Docket #: 8:14-cv-01580
Case Name: Malibu Media, LLC v. Doe
PACER case #: 299314
Date filed: 2014-06-27
Date of last filing: 2016-04-08
Assigned to: Judge Virginia M. Hernandez Covington
Referred to: Magistrate Judge Thomas B. McCoun III
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
Plaintiff
M. Keith Lipscomb
Lipscomb, Eisenberg & Baker, PL PH 3800 2 S Biscayne Blvd Miami, FL 33131 786/431-2228 Fax: 786/431-2229 Email: klipscomb@lebfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Shatz
Lipscomb, Eisenberg & Baker, PL PH 3800 2 S Biscayne Blvd Miami, FL 33131 Email: DShatz@lebfirm.com
ATTORNEY TO BE NOTICED

Emilie Marie Kennedy
Lipscomb, Eisenberg & Baker, PL PH 3800 2 S Biscayne Blvd Miami, FL 33131 786/431-2228 Fax: 786/431-2229 Email: ekennedy@lebfirm.com
ATTORNEY TO BE NOTICED

Jason Harris Cooper
Lipscomb, Eisenberg & Baker, PL PH 3800 2 S Biscayne Blvd Miami, FL 33131 786/431-2228 Fax: 786/431-2229 Email: jcooper@lebfirm.com
TERMINATED: 02/09/2016

John Doe
Defendant
subscriber assigned IP address 173.78.19.241 TERMINATED: 11/10/2014
Gregory Weaver
Defendant
Cynthia Ariel Conlin
Cynthia Conlin, PA 1643 Hillcrest St Orlando, FL 32803 407-965-5519 Fax: 407-545-4397 Email: cynthia@cynthiaconlin.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregg D. Thomas
Mediator
Gregg Darrow Thomas
Thomas & LoCicero, PL 601 South Blvd Tampa, FL 33606 813/984-3060 Fax: 813/984-3070 Email: GThomas@tlolawfirm.com
TERMINATED: 10/22/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cara Lynn Bussa
Movant
Cynthia Ariel Conlin
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-06-27 1 0 Complaint COMPLAINT against John Doe with Jury Demand (Filing fee $ 400 receipt number TPA-24297) filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(KMB) (Entered: 06/30/2014) 2015-12-11 09:17:57 6b1a7c1ab6f6db04cdc4fdd00940600e2dbf9182
1 1 Exhibit A 2015-08-30 16:33:40 b3fcbb494e3cc3df81b489a02b61af643f3210ae
1 2 Exhibit B 2015-08-30 16:44:50 7abf19bc7d5716660d6ec1f31712dbfb29359e58
1 3 Civil Cover Sheet
2014-06-27 2 0 Copyright Report Copyright Report sent to Washington. (KMB) (Entered: 06/30/2014)
2014-07-01 3 0 Related case order and track 2 notice RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/15/2014. Signed by Judge Virginia M. Hernandez Covington on 7/1/2014. (LYB) (Entered: 07/01/2014)
2014-07-15 4 0 Notice of pendency of related cases NOTICE of pendency of related cases re 3 Related case order and track 2 notice per Local Rule 1.04(d) by Malibu Media, LLC. Related case(s): Yes (Lipscomb, M.) (Entered: 07/15/2014) 2015-12-11 09:35:49 aab2cc29eec6c6a70cd6178f3aea740ea6008517
2014-07-31 5 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, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Lipscomb, M.) (Entered: 07/31/2014) 2015-12-11 09:26:54 e4bc454bd6e1cafd4d2a1c397b215507b622aa17
5 1 Memorandum 2015-12-11 09:27:00 d738b371a7fa041d9db325676767771bfa1f91b1
5 2 Exhibit A 2015-12-11 09:27:07 250e6a17dc1cf88b08db17b4f0f1e4395368d7c1
5 3 Exhibit B 2015-12-11 09:27:17 712b0e32947833ef799a2792f5ca2bed1e000979
5 4 Exhibit C 2015-12-11 09:27:25 b36f6fe033be9d19c83edee83f9e162abe5461e1
5 5 Text of Proposed Order
2014-07-31 6 0 Corporate Disclosure Statement CORPORATE Disclosure Statement by Malibu Media, LLC. (Lipscomb, M.) (Entered: 07/31/2014) 2015-12-11 09:31:52 bc99cfd3e38602df887249cd53d8f356220cecbe
2014-08-07 7 0 Order on Motion for Miscellaneous Relief ORDER granting 5 Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. Signed by Magistrate Judge Thomas B. McCoun III on 8/7/2014. (ATL) (Entered: 08/07/2014)
2014-10-27 8 0 Motion to extend time First MOTION to extend time to 11/21/2014 to Serve the Defendant by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order to Extend Time to Serve Defendant)(Lipscomb, M.) (Entered: 10/27/2014) 2015-12-11 09:37:56 8989bc661299cdc4363570a92e34c0ef13610d52
8 1 Text of Proposed Order to Extend Time to Serve Defendant
2014-10-27 9 0 Order on motion to extend time ENDORSED ORDER: Plaintiff's First Motion for Extension of Time within which It Has to Effectuate Service on John Doe Defendant 8 is granted. Plaintiff must effectuate service of the Summons and Complaint on or before November 21, 2014. Signed by Judge Virginia M. Hernandez Covington on 10/27/2014. (KBT) (Entered: 10/27/2014)
2014-11-07 10 0 Amended Complaint AMENDED COMPLAINT against Gregory Weaver with Jury Demand. filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Summons)(Lipscomb, M.) (Entered: 11/07/2014)
2014-11-21 11 0 Motion to extend time Second MOTION to extend time to 12/21/2014 to Serve the Defendant Gregory Weaver by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order on Plaintiff's Second Motion for Extension of Time within which it has to Effectuate Service on Defendant Gregory Weaver)(Lipscomb, M.) (Entered: 11/21/2014) 2015-12-11 09:38:49 55fb591d837b4ce4e614581e305d061a89f9613d
11 1 Text of Proposed Order on Plaintiff's Second Motion for Extension of Time w
2014-11-23 12 0 Order on motion to extend time ENDORSED ORDER granting Plaintiff's Second Motion for Extension of Time Within Which It Has to Effectuate Service on Defendant Gregory Weaver 11 . Plaintiff has until and including December 21, 2014, to effect service. No further extensions will be granted. Signed by Judge Virginia M. Hernandez Covington on 11/23/2014. (KBT) (Entered: 11/23/2014)
2014-11-24 13 0 Summons issued SUMMONS issued as to Gregory Weaver. (NAS) (Entered: 11/24/2014)
2014-12-18 14 0 Motion for Extension of Time to File Response/Reply CONSTRUED MOTION for Extension of Time to File Response/Reply as to 10 Amended Complaint by Gregory Weaver. (VCG) (Entered: 12/19/2014) 2015-12-11 09:39:27 27743fed6d40604d021e3a689c1dc0e37c220271
2014-12-19 15 0 Order on Motion for Extension of Time to File Response/Reply ORDER: Defendant Gregory Weaver's Construed Motion for an Extension of Time to File a Response to Plaintiff Malibu Media, LLC's Amended Complaint 14 is GRANTED. Weaver's response to the Amended Complaint is due on or before February 2, 2015. Signed by Judge Virginia M. Hernandez Covington on 12/19/2014. (KBT) (Entered: 12/19/2014) 2015-12-11 09:40:22 eae6ff133e11975354c2bd6ea72340d72058b2d1
2014-12-19 16 0 Order ORDER: Defendant Gregory Weaver is directed to register himself for a CM/ECF account (login and password) with the assistance of the Clerk's Office by calling Ariel Guzman at (813) 301-5439. Signed by Judge Virginia M. Hernandez Covington on 12/19/2014. (KBT) (Entered: 12/19/2014) 2015-12-11 09:41:05 3f054c4894978aea45da5bef3de2c6e0cdd4f0dc
2014-12-29 17 0 Summons returned executed RETURN of service executed on 12/4/2014 by Malibu Media, LLC as to Gregory Weaver. (Lipscomb, M.) (Entered: 12/29/2014) 2015-08-30 11:23:02 af45a10b6954e38b31460830a81d8df70a65205c
2015-02-03 18 0 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Answer re 10 Amended Complaint by Gregory Weaver. (LD) (Entered: 02/03/2015) 2015-12-11 09:43:05 5f894046632dd9f8b8e6f8334b630f3d79394c54
2015-02-03 19 0 Order on motion for extension of time to answer ENDORSED ORDER: On February 2, 2015, the Court received a letter from Defendant Gregory Weaver, requesting an extension of time to respond to the Complaint, which this Court construes as a Motion for Extension of Time. 18 . The Court denies Weaver's Construed Motion for Extension of Time without prejudice for failure to comply with Local Rule 3.01(g), as set forth in this Court's December 19, 2014, Order. 15 . Although the Court acknowledges that Defendant is appearing pro se in this action, that does not discharge Defendant's duty to comply with the Local Rules. Furthermore, the Court again advises Weaver that all future pleadings must be filed on the record and should not be sent to chambers. Signed by Judge Virginia M. Hernandez Covington on 2/3/2015. (KBT) (Entered: 02/03/2015)
2015-02-05 20 0 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Answer re 19 Order on motion for extension of time to answer by Gregory Weaver. (Weaver, Gregory) (Entered: 02/05/2015) 2015-12-11 09:43:55 7e58d8a9c88b32ebd053c056b4141b6be44a5a4e
2015-02-05 21 0 Order on motion for extension of time to answer ENDORSED ORDER denying without prejudice Defendant's Motion for Additional Time to Respond to the Complaint 20 for failure to comply with Local Rule 3.01(g). As set forth in this Court's December 19, 2014, Order 15 , Local Rule 3.01(g) states in relevant part: "Before filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement (1) certifying that the moving counsel has conferred with opposing counsel and (2) stating whether counsel agree on the resolution of the motion. A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties' obligation to confer." Upon review of the present Motion, the Court finds that Plaintiff has made no attempt to address Local Rule 3.01(g) once again. The Court reminds Plaintiff that, although he is appearing pro se, he is bound to adhere to the Federal Rules and the rules governing this Court. Plaintiff may re-file this Motion once he has satisfied the requirements of Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 2/5/2015. (KBT) (Entered: 02/05/2015)
2015-02-09 22 0 Reply to Response to Motion REPLY to Response to Motion re 20 MOTION for Extension of Time to File Answer re 19 Order on motion for extension of time to answer filed by Gregory Weaver. (Attachments: # 1 Exhibit Extension Request Email)(Weaver, Gregory) (Entered: 02/09/2015) 2015-12-11 09:44:35 3b02e411b069d6aa00e76aee2c7fdee48d58c2f4
22 1 Exhibit Extension Request Email 2015-12-11 09:45:13 283d6dd582e03de65bd727889645e8f731923279
2015-02-09 23 0 Order directing compliance ENDORSED ORDER: Defendant's Construed Motion for Additional Time to Respond to the Complaint 22 fails to comply with Local Rule 3.01(g). The Court acknowledges Defendant's representation that he "requested an extension of time from the complainant's attorney, but [has] yet to receive a response." However, this does not satisfy the requirements of Local Rule 3.01(g), which provides: "A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties' obligation to confer. The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion." Accordingly, Defendant has until and including February 13, 2015, to file a supplement to his Motion, which indicates whether or to what extent the parties have resolved the issue presented in the Motion. Failure to do so will result in the Motion being denied without prejudice for failure to comply with Local Rule 3.01(g). The Court takes this opportunity to remind counsel for the Defendant that he needs to respond promptly to inquiries and communications from opposing counsel or pro se parties. See Board of Governors of the Florida Bar, Ideals and Goals of Professionalism, 6.10 and Creed of Professionalism 8 (adopted May 16, 1990), available at www.floridabar.org (Professional Practice-Henry Latimer Center for Professionalism). Signed by Judge Virginia M. Hernandez Covington on 2/9/2015. (KBT) (Entered: 02/09/2015)
2015-02-16 24 0 Opinion and order ENDORSED ORDER The parties are directed to confer and provide a status to this Court by Thursday, February 19, 2015. Counsel for Malibu Media is directed to contact the pro se party and file the status report. Signed by Judge Virginia M. Hernandez Covington on 2/16/2015. (Covington, Virginia) (Entered: 02/16/2015)
2015-02-19 25 0 Status report STATUS report by Malibu Media, LLC. (Lipscomb, M.) (Entered: 02/19/2015) 2015-12-11 09:45:59 e9ad518eafda64fda718c8a365321c8c7885b65d
2015-02-20 26 0 Order ENDORSED ORDER: On February 19, 2015, Plaintiff filed a status report indicating that counsel for Plaintiff "has agreed to allow the Defendant until February 26, 2015, to file his response." 25 . Although the Court expects parties to work together, it is only the Court that can grant an extension of time. The Court again reminds Defendant that he must comply with the rules governing this Court, as set forth numerous times. Nevertheless, under the circumstances, the Court finds good cause to grant Defendant an extension to file a response to the Complaint. Accordingly, the Court grants Defendant until and including March 31, 2015, to file a response to the Complaint -- with or without counsel. If Defendant fails to do so, Plaintiff is free to pursue its application for entry of default against Defendant, in which case the Court proceeds as if Defendant has admitted to the allegations in the Complaint. Signed by Judge Virginia M. Hernandez Covington on 2/20/2015. (KBT) (Entered: 02/20/2015)
2015-03-30 27 0 Answer to amended complaint ANSWER and affirmative defenses with Jury Demand to 10 Amended Complaint by Gregory Weaver.(Weaver, Gregory) (Entered: 03/30/2015) 2015-08-30 11:26:28 548d9769f49799f3c2f27f5cca3d9da44daaf51d
2015-04-01 28 0 Notice of hearing NOTICE of hearing: Case Management Hearing set for 4/16/2015 at 2:00 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Out of town counsel ONLY may appear by telephone using a land-line telephone in a quiet environment (no cell phones permitted and no speaker phones). Out of town counsel are directed to call the conference toll free number at 1-888-684-8852. The access code to enter the telephone conference for all participants is: 2564072. Counsel will then be prompted to enter the participant security code: 1580 followed by the # (pound) key. This conference call will be activated at 1:50 PM so the conference may start promptly at 2:00 PM. Counsel should be prepared to discuss their recommendations concerning the deadlines normally included in the Court's Case Management and Scheduling Order. Counsel should also be prepared to inform the Court of their choice of a mediator and whether they will consent to disposition of the case by the assigned Magistrate Judge. (KBT) (Entered: 04/01/2015)
2015-04-15 29 0 Notice of appearance NOTICE of Appearance by Emilie Marie Kennedy on behalf of Malibu Media, LLC (Kennedy, Emilie) (Entered: 04/15/2015) 2015-12-11 09:46:52 7c33bb59187d380d00010a2172d78df4a4d8ac12
2015-04-15 30 0 Notice of appearance NOTICE of Appearance by Daniel Shatz on behalf of Malibu Media, LLC (Shatz, Daniel) (Entered: 04/15/2015) 2015-12-11 09:47:23 d25c1a310d5532c70626d07ef48cfdb034a7a4e2
2015-04-16 31 0 Notice (Other) NOTICE by Malibu Media, LLC 26(f) Case Management Report (Shatz, Daniel) (Entered: 04/16/2015) 2015-12-11 09:47:47 1b563a1a628b439451369590e05a783862aa185e
2015-04-16 32 0 Scheduling Conference MINUTE ENTRY. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 4/16/2015. Court Reporter: Scott N. Gamertsfelder (SAT) (Entered: 04/16/2015) 2015-12-11 09:48:17 8589aecf3935cd069fa96eb7c9f10624594d2f52
2015-04-16 33 0 Case management and scheduling order CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/10/2016 at 9:00 AM before Judge Virginia M. Hernandez Covington, Jury Trial set for 4/4/2016 at 9:00 AM before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 10/16/2015. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 4/16/2015. (KNC) (Entered: 04/16/2015)
2015-05-07 34 0 Notice of selection of mediator NOTICE OF SELECTION of Gregg D. Thomas as mediator by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order Scheduling Mediation)(Lipscomb, M.) (Entered: 05/07/2015) 2015-12-11 09:49:11 6216fb8c41b6d8a0decf0e78545ee72a5978e6fc
34 1 Text of Proposed Order Scheduling Mediation
2015-05-07 35 0 Order appointing imediator ORDER appointing Gregg D. Thomas, Esq. as mediator in this action. The mediation is scheduled for October 8, 2015. Personal attendance is required. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/7/2015. (KBT) (Entered: 05/07/2015) 2015-12-11 10:07:45 dc417f7ef7a2ad91e8935621329ea68d37e375a3
2015-05-15 36 0 Certificate of interested persons and corporate disclosure statement CERTIFICATE of interested persons and corporate disclosure statement re 33 Case management and scheduling order by Gregory Weaver. (Weaver, Gregory) (Entered: 05/15/2015) 2015-09-14 14:27:56 cb2741cc04d2755b18e7054d701fece952bbc892
2015-06-16 37 0 Motion to Compel MOTION to Compel Defendant's Discovery Responses and Fed. R. Civ. P. 26(a) Disclosures by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Lipscomb, M.) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 06/16/2015)
2015-07-07 38 0 Order Setting Hearing on Motion ORDER Setting Telephonic Hearing on 37 Plaintiff's Motion to Compel Defendant's Discovery Responses and Fed. R. Civ. P. 26 Disclosures. Hearing set for 7/23/2015 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. On the date and time specified, counsel and any unrepresented party shall call 1-888-684-8852; enter access code 2121806; and the security code 1580 followed by the # (pound) key. Signed by Magistrate Judge Thomas B. McCoun III on 7/7/2015. (AHA) (Entered: 07/07/2015)
2015-07-10 39 0 Motion to extend time MOTION to extend time to Serve Expert Witness Reports by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 07/10/2015)
2015-07-13 40 0 Order on motion to extend time ENDORSED ORDER granting in part Plaintiff's Motion for Extension of Time Within Which to Serve Expert Reports 39 to the extent that Plaintiff is directed to serve its expert reports by September 10, 2015. In light of this extension, the Court determines that the remaining deadlines in the Case Management and Scheduling Order 33 must also be extended. Accordingly, the Clerk is directed to enter an Amended Case Management and Scheduling Order reflecting this extension and extending the remaining deadlines to reflect this change. No further extensions on this matter will be granted. Signed by Judge Virginia M. Hernandez Covington on 7/13/2015. (KBT) (Entered: 07/13/2015)
2015-07-13 41 0 Case management and scheduling order AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 4/14/2016 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Jury Trial set for 5/2/2016 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 11/15/2015. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 7/13/2015. (KBT) (Entered: 07/13/2015) 2015-09-01 09:36:48 6a5a27abb1e8d6f9f2ee33e84bd101a20f67cc6f
2015-07-23 42 0 Motion Hearing Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 7/23/2015 re 37 MOTION to Compel Defendant's Discovery Responses and Fed. R. Civ. P. 26(a) Disclosures filed by Malibu Media, LLC. (DIGITAL) (SRC) (Entered: 07/23/2015) 2015-09-01 09:52:44 34dab4370125cf57b481f190ba905bd374f88bd7
2015-07-23 44 0 Order on motion to compel ORDER granting in part and denying in part 37 Plaintiff's Motion to Compel Defendant's Discovery Responses and Fed. R. Civ. P. 26 Disclosures. Signed by Magistrate Judge Thomas B. McCoun III on 7/23/2015. (AHA) (Entered: 07/23/2015) 2015-08-30 11:35:03 812a66904d30a7cd4898ec08b41dcb398614aaf0
2015-08-28 45 0 Motion for order to show cause MOTION for order to show cause Why Defendant Should Not Be Held in Contempt by Malibu Media, LLC. (Attachments: # 1 Exhibit Email Correspondence)(Shatz, Daniel) (Entered: 08/28/2015) 2015-08-30 16:03:46 9148f8919db12d60aa5bc15ea2e4fb187ccc8026
45 1 Exhibit Email Correspondence
2015-09-01 46 0 Motion for protective order MOTION for protective order as to Defendant's Hard Drive by Gregory Weaver. (Attachments: # 1 Exhibit Order in Malibu Media v. Roldan, # 2 Exhibit Order in Malibu Media v. Doe)(Conlin, Cynthia) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 09/01/2015)
2015-09-01 47 0 Motion for protective order MOTION for protective order as to Defendant's Hard Drive by Cara Lynn Bussa. (Conlin, Cynthia) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 09/01/2015)
2015-09-02 48 0 Notice (Other) NOTICE by Gregory Weaver re 46 MOTION for protective order as to Defendant's Hard Drive OF FILING AMENDED CERTIFICATE OF GOOD-FAITH CONFERENCE (Conlin, Cynthia) (Entered: 09/02/2015)
2015-09-02 49 0 Notice (Other) NOTICE by Cara Lynn Bussa re 47 MOTION for protective order as to Defendant's Hard Drive OF FILING AMENDED CERTIFICATE OF GOOD-FAITH CONFERENCE (Conlin, Cynthia) (Entered: 09/02/2015) 2017-07-13 17:06:20 d5ea7f0f5002edd6057bb441a4717164b4a73304
2015-09-10 50 0 Motion for Miscellaneous Relief Second MOTION for miscellaneous relief, specifically to Serve Expert Reports by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order on Plaintiff's Second Motion for Extension Within Which to Serve Expert Reports)(Lipscomb, M.) (Entered: 09/10/2015)
2015-09-11 51 0 Motion for Extension of Time to File Amended MOTION for Extension of Time to File Expert Reports by Malibu Media, LLC. (Attachments: # 1 Exhibit Email Correspondence)(Shatz, Daniel) (Entered: 09/11/2015)
2015-09-14 52 0 Response in Opposition to Motion RESPONSE in Opposition re 50 Second MOTION for miscellaneous relief, specifically to Serve Expert Reports , 51 Amended MOTION for Extension of Time to File Expert Reports filed by Gregory Weaver. (Conlin, Cynthia) (Entered: 09/14/2015)
2015-09-14 53 0 Motion to stay Emergency MOTION to stay re 44 Order on motion to compel as to hard drive only, pending resolution of motions for protective order by Gregory Weaver. (Attachments: # 1 Exhibit Email from Atty Shatz requesting hard drive)(Conlin, Cynthia) (Entered: 09/14/2015)
2015-09-14 54 0 Response in Opposition to Motion RESPONSE in Opposition re 45 MOTION for order to show cause Why Defendant Should Not Be Held in Contempt filed by Gregory Weaver. (Conlin, Cynthia) (Entered: 09/14/2015)
2015-09-15 55 0 Memorandum in opposition MEMORANDUM in opposition re 47 Motion for protective order, 46 Motion for protective order filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Defendant's Interrogatory Responses)(Shatz, Daniel) (Entered: 09/15/2015) 2015-09-16 10:00:17 00a859d1645b1fa9c59612b5557a6768c6e038d4
2015-09-16 56 0 ENDORSED ORDER denying as moot 50 Plaintiff's Second Motion for Extension of Time Within Which to Serve Expert Reports. Amended Motion has been filed at 51 . Signed by Magistrate Judge Thomas B. McCoun III on 9/16/2015. (AHA) (Entered: 09/16/2015)
2015-09-17 57 0 ORDER deferring ruling 45 Plaintiff's Motion for an Order to Show Cause Why Defendant Gregory Weaver Should Not be Held in Contempt for Violating This Court's Order of July 23, 2015; denying 46 Defendant's Motion for Protective Order; granting in part and denying in part 47 Non-Party Cara Lynn Bussa's Motion for Protective Order; granting in part and denying in part 51 Plaintiff's Amended Second Motion for Extension of Time Within Which to Serve Expert Reports; and denying 53 Non-Party and Defendant's Joint Emergency Motion to Abate or Stay Order Pending Resolution on Motions for Protective Order. See attached for details. Signed by Magistrate Judge Thomas B. McCoun III on 9/17/2015. (AHA) (Entered: 09/17/2015)
2015-10-19 58 0 ENDORSED ORDER: The parties were scheduled to mediate this case on October 8, 2015, before Gregg D. Thomas. 35 . The parties are directed to advice the Court as to the status of the mediation on or before October 20, 2015, including whether the mediation was conducted as scheduled, and if so, whether the parties reached a settlement or an impasse. Signed by Judge Virginia M. Hernandez Covington on 10/19/2015. (DRW) (Entered: 10/19/2015)
2015-10-19 59 0 NOTICE of Appearance by Jason Harris Cooper on behalf of Malibu Media, LLC (Cooper, Jason) (Entered: 10/19/2015)
2015-10-20 60 0 ORDER denying 45 Plaintiff's Motion for an Order to Show Cause Why Defendant Gregory Weaver Should Not be Held in Contempt for Violating This Court's Order of July 23, 2015. Signed by Magistrate Judge Thomas B. McCoun III on 10/20/2015. (AHA) (Entered: 10/20/2015)
2015-10-20 61 0 NOTICE by Malibu Media, LLC re 58 Order (Shatz, Daniel) (Entered: 10/20/2015)
2015-10-21 62 0 NOTICE by Gregg D. Thomas Notice of Impasse (Thomas, Gregg) (Entered: 10/21/2015)
2015-11-09 63 0 Third MOTION to extend time to Serve Expert Witness Reports by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 11/09/2015)
2015-11-10 64 0 NOTICE by Gregory Weaver re 63 Third MOTION to extend time to Serve Expert Witness Reports OF INTENT TO FILE RESPONSE IN OPPOSITION (Conlin, Cynthia) (Entered: 11/10/2015)
2015-11-10 65 0 ENDORSED ORDER granting 63 Plaintiff's Third Motion for Extension of Time Within Which to Serve Expert Reports. Plaintiff's expert reports due 11/18/2015. No further extensions to this deadline will be granted, absent extraordinary circumstances. Signed by Magistrate Judge Thomas B. McCoun III on 11/10/2015. (AHA) (Entered: 11/10/2015)
2015-11-20 66 0 Unopposed MOTION to modify The Scheduling Order by Gregory Weaver. (Conlin, Cynthia) (Entered: 11/20/2015)
2015-11-20 67 0 MOTION to stay discovery by Malibu Media, LLC. (Attachments: # 1 Exhibit Defendant's Discovery Responses, # 2 Exhibit Defendant's Deposition Transcript, # 3 Exhibit Plaintiff's Expert Report)(Shatz, Daniel) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 11/20/2015)
2015-11-23 68 0 ENDORSED ORDER: In light of Defendant's representations in its unopposed motion to modify scheduling order (Doc. # 66 ), the Court grants the motion to the extent provided herein. Defendant's expert reports shall be due by December 28, 2015. Because of this extension, the Court finds it necessary to extend the remaining deadlines included in the Case Management and Scheduling Order as well. Accordingly, the parties are directed to adhere to the following deadlines. Discovery shall end on January 8, 2016, Dispositive motions shall be due by January 29, 2016, and Motions in limine shall be due by February 8, 2016. The Final Pretrial Conference is set for May 12, 2016, at 11:00AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury Trial set for June 6, 2016, at 9:00AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. The Court has been more than accommodating to the needs of the parties; however, the Court must also ensure this action is brought to a resolution in a timely manner. See Fed. R. Civ. P. 1; see also Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1366-67 (11th Cir. 1997). Furthermore, counsel and the parties are reminded that "[a]dvocacy does not include 'game playing.'" Pesaplastic, C.A. v. Cincinnati Milacron Co., 799 F.2d 1510, 1522-23 (11th Cir. 1986). Accordingly, the Court expects strict compliance with these deadlines. No further extensions of time will be granted. Signed by Judge Virginia M. Hernandez Covington on 11/23/2015. (DRW) (Entered: 11/23/2015)
2015-11-23 69 0 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference oringinally scheduled for 4/14/2016 and the Jury Trial Term originally set for 5/2/2016 are rescheduled. New scheduling dates and times: Final Pretrial Conference set for 5/12/2016 at 11:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial Term set for 6/6/2016 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (DRW) (Entered: 11/23/2015)
2015-11-24 70 0 ORDER denying 67 Plaintiff's Motion to Stay or Limit Discovery. Signed by Magistrate Judge Thomas B. McCoun III on 11/24/2015. (AHA) (Entered: 11/24/2015)
2015-12-10 71 0 MOTION for leave to file to Amend the Amended Complaint by Malibu Media, LLC. (Attachments: # 1 Patrick Paige Report, # 2 Proposed Second Amended Complaint, # 3 Text of Proposed Order)(Cooper, Jason) (Entered: 12/10/2015)
2015-12-11 72 0 ORDER denying 71 Motion for Leave to File. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/11/2015. (DRW) (Entered: 12/11/2015)
2015-12-11 73 0 MOTION for protective order by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cooper, Jason) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 12/11/2015)
2015-12-11 74 0 MOTION for summary judgment by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Cooper, Jason) (Entered: 12/11/2015)
2015-12-14 75 0 NOTICE OF TELEPHONIC HEARING re 73 Plaintiff's Motion for Protective Order. Telephonic Hearing set for 12/15/2015 at 04:00 PM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. On the date and time specified, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1580 followed by the # (pound) key. (AHA) (Entered: 12/14/2015)
2015-12-15 76 0 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 12/15/2015 re 73 MOTION for protective order filed by Malibu Media, LLC. (DIGITAL) (LYB) (Entered: 12/15/2015)
2015-12-15 78 0 ORDER granting in part 73 Plaintiff's Motion for Protective Order. Signed by Magistrate Judge Thomas B. McCoun III on 12/15/2015. (AHA) (Entered: 12/15/2015)
2015-12-23 79 0 MOTION to Compel Answer Interrogatory 29 and respond to Request 39 by Gregory Weaver. (Attachments: # 1 Exhibit Defendant's 2nd ROG to Plaintiff, # 2 Exhibit Defendant's 2nd RDP to Plaintiff, # 3 Exhibit Plaintiff's objections to 2nd ROG, # 4 Exhibit Plaintiff's objections to 2nd RDP)(Conlin, Cynthia) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 12/23/2015)
2015-12-30 80 0 Unopposed MOTION for Leave to File Excess Pages IN RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 74 by Gregory Weaver. (Conlin, Cynthia) (Entered: 12/30/2015)
2015-12-30 81 0 ENDORSED ORDER: Defendant's motion to exceed page count (Doc. # 80 ), which is unopposed, is granted. Defendant may file a response to Plaintiff's motion for summary judgment that shall not exceed 23 pages. Signed by Judge Virginia M. Hernandez Covington on 12/30/2015. (DRW) (Entered: 12/30/2015)
2015-12-31 82 0 RESPONSE in Opposition re 74 MOTION for summary judgment filed by Gregory Weaver. (Attachments: # 1 Exhibit Plaintiff's responses to Defendant's 1st RFAs, # 2 Exhibit Document filed by Plaintiff in other Malibu Media case, 8:14-cv-02138-VMC-MAP, explaining what "torrent files" are)(Conlin, Cynthia) (Entered: 12/31/2015) 2016-01-05 19:21:15 9fd4925215f4bdb56efd30e7799a2f04e9fbde10
82 1 Exhibit Plaintiff's responses to Defendant's 1st RFAs
82 2 Exhibit Document filed by Plaintiff in other Malibu Media case, 8:14-cv-02138-VM
2016-01-04 83 0 RESPONSE in Opposition re 79 MOTION to Compel Answer Interrogatory 29 and respond to Request 39 filed by Malibu Media, LLC. (Shatz, Daniel) (Entered: 01/04/2016) 2016-01-05 19:04:18 6f558bf609363d8312415f5c483bc8ac730daa15
2016-01-06 84 0 NOTICE OF TELEPHONIC HEARING on 79 Defendant's Motion for an Order Compelling Plaintiff to Provide Complete Responses to Defendant's Discovery Requests. Motion Hearing set for 1/12/2016 at 11:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. On the date and time specified, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1580 followed by the # (pound) key. (AHA) (Entered: 01/06/2016)
2016-01-07 85 0 MOTION to Compel PLAINTIFF TO PROVIDE COMPLETE REPONSES TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR ADMISSIONS by Gregory Weaver. (Attachments: # 1 Exhibit Def's 1st ROG to Pla, # 2 Exhibit Def's 1st RFA to Pla, # 3 Exhibit Pla's Response to Def's 1st ROG, # 4 Exhibit Pla's Response to Def's 1st RFA, # 5 Exhibit Letter to Pla re. responses to Def's 1st ROG, # 6 Exhibit Letter to Pla re. responses to Def's 1st RFA, # 7 Exhibit Email to Pla. re. discovery conference summary, # 8 Exhibit Email from Pla. producing list of users interacting (Roldan case))(Conlin, Cynthia) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 01/07/2016)
2016-01-07 86 0 MOTION to Compel PLAINTIFF TO PROVIDE COMPLETE RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS by Gregory Weaver. (Attachments: # 1 Exhibit Def's 1st RTP to Pla, # 2 Exhibit Pla's Responses to Def's 1st RTP to Pla, # 3 Exhibit Letter to Pla re. Responses to Def's 1st RTP to Pla, # 4 Exhibit Email to Pla. re. discovery conference summary, # 5 Exhibit Email from Pla. producing list of users interacting (Roldan case))(Conlin, Cynthia) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 01/07/2016)
2016-01-07 87 0 MOTION for leave to file a Reply in Further Support of Motion for Summary Judgment [CM/ECF 74] by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Cooper, Jason) (Entered: 01/07/2016)
2016-01-08 88 0 ENDORSED ORDER: On December 11, 2015, Plaintiff filed a motion for summary judgment and, on December 31, 2015, Defendant filed his response. (Doc. ## 74 , 82 ). Plaintiff now moves for leave to file a reply not to exceed 12 pages. (Doc. # 87 ). The Amended Case Management and Scheduling Order issued in this case (Doc. # 41 ), provides that a party moving for summary judgment "may file a reply memorandum, not exceeding ten pages, within fourteen days after the response is served." (Id. at 6). Thus, Plaintiff's motion is granted to the extent it seeks to file reply as such permission was already granted under the Amended Case Management and Scheduling Order. However, to the extent the motion seeks to file a reply in excess of the page limit established by the Amended Case Management and Scheduling Order, the motion is denied. In sum, as provided by the Amended Case Management and Scheduling Order, Plaintiff may file a reply, not exceeding ten pages, by January 14, 2016. Signed by Judge Virginia M. Hernandez Covington on 1/8/2016. (DRW) (Entered: 01/08/2016)
2016-01-12 89 0 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 1/12/2016 re 86 MOTION to Compel PLAINTIFF TO PROVIDE COMPLETE RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS filed by Gregory Weaver, 79 MOTION to Compel Answer Interrogatory 29 and respond to Request 39 filed by Gregory Weaver, 85 MOTION to Compel PLAINTIFF TO PROVIDE COMPLETE REPONSES TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR ADMISSIONS filed by Gregory Weaver. (DIGITAL) (LYB) (Entered: 01/12/2016)
2016-01-12 91 0 ORDER denying 85 Defendant's Motion for an Order Compelling Plaintiff to Provide Complete Responses to Defendant's Interrogatories; denying 86 Motion to CompelDefendant's Motion for an Order Compelling Plaintiff to Provide Complete Responses to Defendant's First Requests for Production. Signed by Magistrate Judge Thomas B. McCoun III on 1/12/2016. (AHA) (Entered: 01/12/2016)
2016-01-14 92 0 REPLY to Response to Motion re 74 MOTION for summary judgment filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Paige Declaration)(Shatz, Daniel) (Entered: 01/14/2016)
2016-01-14 93 0 MEMORANDUM in support re 79 Motion to Compel filed by Gregory Weaver. (Conlin, Cynthia) (Entered: 01/14/2016)
2016-01-19 94 0 OBJECTION re 91 Order on motion to compel . (Conlin, Cynthia) (Entered: 01/19/2016)
2016-01-21 95 0 ORDER granting in part and denying in part 79 Defendant's Motion for an Order Compelling Plaintiff to Provide Complete Responses to Defendant's Discovery Requests. Signed by Magistrate Judge Thomas B. McCoun III on 1/21/2016. (AHA) (Entered: 01/21/2016)
2016-01-26 96 0 MOTION for clarification re 95 Order on motion to compel by Malibu Media, LLC. (Lipscomb, M.) (Entered: 01/26/2016)
2016-01-28 97 0 ORDER granting in part 96 Plaintiff's Motion for Clarification. Signed by Magistrate Judge Thomas B. McCoun III on 1/28/2016. (AHA) (Entered: 01/28/2016)
2016-01-28 98 0 MOTION for summary judgment by Gregory Weaver. (Attachments: # 1 Exhibit Report of Defendant's Expert Witness Gregory Dorn, # 2 Exhibit Report of Defendant's Expert Witness Tom Parker)(Conlin, Cynthia) (Entered: 01/28/2016)
2016-02-05 99 0 MOTION for leave to file Multiple Motions in Limine by Gregory Weaver. (Conlin, Cynthia) (Entered: 02/05/2016)
2016-02-05 100 0 ENDORSED ORDER: Defendant has filed a Motion for Leave to File Four Motions in Limine. (Doc. # 99 ). However, the Motion does not, as required by Local Rule 3.01(d), specify the length of the proposed filings. Presumably, Defendant is seeking 100 pages in which to argue its putative motions in limine. As expressed in the Court's Case Management and Scheduling Order (Doc. # 33 at 2), multiple motions in limine are not favored. Accordingly, Defendant's Motion (Doc. # 99 ) is denied without prejudice. If Defendant wishes to file a second motion for leave to file four motions in limine, Defendant is reminded that the deadline for Daubert motions has passed (Doc. # 68), Local Rule 3.01(d) requires the movant to specify the length of the proposed filings, and Local Rule 3.01(g) requires the movant to confer with the non-movant (both in good-faith) before filing any motion except as exempted by Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 2/5/2016. (DRW) (Entered: 02/05/2016)
2016-02-05 101 0 Unopposed MOTION for leave to file under seal by Malibu Media, LLC. (Shatz, Daniel) (Entered: 02/05/2016)
2016-02-05 102 0 Amended MOTION for leave to file 4 motions in limine no more than 25 pages each , MOTION for clarification re 68 Order on motion to modify, 100 Order on Motion for Leave to File by Gregory Weaver. (Conlin, Cynthia) (Entered: 02/05/2016)
2016-02-06 103 0 ORDER granting in part and denying in part Amended Motion for Leave to File Multiple Motions in Limine, with Motion for Clarification 102 . See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/6/2016. (DRW) (DRW). (Entered: 02/06/2016) 2016-02-07 16:43:21 e12a09c8e7cb8a174ab12a279e07e53fc87301ce
2016-02-08 104 0 MOTION for Jason H. Cooper to withdraw as attorney for Plaintiff by Malibu Media, LLC. (Cooper, Jason) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 02/08/2016)
2016-02-08 105 0 ORDER: Defendant's Objections to Magistrate's Order Denying Defendant's Motions to Compel (Doc. # 94 ) is overruled. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/8/2016. (DRW) (Entered: 02/08/2016)
2016-02-08 106 0 MOTION in limine by Malibu Media, LLC. (Attachments: # 1 Exhibit Expunction Order)(Shatz, Daniel) (Entered: 02/08/2016)
2016-02-08 107 0 MOTION in limine regarding prejudicial statements and evidence, Plaintiff's technical evidence, generalizations, and more by Gregory Weaver. (Attachments: # 1 Exhibit Patrick Paige's Report, # 2 Exhibit Plaintiff's Rule 26 Disclosures)(Conlin, Cynthia) (Entered: 02/08/2016)
2016-02-09 108 0 ORDER: Plaintiff's Unopposed Motion to Seal (Doc. # 101 ) is granted as provided in the Order. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/9/2016. (DRW) (Entered: 02/09/2016)
2016-02-09 109 0 ENDORSED ORDER granting 104 Motion to Withdraw as Counsel for Plaintiff. Attorney Jason Harris Cooper terminated. Signed by Magistrate Judge Thomas B. McCoun III on 2/9/2016. (AHA) (Entered: 02/09/2016)
2016-02-10 110 0 NOTICE of supplemental authority re 98 MOTION for summary judgment , 107 MOTION in limine regarding prejudicial statements and evidence, Plaintiff's technical evidence, generalizations, and more by Gregory Weaver. (Attachments: # 1 Exhibit Order in 1:13-cv 06312 (N.D. Ill. 2016))(Conlin, Cynthia) (Entered: 02/10/2016)
2016-02-17 112 0 ENDORSED ORDER: On February 5, 2016, Plaintiff filed an Unopposed Motion to Seal the deposition transcript of Colette Pelissier-Field, Plaintiff's corporate representative. Plaintiff submitted that the deposition transcript revealed sensitive information related to Plaintiff's business model and practices, which if revealed would harm Plaintiff's business interests. (Doc. # 101 at 3-4). The Court granted the Motion on February 9, 2016. (Doc. # 108 ). Thereafter, Plaintiff filed the Field Deposition under seal. (Doc. # 111). Upon review of the Field Deposition, the Court is unable to ascertain how filing the document on the public record would harm Plaintiff's business interests. The Court will provide Plaintiff the opportunity to either withdraw the Field Deposition or file it on the public record. If the Plaintiff believes that particular information in the Field Deposition is truly sensitive information, Plaintiff may call such particular information to the Court's attention and such information may be subject to redaction. By February 19, 2016, Plaintiff is directed to file a notice advising the Court of whether it wishes to withdraw the deposition transcript recognizing that the Court will not consider it or consenting that the deposition be filed in the public record. Signed by Judge Virginia M. Hernandez Covington on 2/17/2016. (DRW) (Entered: 02/17/2016)
2016-02-17 113 0 NOTICE by Malibu Media, LLC re 112 Order, Sealed Document (Shatz, Daniel) (Entered: 02/17/2016)
2016-02-18 114 0 MOTION for Leave to File Excess Pages by Malibu Media, LLC. (Shatz, Daniel) (Entered: 02/18/2016)
2016-02-18 115 0 ENDORSED ORDER: Plaintiff's Motion for Leave to Exceed Page Limitation, which is unopposed, is granted. (Doc. # 114 ). Plaintiff may file a response to Defendant's motion in limine not to exceed 25 pages. Signed by Judge Virginia M. Hernandez Covington on 2/18/2016. (DRW) (Entered: 02/18/2016)
2016-02-18 116 0 ENDORSED ORDER: Docs. 111 and S-111 are stricken from the record. The Clerk is directed to return Doc. S-111 to Plaintiff. Signed by Judge Virginia M. Hernandez Covington on 2/18/2016. (DRW) (Entered: 02/18/2016)
2016-02-22 117 0 ***STRICKEN PER ORDER 119 *** RESPONSE in Opposition re 106 MOTION in limine filed by Gregory Weaver. (Attachments: # 1 Exhibit Judge Hellerstein order in SDNY, # 2 Exhibit FDLE Internal Investigation Report on Patrick Paige)(Conlin, Cynthia) Modified on 2/25/2016 (LSS). (Entered: 02/22/2016)
2016-02-24 118 0 RESPONSE in Opposition re 106 MOTION in limine (Amended to supersede earlier filed motion) filed by Gregory Weaver. (Attachments: # 1 Exhibit Order in SDNY, # 2 Exhibit FDLE public record on Patrick Paige)(Conlin, Cynthia) (Entered: 02/24/2016)
2016-02-24 119 0 ENDORSED ORDER: On February 22, 2016, Defendant filed his response in opposition to Plaintiff's motion in limine. (Doc. # 117 ). Two days later, on February 24, 2016, Defendant filed an amended response in opposition to Plaintiff's motion in limine. (Doc. # 118 ). Accordingly, in order to maintain clarity in the record, Defendant's first filed response (Doc. # 117 ) is stricken. Signed by Judge Virginia M. Hernandez Covington on 2/24/2016. (DRW) (Entered: 02/24/2016)
2016-02-25 120 0 RESPONSE in Opposition re 107 MOTION in limine regarding prejudicial statements and evidence, Plaintiff's technical evidence, generalizations, and more filed by Malibu Media, LLC. (Attachments: # 1 Exhibit Patzer Declaration)(Shatz, Daniel) (Entered: 02/25/2016)
2016-03-03 121 0 RESPONSE in Opposition re 98 MOTION for summary judgment filed by Malibu Media, LLC. (Shatz, Daniel) (Entered: 03/03/2016)
2016-03-04 122 0 ENDORSED ORDER TO SHOW CAUSE: Defendant filed his Motion for Summary Judgment (Doc. # 98 ) on January 28, 2016. Thus, Plaintiff's response was due on February 29, 2016. See (Doc. ## 33 , 41 ) (stating that responses are due within thirty days and the response deadline is not entitled to the additional three days under Fed. R. Civ. P. 6(d)); (Doc. # 68) (extending the deadline for filing dispositive motions to January 29, 2016, but not otherwise lengthening response and reply deadlines); Fed. R. Civ. P. 6(a)(1)(C) (providing that, if a deadline falls on a Saturday, Sunday, or legal holiday, then the deadline continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday). Plaintiff did not file its response (Doc. # 121 ) until March 3, 2016, which means that thirty-four days elapsed between the date Defendant filed his Motion for Summary Judgment and the date Plaintiff filed its response. Plaintiff failed to file a motion for permission to file out of time, nor did Plaintiff file a motion before the deadline expired asking for an extension of time to file. Therefore, Plaintiff is directed to SHOW CAUSE, in writing, by March 8, 2016, why its response should not be stricken as untimely and why the Court should not consider Defendant's Motion for Summary Judgment unopposed. Signed by Judge Virginia M. Hernandez Covington on 3/4/2016. (DRW) (Entered: 03/04/2016)
2016-03-04 123 0 MOTION for Extension of Time to File Response to Show Cause Order by Malibu Media, LLC. (Shatz, Daniel) (Entered: 03/04/2016)
2016-03-07 124 0 ENDORSED ORDER: On March 4, 2016, this Court entered an Order to Show Cause why Plaintiff's response to Defendant's motion for summary judgment should not be stricken as untimely and Defendant's motion for summary judgment considered unopposed. (Doc. # 122). Thereafter, Plaintiff filed a motion for extension of time to file a response to the Order to Show Cause, which states, in part: "Plaintiff's Counsel did not actually realize or appreciate that Plaintiff's Opposition had been untimely filed. Plaintiff's Counsel sincerely apologizes to the Court for its delayed filing...." (Doc # 123 ). The Court accepts counsel's representation at face value. In addition, the Court takes this opportunity to express its expectations so there is no doubt going forward: lawyers - who are not merely advocates for their clients, but also officers of the Court - should be collegial and are expected to follow all applicable rules. Ordinarily, if a party cannot meet a deadline, the Court would expect that party to file a motion for extension of time. And, in the event a filing is filed outside the applicable deadline without leave of Court, the filing would normally be stricken. But, in the interests of justice, the Court accepts Plaintiff's response to Defendant's motion for summary judgment. Plaintiff's motion for extension of time (Doc. # 123 ) is accordingly denied as moot. Defendant's reply, if he elects to file one, is due by March 21, 2016. Signed by Judge Virginia M. Hernandez Covington on 3/7/2016. (DRW) (Entered: 03/07/2016)
2016-03-15 125 0 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Final Pretrial Conference previously scheduled for 5/12/2016 is rescheduled. New hearing time: Final Pretrial Conference set for 5/12/2016 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington (SAT) (Entered: 03/15/2016)
2016-03-21 126 0 REPLY to Response to Motion re 98 MOTION for summary judgment filed by Gregory Weaver. (Conlin, Cynthia) (Entered: 03/21/2016)
2016-03-28 127 0 Unopposed MOTION to extend time to Meet in Person to Prepare and File the Joint Final Pretrial Statement by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 03/28/2016)
2016-03-29 128 0 ENDORSED ORDER: Plaintiff's unopposed Motion for Extension of Time (Doc. # 127 ) is granted. The deadline for meeting in person to prepare the Joint Final Pretrial Statement is April 18, 2016, and the deadline for filing the Joint Final Pretrial Statement is April 28, 2016. Signed by Judge Virginia M. Hernandez Covington on 3/29/2016. (DRW) (Entered: 03/29/2016)
2016-04-08 129 0 ORDER granting in part and denying in part 74 Motion for summary judgment; denying 98 Motion for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 4/8/2016. (DRW) (Entered: 04/08/2016)
2016-04-15 130 0 Joint MOTION to extend time to meet by Malibu Media, LLC. (Shatz, Daniel) (Entered: 04/15/2016)
2016-04-15 131 0 ENDORSED ORDER: The parties' Joint Motion for an Extension of Time and Incorporated Request for Leave to Conduct Pretrial Meeting Remotely (Doc. # 130 ) is denied in part. The Court will take-up the pending motions in limine at the Final Pretrial Conference. As such, the deadline for meeting to prepare the Joint Final Pretrial Statement remains April 18, 2016; however, the parties may meet remotely to do so. Signed by Judge Virginia M. Hernandez Covington on 4/15/2016. (DRW) (Entered: 04/15/2016)
2016-04-18 132 0 MOTION for to withdraw as attorney by Malibu Media, LLC. (Shatz, Daniel) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 04/18/2016) 2016-04-19 02:28:43 fed7972094051bdc9076fe87d59a23955fab9ad7
2016-04-18 133 0 Unopposed MOTION to extend time to Pretrial Deadlines by Malibu Media, LLC. (Shatz, Daniel) (Entered: 04/18/2016)
2016-04-18 134 0 ENDORSED ORDER granting 133 Motion to extend time. Trial is rescheduled for the August trial term and the pretrial conference is rescheduled to July. The Clerk is directed to enter an order adjusting the deadlines to reflect this new trial date.. Signed by Judge Virginia M. Hernandez Covington on 4/18/2016. (Covington, Virginia) (Entered: 04/18/2016)
2016-04-19 135 0 ENDORSED ORDER denying without prejudice 132 Plaintiff's Counsel's Motion to Withdraw for failure to comply with Local Rule 2.03(b) and 3.01(g). Signed by Magistrate Judge Thomas B. McCoun III on 4/19/2016. (AHA) (Entered: 04/19/2016)