Case details

Court: flsd
Docket #: 1:12-cv-22148
Case Name: AF Holdings, LLC v. Doe
PACER case #: 401755
Date filed: 2012-06-07
Date terminated: 2012-08-28
Date of last filing: 2012-08-28
Assigned to: Judge K. Michael Moore
Referred to: Magistrate Judge Edwin G. Torres
Case Cause: 17:0101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question


Represented Party Attorney & Contact Info
AF Holdings, LLC
Joseph Perea
Joseph Perea, P.A. 9100 South Dadeland Blvd., Suite 1500 Miami, FL 33156 305-934-6215 Fax: 888-229-4968 Email:

John Doe


Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-07 1 0 Complaint COMPLAINT against John Doe. Filing fee $ 350.00 receipt number 113C-4798590, filed by AF Holdings, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Supplement Corporate disclosure)(Perea, Joseph) (Entered: 06/07/2012)
2012-06-07 2 0 Judge Assignment Judge Assignment to Judge K. Michael Moore (vjk) (Entered: 06/08/2012)
2012-06-08 3 0 Form AO 120/121 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (vjk) (vjk). (Entered: 06/08/2012)
2012-06-12 4 0 Pretrial Order PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of or a description by category and location of all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and / or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.M. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 6/12/2012. (rg1) (Entered: 06/12/2012)
2012-06-12 5 0 Order Referring Case to Magistrate Judge PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE EDWIN G. TORRES. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Edwin G. Torres to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. Signed by Judge K. Michael Moore on 6/12/2012. (rg1) (Entered: 06/12/2012)
2012-06-13 6 0 Motion for Discovery Plaintiff's MOTION for Discovery for Leave to Take Discovery Prior to the Rule 26 (f) Conference by AF Holdings, LLC. Responses due by 7/2/2012 (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Perea, Joseph) (Entered: 06/13/2012)
2012-07-03 7 0 Order on Motion for Discovery ORDER granting 6 Motion for Leave to Take Early Discovery. For good cause shown under Rule 26, the motion is Granted. Plaintiff may immediately serve Rule 45 subpoena(s) to identify John Doe associated with Internet Protocol ("IP") address, which are limited to the following categories of entities and information: From the Internet Service Provider (ISP) identified in Plaintiffs Ex Parte Application for Leave to Take Expedited Discovery and any other entity identified as a provider of Internet services to the Doe Defendant in response to a subpoena or as a result of ongoing BitTorrent activity monitoring: information sufficient to identify John Doe associated with IP address, including name, current (and permanent) address, telephone number, e-mail address, and Media Access Control address. Any information disclosed to the Plaintiff in response to a Rule 45 subpoena may be used by the Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in its Complaint. Plaintiff shall file in the public docket notices of filing and copies of any subpoenas issued hereunder. Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/3/2012. (EGT) (Entered: 07/03/2012)
2012-07-10 8 0 Notice (Other) NOTICE by AF Holdings, LLC re 7 Order on Motion for Discovery,,,, of Filing Subpoena (Attachments: # 1 Exhibit A)(Perea, Joseph) (Entered: 07/10/2012) 2012-07-31 19:06:59 7359a84ac9db11bad1e09c8265fbcaa602dd3813
8 1 Exhibit A 2012-08-29 23:06:19 2991006f7e6b33c8bae4860815a3f8e628dd1748
2012-08-28 9 0 Order Dismissing Case PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On June 12, 2012, this Court entered a Pretrial Order 4 requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurred first. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorneys' fees and costs." The deadline for filing a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Parties may move to reopen this matter upon filing a joint scheduling report. Signed by Judge K. Michael Moore on 8/28/2012. (bce) (Entered: 08/28/2012)