Mukati v Doe

Filing 20

ORDER DENYING PLAINTIFF'S RENEWED MOTION FOR TEMPORARY RESTRAINING ORDER; ADVANCING CASE MANAGEMENT CONFERENCE by Judge Yvonne Gonzalez Rogers,denying 16 Motion for TRO. Case Management Conference set for 3/19/18 is ADVANCED to Monday, 1/29/2018 02:00 PM in Courtroom 1, 4th Floor, Oakland. (fs, COURT STAFF) (Filed on 1/17/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMAD MUKATI,

CASE NO. 17-cv-07093-YGR

Plaintiff,

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vs.

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JOHN DOE, ET AL.,
Defendants.

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ORDER DENYING PLAINTIFF’S RENEWED
MOTION FOR TEMPORARY RESTRAINING
ORDER; ADVANCING CASE MANAGEMENT
CONFERENCE
Re: Dkt. No. 16

United States District Court
Northern District of California

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The Court is in receipt of plaintiff’s supplemental filing in support of his renewed motion

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for a temporary restraining order. (Dkt. No. 19 (“Supplemental Filing”); Dkt. No. 16 (“Renewed

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TRO Motion”).) The filing was made in response to the Court’s order requesting plaintiff to

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submit proof of ownership regarding the domain names at issue in this case (the “Domain

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Names”), namely copies of “‘receipts for buying the domains, the cloudflare accounts and the

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google analytics . . . with respect to each and every domain name at issue in plaintiff’s Renewed

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TRO Motion . . . .’” (Dkt. No. 17 (quoting Dkt. No. 16-4 at ECF 73).) The Court also specifically

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ordered that the evidence “be organized by domain name.” (Id.)

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Despite the Court’s order, plaintiff appears to have produced a massive data dump which is

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not organized in any coherent manner.1 In certain instances, the information does not even pertain

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Plaintiff’s domain name index was apparently provided to the Court in an attempt to
organize the produced evidence. (See Supplemental Filing at ECF 505–12.) Aside from failing to
list the Domain Names in any logical order (let alone alphabetical order), the index directs the
Court to page numbers that are often wrong. For example, the index represents to the Court that
the domain name successfultrucking.com appears on Bates page 000001. (See Supplemental
Filing at ECF 511.) However, that page provides no information regarding
successfultrucking.com. Rather, it pertains to the domain name brassygal.com, which is not even
at issue in the underlying action. (See id. at ECF 6.) As another example, the index represents to
the Court that the domain name 123-movies.tv appears on Bates page 000474. (See id. at ECF
509.) However, that page displays a PayPal receipt seemingly unrelated to 123-movies.tv. (Id. at
ECF 479.)

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to plaintiff’s ownership as of the date Defendant Doe (“defendant”) allegedly took control over the

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Domain Names.2

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It is not the Court’s task to scour the disorganized record to discern plaintiff’s ownership

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over the Domain Names, or lack thereof, on the relevant date. Rather, the onus is on plaintiff to

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do so. In light of the numerous deficiencies with respect to the factual record, the Court DENIES

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plaintiff’s Renewed TRO Motion.

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Accordingly, the Court ADVANCES the case management conference currently set for

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March 19, 2018 to January 29, 2018 on the Court’s 2:00 p.m. calendar, in the Federal

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Courthouse, 1301 Clay Street, Oakland, California, Courtroom 1. Because defendant’s identity is
unknown, plaintiff is not required to file a case management statement in advance of the

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United States District Court
Northern District of California

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conference.

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This Order terminates Docket Number 16.

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IT IS SO ORDERED.

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Dated: January 17, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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For example, the index represents to the Court that the domain name frenchseries.com
appears on Bates page 000132. (See Supplemental Filing at ECF 507.) While that page in fact
shows a domain renewal for that domain name, it indicates that the 1-year renewal would have
expired as of February 25, 2017, far before defendant allegedly took control over the Domain
Names.
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