MALIBU MEDIA, LLC v. JOHN DOES 1-16

Filing 22

ORDER THAT ALL OF THE MOTIONS HEREIN, FILED BY THE JOHN DOE DEFENDANTS ARE GRANTED IN PART AND DENIED IN PART. THIS CASE WILL PROCEED AGAINST DEFENDANT JOHN DOE #16, ONLY. THESE JOHN DOE DEFENDANTS WILL BE REFERRED TO COLLECTIVELY AS "DEFENDANTS " IN THIS AND ALL FUTURE ORDERS. WITHIN TEN (10) DAYS PLAINTIFF SHALL EFFECTUATE SERVICE OF THE COMPLAINT ON THE DEFENDANTS AND FILE AN AFFIDAVIT OF SERVICE OR MEMORANDUM ADVISING THE COURT AS TO WHY SERVICE HAS NOT BEEN MADE ON ANY DEFENDANT, E TC. DEFENDANTS SHALL ANSWER, PLEAD, OR OTHERWISE MOVE IN RESPONSE TO THE COMPLAINT WITHIN FOURTEEN (14) DAYS OF SERVICE. DISCOVERY IS DUE WITHIN FOURTEEN (14) DAYS OF SERVICE OF THE COMPLAINT. A RULE 16 PRETRIAL CONFERENCE WILL BE HELD ON 11/30/2012, AT 10:00AM, IN COURTROOM 3A. THE COURT SETS 4/2/2013 AS THE DATE FOR A BELLWETHER TRIAL. ALL OTHER PROCEEDINGS IN THE CAPTIONED CASES ARE STAYED PENDING FURTHER ORDER OF THIS COURT. FURTHER INFORMATION AND DIRECTION IS AS OUTLINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/3/2012. 10/4/2012 ENTERED AND COPIES MAILED AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MALIBU MEDIA, LLC,
Plaintiff,
v.

CIVIL ACTION NO. 12-2078

JOHN DOES 1-16,
Defendants.
MALIBU MEDIA, LLC,
Plaintiff,
v.

CIVIL ACTION NO. 12-2084

JOHN DOES 1-14,
Defendants.
MALIBU MEDIA, LLC,
Plaintiff,
v.

CIVIL ACTION NO. 12-2088

JOHN DOES 1-22,
Defendants.
ORDER FOR EXPEDITED PROCEEDINGS
LEADING TO BELLWETHER TRIAL
AND NOW, this 3rd day of October, 2012, for the reasons set forth in the accompanying
Memorandum, it is hereby ORDERED that the Court establishes the following pretrial schedule:
1.

All of the following pending Motions filed by the John Doe defendants are

GRANTED in part and DENIED in part:
(a)

In Civil Action No. 12-2078, John Doe #16's Motion to Dismiss and/or
Sever Complaint and, in the Alternative, Motion to Quash Subpoena
(ECF No. 9).

(b)

In Civil Action No. 12-2084, John Doe #6's Motion to Quash Subpoena

and/or Sever (ECF No. 12).
(c)

In Civil Action No. 12-2088, John Doe #1's Motion to Dismiss and/or
Sever Complaint and Quash Subpoena (ECF No. 14), John Doe #13's
Motion to Dismiss and, in the Alternative, to Issue a Protective Order and
Motion for Leave to Proceed Anonymously (ECF No. 9), and John Doe
#14's Motion to Vacate Order Granting Leave to File Subpoena, to Quash
Subpoena, and, Alternatively, for Protective Order (ECF No. 10).

The Motions to Dismiss, Quash and/or Sever are DENIED without prejudice. The Motions to
Proceed Anonymously and/or for a Protective Order are GRANTED. The parties shall redact or
otherwise protect the identities of the John Doe defendants in any filings with the Court. The
results of discovery may only be used for purposes of this case.
2.

These cases will proceed against the following John Doe defendants only:
(a)
(b)

John Doe #6 in Civil Action No. 12-2084.

(c)
3.

John Doe #16 in Civil Action No. 12-2078.

John Does #1, #13, and #14 in Civil Action No. 12-2088.

These John Doe defendants will be referred to collectively as “Defendants” in this

and all future Orders.
4.

Within ten (10) days, Plaintiff shall effectuate service of the Complaint on the

Defendants and file an affidavit of service or memorandum advising the Court as to why service
has not been made on any Defendant, and how Plaintiff intends to proceed with regard to that
Defendant.
5.

Defendants shall answer, plead, or otherwise move in response to the Complaint
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within fourteen (14) days of service.
6.

The parties shall serve initial discovery requests for production of documents and

interrogatories within fourteen (14) days of service of the Complaint on a Defendant.
7.

Within fourteen (14) days of service of written discovery, the parties shall serve

any objections to the written discovery and, within seven (7) days thereafter, shall confer to
attempt to resolve objections, and discuss additional discovery requests. All parties shall answer
interrogatories and produce documents as to which there are no objections, as promptly as
possible.
8.

On November 30, 2012, at 10:00 a.m. in Courtroom 3A, the Court will hold a

Rule 16 pretrial conference with counsel and any party proceeding pro se. At least five (5) days
prior to the conference, Plaintiff shall initiate discussions with all parties as to the topics in Rule
26(f), and no later than the day prior to the conference, Plaintiff shall file a report as to those
discussions. At the conference, the Court will rule on any disputes about discovery and set
deadlines on the following:
(a)
(b)

Service of expert report(s) by Defendants.

(c)

Completion of all fact and expert discovery.

(d)

Deadline for filing dispositive motions.

(e)
9.

Service of expert report(s) by Plaintiff.

Oral argument on all outstanding motions.

The Court sets April 2, 2013 as the date for a Bellwether trial. Dates for filing

pretrial memoranda and a final pretrial conference will be scheduled.

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10.

All other proceedings in the captioned cases are STAYED pending further Order

of the Court.
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.
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