Case details

Court: flmd
Docket #: 8:14-cv-02138
Case Name: Malibu Media, LLC v. Doe
PACER case #: 301560
Date filed: 2014-08-29
Date terminated: 2015-11-17
Date of last filing: 2015-11-16
Assigned to: Judge Virginia M. Hernandez Covington
Referred to: Magistrate Judge Mark A. Pizzo
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
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
LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

John Doe
Defendant
subscriber assigned IP address 96.252.235.193 TERMINATED: 02/04/2015
William Sharp
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
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Verizon Online LLC
Third Party Custodian
Eric S. Adams
Shutts & Bowen, LLP 4301 W Boy Scout Blvd Ste 300 Tampa, FL 33607-5716 813/227-8122 Fax: 813/227-8222 Email: eadams@shutts.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-08-29 1 0 Complaint COMPLAINT against John Doe with Jury Demand (Filing fee $ 400 receipt number TPA-25410) filed by Malibu Media, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(LSS) (Entered: 09/02/2014) 2015-10-21 13:42:46 74fa7b1e6f756c6b5e5db7afffbe53bb075b674d
1 1 Civil Cover Sheet
1 2 Exhibit A
1 3 Exhibit B
2014-08-29 2 0 Copyright Report Copyright Report sent to Washington. (Attachments: # 1 Complaint) (LSS) (Entered: 09/02/2014)
2014-09-04 3 0 Notice of designation of track NOTICE of designation under Local Rule 3.05 - Track 2 (ANB) (Entered: 09/04/2014)
2014-09-12 4 0 Notice of pendency of related cases NOTICE of pendency of related cases re 3 Notice of designation of track per Local Rule 1.04(d) by Malibu Media, LLC. Related case(s): Yes (Lipscomb, M.) (Entered: 09/12/2014) 2015-04-29 18:36:01 11f51689315aeb917ae1433bc881f51c13f92c45
2014-09-22 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 of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Lipscomb, M.) (Entered: 09/22/2014)
2014-09-22 6 0 Corporate Disclosure Statement CORPORATE Disclosure Statement by Malibu Media, LLC. (Lipscomb, M.) (Entered: 09/22/2014)
2014-09-29 7 0 Order on Motion for Miscellaneous Relief ORDER granting 5 Motion for leave to serve a non-party subpoena prior to a Rule 26(f) conference. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 9/29/2014. (ACS) (Entered: 09/29/2014)
2014-12-02 8 0 Order ENDORSED ORDER: Plaintiff initiated this action on August 29, 2014. 1 . A review of the file reveals that Plaintiff has yet to effect service of the summons and the complaint upon Defendant. Accordingly, Plaintiff has until and including December 5, 2014, to provide this Court with a status report of this action, including what efforts have been made to serve Defendant. Signed by Judge Virginia M. Hernandez Covington on 12/2/2014. (KNC) (Entered: 12/02/2014)
2014-12-01 9 0 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Answer re 1 Complaint by John Doe. (AG) (Entered: 12/03/2014) 2015-03-03 18:39:01 1087d4367f3e12520bc2c27b926c719424dab25b
2014-12-04 10 0 Order on motion for extension of time to answer ORDER: Defendant John Doe's Motion for Extension of Time 9 is GRANTED to the extent that Defendant has until and including January 9, 2015, to retain counsel authorized to practice before this Court and to file a response to Plaintiff's Complaint. If Defendant fails to comply with this Order, Defendant will be poised for the entry of Clerk's default against it upon an appropriate motion by Plaintiff. Signed by Judge Virginia M. Hernandez Covington on 12/4/2014. (KNC) (Entered: 12/04/2014)
2014-12-05 11 0 Status report STATUS report by Malibu Media, LLC. (Lipscomb, M.) (Entered: 12/05/2014)
2015-01-14 12 0 Order ENDORSED ORDER: On December 4, 2014, this Court granted pro se Defendant John Doe's Motion for Extension of Time to the extent that Defendant had until January 9, 2015, to retain counsel authorized to practice before this Court and to file a response to Plaintiff Malibu Media's Complaint. 10 . At this time, Defendant has not retained requisite counsel to file a response to Plaintiff's Complaint. Thus, Plaintiff has until and including January 16, 2015, to provide this Court with a status report of this action. Signed by Judge Virginia M. Hernandez Covington on 1/14/2015. (KNC) (Entered: 01/14/2015)
2015-01-15 13 0 Motion for Miscellaneous Relief First MOTION for miscellaneous relief, specifically for Entry of an Order Directing Non-Party Verizon FIOS to Disclose Defendant's Identity as Required by the Previously Issued Rule 45 Subpoena by Malibu Media, LLC. (Lipscomb, M.) (Entered: 01/15/2015)
2015-01-16 14 0 Status report STATUS report by Malibu Media, LLC. (Lipscomb, M.) (Entered: 01/16/2015) 2015-03-03 18:32:57 749c86ea8c8c1beb5bbed431725586b098b9a433
2015-01-20 15 0 Order on Motion for Miscellaneous Relief ORDER granting 13 Plaintiff's motion for entry of an order directing Verizon FiOS to disclose Defendant's identity. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 1/20/2015. (ACS) (Entered: 01/20/2015)
2015-02-04 16 0 Amended Complaint AMENDED COMPLAINT against William Sharp with Jury Demand. filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Summons)(Lipscomb, M.) (Entered: 02/04/2015)
16 1 Exhibit A
16 2 Exhibit B
16 3 Proposed Summons
2015-02-05 17 0 Order ENDORSED ORDER: On February 4, 2015, Plaintiff filed an Amended Complaint setting forth the named Defendant in this action. 16 . At this time, however, Plaintiff has not effected service upon Defendant within 120 days after the filing of the complaint as required by Rule 4(m), Federal Rules of Civil Procedure. Nonetheless, as Plaintiff recently obtained Defendant's identity, this Court finds good cause to grant Plaintiff a brief extension in which to effect service upon Defendant. Accordingly, Defendant has until and including March 9, 2015, to effect service of the summons and Amended Complaint on Defendant. Signed by Judge Virginia M. Hernandez Covington on 2/5/2015. (KNC) (Entered: 02/05/2015)
2015-02-06 18 0 Summons issued SUMMONS issued as to William Sharp. (KMB) (Entered: 02/06/2015)
2015-02-27 19 0 Summons returned executed RETURN of service executed on February 18, 2015 by Malibu Media, LLC as to William Sharp. (Lipscomb, M.) (Entered: 02/27/2015)
2015-03-03 20 0 Answer to amended complaint ANSWER and affirmative defenses with Jury Demand to 16 Amended Complaint by William Sharp.(Conlin, Cynthia) (Entered: 03/03/2015)
2015-03-03 21 0 Notice of hearing NOTICE of Hearing: Case Management Hearing set for 3/19/2015 at 9:30 AM 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: 2138 followed by the # (pound) key. This conference call will be activated at 9:25 AM so the conference may start promptly at 9:30 AM. 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. (KNC) (Entered: 03/03/2015)
2015-03-05 22 0 Certificate of interested persons and corporate disclosure statement CERTIFICATE of interested persons and corporate disclosure statement by William Sharp. (Conlin, Cynthia) (Entered: 03/05/2015)
2015-03-13 23 0 Notice of rescheduling hearing (time only) NOTICE RESCHEDULING HEARING: The Case Management Hearing currently scheduled for 3/19/2015 at 9:30 AM is hereby rescheduled as to time ONLY. The Case Management Hearing is rescheduled for 3/19/2015 at 8:45 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Out of town counsel may appear by telephone in compliance with this Court's March 3, 2015, Order. 21 .(KNC) (Entered: 03/13/2015)
2015-03-18 24 0 Case Management Report CASE MANAGEMENT REPORT. (Lipscomb, M.) (Entered: 03/18/2015)
2015-03-18 25 0 Notice of appearance NOTICE of Appearance by Jason Harris Cooper on behalf of Malibu Media, LLC (Cooper, Jason) (Entered: 03/18/2015)
2015-03-19 26 0 Case management and scheduling order CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 5/12/2016 at 9:00 AM before Judge Virginia M. Hernandez Covington, Jury Trial set for 6/6/2016 at 9:00 AM before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 11/6/2015. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 3/19/2015. (KNC) (Entered: 03/19/2015)
2015-03-19 27 0 Miscellaneous Hearing MINUTE ENTRY Proceedings held before Judge Virginia M. Hernandez Covington: CASE MANAGEMENT HEARING held on 3/19/2015. Court Reporter: Scott N. Gamertsfelder (JLW) (Entered: 03/20/2015)
2015-04-09 28 0 Notice of selection of mediator NOTICE OF SELECTION of Gregg D. Thomas as mediator by Malibu Media, LLC. (Attachments: # 1 Proposed Order Scheduling Mediation)(Lipscomb, M.) (Entered: 04/09/2015)
2015-04-10 29 0 Order appointing imediator ORDER appointing Gregg D. Thomas as mediator in this action. The mediation is scheduled to occur on September 25, 2015. See Order for details. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 4/10/2015. (KNC) (Entered: 04/10/2015)
2015-04-13 30 0 Notice (Other) NOTICE by Gregg D. Thomas re 29 Order appointing imediator (Thomas, Gregg) (Entered: 04/13/2015)
2015-04-20 31 0 Certificate of interested persons and corporate disclosure statement CERTIFICATE of interested persons and corporate disclosure statement re 26 Case management and scheduling order by Malibu Media, LLC. (Lipscomb, M.) (Entered: 04/20/2015)
2015-06-01 32 0 Motion for Extension of Time to Complete Discovery Unopposed MOTION for Extension of Time to Complete Discovery by William Sharp. (Conlin, Cynthia) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 06/01/2015)
2015-06-01 33 0 Order on Motion for Extension of Time to Complete Discovery ORDER denying as moot 32 Defendant's unopposed Motion for Extension of Time to Complete Discovery. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 6/1/2015. (ACS) (Entered: 06/01/2015)
2015-06-29 34 0 Motion to extend time MOTION to extend time to Respond to Defendant's Discovery Requests by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order)(Lipscomb, M.) (Entered: 06/29/2015)
2015-06-30 35 0 Order on motion to extend time ENDORSED ORDER granting 34 Plaintiff's Motion to extend time to respond to Defendant's discovery requests. Plaintiff is granted an extension until July 7, 2015. Signed by Magistrate Judge Mark A. Pizzo on 6/30/2015. (ACS) (Entered: 06/30/2015)
2015-07-31 36 0 Motion to extend time MOTION to extend time to Serve Expert Witness Reports and Incorporated Memorandum of Law by Malibu Media, LLC. (Attachments: # 1 Exhibit A)(Lipscomb, M.) (Entered: 07/31/2015)
2015-08-03 37 0 Order on motion to extend time ENDORSED ORDER denying without prejudice Plaintiff's Motion for Extension of Time Within Which to Serve Expert Reports 36 for failure to comply with Local Rule 3.01(g). 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." Plaintiff's counsel's representation that it "attempted to confer with defense counsel through e-mail in a good faith effort to resolve the issues raised in this Motion. However, as of the time of this filing, defense counsel has not responded because she is out of the country" is insufficient to satisfy Local Rule 3.01(g). Plaintiff may re-file this Motion once counsel has complied with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 8/3/2015. (NM) (Entered: 08/03/2015)
2015-08-27 38 0 Motion to extend time MOTION to extend time to 10/26/2015 to Serve Expert Reports and Incorporated Memorandum of Law by Malibu Media, LLC. (Attachments: # 1 Text of Proposed Order on Plaintiff's Motion for Extension of Time Within Which to Serve Expert Reports and Incorporated Memorandum of Law)(Lipscomb, M.) (Entered: 08/27/2015)
2015-08-31 39 0 Notice of appearance NOTICE of Appearance by Daniel Shatz on behalf of Malibu Media, LLC (Shatz, Daniel) (Entered: 08/31/2015)
2015-08-31 40 0 Motion for Discovery MOTION for Discovery Third Party Subpoena - Verizon by Malibu Media, LLC. (Attachments: # 1 Exhibit Proposed Subpoena, # 2 Exhibit Proposed Order)(Shatz, Daniel) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 08/31/2015)
2015-08-31 41 0 Notice of appearance NOTICE of Appearance by Emilie Marie Kennedy on behalf of Malibu Media, LLC (Kennedy, Emilie) (Entered: 08/31/2015)
2015-09-08 42 0 Order on motion for discovery ORDER denying as moot 40 Plaintiff's motion for entry of an order authorizing plaintiff to serve a third party subpoena on Verizon. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 9/8/2015. (ACS) (Entered: 09/08/2015)
2015-09-08 43 0 Order on motion to extend time ENDORSED ORDER granting in part 38 Plaintiff's Motion for Extension of Time Within Which to Serve Expert Reports. The Court acknowledges that Plaintiff's 3.01(g) certification indicates the motion is opposed. However, the Court finds that Plaintiff has established good cause for the extension request and grants the motion to the extent that Plaintiff may serve the expert report on or before September 28, 2015. Defendant may serve the expert report on or before October 29, 2015. All other deadlines contained within the Case Management and Scheduling Order, including the October 30, 2015, dispositive motions deadline, 28 remain in place. Signed by Judge Virginia M. Hernandez Covington on 9/8/2015. (NM) Modified on 9/10/2015 to embolden entry (BMW). (Entered: 09/08/2015)
2015-09-21 44 0 Motion to Compel MOTION to Compel Production of Defendant's External Hard Drives for Imaging by Malibu Media, LLC. (Attachments: # 1 Exhibit Discovery Responses)(Shatz, Daniel) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 09/21/2015)
2015-09-22 45 0 Notice (Other) NOTICE by Malibu Media, LLC re 44 MOTION to Compel Production of Defendant's External Hard Drives for Imaging of Conferral (Shatz, Daniel) (Entered: 09/22/2015)
2015-09-22 46 0 Motion to Quash MOTION to quash 9/21/15 Subpoena on Verizon , MOTION for protective order against information protected by Cable Act by William Sharp. (Attachments: # 1 Exhibit Exh. 1 - 9/8/15 email regarding subpoena, # 2 Exhibit Exh. 2 - 9/21/15 Subponea (w. email serving doc))(Conlin, Cynthia) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 09/22/2015)
46 1 Exhibit Exh. 1 - 9/8/15 email regarding subpoena
46 2 Exhibit Exh. 2 - 9/21/15 Subponea (w. email serving doc)
2015-09-23 47 0 Order on Motion to Quash ORDER ruling deferred 46 Defendant's Motion to Quash and for a Protective Order. Plaintiff is directed to respond to the motion by Wednesday, September 30, 2015. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 9/23/2015. (ACS) (Entered: 09/23/2015)
2015-09-23 48 0 Motion to Compel MOTION to Compel Plaintiff's Responses to Defendant's Request for Production by William Sharp. (Attachments: # 1 Exhibit 7/29/15 Letter re. discovery)(Conlin, Cynthia) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 09/23/2015)
2015-09-23 49 0 Motion to Compel MOTION to Compel Plaintiff's Responses to Defendant's Interrogatories by William Sharp. (Attachments: # 1 Exhibit 7/28/15 Letter re. discovery)(Conlin, Cynthia) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 09/23/2015)
2015-09-28 50 0 Motion to extend time Second MOTION to extend time to Serve Expert Reports by Malibu Media, LLC. (Shatz, Daniel) (Entered: 09/28/2015)
2015-09-29 51 0 Response in Opposition to Motion RESPONSE in Opposition re 50 Second MOTION to extend time to Serve Expert Reports filed by William Sharp. (Conlin, Cynthia) (Entered: 09/29/2015)
2015-09-30 52 0 Order no pdf ENDORSED ORDER: The parties were scheduled to mediate this case on September 25, 2015, before Gregg D. Thomas. In accordance with the Case Management and Scheduling Order 26 , Section IV, Paragraph G, a written mediation report stating whether all required parties were present, whether the case settled, and whether the mediator was forced to declare an impasse, was to be filed within twenty-four hours of the mediation conference. To date no such report has been filed. Therefore, the parties are directed to advise the Court as to the status of the mediation on or before October 1, 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 9/30/2015. (NM) (Entered: 09/30/2015)
2015-09-30 53 0 Memorandum in opposition MEMORANDUM in opposition re 46 Motion to QuashMotion for protective order filed by Malibu Media, LLC. (Shatz, Daniel) (Entered: 09/30/2015) 2015-10-07 13:01:41 428b86fe3d8c7aede22463388d448a11bf17f1d7
2015-09-30 54 0 Motion for Sanctions MOTION for sanctions by William Sharp. (Attachments: # 1 Exhibit Plaintiff's Response to Defendant's Requests for Production of Documents, # 2 Exhibit Declaration of Michael Patzer)(Conlin, Cynthia) (Entered: 09/30/2015) 2015-09-30 22:10:58 7f3c113dd462b8d7dfe60e13f121d1b4b1786817
54 1 Exhibit Plaintiff's Response to Defendant's Requests for Production of
54 2 Exhibit Declaration of Michael Patzer 2015-09-30 23:26:36 7a051f85e0cbfeaa7cd572c1a373bac77acda90a
2015-09-30 55 0 Motion to extend time MOTION to extend time to Complete Discovery by Malibu Media, LLC. (Shatz, Daniel) (Entered: 09/30/2015)
2015-09-30 56 0 Motion to Compel MOTION to Compel Hard Drive Production by Malibu Media, LLC. (Attachments: # 1 Exhibit Expert Declaration)(Shatz, Daniel) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 09/30/2015)
2015-09-30 57 0 Motion to Compel [TERMINATED] Amended MOTION to Compel Interrogatory Answers by William Sharp. (Conlin, Cynthia) Motions referred to Magistrate Judge Mark A. Pizzo. NOTE: filed in error, corrected Motion filed at doc. 58. Modified on 10/1/2015 (LD). (Entered: 09/30/2015)
2015-09-30 58 0 Motion to Compel Amended MOTION to Compel Interrogatory Answers (Corrected - Takes the place of Doc. 57 which was filed in Error) by William Sharp. (Conlin, Cynthia) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 09/30/2015)
2015-10-01 59 0 NOTICE by Malibu Media, LLC re 52 Order no pdf (Shatz, Daniel) (Entered: 10/01/2015)
2015-10-02 60 0 MOTION to extend time to Conduct Mediation by Malibu Media, LLC. (Shatz, Daniel) (Entered: 10/02/2015)
2015-10-02 61 0 NOTICE to the Courts to take judicial notice regarding 46 MOTION to quash 9/21/15 Subpoena on Verizon MOTION for protective order against information protected by Cable Act OF VERIZON OBJECTIONS TO PLAINTIFF'S SUBPOENA by William Sharp. (Attachments: # 1 Exhibit Verizon Objections)(Conlin, Cynthia) (Entered: 10/02/2015)
2015-10-02 62 0 NOTICE by Malibu Media, LLC re 53 Memorandum in opposition, 46 MOTION to quash 9/21/15 Subpoena on Verizon MOTION for protective order against information protected by Cable Act Supplemental Authority (Attachments: # 1 Exhibit Order in Related Case)(Shatz, Daniel) (Entered: 10/02/2015)
2015-10-02 63 0 ENDORSED ORDER ruling deferred 60 Motion to extend time. The Defendant is ordered to respond, specifically addressing the allegations raised by Plaintiff, by October 7, 2015. The Court takes this opportunity to remind counsel that if they change the date of the mediation, even if both sides agree and the mediator agrees, they are still required to notify the Court. That did not occur in this case and the Court had no idea that mediation had been cancelled until it asked the parties to provide a status. As the parties understand, conducting mediation past the current deadline requires an order of the Court. Signed by Judge Virginia M. Hernandez Covington on 10/2/2015. (Covington, Virginia) (Entered: 10/02/2015)
2015-10-03 64 0 RESPONSE in Opposition re 44 MOTION to Compel Production of Defendant's External Hard Drives for Imaging filed by William Sharp. (Attachments: # 1 Exhibit Email from Attorney Shatz, # 2 Exhibit Order in other MDFL case, # 3 Exhibit Order in SDFL case)(Conlin, Cynthia) (Entered: 10/03/2015)
64 1 Exhibit Email from Attorney Shatz
64 2 Exhibit Order in other MDFL case
64 3 Exhibit Order in SDFL case
2015-10-05 65 0 MOTION for protective order , MOTION to quash RULE 45 SUBPOENA TO VERIZON ONLINE LLC by Verizon Online LLC. (Adams, Eric) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 10/05/2015) 2015-10-07 13:03:09 7d725c8ebe7f825c5bc95550ee67f5e425aac678
2015-10-05 66 0 DECLARATION of N. SCHMIDT re 65 MOTION for protective order MOTION to quash RULE 45 SUBPOENA TO VERIZON ONLINE LLC by Verizon Online LLC. (Attachments: # 1 Exhibit A)(Adams, Eric) (Entered: 10/05/2015)
2015-10-05 67 0 DECLARATION of B. FOX re 65 MOTION for protective order MOTION to quash RULE 45 SUBPOENA TO VERIZON ONLINE LLC by Verizon Online LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Adams, Eric) (Entered: 10/05/2015) 2015-10-07 13:34:03 34231784264f88f545adbe17cd310c5f4f203653
67 1 Exhibit A
67 2 Exhibit B
2015-10-05 68 0 RESPONSE in Opposition re 60 MOTION to extend time to Conduct Mediation filed by William Sharp. (Conlin, Cynthia) (Entered: 10/05/2015)
2015-10-06 69 0 ENDORSED ORDER granting 55 Motion to extend time. The Court imposes these new deadlines--January 12, 2016, dispositive motion deadline; December 11, 2015, discovery deadline; December 18, 2015, mediation deadline. These deadlines will not be extended again. Thus, if defendant is undergoing surgery, he needs to either make himself available now or make certain that he has enough time to recover before mediation is rescheduled. The parties need to also consult and make certain that the selected mediator is available. In other words, no excuses will be accepted. In reviewing the docket the Court is concerned that discovery has not been as forthcoming as it should have been but that also the parties have not been as diligent as they should have been in pursuing discovery. However, the Court leaves the resolution of specific discovery matters in the hands of the magistrate judge to whom they have been referred. Similarly, the resolution of issues with the expert reports is also before the magistrate judge. The Court has granted this generous extension of time with the understanding that no further extensions of time for any reason will be granted. So, the parties need to move forward with that understanding and be as cooperative as possible so that the case can be either resolved or be ready for trial. After consulting with defense counsel, and the mediator, counsel for plaintiff shall file a notice by October 13, 2015, as to when the mediation will be taking place. Signed by Judge Virginia M. Hernandez Covington on 10/6/2015. (Covington, Virginia) (Entered: 10/06/2015)
2015-10-06 70 0 ENDORSED ORDER granting 60 Motion to extend time. The mediation deadline is extended to December 18, 2015. Signed by Judge Virginia M. Hernandez Covington on 10/6/2015. (Covington, Virginia) (Entered: 10/06/2015)
2015-10-06 71 0 RESPONSE in Opposition re 55 MOTION to extend time to Complete Discovery filed by William Sharp. (Attachments: # 1 Exhibit Email thread)(Conlin, Cynthia) (Entered: 10/06/2015)
71 1 Exhibit Email thread