Andersen v. Does
| New York Eastern District Court | |
| Judge: | Nicholas G Garaufis |
| Referred: | Vera M Scanlon |
| Case #: | 1:14-cv-05518 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:101 Copyright Infringement |
| Case Filed: | Sep 19, 2014 |
| Terminated: | May 20, 2015 |
| Last checked: Thursday May 14, 2015 3:48 AM EDT |
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Defendant
John Does
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Plaintiff
Shahn Christian Andersen
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Represented By
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| Docket last updated: 09/18/2026 11:59 PM EDT |
| Thursday, May 21, 2015 | ||
| 13 | 13
notice
Notice of Report on Copyright AO121
Thu 05/21 9:59 AM
Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Rocco, Christine) |
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Att: 1
Notice of voluntary dismissal
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| Wednesday, May 20, 2015 | ||
| 12 | 12
order
Order Dismissing Case
Wed 05/20 11:40 AM
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(i) without prejudice against defendants JOHN DOES 1-20. So Ordered by Judge Nicholas G. Garaufis on 5/19/2015. (Lee, Tiffeny) |
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| Friday, May 15, 2015 | ||
| 11 | 11
notice
Notice of Voluntary Dismissal
Fri 05/15 1:00 PM
NOTICE of Voluntary Dismissal by Shahn Christian Andersen (Mercer, Justin) |
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| 10 | 10
order
Status Report Order Scheduling Order 1 - Terminate Deadlines and Hearings
Fri 05/15 12:56 PM
STATUS REPORT ORDER, SCHEDULING ORDER: The 5/15/2015 conference did not occur because counsel failed to appear. The failure to comply with Court Orders may result in sanctions. On or before 5/22/2015, Plaintiff's counsel must file a status report letter as to their nonappearance. An in-person Status Conference is set for 6/2/2015 at 12:15 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to serve this Order and its attachment on all Parties who have been served, and must file an affidavit of service by 5/20/2015. Plaintiff's counsel is to file the return of summonses/subpoenas by 5/29/2015. Ordered by Magistrate Judge Vera M. Scanlon on 5/15/2015. (Rice, Liane) |
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| Friday, March 06, 2015 | ||
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order
Scheduling Order
Fri 03/06 11:44 AM
ORDER granting Plaintiff's request at9 for a 60-day extension of the service deadline given that Plaintiff is expecting further responses from third party subpoenas that will help him to identify the John Doe Defendants. On or before 5/8/2015, Plaintiff must effect service. An In-Person Conference is set for 5/15/2015 at 09:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 3/6/2015. (Lozar, Ryan) |
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| Monday, March 02, 2015 | ||
| 9 | 9
misc
Status Report
Mon 03/02 8:15 PM
STATUS REPORT Letter directed to Magistrate Judge Vera M. Scanlon by Shahn Christian Andersen (Lin, David) |
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| Monday, January 26, 2015 | ||
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order
Status Report Order
Mon 01/26 4:01 PM
STATUS REPORT ORDER: Plaintiff must file a status report letter on or before 3/2/2015. Ordered by Magistrate Judge Vera M. Scanlon on 1/26/2015. (Scanlon, Vera) |
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| Monday, November 24, 2014 | ||
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order
Order on Motion for Pre Motion Conference
Mon 11/24 11:03 PM
MEMORANDUM AND ORDER. Granting in part and denying in part Plaintiffs motion at6 , supplemented at8 , for expedited discovery identifying John Does 1-20. Plaintiff is only authorized to serve the proposed subpoena with the modifications required by this Order. First, Plaintiff must change the return date on the attached subpoena to a date that is 70 days later than the actual service date of the subpoena because, as explained below, I grant John Does 1-20 70 days to contest the subpoena. It is hereby ORDERED that Plaintiff is allowed to conduct discovery on the domain-name registrars, Web site hosting companies and registrant privacy company (collectively "company subjects") with a subpoena under Federal Rule of Civil Procedure 45 seeking information sufficient to identify each Doe Defendant, including name, current and permanent mailing address and e-mail address (but not phone number, unless that is the only contact information the company subjects have). See Arista Records, LLC v. Doe 3 , 604 F.3d 110, 113 (2d Cir. 2010) (discussing the lower courts imposition of a waiting period on the authorization of a third-party ISP subpoena so that the Doe Defendants could move to quash the subpoena in the event they wished to argue a First Amendment right to anonymous speech); Malibu Media LLC v. John Does 1-11 , No. 12 Civ. 3810 (ER), 2013 WL 3732839, at *2 (S.D.N.Y. July 16, 2013) (noting the court's authorization of the plaintiff's service of a subpoena upon an ISP before a FRCP 26 conference in pursuit of the defendants' identities, with certain controls to provide the Doe Defendants with privacy safeguards); North Jersey Media Grp., Inc. v. Doe Nos. 1-5 , No. 12 Civ. 6152 (VM) (KNF), 2012 WL 5899331, at *1 (S.D.N.Y. Nov. 26, 2012) (same); Third Degree Films Inc. v. Does 1-217 , No. 11 Civ. 7564 (KBF) (S.D.N.Y. Nov. 16, 2011) (granting the plaintiff's motion for leave to take discovery prior to FRCP 26 conference). The subpoena shall have a copy of this Order attached. IT IS FURTHER ORDERED that Plaintiff shall immediately serve a copy of this Order on the company subjects served with the subpoena, and that the company subjects shall serve a copy of this Order on the Does 1-20 with which the company subject has a particular relationship. See Arista , 604 F.3d at 113 (observing that the lower court ordered a third party ISP to notify each Doe Defendant that it intends to disclose the requested information to the plaintiffs and to include a copy of the subpoena). The company subjects may serve Does 1-20 using any reasonable means, including written notice sent to their last known address, transmitted either by first-class mail or via overnight service. The company subjects must serve Does 1-20 within 10 days of receiving from Plaintiff the subpoena and this Order. IT IS FURTHER ORDERED that Does 1-20 shall have 60 days from the date of service of this Order upon him or her to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. See Malibu Media , 2013 WL 3732839, at *2 (discussing similar procedure and noting various motions or objections that the Doe Defendants could conceivably wish to raise during the 60-day period). The company subjects may not turn over Does 1-20's identifying information to Plaintiff before the expiration of the 70-day period. Id. Additionally, if a Defendant or company subject files a motion to quash the subpoena, the company subjects may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an Order instructing the company subjects to resume in turning over the requested discovery. IT IS FURTHER ORDERED that if the 70-day period lapses without a Doe Defendant or company subject contesting the subpoena, the company subjects shall have 10 days to produce the information responsive to the subpoena to Plaintiff. A Doe Defendant or company subject who moves to quash or modify the subpoena, or to proceed anonymously, shall at the same time as his or her filing also notify all company subjects so that the company subjects are on notice not to release any of the Doe Defendant's contact information to Plaintiff until the Court rules on such motions. IT IS FURTHER ORDERED that each subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely motion to quash. IT IS FURTHER ORDERED that a subject company that receives a subpoena pursuant to this Order shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. A company subject that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that any information ultimately disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting its rights as set forth in its Complaint. The Court declines to decide whether permissive joinder is appropriate at this time but will examine this issue after it has been fully briefed. Ordered by Magistrate Judge Vera M. Scanlon on 11/24/2014. (Lozar, Ryan) |
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| Wednesday, November 19, 2014 | ||
| 8 | 8
misc
Letter
Wed 11/19 4:59 PM
Letter to Magistrate Judge Scanlon from David D. Lin, Esq. dated 11/19/2014, pursuant to Order dated 11/14/2014 by Shahn Christian Andersen (Mercer, Justin) |
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| Friday, November 14, 2014 | ||
| STATUS REPORT ORDER: On or before 11/19/2014, as discussed on the record, Plaintiff is to submit a proposed subpoena and list of parties to which the Plaintiff wishes to sent the subpoena. Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2014. (Priftakis, Tina) | ||
| Monday, October 27, 2014 | ||
| SCHEDULING ORDER: An In-Person Status Conference is set for 11/14/2014 at 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The Plaintiff can expect to discuss his Motion for Expedited Discovery with the Court. Ordered by Magistrate Judge Vera M. Scanlon on 10/27/2014. (Lozar, Ryan) | ||
| Wednesday, October 15, 2014 | ||
| 7 | 7
ORDER re6 Letter MOTION for pre motion conference to seek expedited discovery identifying John Does 1-20 filed by Shahn Christian Andersen. Plaintiff's request is respectfully REFERRED to Magistrate Judge Vera M. Scanlon for decision, pursuant to 28 U.S.C. § 636(b)(l)(A) and Federal Rule of Civil Procedure 72(a). So Ordered by Judge Nicholas G. Garaufis on 10/8/2014. (Lee, Tiffeny)
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| Thursday, September 25, 2014 | ||
| 6 | 6
Letter MOTION for pre motion conference to seek expedited discovery identifying John Does 1-20 by Shahn Christian Andersen. (Lin, David)
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| 5 | 5
NOTICE of Appearance by David Dong Ann Lin on behalf of Shahn Christian Andersen (aty to be noticed) (Lin, David)
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| Monday, September 22, 2014 | ||
| 4 | 4
Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Rocco, Christine)
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Att: 1
complaint
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| 3 | 3
Summons Issued as to John Does. (Davis, Kimberly)
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| 2 | 2
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. (Davis, Kimberly) | ||
| This attorney case opening filing has been checked for quality control. The following corrections were made: None. (Davis, Kimberly) | ||
| Friday, September 19, 2014 | ||
| 1 | 1
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-7211801 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Shahn Christian Andersen. (Mercer, Justin)
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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