Case details

Court: mnd
Docket #: 0:12-cv-01447
Case Name: AF Holdings LLC v. Doe
PACER case #: 126521
Date filed: 2012-06-15
Date terminated: 2014-03-31
Date of last filing: 2014-03-31
Assigned to: Judge Joan N. Ericksen
Referred to: Magistrate Judge Franklin L. Noel
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
AF Holdings LLC
Plaintiff
Michael Dugas
1314 Marquette Ave. Minneapolis, MN 55403 651-503-0292 Email: Michael.K.Dugas@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul R Hansmeier
Class Action Justice Institute LLC 40 S 7th St. Suite 212-313 Minneapolis, MN 55402 612-234-5744 Email: mail@classjustice.org
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Doe
Defendant
Paul A. Duffy
Movant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-15 1 0 Complaint COMPLAINT against John Doe ( Filing fee $ 350 receipt number 4065718.) assigned to Judge Patrick J. Schiltz per Master List referred to Magistrate Judge Jeanne J. Graham, filed by AF Holdings LLC. (Attachments: # (1) Exhibits to Complaint, # (2) Civil Cover Sheet) (JMH) Document QCd on 6/19/12. (RLR) 2012-06-19 23:54:15 815c1eb4a21ed86bc8295428012642b19d8ff561
1 1 Exhibits to Complaint 2012-12-08 18:33:28 ad66f39508c5c5aed8e70b13f89eaeb71dfba8c1
1 2 Civil Cover Sheet
2012-06-19 2 0 Rule 7.1 - Disclosure Statement RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff AF Holdings LLC. (Dugas, Michael)
2012-06-19 3 0 Motion to Expedite MOTION to Expedite Discovery by AF Holdings LLC. (Dugas, Michael) Modified on 6/19/2012 (jz).
2012-06-19 4 0 Memorandum in Support of Motion MEMORANDUM in Support re [3] Ex Parte MOTION to Expedite Discovery filed by AF Holdings LLC. (Attachments: # (1) LR7.1 Word Count Compliance Certificate)(Dugas, Michael) 2012-06-20 00:21:29 af70352cf3128a8a2face2f0122256aa18910c0d
4 1
2012-06-19 5 0 Exhibit EXHIBIT re [4] Memorandum in Support of Motion by AF Holdings LLC filed by AF Holdings LLC. (Dugas, Michael) 2012-06-20 00:24:08 ef28e37608023ac5bc9926b83dc9b68e3946abb6
2012-06-19 6 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION [3] Ex Parte MOTION to Expedite Discovery : Motion Hearing set for 7/6/2012 11:00 AM in Courtroom 3B (STP) before Magistrate Judge Jeanne J. Graham. (Dugas, Michael) 2012-06-20 00:20:39 a4987e30d9851e5bbe10556575da5b69a17719f3
2012-06-25 7 0 Order ORDER OF REASSIGNMENT OF RELATED CASES that 12-cv-1447 PJS/JJG has been reassigned to Judge Joan N. Ericksen and Magistrate Judge Franklin L. Noel. Signed by Judge Joan N. Ericksen on 6/22/2012 and Judge Patrick J. Schiltz on 6/25/2012. (LJG)
2012-06-25 8 0 Notice to Attorney - Case Reassigned TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Joan N. Ericksen and Magistrate Judge Franklin L. Noel. Judge Patrick J. Schiltz, Magistrate Judge Jeanne J. Graham no longer assigned to the case. NOTE: the new case number is 12cv1447 JNE/FLN. Please use this case number for all subsequent pleadings. (LJG)
2012-06-26 9 0 Order Cancelling Deadline ORDER Cancelling Hearing. Signed by Magistrate Judge Jeanne J. Graham on 6/26/12. (RLR)
2012-07-05 10 0 Order on Motion to Expedite ORDER denying [3] Motion to expedite discovery. Signed by Magistrate Judge Franklin L. Noel on 7/3/2012. (JME) 2013-07-21 20:12:25 b9ec985b7fd60442d9d542d7ab8f2d9b4220cbd8
2012-07-05 11 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge [10] Order on Motion to Expedite by AF Holdings LLC. (Dugas, Michael) Modified event to appeal/objection on 7/6/2012 (JME). 2013-07-21 20:13:11 43083b2bc9b860dd2ac70883364ad85af55ce5d6
2012-08-03 12 0 Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge ORDER : IT IS ORDERED THAT:1.AF Holdings may immediately serve a subpoena under Rule 45 of the Federal Rules of Civil Procedure on Comcast Cable Communications LLC. The subpoena may request only the name and current address of John Doe, associated with IP address 71.63.229.55. AF Holdings shall attach a copy of this Order to the subpoena.a.Within 7 days of the receipt of the subpoena and copy of this Order, Comcast Cable Communications shall serve a copy of the subpoena and Order on John Doe. Comcast Cable Communications may effectuate service using any reasonable means, including written notice sent to John Does last known address via first-class mail.b.Within 28 days of service of the subpoena and Order on John Doe, Comcast Cable Communications or John Doe may serve and file a motion contesting the subpoena (including a motion to quash or modify the subpoena). If neither Comcast Cable Communications nor John Doe so moves to contest the subpoena, then Comcast Cable Communications shall produce the subpoenaed information within 7 days after the expiration of the 28-day period.2.Any information disclosed to AF Holdings in response to the subpoena shall be used by AF Holdings solely for the purpose of protecting its rights as set forth in its Complaint.3.If Comcast Cable Communications elects to charge for the costs of production and notification of John Doe, then it shall provide a billing summary and cost report to AF Holdings. AF Holdings and Comcast Cable Communications shall confer, if necessary, with respect to the issue of payment.4.Comcast Cable Communications shall preserve any subpoenaed information pending the resolution of any timely-filed motion contesting the subpoena.5.Within 1 day of extending any offer to settle to John Doe or having any other contact with John Doe, AF Holdings shall disclose the offer or contact to the Court by filing under seal a copy of (1) any written communication between AF Holdings and John Doe or (2) a transcript of any oral communication between AF Holdings and John Doe. Signed by Judge Joan N. Ericksen on August 3, 2012. (slf) 2012-11-01 20:45:30 5aee6b0274a57b510774a845dcc249f20ebb3efa
2012-10-02 13 0 Notice (Other) NOTICE by AF Holdings LLC re [12] Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge In Compliance with Order [12] (Attachments: # (1) Certificate of Service) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/2/12. (Dugas, Michael) Modified on 10/3/2012 (akl).
13 1 Certificate of Service
2012-10-09 14 0 Notice (Other) NOTICE by AF Holdings LLC re [12] Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge In Compliance with Order [12] (Attachments: # (1) Certificate of Service) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/10/12. (Dugas, Michael) Modified on 10/10/2012 (akl). 2012-11-01 20:50:39 24cdbb0554559cad6e4acd029907a169905850a5
14 1 Certificate of Service
2012-10-11 15 0 Notice (Other) NOTICE by AF Holdings LLC re [12] Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge, In Compliance with Order [12] (Attachments: # (1) Certificate of Service) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/11/12. (Dugas, Michael) Modified text on 10/11/2012 (jz). Modified on 10/15/2012 (akl).
2012-10-16 16 0 Notice (Other) NOTICE by AF Holdings LLC re [12] Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge In Compliance with Order [12] (Attachments: # (1) Certificate of Service) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/16/12. (Dugas, Michael) Modified on 10/17/2012 (akl).
2012-10-17 17 0 Notice (Other) NOTICE by AF Holdings LLC re [12] Order Re: Appeal/Objection of Magistrate Judge Decision to District Judge,,,,,,,, In Compliance with Order [12] (Attachments: # (1) Certificate of Service)(Dugas, Michael) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 10/17/12. (KT) 2012-10-25 17:49:30 b4f079b48efa134aa1f147d16a746da08769c0c1
17 1 Certificate of Service
2012-10-24 18 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by AF Holdings LLC (Attachments: # (1) Certificate of Service)(Dugas, Michael) 2012-10-25 17:51:57 1bf98f0bb7937da85c8606e6b8c01696698c70d9
18 1 Certificate of Service
2013-06-20 19 0 Order ORDER. Signed by Magistrate Judge Franklin L. Noel on 6/20/13. (Attachments: # (1) Attachment)(kt)DOCUMENT QC'D ON 6/27/13 LGL Modified on 6/27/2013 (LGL). 2013-06-25 20:09:17 01b99c263d1ecdce458ac217ee5bd7eec4c67a7a
19 1 Attachment
2013-06-25 20 0 Declaration DECLARATION of Michael K. Dugas re [19] Order by AF Holdings LLC . (Attachments: # (1) Certificate of Service)(Dugas, Michael) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 6/25/13 Modified on 7/1/2013 (LGL). 2013-06-25 20:08:13 b946a870e510eac2a50f0444b10235fdce3aae96
20 1 Certificate of Service
2013-07-16 21 0 Order ORDER: By order dated June 20, 2013, the Court reopened this case for the purpose of determining whether the plaintiff committed a fraud on the court. Pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.4, a case-management conference in the above-captioned matter will be held on August 5, 2013 at 3:30 p.m. before the undersigned in chambers at Suite 9W, United States Courthouse, 300 South 4th Street, Minneapolis, Minnesota. It is HEREBY ORDERED that: 1. Mr. Michael K. Dugas, an officer for the plaintiff AF Holdings LLC, an officer of Prenda Law, Inc.,1 Mr. Mark Santi, and both John Doe defendants shall appear at the conference. 2. Within three days of the date of this order, Mr. Michael K. Dugas shall file a declaration in which he declares under penalty of perjury that the individuals identified in paragraph 1 have been served with a copy of this order. In Chambers Conference set for 8/5/2013 03:30 PM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel. Signed by Magistrate Judge Franklin L. Noel on 07/16/2013. (lmb) 2013-07-16 19:11:26 daa7bb0a13ac2ef09deb1c31fd942cc3ddf59ec9
2013-07-19 22 0 Declaration DECLARATION of Michael Dugas re [21] Order by AF Holdings LLC . (Dugas, Michael) Modified text on 7/19/2013 (jz). 2013-07-19 20:52:25 b1fe32e170854d344a0df2f80a8ff52b08846b10
2013-07-29 23 0 Notice of Attorney Appearance/Substitution NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for AF Holdings LLC. (Hansmeier, Paul) 2015-03-02 16:51:01 aae19089c2368c7e3e0cde899802414fa178fe34
2013-07-29 24 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [21] Order,,,, (Hansmeier, Paul)
2013-07-29 25 0 Appeal/Objection of Magistrate Judge Decision to District Judge STRICKEN PER [33] ORDER: OBJECTION re [21] Order AND MEMORANDUM IN SUPPORT THEREOF by Paul Duffy. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C (Part 1), # (4) Exhibit C (Part 2), # (5) Exhibit D, # (6) Exhibit E, # (7) LR7.1/LR72.2 Word Count Compliance Certificate, # (8) Certificate of Service)(kt)DOCUMENT QC'D ON 7/31/13 LGL Modified on 7/31/2013 (LGL). Modified on 8/2/2013 (kt).
2013-07-30 26 0 Notice re: Non-Admitted Attorney TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Paul A. Duffy as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (kt)CC: Paul Duffy. (kt)
2013-07-30 27 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE by Michael Dugas . (Dugas, Michael)
2013-07-31 28 0 Letter From Judge LETTER from Magistrate Judge Franklin L. Noel. (cc: emailed to Dugas by Chambers) (akl)
2013-07-31 29 0 Letter From Judge DOCUMENT FILED IN ERROR-DUPLICATE ENTRY-LETTER from Magistrate Judge Franklin L. Noel. (cc: emailed to Dugas by Chambers) (akl) Modified on 7/31/2013 (akl).
2013-08-02 30 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE by Alan Cooper . (Godfread, Paul)
2013-08-02 31 0 Letter From Judge LETTER from Magistrate Judge Franklin L. Noel to Mr. Godfread. (akl)
2013-08-02 32 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE from Paul A. Duffy. (akl)DOCUMENT QC'D ON 8/6/13 LGL Modified on 8/6/2013 (LGL).
2013-08-02 33 0 Order ORDER. In light of the foregoing, it is HEREBY ORDERED that: 1. The Clerk of Court shall strike non-party Paul Duffys pro se objections (ECF No. 19 for 12-CV-1445; ECF No. 18 for 12-CV-1446; ECF No. 25 for 12-CV-1447; ECF No. 18 for 12-CV-1448; and ECF No. 39 for 12-CV-1449) from the record. 2. Paul Duffy, as an officer of Prenda Law, Inc., may appear at the case-management conference by telephone. Duffy is responsible for making all of the necessary arrangements to appear by telephone. 3. To the extent Paul Duffy, as an officer of Prenda Law, Inc., seeks to postpone the case-management conferences, that request is denied. Signed by Magistrate Judge Franklin L. Noel on 08/02/13. (TSS)
2013-08-02 34 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE by AF Holdings LLC re Attorney Santi Letter. (Hansmeier, Paul)
2013-08-05 35 0 Pretrial Conference - Initial Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Pretrial Conference held on 8/5/2013. The participants discussed the status of this case and its potential future. The participants shall notify the Court by the close of business on Friday, August 16, 2013 as to whether a future scheduling order will be required. (kt) 2013-08-06 13:58:23 600cc84dcd4af8c057d11624d302eeb3743a17f6
2013-08-16 36 0 Notice (Other) NOTICE by AF Holdings LLC of Intent to Proceed (Hansmeier, Paul) 2013-08-16 20:47:17 99305633c2766685df2a054089c72a4e2975c440
2013-08-16 37 0 Certificate of Service CERTIFICATE OF SERVICE by AF Holdings LLC re [36] Notice (Other) (Hansmeier, Paul)
2013-08-19 38 0 Notice of Withdrawal as Attorney NOTICE of Withdrawal as Attorney (Dugas, Michael)
2013-08-19 39 0 Letter to Magistrate Judge LETTER TO MAGISTRATE JUDGE in re: settlement funds. (jam) 2013-08-22 01:03:19 41ee76264a8af9573462f451c086e966b4bcff9d
2013-08-19 40 0 Order ORDER that:1. The plaintiff shall file a memorandum of law on or before August 26, 2013. 2. The Clerk of Court shall correct the docket to reflect that Mr. Michael K.Dugas remains counsel of record for the plaintiff. SEE ORDER FOR FURTHER DETAILS. Signed by Magistrate Judge Franklin L. Noel on 8/19/13. (jam)
2013-08-26 41 0 Response RESPONSE re [40] Order, filed by AF Holdings LLC. (Attachments: # (1) Exhibit(s) Steele Affidavit, # (2) Exhibit(s) Lutz Affidavit, # (3) Exhibit(s) Flesher Affidavit, # (4) Exhibit(s) Nazaire Affidavit, # (5) Exhibit(s) Goodhue Affidavit, # (6) Exhibit(s) Gibbs Dec. Declaration, # (7) Exhibit(s) Gibbs Aug. Declaration, # (8) Exhibit(s) Rogers Affidavit, # (9) Exhibit(s) Berry Affidavit)(Hansmeier, Paul)
2013-08-28 42 0 Order ORDER: 1. The Court will hold an evidentiary hearing in Courtroom 9W, U.S. Courthouse, 300 South Fourth Street, Minneapolis, MN on September 30, 2013 at 9:30am. 2. The scope of the evidentiary hearing will be limited to whether the following documents are authentic: a. The copyright-assignment agreement for "Popular Demand" dated December 20, 2011 and attached as Exhibit B to ECF No. 1 in 12-cv-1446, 12-cv-1447, and 12-cv-1449; b. The copyright-assignment agreement for "Sexual Obsession" dated June 12, 2011 and attached as Exhibit B to ECF No. 1 in 12-cv-1445 and 12-cv-1448. 3. The plaintiff, as the proponent of the documents in question, shall bear the burden of establishing that each document is authentic. See Fed. R. Evid. 901(a) ("To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponentclaims it is"). 4. Mr. Alan Cooper shall appear in person at the evidentiary hearing. 5. An officer of the plaintiff, capable of testifying as to the authenticity of each document, shall appear in person at the evidentiary hearing. 6. Mr. Paul Godfreads request to file a motion to intervene in these cases (ECF No. 18 for 12-cv-1449) for the limited purpose of challenging the authenticity of the documents described above is GRANTED. Any such motion shall be filed forthwith. Signed by Magistrate Judge Franklin L. Noel on 8/28/13. (akl)
2013-09-02 43 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [40] Order, (Attachments: # (1) Attachment Filed in Error-Exhibit(s) Declaration of Mark Lutz, # (2) LR7.1/LR72.2 Word Count Compliance Certificate)(Dugas, Michael) Modified text on 9/4/2013 (jz).
2013-09-03 44 0 Appeal/Objection of Magistrate Judge Decision to District Judge APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [42] Order,,,,,, Set Deadlines/Hearings,,,,, (Attachments: # (1) LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul)
2013-09-04 45 0 Declaration DECLARATION of Mark Lutz re [43] APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re [40] Order, by AF Holdings LLC . (Dugas, Michael)
2013-09-19 46 0 Motion to Dismiss/Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction by AF Holdings LLC. (Hansmeier, Paul) 2013-10-06 23:04:32 08f8e84fc5ea01e762ce828acdeffa00ec41315a
2013-09-19 47 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION [46] MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 11/13/2013 09:30 AM in Courtroom 12W (MPLS) before Judge Joan N. Ericksen. (Hansmeier, Paul)
2013-09-19 48 0 Memorandum in Support of Motion MEMORANDUM in Support re [46] MOTION to Dismiss for Lack of Jurisdiction filed by AF Holdings LLC. (Attachments: # (1) LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul)
2013-09-20 49 0 Motion to Intervene MOTION to Intervene by Alan Cooper. (Godfread, Paul) (Entered: 09/20/2013)
2013-09-20 50 0 Memorandum in Support of Motion MEMORANDUM in Support re 49 MOTION to Intervene filed by Alan Cooper. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Godfread, Paul) (Entered: 09/20/2013)
2013-09-20 51 0 Declaration in Support Declaration of Paul Godfread in Support of 49 MOTION to Intervene , 50 Memorandum in Support of Motion filed by Alan Cooper. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L)(Godfread, Paul) (Entered: 09/20/2013)
2013-09-20 52 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION 49 MOTION to Intervene : Motion Hearing set for 9/30/2013 09:30 AM in Courtroom 9W (MPLS) before Magistrate Judge Franklin L. Noel. (Attachments: # 1 Certificate of Service)(Godfread, Paul) (Entered: 09/20/2013)
2013-09-24 53 0 Order ORDER If no objection to the motion to intervene is filed by Friday, September 27, 2013, the motion to intervene will be granted. If an objection is filed, a hearing on the motion will be held on October 21, 2013 at 9:30 a.m. in Courtroom 9W of the Minneapolis Courthouse, 300 South Fourth Street, Minneapolis, Minnesota. Signed by Magistrate Judge Franklin L. Noel on 9/23/13. (GMW) (Entered: 09/24/2013)
55 0 Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Motion Hearing held on 9/30/2013 re 44 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 42 Order, Set Deadlines/Hearings. Order to be issued. (Court Reporter Lori Simpson) (akl) (Entered: 10/01/2013)
56 0 MOTION to Supplement Record by AF Holdings LLC. (Hansmeier, Paul) (Entered: 10/04/2013) 2015-03-03 11:24:16 19b4f19dcc3cdb5f46f530d36e35fe44a3662f44
57 0 NOTICE OF HEARING ON MOTION 56 MOTION to Supplement Record : Motion Hearing set for 11/12/2013 10:00 AM in Courtroom 9W (MPLS) before Magistrate Judge Franklin L. Noel. (Hansmeier, Paul) (Entered: 10/04/2013)
58 0 MEMORANDUM in Support re 56 MOTION to Supplement Record filed by AF Holdings LLC. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hansmeier, Paul) (Entered: 10/04/2013)
59 0 EXHIBIT re 58 Memorandum in Support of Motion by AF Holdings LLC. (Attachments: # 1 Exhibit(s) Affidavit of Kimberly Eckenrode)(Hansmeier, Paul) (Entered: 10/04/2013)