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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT INDIANA

HAMMOND DIVISION

MALIBU MEDIA, LLC, )

)

Plaintiff, ) Civil Case No. 2:13-cv-00099-RLM-JEM

)

v. )

)

JOHN DOE subscriber assigned IP address )

71.194.56.83, )

)

Defendant. )

)

REPORT OF PARTIES’ PLANNING MEETING

1. The parties conferred via electronic mail under Fed. R. Civ. P. 26(f) and agreed to

this report on October 2, 2013. Paul J. Nicoletti, Esq. participated for the Plaintiff, Malibu

Media, LLC, and J. Thomas Vetne, Esq. participated for the Defendant.

2. Jurisdiction. This Court has subject matter jurisdiction over this matter pursuant

to 28 U.S.C. § 1331 (district courts having subject matter jurisdiction over matters dealing with a

federal question) and 28 U.S.C. § 1338 (district courts having subject matter jurisdiction over

matters dealing with patents, copyrights, and trademarks).

3. Pre-Discovery Disclosures. The parties will exchange Rule 26(a)(1) information

by October 17, 2013.

4. Discovery Plan.

Discovery will be needed on all claims set forth in the complaint and all defenses set

forth in the answer.

The parties believe that all discovery proceedings can be completed by July 31, 2014.

The parties recommend the following discovery plan:

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a. The parties anticipate no more than 25 interrogatories and 10 depositions per side

including experts.

b. The parties anticipate that the length of depositions will be no longer than 7 hours.

c. The parties anticipate no more that 25 requests for production and/or requests for

admission per party.

d. The parties do not have any other recommendation for other planning or discovery

orders at this time.

The parties must disclose the identity of any Rule 26(a)(2) witness and the witness’s

written report (if applicable) by:

x February 21, 2014 for plaintiff(s);

x April 22, 2014 for defendant(s); and

x May 22, 2014 for Rule 26(e) supplements.

5. Other Items.

The last date the parties may seek permission to join additional parties and to amend the

pleadings is January 6, 2014.

The time to file Rule 26 (a)(3) pretrial disclosures will be governed by separate order.

The case should be ready for jury trial by December 2014 and at this time is expected to

take approximately four days.

6. Alternative Dispute Resolution. The parties do not wish to participate in

Alternative Dispute Resolution at this juncture. If the parties decide otherwise, they will contact

the court for a list of approved mediators.

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Respectfully submitted,

By: /s/ Paul J. Nicoletti

Paul J. Nicoletti, Esq. (P44419)

Nicoletti & Associates, PLLC

36880 Woodward Ave, Suite 100

Bloomfield Hills, MI 48304

Tel: (248) 203-7800

Fax: (248) 203-7801

Email: paul@nicoletti-associates.com

Attorneys for Plaintiff

By: /s/ J. Thomas Vetne

J. Thomas Vetne, Esq.

Jones Obenchain, LLP

202 S. Michigan St.

Post Office Box 4577

South Bend, IN 46634-4577

Tel: (574) 233-1194

E-Mail: jtv@jonesobenchain.com

Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on October 3, 2013, I electronically filed the foregoing document

with the Clerk of the Court using CM/ECF and that service was perfected on all counsel of

record and interested parties through this system.

By: /s/ Paul J. Nicoletti

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