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UNITED STATES DISTRICT COURT

OF NEW JERSEY

PATRICK COLLINS, INC.,

 

 Plaintiff,

v.

Jeff Hitchcock, Juan Dickerson, Mary Kline, 

Floyd G. Remley, and John Doe 23, and John 

Doe 33,

 Defendants.

Civil Action No. 11-cv-04203(FSH)(PS)

 

DISCOVERY PLAN

1. For each party, set forth the name of the party, attorney appearing, the firm name, address, e-mail 

address, telephone number and facsimile number.1 

Patrick Collins Inc.

Bowles Crow Lutzer & Newman LLP (Attorney for Plaintiff)

54 W. 21st St., Suite 1007

New York, NY 10010

sam@bowlescrow.com

T: 646-374-0351

F: 866-844-8305

Jonathan Z. Cohen, Esq. (Attorney for Jeff Hitchcock/John Doe 1)

Law Offices of David G. Concannon, LLC

200 Eagle Road, Suite 116

Wayne, PA 19087

jzcohen@davidconcannon.com

T: (610) 293-8084

F: (610) 293-8086

Juan Dickerson (John Doe 14)

2516 Forest Haven Blvd

Edison, NJ 08817

Mary Kline (John Doe 17)

275 Lafayette Road

Harrington Park, NJ 07640

Josh Cooper (John Doe 23)

76 Guilden Street

New Brunswick, NJ 08901

 1 Plaintiff anticipates settlements with John Does 1 and 33 prior to the status conference.

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Floyd G Remley (John Doe 38)

2189 Berkley Drive

Vineland, NJ 08361

Sean J Leong (John Doe 33, who is in the process of retaining the same counsel as John Doe 1)

1 Alexander Avenue

Montclair, NJ 07043

2. (a) Set forth a brief description of the case, including the facts, causes of action and affirmative

defenses asserted.

Plaintiff is the owner of the work, a movie, known as “Gangbanged,” for which Plaintiff has 

applied for a copyright (the “Work”). Plaintiff alleges that each Defendant used software known 

as a “BitTorrent client” to both upload and download a copy of the Work, without obtaining 

authorization from Plaintiff. Plaintiff alleges that by doing so Defendants infringed Plaintiff’s 

copyright, both directly and contributorily, in violation of federal law, including but not limited to 

17 U.S.C. § 106 and 501. 

In the Court’s Opinion and Order of January 6, 2012, the Court ordered Plaintiff to serve all 

Defendants within 90 days, resulting in a service due date of April 5, 2012. As of the date of this 

joint discovery plan, Plaintiff has not served Defendants, and Defendants have not answered, so 

affirmative defenses have yet to be asserted. However, counsel for Jeff Hitchcock (John Doe 9)

has agreed to waive service pursuant to Rule 4(d) and Plaintiff is waiting on signed waiver forms 

to file with the Court.

(b) Is this a fee-shifting case?

Yes. 

If so, set forth legal authority.

17 U.S.C. § 505. 

3. Has this action, in whole or in part, been: Settled ___X____ Discontinued ______

If yes, has there been a Stipulation/Dismissal filed?

Yes ___X__ No _____

No settlements have been reached with the current Defendants. Plaintiff has reached settlement 

with a number of prior Defendants, and stipulations of dismissal have been filed with regard to 

each Defendant that has settled. 

4. Have settlement discussions taken place? Yes __X__ No __X___

Juan Dickerson (John Doe 14), Mary Kline (John Doe 17), and Floyd G Remley (John Doe 38) –

We have been unable to make contact with these individuals or they are not interested in settling. 

Josh Cooper (John Doe 23) – Mr. Cooper has indicated that he is in the process of retaining

counsel but no contact has been made as of January 23, 2012

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Jeff Hithcock (John Doe 9) – Settlement discussions last on January 20 and 23, 2012

Sean Leong (John Doe 33) – Settlement discussions last on January 23, 2012

5. Core discovery needed to be able to discuss settlement in a meaningful way:

No further discovery needed to be able to discuss settlement in a meaningful way, though further 

issues may be raised by Defendants answers and affirmative defenses, if any. 

6. The parties [have __X___ -have not _____] exchanged the information required by Fed. R.Civ. P. 

26(a)(1). If not, state the reason.

Plaintiff has made initial Rule 26(a)(1) disclosures. Defendants have not been served with 

process, and therefore have not yet made such disclosures. 

7. Explain any problems in connection with completing the disclosures required by Fed. R.Civ. P. 

26(a)(1).

None. 

8. The parties [have __X___ -have not _____] conducted discovery other than the above disclosures. If

yes, describe.

Upon motion, Plaintiff obtained permission for third-party subpoenas to internet service 

providers, which was necessary to obtain the names and addresses of the current Defendants. No 

other discovery has taken place. 

9. The parties [have _X_ -have not __X___] met pursuant to Fed. R. Civ. P. 26(f).

(a) If not, state the reason therefor.

As noted above, Plaintiff has not yet served Defendants. However, Plaintiff has submitted this 

plan to all of the remaining defendants. Plaintiff has incorporated the edits from counsel for Jeff 

Hitchcock (John Doe 9). 

Plaintiff intends to meet with Defendants or their counsel once they have been served and/or 

identified. 

(b) If so, state the date of the meeting and the persons in attendance.

Plaintiff had a telephone conversation and exchanged emails with counsel for Jeff Hitchcock 

(John Doe 9) as of January 23, 2012 regarding the contents of this plan.

(c) If this is not a joint plan, set forth the reason.

Defendants have not yet been served, and therefore this plan is proposed by Plaintiff and accepted

only by counsel for Jeff Hitchcock (John Doe 9). 

10. (a) Discovery is needed on the following subjects:

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The circumstances of any infringement by Defendants, including but not limited to the device(s), 

time, and location of any actions taken by Defendants, and the identity of persons with access to 

such devices. Discovery should be minimal.

Reliability of Plaintiff's alleged methods for identifying Defendants by IP address. 

(b) Discovery [should _____ -should not __X___] be conducted in phases or be limited to particular 

issues. If phased discovery is proposed, set forth the reason.

(c) Maximum of 10 interrogatories by each party to each other party.

(d) Deadline to serve interrogatories and document demands: May 4, 2012. 

(e) Maximum of 3 depositions to be taken by each party.

(f) Motions to amend or to add parties to be filed by July 3, 2012. 

(g) Fact discovery to be completed by August 3, 2012. 

(h) Affirmative expert report (if needed) due on September 3, 2012. 

(i) Responsive expert report (if needed) due on October 3, 2012. 

(j) Expert depositions to be completed by November 2, 2012. (If there is a need for a liability

expert and it is necessary to defer the completion of expert discovery beyond the fact

discovery deadline, set forth the reason.)

Plaintiff anticipates a liability expert to the extent any Defendant disputes that he or she is the 

alleged infringer. 

(k) Dispositive motions to be served within 30 days of completion of discovery.

(l) The settlement conference may take place on May 4, 2012. 

(m) The final conference may take place on November 9, 2012. 

11. Do you anticipate any discovery issues, challenges or problems? Yes ____ No __X__

If yes, explain.

12. Do you anticipate any special discovery needs (i.e., videotape/telephone depositions; foreign evidence 

collection; problems with out-of-state witnesses or documents, etc.)? Yes _____ No __X___

If yes, explain.

13. Set forth any special discovery mechanism or procedure requested, including data preservation orders 

or discovery confidentiality orders: 

Plaintiff may request an order preserving the electronic devices used by Defendants in the abovedescribed infringement. 

14. a. Do you anticipate any issues about discovery of electronically stored information, including form of 

production? Yes ______ No ___X____ If yes, explain._____________________

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