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TRANSCRIPT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Case 2:12-cv-02144-GMS
INDEX OF EXHIBITS
Exhibit Description
H Notice to Mr. Goodhue stating the condition for the meeting.
I Notice to Mr. Goodhue postponing the meeting.
J Joint Case Management Report (six pages).
K Email containing Mr. Goodhue’s proposed CMR.
L Plaintiff’s initial disclosure.
M Prenda not in good standing.
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liiJail.com II II <[email protected]>
Subject: 12-o2144
From: [email protected] To: Mr. Goodhue Date: 12/15112 01:42PM
Mr. Goodhue, Sir, with all due respect, your case management report is
absurd. Do you really think that I am going to sign a alurt document stating facts that are in dispute? I am not admitting that you have subject matter jurisdiction when I am disputing that very fact. Nor am I going to admit that I infringed on your clients alpyright for two reasons: 1. I did not. z. Your client does not own the alpyright at the alleged time of infringement. You are hoping to acquire through disalvery the means to legitimize this lawsuit, well I am not going to alntribute to your fishing trip!
Until the Pending Motions before the Court is ruled upon our meeting for Monday December 17, Z01Z is indefinitely postponed. Thank you • • • David.
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Steven James Goodhue (#029288) Law Offices of Steven James Goodhue 9375 East Shea Blvd., Suite 100 Scottsdale, AZ 85260 Telephone: (480) 214-9500 Facsimile: (480) 214-9501 E-Mail: [email protected] Attorney for Plaintiff AF Holdings, L.L.C.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA AF HOLDINGS, L.L.C., a St. Kitts and Nevis limited liability company, Plaintiff, v. DAVID HARRIS, Defendant.
CASE NO.: 2:12-CV-02144-PHX-GMS JOINT CASE MANAGEMENT REPORT
Pursuant to Federal Rule of Civil Procedure 26(f), the parties, Plaintiff AF Holdings, L.L.C.
(“Plaintiff”), through its undersigned counsel, and Defendant David Harris’ (“Defendant”), hereby
submit the following Joint Case Management Report reflecting the results of their meet and confer
conference:
1) The Parties
Plaintiff AF Holdings, L.L.C., through counsel, Steven James Goodhue, and David Harris,
pro per, attended the December 17, 2012 meet and confer conference pursuant to Rule 26(f), and
both parties assisted in the preparation of this Joint Case Management Report.
2) List of Parties
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The list of parities for recusal purposes are Plaintiff, AF Holdings, L.L.C. and Defendant,
David Harris.
3) Nature of the Case
a. Plaintiff’s Description of the Case
Plaintiff files this action for copyright infringement under the United States Copyright Act
and related contributory infringement, civil conspiracy, and negligence claims under the common
law to combat the willful and intentional infringement of its creative works. Defendant knowingly
and illegally reproduced and distributed Plaintiff’s copyrighted Video by acting in concert with
others via the BitTorrent file sharing protocol and, upon information and belief, continues to do the
same. In using BitTorrent, Defendant’s infringment actions furthered the efforts of numerous others
in infringing on Plaintiff’s copyrighted works. The result: exponential viral infringement.
b. Defendant’s Description of the Case
4) Jurisdictional Basis
This Court has subject matter jurisdiction over Plaintiff’s copyright infringement claim under
17 U.S.C. §§ 101, et seq., (the Copyright Act), 28 U.S.C. § 1331 (actions arising under the laws of
the United States), and 28 U.S.C. § 1338(a) (actions arising under an Act of Congress relating to
copyrights). This Court has supplemental jurisdiction over Plaintiff’s contributory infringement,
civil conspiracy and negligence claims under 28 U.S.C. §1367(a) because they are so related to
Plaintiff’s copyright infringement claim, which is within this Court’s original jurisdiction, that the
claims form part of the same case and controversy under Article III of the United States Constitution.
5) Parties Not Served
None.
6) Additional Parties
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Plaintiff does not anticipate adding additional parties.
7) Contemplated Motions
There are no pending motions at this time. Plaintiff expects to file a Motion for Judgment on
the Pleadings, a Motion to Dismiss the Counterclaim, or in the alternative, a motion for Partial
Summary Judgment on some or all of the claims and Counterclaim.
8) Reference to U.S. Magistrate
Plaintiff has previously elected to have this case assigned to a District Court Judge. Plaintiff
would agree to the referral to a Magistrate for a settlement conference or on any issues pertaining to
discovery.
9) Status of Related Pending Cases
Not applicable.
10) Rule 26(a) Initial Disclosures
Plaintiff served its Rule 26(a) Initial Disclosures on Defendant on _______, ___, 2012.
Defendant will serve his Rule 26(a) Initial Disclosures on Plaintiff on ________, ___, 2012
11) Issues related to Disclosure or Discovery of ESI
None.
12) Issues Related to Privilege or Work Product
None.
13) Necessary Discovery
a) Extent, nature and location of discovery:
Written discovery and depositions.
b) Suggested Changes to Discovery Limitations for F.R.C.P. and Rule 16:
Each side may propound up to 25 interrogatories, including subparts, 25 requests for
production of documents, including subparts, and 25 requests for admissions, including subparts.
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c) Number of hours for each deposition unless agreed to by the parties:
Seven (7) hours.
14) Proposed Dates for the Following
a) Fact Discovery:
August 2, 2013.
b) Disclosure of Expert Reports under Rule 26(a)(2)(C):
Plaintiff’s Experts: April 26, 2013;
Defendants’ Experts: May 24, 2013;
Rebuttal Experts: June 21, 2013.
c) Completion of all Expert Depositions:
August 2, 2013.
d) Filing of Dispositive Motions:
September 6, 2013.
e) Completion of Good Faith Settlement Negotiations:
December 31, 2013.
15) Jury Request
The Plaintiff has requested a trial by jury.
16) Length of Trial
Plaintiff would estimate that the jury trial will take four (4) days to complete. The length of
trial could also be affected by the motions that Plaintiff is intending to file. Plaintiff is willing to
narrow the issues in this case, with the stipulation of the Defendant, which would reduce the length
of trial. However, it is probably premature to expect any such stipulation by Defendant.
17) Prospect of Settlement
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There have been no settlement discussions between the parties at this time. Plaintiff is
willing to discuss settlement at any time, and has made this known to Defendant.
18) Other Matters
Plaintiff is not aware of any other matters that may facilitate the just, speedy and inexpensive
disposition of this matter.
Dated this 11th day of January, 2013
Law Offices of Steven James Goodhue By: _/s/ Steven James Goodhue_______ Steven James Goodhue (#029288)
9375 East Shea Blvd., Suite 100 Scottsdale, AZ 85260 Attorney for Plaintiff
AF Holdings, L.L.C. _________ ___________________ David Harris
4632 East Caballero Street, #1 Mesa Arizona 85205 Defendant
I hereby certify that on January 11, 2013, I electronically filed the foregoing with the Clerk of the Court for filing and uploading to the CM-ECF system which will send notifications of such filing to all parties of record.
A COPY of the foregoing was mailed (or served via electronic notification if indicated by an “*”) on January 11, 2013, to: David Harris* ([email protected]) 4632 East Caballero Street, #1
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Mesa Arizona 85205 /s/ Steven James Goodhue
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__________________________________________________________________________________
Colorado Office: 1101 South Downing Street, Denver, Colorado 80210 303.888.8809
Steven James Goodhue 9375 East Shea Blvd
Attorney at Law Suite 100 Admitted in CO, CA & AZ Scottsdale, Arizona 85260
480.214.9500 [email protected]
December 14, 2012
VIA EMAIL ONLY: [email protected]
David Harris
4632 East Caballero Street, #1
Mesa Arizona 85205
Re: AF Holdings, L.L.C. v David Harris
Case No.: 2:12-CV-02144-PHX-GMS
Dear Mr. Harris:
Enclosed please find an outline of the Joint Case Management Report and Proposed Case
Management Order, in anticipation of our 26(f) meet and confer conference on December 17,
2012, at 2:00 pm at my office.
Thank you for your assistance in this matter.
Very truly yours,
Steven James Goodhue
/SJG
Enclosure
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Steven James Goodhue (#029288)
Law Offices of Steven James Goodhue 9375 East Shea Blvd., Suite 100 Scottsdale, AZ 85260 Telephone: (480) 214-9500 Facsimile: (480) 214-9501 E-Mail: [email protected] Attorney for Plaintiff
AF Holdings, L.L.C.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
AF HOLDINGS, L.L.C., a St. Kitts and Nevis
limited liability company,
Plaintiff,
v.
DAVID HARRIS,
Defendant.
CASE NO.: 2:12-CV-02144-PHX-GMS
PLAINTIFF’S RULE 26(a) INITIAL
DISCLOSURE STATEMENT
Plaintiff AF Holdings, L.L.C. (“Plaintiff”), through its undersigned counsel, hereby discloses
the following information to all parties as required by Rule 26(a) of the Federal Rules of Civil
Procedure. Plaintiff reserves the right to make additional or amended disclosures as further
information is discovered or revealed:
I. INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION
THAT MAY BE USED TO SUPPORT PLAINTIFF’S CLAIMS
A. Peter Hansmeier
161 N Clark Street, Suite 3200
Chicago, IL 60601
312-880-9160
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Information includes: knowledge of BitTorrent technology; technician of the technology used
to monitor and capture the Defendant’s infringing conduct.
B. David Harris
4632 East Caballero Street, #1
Mesa Arizona 85205
Information includes: knowledge of his computer and Internet usage—what types, the extent
thereof, his interaction with uploading and downloading videos online, etc.—Defendant’s general
computer knowledge, Defendant’s living circumstances, including, but not limited to, the layout of
his house and who he shares it with, Defendant’s computer(s) hard drive (and the files contained
therein), Defendant’s home network setup, and any other issues related to the claims at issue in this
case.
C. Co-Occupants of Defendant’s House
4632 East Caballero Street, #1
Mesa Arizona 85205
Information includes: knowledge of Defendant’s computer and Internet usage—what types,
the extent thereof, his interaction with uploading and downloading videos online, etc.—Defendant’s
general computer knowledge, Defendant’s living circumstances, including, but not limited to, the
layout of the residence, those individual that live with him, Defendant’s computer(s) hard drive (and
the files contained therein), Defendant’s home network setup, and any other issues related to the
claims at issue in this case.
D. Marc Lutz
Carr Transpeninsular KM31 Central Commercial Colina Plaza Las Palmas 23400 San Jose Del Cabo BCS Mexico
Information includes: knowledge of the assignment agreement attached as an Exhibit to the
Complaint, distribution, and infringement of Plaintiff’s works.
Plaintiff reserves the right to amend its disclosures to add additional witnesses.
II. CATEGORIES OF DOCUMENTS
A. Documents related to the data collected by 6881 Forensics regarding the BitTorrent
swarm that Defendant participated in.
B. Copies of letters sent to Defendant.
C. The copyright certificate of registration related to the copyrighted material in this case.
Plaintiff may also use any document identified or produced, or to be identified or produced,
by Defendant during this litigation
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The above documents are located at, at the following address:
161 N Clark Street, Suite 3200
Chicago, IL 60601
III. COMPUTATION OF DAMAGES
Plaintiff has suffered damages as follows:
A. If Plaintiff seeks statutory damages under 17 U.S.C. § 504(c)(2), Plaintiff would be
entitled to the maximum statutory amount of $150,000 plus attorneys’ fees.
B. If Plaintiff seeks actual damages, Plaintiff would be entitled to the damages caused by Plaintiff and his co-conspirators as the Defendant is to be held jointly and several liable for all damages caused by the conspiracy. Because discovery is still ongoing and Plaintiff has not yet identified all of the Defendant’s co-conspirators or the extent of the damages, Plaintiff is not yet able to calculate actual damages.
Plaintiff reserves the right to amend its disclosures to add additional damages.
IV. INSURANCE
At this time, Plaintiff is not aware of any insurance agreement under which any persons
carrying on an insurance business may be liable to satisfy all or part of a judgment which may be
entered in favor of Plaintiff or to indemnify or reimburse the Defendant for payments to satisfy the
judgment.
Dated this 21st day of December, 2012
Law Offices of Steven James Goodhue
By: _/s/ Steven James Goodhue_________
Steven James Goodhue (#029288) 9375 East Shea Blvd., Suite 100 Scottsdale, AZ 85260
Attorney for Plaintiff
AF Holdings, L.L.C.
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I hereby certify that a copy of the foregoing was mailed (or served via electronic notification
if indicated by an “*”) on December 21, 2012, to:
David Harris* ([email protected])
4632 East Caballero Street, #1
Mesa Arizona 85205
/s/ Steven James Goodhue
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