Malibu Media, LLC v. Doe
- John Koeltl
- 1:19-cv-07189
- U.S. District Court · Southern District of New York
- 102
Malibu Media v. Doe: Judge Koeltl granted sealing and anonymity protections for the defendant and the defendant’s immediate family.
The defendant and the defendant’s immediate family received confidentiality and anonymity protections; Malibu Media must maintain the specified information confidentially, and the Clerk must replace listed filings with redacted versions.
What happened
In Malibu Media, LLC v. Doe, Malibu Media sued an unidentified internet subscriber for alleged copyright infringement involving files shared through BitTorrent. The parties later reported that they had settled, and the defendant asked to keep the defendant’s name and address private.
The defendant, through counsel, requested permanent redactions, a protective order, and permission to continue defending the case anonymously. The court found good cause and granted the motion to seal certain materials and the requested consent protective order.
Judge Koeltl ordered that the defendant proceed as “John Doe” or by the assigned internet address, and directed Malibu Media to keep confidential the defendant’s identity and contact information, as well as that of the defendant’s immediate family. The Clerk was directed to substitute redacted versions of listed filings.
The detailed version
- Malibu Media, LLC v. Doe · No. 1:19-cv-07189
- John Koeltl
- July 6, 2021
Background
Malibu Media, LLC brought a copyright-infringement action against a defendant initially identified as the subscriber assigned IP address 98.116.191.111. The complaint alleged that the subscriber used BitTorrent to copy and distribute Malibu Media’s copyrighted movies without authorization. The record states that the parties later settled the matter through a confidential agreement, with certain obligations remaining for the defendant.
The defendant, represented by Leslie A. Farber, LLC, asked the court to permanently redact the defendant’s name and address from specified filings, allow the defendant to defend the case pseudonymously, and prevent Malibu Media from publicly disclosing the defendant’s personal information without court permission. The defendant’s declaration stated that the defendant denied committing copyright infringement and was concerned that public identification would affect employment and community involvement.
Court’s ruling
Judge John G. Koeltl found good cause and ordered the following:
- The motion to seal certain materials was granted. - The defendant’s request for a consent protective order was granted. - The defendant was permitted to proceed anonymously as “John Doe” or “John Doe subscriber assigned IP address 98.116.191.111.” - Malibu Media was ordered to maintain confidential and not publicly disclose, or disclose in the court except under seal, the identity and contact information of the defendant or the defendant’s immediate family. - The Clerk was directed to substitute redacted versions of the listed filings, including the amended complaint, service-related filings, default-related filings, settlement filings, and the defendant’s motion and declaration supporting anonymity.
This order addressed confidentiality, sealing, and pseudonymous participation. It did not decide whether the alleged copyright infringement occurred.
Read the full 102-page opinion on CourtListener, the free public archive maintained by the Free Law Project.