Case 2:12-cv-02144-GMS Document 30-1 Filed 01/04/13 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case 2:12-cv-02144-GMS

INDEX OF EXHIBITS Exhibit H I J K L M Description Notice to Mr. Goodhue stating the condition for the meeting. Notice to Mr. Goodhue postponing the meeting. Joint Case Management Report (six pages). Email containing Mr. Goodhues proposed CMR. Plaintiffs initial disclosure. Prenda not in good standing.

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I
liiJail.com
Subject: 12-o2144
II II

<troll.assasslns@cyber-wlzard.com>

From: To:

troll.assassins@cyber-wizard.com Mr. Goodhue

12/15112 01:42PM

Date:

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: sjg@sjgoodlaw.com 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 1

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6) 4)

The list of parities for recusal purposes are Plaintiff, AF Holdings, L.L.C. and Defendant, David Harris. 3) Nature of the Case a. Plaintiffs 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 Plaintiffs 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, Defendants infringment actions furthered the efforts of numerous others in infringing on Plaintiffs copyrighted works. The result: exponential viral infringement. b. Defendants Description of the Case

Jurisdictional Basis This Court has subject matter jurisdiction over Plaintiffs 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 Plaintiffs contributory infringement, civil conspiracy and negligence claims under 28 U.S.C. 1367(a) because they are so related to Plaintiffs copyright infringement claim, which is within this Courts 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. Additional Parties 2

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Plaintiff does not anticipate adding additional parties. 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. 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 Issues related to Disclosure or Discovery of ESI None. Issues Related to Privilege or Work Product None. 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. 3

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c) Number of hours for each deposition unless agreed to by the parties: Seven (7) hours. Proposed Dates for the Following a) Fact Discovery: August 2, 2013. b) Disclosure of Expert Reports under Rule 26(a)(2)(C): Plaintiffs 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. Jury Request The Plaintiff has requested a trial by jury. 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* (troll.assassins@cyber-wizards.com) 4632 East Caballero Street, #1 5

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Mesa Arizona 85205 /s/ Steven James Goodhue

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K
Steven James Goodhue Attorney at Law
Admitted in CO, CA & AZ

9375 East Shea Blvd Suite 100 Scottsdale, Arizona 85260 480.214.9500 sjg@sjgoodlaw.com

December 14, 2012

VIA EMAIL ONLY: troll.assassins@cyber-wizards.com 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

__________________________________________________________________________________ Colorado Office: 1101 South Downing Street, Denver, Colorado 80210 303.888.8809

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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: sjg@sjgoodlaw.com 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

PLAINTIFFS 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 PLAINTIFFS 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 Defendants infringing conduct. B. David Harris 4632 East Caballero Street, #1 Mesa Arizona 85205 Information includes: knowledge of his computer and Internet usagewhat types, the extent thereof, his interaction with uploading and downloading videos online, etc.Defendants general computer knowledge, Defendants living circumstances, including, but not limited to, the layout of his house and who he shares it with, Defendants computer(s) hard drive (and the files contained therein), Defendants home network setup, and any other issues related to the claims at issue in this case. C. Co-Occupants of Defendants House 4632 East Caballero Street, #1 Mesa Arizona 85205 Information includes: knowledge of Defendants computer and Internet usagewhat types, the extent thereof, his interaction with uploading and downloading videos online, etc.Defendants general computer knowledge, Defendants living circumstances, including, but not limited to, the layout of the residence, those individual that live with him, Defendants computer(s) hard drive (and the files contained therein), Defendants 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 Plaintiffs works. Plaintiff reserves the right to amend its disclosures to add additional witnesses.

18 II. 19 20 21 22 23 24 25 2 Plaintiff may also use any document identified or produced, or to be identified or produced, by Defendant during this litigation 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. CATEGORIES OF DOCUMENTS

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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

4 Plaintiff has suffered damages as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 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. 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 Defendants 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

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1 2 3 4 5 /s/ Steven James Goodhue 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 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* (troll.assassins@cyber-wizards.com) 4632 East Caballero Street, #1 Mesa Arizona 85205

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