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BRETT KIMBERIN,
PlaintiII,
!"
LYNNTHOMAS, and
PETER G. MALONE, aka
KIMBERLINUNMASKED,
DeIendants.
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UNITED STATES DISTRICT COURT::t ',', , .1 !"#"$""%&'
DISTRICT OF MARYLAND " -,
GREENBELT DIVISION --", ."'") '"")
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No. RWT 13 CV2580
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Now comes PlaintiII Brett Kimberlin and responds to this Courrl; February 27,
2014 Order to Show Cause why this case should not be dismissed Ior lack oI service.
PlaintiII Iurther moves this Court to allow him to Iile the attached Amended
Complaint In support oI this motion, PlaintiII states the Iollowing:
1. This case began as a case against an anonymous blogger named
KimberlinUnmasked who blatantly violated PlaintiIIs copyrights.
2. PlaintiII Iiled Ior discovery in a deIamation case against KimberlinUnmasked
in Montgomery County Circuit Court and learned, through various court
orders and subpoenas, that KimberIinUnmasked is actually a
Iather jdaughter team named Peter G. Malone and Lynn Thomas who reside
at 704 Viewpointe Dr., Saint Charles, IL 60174-4182.
3. The Iinal production oI documents PlaintiII received was Irom (')' on
March 13, 2014. Exhibit A.
4. PlaintiII was unable to serve the DeIendants until he knew oI their identities
and address.
Case 8:l3-cv-02580-RWT Document l5 Filed 03/l3/l4 Page l of 3
5. PlaintiII has Iiled a clean and a redlined copy oI the Amended Complaint
along with this motion pursuant to local rules.
6. PlaintiII has requested a summons Irom the Clerk to serve the DeIendants.
7. The DeIendants have not been served so they are not prejudiced in any way
by the Iiling oI the Amended Complaint.
8. When a party seeks amendment under Fed. R. Civ. P. 15(a)(2), "|t|he court should
Ireely give leave when justice so requires," id., and should deny leave to amend
only iI amendment "would prejudice the opposing party, reward bad Iaith on the
part oI the moving party, or ... amount to Iutility," MTB Servs., Inc. v. Tuckman-
Barbee Constr. Co., No. RDB-12-2109, 2013 WL 1819944, at *3 (D. Md. Apr.
30,2013). Otherwise, "|i|Ithe underlying Iacts or circumstances relied upon by a
plaintiII may be a proper subject oI relieI' and the plaintiII moves to amend, the
Court should grant the motion to give the plaintiII "opportunity to test his claim
on the merits." Fornan v. Davis, 371 U.S. 178, 182 (1962).
WhereIore, Ior all these reasons, PlaintiII moves this Court to grant him leave to Iile
the Amended Complaint
March 13, 2013
RespectIully
Brett Kimb lin
8100 Beech Tre
Bethesda, M 0
(301) 320 5921
justicejtmpcomcast.net
Case 8:l3-cv-02580-RWT Document l5 Filed 03/l3/l4 Page 2 of 3
CERTIFICATE OF SERVICE
I certiIy that I will mail a copy oI this motion along with the clean and redlined
copies oI the Amended Complaint to the DeIendants named about 0 the Clerk
signs the summons.
Brett Kimberli
Case 8:l3-cv-02580-RWT Document l5 Filed 03/l3/l4 Page 3 of 3
Business Records Certification
, Rhonda Compton, the undersigned, ere eclare:
1. am a United States citizen and ove eighteen years of age.
2. am employed by AT&T as nternet Legal Compliance Manager. My job responsibilities
include retrieving AT&T nternet Services records responsive to legal process for such
records.
3. AT&T was served with legal process for business records described there in. A copy of
the legal process is attached.
4. The following are responsive:
a) Attached hereto is a true copy of the available records described in the legal
process.
b) Attac eel hereto is a true copy of the results of our search, assembly, and
production.
5. affirm these records:
a) were made at or near the time of the occurrence of the matters set forth by, or
from information transmitted by, a person with knowledge of those matters;
b) were kept in the course of the regularly conducted activity; and
c) were made by the regularly conducted activity as a regular practice.
This declaration was made in the State of Texas and affirm, under penalty of perjury, that the
foregoing is true and correct.
Executed on 2/13/2014
Rhonda Compton
Manager, nternet Legal Compliance
AT&T nternet Services
1010 North St. Mary's St.. Rm. 315-A2
San Antonio, TX 78215
210-351-5129
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Case 8:l3-cv-02580-RWT Document l5-l Filed 03/l3/l4 Page l of 3
IP Assignment DetaiIs
Date ! Tim'e (GMT/UTe) Record Username Assigned IP
01/14/2014 16:25:46 Stop pmalone@ameritech.net 68.20.1.56
01/01/2014 14:57:58 Start pmalone@ameritech.net 68.20.1.56
10/19/2013 16:06:27 Stop pmalone@ameritech.net 68.20.1.45
09/22/2013 19:05: 17 Start . pmalone@ameritech.net 68.20.1.45
09/21/2013 19: 54: 16 Stop pmalone@ameritech.net 68.20.0.224
09/01/2013 01:01:05 Start pmalone@ameritech.net 68.20.0.224
08/30/2013 23:24:54 Stop pmalone@ameritech.net 68.20.0.165
08/05/2013 20:05:01 Start pmalone@ameritech.net 68.20.0.165
Customer Account DetaiIs
Customer Name
PETER LtAl..ONE
Account Number
979052
Member 105
--~.-----~~~~
!M3sterl~ ~ IOom3.n |Status ~ .~
12/0912010
06122/2007
06122/2007
:AT&TYahoo
bfrlalone
0 pmalone
ameritech.net AdiYe AT&TYahoo
ameritech.net
0 Pllmalone ameritech.nel AT&T Yahoo
nstalled service ID Description CUstomer Name
3268192
DSL Dynamic P PETER MALONE PETER MALONE
Customerlnformatlon
CUstomer:
MALONE,PETER
Address
MemberlD:
pmalone
Status:
Activated
Domain: ameritech.net
WTN: (630) 584-4712
OrderlD:
Account Number:
979052
Account Stlltus: Active
Product nfomlatJon
ProductlD:
Order Taken Date:
;SSC_DSL_S~~ 5 DSL Dynamic P
service Activation Date: 01n7J200212:00:0OAM
Service Deactivation Date:
ATTtntemetSetVlce
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Case 8:l3-cv-02580-RWT Document l5-l Filed 03/l3/l4 Page 2 of 3
Customer Name
PETER MALONE ~ _
Account Details
Account Status: Adive
Prey Account
. "ng Start Date: 0111712002
Tax Exemption: 0"
R
9
Tax D:
BUSJRES: Res
BJ1Round: 17
Exem Exp:
y Paymenll.lelhod
BIN: (630)584-4712
_~. tanl
Credit tard Type:
CUst Code: 000
tard Humber's Last Four Digits:
" . y
Details
Billing Address
Service Address
First Name:
PETER last Name:
MALONE
Company:
Address1:
704 V1EWPONTEDR
Address2:
Address3:
City:
STCHAS
State:
L
llinois Zip:
60174
ATUlntomotSeM
JI~1.21214r1'
Case 8:l3-cv-02580-RWT Document l5-l Filed 03/l3/l4 Page 3 of 3