Allow me to congratulation all the Cashman Law Firm, PLLC clients who have been dismissed from New Sensations, Inc. v. Does 1-1,745 (Case No. 3:10-cv-05863-WHA) filed in the U.S. District Court for the Northern District of California.
As we suspected and discussed on July 18th in our “Judge Alsup takes over “New Sensations, Inc.” case” article, this case is now dead. However, the case died on Ira Siegel’s own sword, so to speak, rather than by the hands of Judge Alsup.
To help you understand my understanding of the reasons behind the dismissal, your plaintiff attorney, Ira Siegel was scheduled to stand in front of Judge Alsup tomorrow, 10/6. In short, I was expecting that the recent events with Judge Zimmerman in the dismissal of the Tru Filth case (see here) would be eclipsed by a more zealous Judge Alsup, and I understood that Siegel was not in the mood for another embarrassing experience. In short, Judge Alsup is a prolific judge who has a reputation for having little patience for attorneys who do not have their cases in order. I understand that in light of the recent events, instead of facing Judge Alsup, Siegel decided to back away and dismiss all defendants. To those of you who were defendants in this case, please allow me to congratulate you on your victory!
https://www.eff.org/deeplinks/2011/10/courts-call-out-copyright-trolls-coercive-business
excellent reading. It looks like this train is coming off the tracks.
If you think this is good, read the scathing orders, published on EFF, issued by Judge McBryde to Evan Stone a week ago!
https://www.eff.org/files/McBrydeOrder.pdf
The endless onslaught of orders from Judge McBryde here seems remarkably scathing. This looks to be one of the, if not ‘the’, strongest recent reversals by a judge against copyright trolls!
What does it mean to be dismissed? Does it mean New Sensations cannot file another suit against these Does for this file? Or can they reopen in another state or case?
Siegel dismissed two other cases this week:
10-cv-04472-cand – On The Cheap, LLC
10-cv-05885-cand – Evasive Angels
so if you get a settlement paper in the mail from trufilth llc should it just be ignored? or should I take it to a lawyer for them to handle?
You should NEVER ignore something you receive in the mail. Whether you should settle with them (or my preference — “or not”,) is a completely different matter, but never ignore it. -Rob
so in other words you are saying to lawyer up an let them handle it
The problem is they forward the email of a settlement letter through my ISP. Should I take it as serious or I can ignore it and wait for further paper work?
Yes. There are many pitfalls involved in doing this on your own, if not only for the sole purpose that the other side is trying to find a “gotcha” to scare you into settling. -Rob
Why should someone pay an attorney based on their initial threat letter?
What are the odds that you will ever hear from them again if you are not in their jurisdiction?
Out of the thousands of people (does) filed against what is the actual percentage of persons named and pursued in court?