Strike 3 Holdings LLC continues to sieze the names of accused bittorrent users by exploiting Florida’s Bill of Discovery rules in their Strike 3 Holdings LLC v. Undisclosed Defendants cases [all filed in the Miami-Dade Florida state court]. On 10/31/2019, I wrote an article explaining that “Strike 3 Holdings is NOT suing miami-dade County defendants for copyright infringement,” and now that new information has come to my attention, you deserve a follow-up article.
Again, you can read about the Pure Bill of Discovery topic here.
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News about the Miami-Dade Florida Strike 3 Holdings Cases.
What is new is that Strike 3 plaintiff attorneys Rachel Walker and Tyler Mamone are not the ones who are running these cases, at least not behind the scenes. This disproves my initial assertion that the Walker and Mamone (both Florida attorneys) together hatched this brilliant idea of “suing” defendants without actually taking the steps to file copyright infringement lawsuits against each accused bittorrent downloader in federal court.
Why I thought Mamone and Walker “hatched” the Miami-Dade Florida Strike 3 Holdings Scheme.
I initially thought that they read articles (mine or others’), from 2012 about the Lightspeed Media Corp. Hacker cases where John Steele (now in prison) and Lipscomb (the former Malibu Media LLC “boss”) used the Florida Bill of Discovery crooked rules to force the Miami-Dade Florida state court to disclose the names of the account holders. Once the Court forced the ISPs to disclose the identities of the accounts holders (alleged porn “downloaders”), they then proceeded to “shake down” the accused account holders in an elaborate extortion scheme… all without the breath of the Federal Court Judges breathing down the necks of the plaintiff attorneys (to force them to adhere to the Federal Rules of Civil Procedure and its safeguards against abuse of accused defendants).
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I was sure that these lawsuits provided the seed for their idea (and I am still sure of this, but I was wrong on “who hatched this idea” and who was the “gardener”).
I even went so far as to caution that Rachel Walker and Tyler Mamone should tread lightly, as many of the other “copyright troll” attorneys who have sued in the Florida Miami-Dade court to expose the names of the ISP account subscribers have put their law licenses in jeopardy… specifically, I am thinking about John Steele, Mark Lutz (a non-lawyer) and the other Prenda Law Inc. partners, many of whom have been jailed.
John Steele of Steele|Hansmeier also used the Florida Pure Bill of Discovery rules in his Lightspeed Media Corp. hacker cases. You can read more about the John Steele story here.
Who actually “hatched” the Strike 3 Holdings Pure Bill of Discovery Scheme.
Apparently the “scheme” to use the Florida Miami-Dade state court and the Florida Bill of Discovery rules came not from attorneys Walker and Mamone, but rather (and juicily interesting), from Emilie Kennedy, the General Counsel for Strike 3 Holdings, LLC (and former attorney to Keith Lipscomb, the former “kingpin” of the Malibu Media, LLC cases). Why? Because it was Emilie Kennedy who left Malibu Media LLC to create the Strike 3 Holdings LLC lawsuits some years ago.
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If so, then this makes total sense. Emilie Kennedy knew about Malibu Media LLC’s attempts to use the Florida Bill of Discovery crooked laws. She knew that by filing in the Miami-Dade Florida state court, she could completely circumvent the federal courts and the federal judges. Thus in a way, the mystery has been solved.
Who is the “behind the scenes” shadow in the Strike 3 Holdings cases?
Actually, it should say “shadow(s).”
My observations as these cases have unfolded is that Rachel Walker and Tyler Mamone (the Strike 3 Holdings plaintiff attorneys, on paper) appear not to have authority to negotiate the Miami-Dade Strike 3 cases. Rather, the settlement discussions are being negotiated and handled by Lincoln Bandlow (former Strike 3 Holdings LLC “kingpin”) and surprisingly, John Atkin (Lincoln Bandlow’s rival). It is interesting to me that they are working in tandem, because I was sure that after [what I wrote about Lincoln Bandlow and John Atkin here], they were rivals, not buddies.
Together, Bandlow and Atkin each seem to be splitting up and handling the negotiations when a Miami-Dade Strike 3 Holdings LLC defendant chooses to settle the claims against them.
MIAMI DADE COUNTY COURT LIST OF STRIKE 3 HOLDINGS CASES:
At the risk of boring you with this information, I am pasting a list of the cases, including both the Local Case Number and the State Case Number. The name of each case is the same:
STRIKE 3 HOLDINGS, LLC v. UNKNOWN INFRINGERS LISTED ON EXHIBIT 1
Local Case Numbers: 2019-027829-CC-05, 2019-027599-CC-05, 2019-026368-CC-05, 2019-026371-CC-05, 2019-025653-CC-05, 2019-025655-CC-05, 2019-025662-CC-05, 2019-024463-CC-05, 2019-024467-CC-05, and 2019-024647-CC-05.
State Case Numbers: 132019CC027829000005, 132019CC027599000005, 132019CC026368000005, 132019CC026371000005, 132019CC025653000005, 132019CC025655000005, 132019CC025662000005, 132019CC024463000005, 132019CC024467000005, and 132019CC024647000005.
*1/23/2020 UPDATE: Apparently no Florida Miami-Dade judge has stopped these cases yet, and Strike 3 Holdings, LLC keeps filing. Here are additional cases that have been filed since this article:
NEW Local Case Numbers: 2020-001616-CC-05, 2020-001652-CC-05, 2019-032919-CC-05, 2019-032825-CC-05, 2019-032439-CC-05, 2019-032122-CC-05, 2019-031035-CC-05, 2019-030496-CC-05, 2019-030040-CC-05, 2019-028802-CC-05, 2019-028412-CC-05, and 2019-028410-CC-05.
NEW State Case Numbers: 132020CC001616000005, 132020CC001652000005, 132019CC032919000005, 132019CC032825000005, 132019CC032439000005, 132019CC032122000005, 132019CC031035000005, 132019CC030496000005, 132019CC030040000005, 132019CC028802000005, 132019CC028412000005, and 132019CC028410000005.
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What TorrentLawyer article is next…
Now for your own sanity (because I have a tendency to write long articles), I will next write about what defense lawyers have been doing in the Miami-Dade Florida Strike 3 cases (since Strike 3 Holdings LLC is suing people out of state and the Florida court has no jurisdiction over the so-called “Unknown Infringers.” [Think, “Motion to Quash,”] I will also go over what problems the defense attorneys are causing for their clients as a result of “doing the right procedural move.”
NOTE: In defense to some good attorneys in Florida who I trust (and to whom I have referred a number of clients), the next article is going to attack those who have knowingly lured their clients into a bait-and-switch where the defendant clients thought they were hiring their attorney to fight the case procedurally, but really the defense attorney had in mind to settle the claims. More to come soon…
If anyone has any questions about these cases, I’d be happy to speak about them further offline.
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[CONTACT AN ATTORNEY: If you have a question for an attorney about the Miami-Dade Florida-based Strike 3 Holdings, LLC cases and my experiences with them or what the attorneys behind the scenes are doing, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].
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