Category Archives: Florida (FL)

Strike 3 Holdings is NOT suing miami-dade County defendants for copyright infringement.

MIAMI DADE COUNTY STRIKE 3 CASES SUE TO REVEAL THE IDENTITY OF THE DOWNLOADER, NOT COPYRIGHT INFRINGEMENT.

Strike 3 Holdings LLC is NOT suing defendants for copyright infringement in the Miami Dade County Court in Miami-Dade, Florida. However, they are copying what John Steele of Prenda Law Inc. [now in prison] did with his Lightspeed Media Hacker cases.

Instead of filing a lawsuit against an accused bittorrent downloader in federal court, Strike 3 Holdings, LLC is asking the Miami Dade County Court to reveal the identity of the owners of the accounts from which the downloading allegedly occurred. There is no claim of copyright infringement nor is Strike 3 Holdings, LLC asking the court for money damages.

Once Strike 3 Holdings, LLC receives the identity and contact information, Strike 3 will likely then threaten a copyright infringement lawsuit in federal court if that defendant does not settle the claims against them by paying them settlement money to the tune of thousands (or tens of thousands) of dollars.

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The Florida-based legal mechanism that Strike 3 Holdings is using is called a Pure Bill of Discovery. I saw these years ago when copyright troll attorneys decided to avoid the federal courts and try to solicit settlements out-of-court under the “threat” that they would file a lawsuit if the defendant did not pay them thousands of dollars.

A Pure Bill of Discovery tells the court, “So-and-so IP address was seen downloading my copyrighted film. I want to see whether the account holder is the downloader so that I can sue him in federal court. Please order the ISP to have them give me his contact information so that I can research my claim.” In reality, the request should be “Please order the ISP to have them give me his contact information so that I will demand from him thousands of dollars or else I will threaten to sue him.”

I did not like Pure Bills of Discovery then, and I do not like them now. A Pure Bill of Discovery does not protect the identity of the accused defendant from sleazy attorneys using their contact information to extort them for everything they have.

You can read about the Pure Bill of Discovery topic here.

miami-dade-county-strike-3 miami dade county strike 3 holdings scheme
Perlinator / Pixabay

In the Miami Dade County Florida court, the plaintiff attorneys are Tyler Mamone and Rachel Walker — both Strike 3 Holdings LLC plaintiff attorneys who in the past, filed copyright infringement lawsuits against John Doe defendants in federal courts.

However, apparently these attorneys must have done their research on what John Steele [now in prison], Paul Duffy [now R.I.P.], and Mark Lutz [?] have done in the past, and they must have thought, “why not avoid the federal courts all-together? Let us do exactly what John Steele and his gang did before they were arrested.”

I initially thought these attorneys wanted to avoid the $400 filing fee, but Miami Dade County has a $300 filing fee. Thus, my only guess as to what these attorneys are up to is that they must be trying to avoid the Federal Rules of Civil Procedure and the judge’s scrutiny of their Strike 3 Holdings, LLC cases (to avoid having them ask whether their lawsuits comprise a settlement extortion scheme).

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RACHEL WALKER AND TYLER MAMONE, STRIKE 3 HOLDINGS FEDERAL COURT PLAINTIFF ATTORNEYS.

Here, Strike 3 Holdings is not suing only Florida-based defendants. Rather, they are suing defendants from across the country. This is noteworthy, because it shows that they have chosen FLORIDA because of its laws (and the ability to use the Pure Bill of Discovery to circumvent the federal court discovery rules to obtain the contact information of each accused defendant). This is also called forum shopping.

Rachel Walker and/or Tyler Mamone (the plaintiff attorneys) have asked the court to order that each ISP provide the name and address of the ISP subscriber who was assigned the IP address on the date and time when the alleged instance of copyright infringement occurred. Again, they are not asking for money damages — only subscriber contact information.

Which obscure ISPs have been ordered to share their subscribers’ contact information?

ISPs involved in the Miami-Dade County-based Strike 3 Holdings LLC cases include:

Condointernet.net, Clarksville Department of Electricity, Hotwire Fision, Webpass, US Internet, Wave Broadband, Sonic.net, Sail Internet, Consolidated Smart Systems LLC, San Bruno Cable, CenturyLink [not so obscure], and others.

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Strike 3 Holdings LLC appears to have already succeeded in their Miami Dade County Florida Bill of Discovery Cases.

Accused defendants are now receiving letters from their ISPs (here, obscure ISPs) telling them that the ISP is under a duty to hand over their contact information to the plaintiff attorney.

Here is my thought: If the accused defendants are already receiving letters, it suggests to me that the courts have starting granting the relief asked for by Rachel Walker and Tyler Mamone.

STRIKE 3 HOLDINGS LLC MIAMI DADE COUNTY PURE BILL OF DISCOVERY TIMELINE.

To date, I count only ten (10) Pure Bill of Discovery lawsuits filed by Strike 3 Holdings LLC against “Unknown Infringers Identified on Exhibit 1.”

However, when I looked at the “Exhibit 1” of each lawsuit, I saw potentially hundreds of defendants hidden inside each case.

This means that this could be the start of Miami Dade state-based copyright trolling on a massive scale. The cases were apparently first filed on 9/23/2019 and the most recent filing is this past Tuesday, 10/29. No doubt more cases will follow.

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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.

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MY FINAL THOUGHTS ABOUT MIAMI DADE PURE BILL OF DISCOVERY CASES.

In sum, this is not the first time I have seen a Pure Bill of Discovery case, and I have dealt with them in the past. I personally think that states that still have this cause of action are backwards and judges should not allow plaintiff attorneys to use these cases to perpetuate a grand settlement extortion scheme.

I also know that Miami Dade County Court is not the only place these Pure Bill of Discovery cases were filed. There are a few select other courts across the US that a Pure Bill of Discovery was attempted, and the results were the same.

In sum, if Strike 3 Holdings is now trying to avoid the federal courts in order to perpetuate their settlement extortion scheme outside of the federal court’s scrutiny, these cases are about to become much dirtier than they already were.

Defendants: Is the threat to sue for copyright infringement a bluff? No.

As far as options on what to do if you receive a notice from your ISP on this lawsuit — an accused defendant is going to face the threat of a federal court copyright infringement lawsuit in their own state’s federal court if they do not settle.

If they call the bluff of the plaintiff attorney and say “come and sue me,” this is not a deterrent to the plaintiff attorney. The plaintiff attorney will simply sue that individual as a “Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address [INSERT IP ADDRESS],” then once the lawsuit is filed in the federal court, they will threaten to name and serve the defendant if he does not settle the claims against him.

In sum:
“I don’t like these Pure Bill of Discovery cases. I do not like them at all.”

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 when Malibu Media LLC used this same tactic, 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].

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Florida ‘Manny Film LLC v. John Doe’ cases receive scrutiny from proactive federal judge.

3/17 UPDATE: Judge Matthewman filed the identical “order to show cause” as described in yesterday’s “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article. (Thanks to SJD @fightcopytrolls’ Twitter post [and link] for tipping me off to this trend.)

What this means is that as of this afternoon, the judge has begun to scrutinize the other Manny Film, LLC cases filed in the Florida Southern District Court (this time, Case No. 9:15-cv-80298). This one is due April 1st, 2015. I would not be surprised if the judge continues to go down the list of “Manny Film” cases filed in the Florida Southern District Court and kills each one, one “order to show cause” at a time.

It is also important to note that in my estimation, the Manny Film LLC lawsuits are “cut-and-paste” lawsuits copied from the Malibu Media, LLC lawsuits filed across the United States.  Unfortunately for Keith Lipscomb (the mastermind behind each of the Malibu Media, LLC lawsuits, and now, the mastermind behind each and every Manny Film LLC lawsuit soon-to-be-filed across the U.S. District Courts), these ‘orders to show cause’ pose an existential threat to not only the Florida-based federal cases, but also to the other Manny Film LLC cases filed in the other federal district courts (upon which these Florida federal cases [when considered by the other federal judges] will be PERSUASIVE).

EDUCATIONAL NOTE: Even if all of the Manny Film LLC cases go away, the “Florida ‘Manny Film LLC v. John Doe’ cases suffer a black eye (FLSD)” article is still helpful to discuss the concept that “an IP address (even one tracked to a particular defendant’s address using “solid” geolocation software) is INSUFFICIENT to identify and sue the account holder as the defendant in a bittorrent copyright infringement lawsuit.” Using the geolocation data alone as their source of “evidence” to support their claim of copyright infringement, a plaintiff cannot properly state that the defendant 1) lives in the district for venue purposes, and 2) the plaintiff arguably even “fails to state a claim” against the accused defendant (FRCP Rule 12(b)(6) language) because such geolocation software “evidence” does not prove (or sufficiently state) that the accused defendant is the downloader.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.