Category Archives: Illinois (IL)

UN4 Productions movie lawsuits spread with Boyka: Undisputed 4

UN4 Productions ISP Subpoenas sent

I don’t take pleasure in writing this, but there is a new copyright troll on the block named UN4 Productions, Inc. (a Millennium Films company). For the past two weeks, UN4 Productions ISP subpoenas have been going out to internet users informing them that they have been implicated as being a John Doe defendant in the UN4 Productions lawsuit (a.k.a. the Boyka: Undisputed 4 lawsuit). Each lawsuit claims copyright infringement damages of $150,000 for the illegal download or streaming of the Boyka: Undisputed 4 movie using bittorrent, or some other streaming device.

The name Boyka generally means “One Who Terrifies in Battle,” fitting for a gory fighting movie. Boyka: Undisputed 4 focuses on the story of Yuri Boyka, a mixed martial arts fighter.

Boyka: Undisputed 4 Video Trailer (click here)

Why the Boyka: Undisputed 4 ISP subpoenas mirror what we have seen

As soon as I looked into this new copyright troll, I realized that this is a “wolf in sheep’s clothing” copyright troll. The UN4 Productions ISP subpoena that you just received in the mail is coming from the same copyright enforcement entity (think Carl Crowell, or rightsenforcement.com) who just finished sending you bittorrent lawsuits for the ME2 Productions movie lawsuits, the Cook Productionsmovie lawsuits, the I.T. Productions movie lawsuits, LHF Productions movie lawsuits (think, London Has Fallen), and so many others.

Are the Boyka: Undisputed 4 movie lawsuits targeting a particular ethnic group??

The difference here with the Boyka: Undisputed 4 lawsuit is that this pirated movie has been dressed up as an ethnic movie (the previews I saw had arabic subtitles). Think, ME2 Productions, Inc. with no shirt, ripped bloody muscles, adrenaline-pumping punches all in line with the three previous Undisputed 4 movies [Undisputed (2002), Undisputed II: Last Man Standing (2006), and Undisputed III: Redemption (2010]).

UN4 Productions ISP subpoenas sent for the Boyka: Undisputed movie lawsuit
antfrank / Pixabay

“tracking an ethnic-based movie based on a specific nationality”

Again, just in case you did not get my innuendo. The twisted offense here with the Boyka: Undisputed 4 lawsuit is that the  UN4 Productions copyright trolls have developed a new way of catching people — by tracking an ethnic-based pirated movie based on a specific nationality.  They spread a fishnet, monitor the downloads, and vwallah!  They catch bittorrent downloaders with ethnic names. When that defendant claims “it isn’t me who did the download!” the plaintiff attorney just chuckles at Youssef, Oleksiy, Omar, or whichever ethnic name just happened to be the same ethnic group or nationality for whom the movie was made.

UN4 Productions ISP subpoenas sent for the Boyka: Undisputed movie lawsuit

How you can understand the Boyka: Undisputed 4 cases

First of all, at some point this evening, I will be writing a FAQ page so that you can understand what is going on with your Boyka: Undisputed 4 lawsuit.  I will be posting that link here.

To keep things simple, when you think of the UN4 Productions ISP subpoena you just received, or when you think about the Boyka: Undisputed 4 movie lawsuit, just think to yourself, “this is ME2 Productions in disguise. Same rules apply.” With the UN4 Productions lawsuit, the plaintiff attorney lawyers are exactly the same lawyers as with the ME2 Productions, Cook Productions, LHF Productions lawsuits we’ve been seeing for months now.

Thus, you must come to the logical conclusion that the Boyka: Undisputed 4 movie lawsuit is simply another Carl Crowell (RightsEnforcement.com) common troll lawsuit with the same attorney characters we have seen before. We can infer that behind the scenes, the common troll entity (with MPAA’s blessing) approached the real production company of the Boyka: Undisputed 4 movie, and offered to license the rights to monetize the copyright rights on behalf of the Boyka: Undisputed 4 copyright holder (this means, sue defendants, extort multi-thousand dollar settlements from each John Doe Defendant, name some, dismiss some).

How we at the Cashman Law Firm, PLLC understand the Boyka: Undisputed 4 cases.

In sum, because we know the copyright enforcement entity behind the scenes of this lawsuit (think, APMC, or Anti-Piracy Management Company), and because we know the proclivities of the plaintiff attorneys (who names and serves, who settles, etc.) coupled with the federal judges who are assigned the various cases in each federal district court, we can predict with some relative certainty what will happen in each case.

Whether that means filing a motion to quash an ISP subpoena, whether that means we will recommend that we defend your case, or whether we settle the claims against you or simply convince the plaintiff attorneys that it was not you who did the download (no settlement representation), there are a number of options we could take to represent our clients in these cases.

Here are the cases:

UN4 Productions ISP subpoenas ordered in the Colorado District Court
[Most cases assigned to Judge Wiley Y. Daniel]
UN4 Productions, Inc. v. Doe 1 et al (Case No. 1:17-cv-01419, Case No. 1:17-cv-01477, Case No. 1:17-cv-01577, Case No. 1:17-cv-01253, Case No. 1:17-cv-01299)

UN4 Productions ISP subpoena ordered in the Hawaii District Court
… v. Doe 1 (Case No. 1:17-cv-00282)

UN4 Productions ISP subpoenas ordered in the Illinois Northern District Court
UN4 PRODUCTIONS, INC. v. DOES 1-22 (Case No. 1:17-cv-04865)
… v. DOES 1-25 (Case No. 1:17-cv-04868)
… v. DOES 1-21 (Case No. 1:17-cv-04866)
… v. DOES 1-18 (Case No. 1:17-cv-04863)
… v. DOES 1-23 (Case No. 1:17-cv-04861)

UN4 Productions ISP subpoenas ordered in the Indiana Northern & Southern District Courts
UN4 Productions, Inc. v. Doe 1 et al (Case No. 3:17-cv-00473, Case No. 1:17-cv-00257, Case No. 1:17-cv-00228, Case No. 1:17-cv-02037, Case No. 1:17-cv-02070, Case No. 1:17-cv-01710)

UN4 Productions ISP subpoenas ordered in the New York Eastern & Southern District Courts
UN4 Productions, Inc. v. Doe-67.243.172.121 et al (Case No. 1:17-cv-03621)
… v. Doe-173.68.177.95 et al (Case No. 1:17-cv-03278)
… v. Doe-184.152.88.112 et al (Case No. 1:17-cv-04817)

UN4 Productions ISP subpoenas ordered in the North Carolina Eastern District Court
UN4 Productions, Inc v. Doe 1 et al (Case No. 5:17-cv-00278, Case No. 5:17-cv-00286, Case No. 5:17-cv-00317, Case No. 5:17-cv-00232, Case No. 7:17-cv-00109)
UN4 Productions, Inc v. John Doe 1-12 (Case No. 5:17-cv-00238)

UN4 Productions ISP subpoenas ordered in the North Carolina Middle District Court
… v. DOES 1-10 (Case No. 1:17-cv-00502)
… v. DOES 1-10 (Case No. 1:17-cv-00528)
… v. DOES 1-12 (Case No. 1:17-cv-00444)
… v. DOE 1, et al. (Case No. 1:17-cv-00453)

UN4 Productions ISP subpoenas ordered in the North Carolina Western District Court
… v. Does (Case No. 3:17-cv-00295, Case No. 3:17-cv-00297, Case No. 3:17-cv-00315, Case No. 3:17-cv-00329, Case No. 3:17-cv-00282, Case No. 3:17-cv-00284)

UN4 Productions ISP subpoenas ordered in the Ohio Northern & Southern District Courts
… v. Does (Case No. 3:17-cv-01190)
… v. Does 1-11 (Case No. 5:17-cv-01185)
… v. Does 1-12 (Case No. 1:17-cv-00388)
… v. Does 1-11 (Case No. 2:17-cv-00492)

UN4 Productions ISP subpoenas ordered in the Oregon District Court
… v. Doe-76.27.210.76 (Case No. 3:17-cv-00721)
… v. Doe-71.238.54.166 (Case No. 3:17-cv-00722)

UN4 Productions ISP subpoenas ordered in the Pennsylvania Eastern District Court
… v. JOHN DOES 1-9 (Case No. 2:17-cv-02481)
… v. JOHN DOES 1-15 (Case No. 2:17-cv-02768)

UN4 Productions ISP subpoenas ordered in the Texas Southern District Court
… v. Doe 1 et al (Case No. 4:17-cv-01685)
… v. Does 1-13 (Case No. 4:17-cv-01788)
… v. Does 1-13 (Case No. 4:17-cv-01834)

UN4 Productions ISP subpoenas ordered in the Washington Western District Court
[Most cases assigned to Judge Robert S. Lasnik]
… v. Doe 1 et al (Case No. 2:17-cv-00892, Case No. 2:17-cv-00786, Case No. 2:17-cv-00785)

2017 Malibu Media – Which Attorneys Filed Cases and Where?

MALIBU MEDIA, LLC APPEARS TO BE FOCUSING MOST OF THEIR FUNDS ON THREE OF THEIR ATTORNEYS WHO ARE FILING A MAJORITY OF THE LAWSUITS. THESE LAWSUITS ARE BEING FILED IN THE NEW YORK ‘TRI-STATE’ AREA (NY/NJ/CT) AND TEXAS.

If you have not already done so, and you are implicated as a John Doe in a Malibu Media, LLC lawsuit, read these first:
1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ]
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements

[FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.  To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info@cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.]

WHICH ATTORNEYS ARE FILING MOST OF THE MALIBU MEDIA, LLC LAWSUITS?

Jacqueline M. James in NY/CT (78), Pat Cerillo in NJ (38) and Andrew Kumar / Michael Lowenberg of the Lowenberg Law Firm in TX (42).

What is the relevance of these three attorneys?

JACQUELINE JAMES (NY, CT)

Jacqueline James (“Jackie”) has been filing lawsuits for Malibu Media, LLC since 2015. She is not one of the “original” copyright trolls (Malibu Media, LLC has been filing lawsuits since 2/20/2012 [based on my first contact with them]). However, Jackie is more than willing to start fights with judges and other attorneys, and she has needed to change how she files her lawsuits and how she interacts with John Doe Defendants and even how she treats other attorneys because she has developed a reputation where the word “harassment” has been thrown around more than a few times.

I am listing Jackie’s information here just so you can recognize her name on the subpoena area of the paperwork you receive from your ISP.  It is almost NEVER a good idea to contact your plaintiff attorney directly:

Jacqueline M. James
The James Law Firm PPLC
445 Hamilton Avenue
Suite 1102
White Plains, NY 10601
Email: jjameslaw@optonline.net

ANDREW KUMAR / MICHAEL LOWENBERG (TX)

Andrew Kumar and Michael Lowenberg are a different type of Malibu Media, LLC copyright troll attorneys. Andrew and Mike became one of Malibu Media, LLC’s local counsel at the end of 2016 (“fresh meat,” so to speak), and my best guess is that they were hired by Malibu Media directly, or by Carl Crowell who has taken over the role of managing each and every Malibu Media, LLC lawsuit across the U.S. (I say this because the entity behind Malibu Media, LLC is Guardaley [a german company], and now they are working with Carl Crowell to replace Keith Lipscomb after their relationship with Lipscomb soured in April, 2016). Andrew and Mike both are too “new” to the Malibu Media lawsuits to have gained a reputation yet, but nevertheless, our Texas federal judges have allowed them free reign to file 75+ lawsuits without much of an objection.

Andrew and Mike’s contact information is being listed here so that you can recognize their names as it they found on the subpoena area of the paperwork you receive from your ISP (you will usually find one name, or the other).  Again — it is almost NEVER a good idea to contact your plaintiff attorney directly.

Andrew Darshan Kumar
Michael J. Lowenberg
Lowenberg Law Firm
7941 Katy Fwy., #306
Houston, TX 77024
Email: andrew@thetexastriallawyers.com

WHY ISN’T JACKIE JAMES FILING THE NEW JERSEY MALIBU MEDIA CASES?

Although Jacqueline James and Andrew Kumar / Mike Lowenberg each belong to a “new generation” of Malibu Media, LLC copyright infringement attorneys (“copyright trolls”), there are still a set of OLDER, MORE EXPERIENCED MALIBU MEDIA, LLC ATTORNEYS (I call them the “OLD GUARD”), some of whom stayed loyal to Malibu Media, LLC when their relationship with Lipscomb went sour. In New Jersey, Patrick Cerillo (or, “Pat Cerillo”) is one of those older attorneys who remained loyal to Malibu Media, LLC.

PATRICK CERILLO (NJ)

Patrick J. Cerillo is one of the “old guard” of attorneys who stayed loyal to Malibu Media, LLC after they split from Keith Lipscomb.  He resides in New Jersey. So as much as superstar Jackie James would no doubt love to take over the New Jersey Malibu Media, LLC cases, for now, she’s probably locked out of that territory.

Patrick’s contact information is being listed here so that you can recognize his name as it is found on the subpoena area of the paperwork you receive from your ISP.  Again — it is almost NEVER a good idea to contact your plaintiff attorney directly.

PATRICK JOSEPH CERILLO
4 WALTER FORAN BLVD., SUITE 402
FLEMINGTON, NJ 08822
Email: pjcerillolaw@comcast.net

Why is me being licensed in New York relevant to you?

Because these courts are in my home turf. Before moving our Cashman Law Firm, PLLC lawfirm to Houston, TX in 2010, I was (and continue to be) licensed to practice law in New York. I grew up in New York, I went to law school in New York, I know many federal judges in New York, and I understand the way the federal courts operate in that state. I have lived in both New York and New Jersey most of my life, and the “tri-state area” (NY/NJ/CT) is where I have most of my legal contacts.

Why is me being licensed in Texas relevant to you?

Because as of 2010, we moved our Cashman Law Firm, PLLC practice to Houston, TX. Since we opened our doors, we have practiced *ALMOST EXCLUSIVELY* in federal court practice. I took the bar exam here, I have represented possibly hundreds of clients here in Texas exclusively for bittorrent-based copyright infringement lawsuits, and again, I know the federal judges here, how their courts operate, and this is my home turf.

What else can you tell me about the Malibu Media cases?

The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.

SUMMARY

There is obviously more to go into, specifically about the topic of Malibu Media LLC’s “old guard” (veteran attorneys, some from 2012), and the “new guard” (new attorneys hired slightly before or after the relationship between Malibu Media and Keith Lipscomb soured.  Also, I will shortly be posting a follow-up analysis confirming the initial research that Malibu Media, LLC is on a $20,000/month budget.

For the purposes of this e-mail, Malibu Media is allocating their money to split the new cases among the NY/NJ/CT Tri-State area, and Texas.

FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:  Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info@cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  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.

Here is the breakdown of Malibu Media, LLC cases filed THIS YEAR, 2017! (sorted by attorney/quantity):

Attorney Jackie James Filed Cases (28%)
Connecticut (38 Cases)
New York (40 Cases)

Attorneys Andrew Kumar & Michael Lowenberg Filed Cases (16%)
Texas (42 Cases)

Attorney Pat Cerillo Filed Cases (14%)
New Jersey (38 Cases)

Attorney Joel Bernier Filed Cases (6%)
Michigan (MIED) (16 Cases)

Attorney Mary Schulz Filed Cases (4%)
Illinois (ILND) (12 Cases)

Attorney Jon Hoppe Filed Cases (3%)
Maryland (7 Cases)

Attorney Jordan Rushie Filed Cases (3%)
Pennsylvania (PAED) (8 Cases)

Attorney John Decker Filed Cases (1%)
Virginia (VAED) (3 Cases)

LIST OF MALIBU CASES FILED TO DATE (2017 CASES ONLY)

Cases in the Connecticut District Court (38)
Attorney: Jacqueline M. James (“Jackie James”) of The James Law Firm, PPLC

Malibu Media, LLC v. Doe (Case No. 3:17-cv-00187)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00188)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00189)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00190)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00195)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00203)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00213)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00219)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00220)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00221)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00223)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00224)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00225)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00227)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00229)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00230)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00232)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00233)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00249)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00250)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00251)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00252)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00253)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00254)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00256)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00257)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00258)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00259)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00271)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00272)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00273)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00274)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00275)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00276)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00277)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00278)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00279)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00280)

Cases Filed in the Illinois Northern District Court (12)
Attorney: Mary K. Schulz of the Media Litigation Firm, P.C.

Malibu Media, LLC v. Doe, subscriber assigned IP address 208.59.138.51 (Case No. 1:17-cv-01183)
Malibu Media, LLC v. Doe, subscriber assigned IP address 24.14.89.147 (Case No. 1:17-cv-01190)
Malibu Media, LLC v. Doe, subscriber assigned IP address 50.172.197.139 (Case No. 1:17-cv-01195)
Malibu Media, LLC v. Doe, subscriber assigned IP address 67.175.128.50 (Case No. 1:17-cv-01196)
Malibu Media, LLC v. Doe, subscriber assigned IP address 73.168.198.228 (Case No. 1:17-cv-01197)
Malibu Media, LLC v. Doe, subscriber assigned IP address 73.74.242.152 (Case No. 1:17-cv-01200)
Malibu Media, LLC v. Doe, subscriber assigned IP address 75.27.62.75 (Case No. 1:17-cv-01201)
Malibu Media, LLC v. Doe, subscriber assigned IP address 75.28.181.87 (Case No. 1:17-cv-01202)
Malibu Media, LLC v. Doe, subscriber assigned IP address 76.231.75.139 (Case No. 1:17-cv-01206)
Malibu Media, LLC v. Doe, subscriber assigned IP address 98.206.219.205 (Case No. 1:17-cv-01210)
Malibu Media, LLC v. Doe, subscriber assigned IP address 98.227.75.40 (Case No. 1:17-cv-01396)
Malibu Media, LLC v. Doe, subscriber assigned IP address96.95.112.34 (Case No. 1:17-cv-01209)

Cases Filed in the Maryland District Court (7)
Attorney: Jon Alexander Hoppe (“Jon Hoppe”) of the Law Office of Jon a Hoppe, Esquire

Malibu Media, LLC v. Doe (Case No. 8:17-cv-00397)
Malibu Media, LLC v. Doe (Case No. 8:17-cv-00396)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00402)
Malibu Media, LLC v. Doe (Case No. 8:17-cv-00401)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00398)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00399)
Malibu Media, LLC v. Doe (Case No. 8:17-cv-00400)

Cases Filed in the Michigan Eastern District Court (16)
Attorney: Joel A. Bernier of Sheikh Legal Services PLLC
176 S. Main St., Suite 1, Mount Clemens, MI 48043 (bbclawgroup@gmail.com)

MALIBU MEDIA, LCC v. John Doe (Case No. 2:17-cv-10422)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP ) Address 107.4.109.143 (Case No. 2:17-cv-10426)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP ) Address 107.4.109.143 (Case No. 5:17-cv-10426)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.32.2.28 (Case No. 2:17-cv-10432)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.49.201.228 (Case No. 2:17-cv-10442)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.49.243.199 (Case No. 2:17-cv-10443)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.49.243.199 (Case No. 2:17-cv-10445)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.55.89.28 (Case No. 2:17-cv-10444)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.55.89.28 (Case No. 4:17-cv-10444)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.56.223.52 (Case No. 2:17-cv-10446)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.56.223.52 (Case No. 2:17-cv-10447)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.60.174.21 (Case No. 2:17-cv-10448)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 98.209.250.195 (Case No. 2:17-cv-10449)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 98.224.223.170 (Case No. 2:17-cv-10450)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 99.37.173.71 (Case No. 2:17-cv-10451)
MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP Address 68.40.27.99 (Case No. 2:17-cv-10441)

Cases Filed in the New Jersey District Court (38)
Attorney: Patrick Joseph Cerillo (“Pat Cerillo”)

MALIBU MEDIA , LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 24.0.207.93 (Case No. 2:17-cv-01239)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-01246)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-01251)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.206.172 (Case No. 2:17-cv-01172)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.167.50 (Case No. 2:17-cv-01185)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.5.52.134 (Case No. 2:17-cv-01182)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.53.147.136 (Case No. 2:17-cv-01183)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.53.252.54 (Case No. 2:17-cv-01193)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.3.124.255 (Case No. 2:17-cv-01228)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.3.54.44 (Case No. 2:17-cv-01232)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.63.249.136 (Case No. 2:17-cv-01233)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.70.197.251 (Case No. 2:17-cv-01234)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.70.93.127 (Case No. 2:17-cv-01236)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.82.37.90 (Case No. 2:17-cv-01252)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.83.64.114 (Case No. 2:17-cv-01271)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.83.77.86 (Case No. 2:17-cv-01272)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.117.66.98 (Case No. 3:17-cv-01261)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.118.248.215 (Case No. 2:17-cv-01273)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.122.18.0 (Case No. 2:17-cv-01275)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.141.237.206 (Case No. 3:17-cv-01262)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.82.239.77 (Case No. 3:17-cv-01265)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.88.211.121 (Case No. 2:17-cv-01279)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.10.138.235 (Case No. 3:17-cv-01266)
MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP address 73.199.240.186 (Case No. 3:17-cv-01229)
MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP address 96.248.95.37 (Case No. 3:17-cv-01268)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER IP ADDRESS 108.35.167.198 (Case No. 2:17-cv-01180)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER IP ADDRESS 108.53.193.228 (Case No. 2:17-cv-01188)
MALIBU MEDIA, LLC v. JOHN DOE, SUBSCRIBER ASSIGNED IP ADDRESS 100.8.116.23 (Case No. 2:17-cv-01179)
MALIBU MEDIA, LLC. v. JOHN DOE (Case No. 2:17-cv-01237)
MALIBU MEDIA, LLC. v. JOHN DOE (Case No. 2:17-cv-01240)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.124.120.156 (Case No. 2:17-cv-01276)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.172.15.229 (Case No. 2:17-cv-01277)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.160.218.175 (Case No. 2:17-cv-01307)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.194.168.244 (Case No. 2:17-cv-01310)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.197.106.118 (Case No. 2:17-cv-01315)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.248.226.136 (Case No. 2:17-cv-01317)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 76.116.108.250 (Case No. 2:17-cv-01319)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 96.57.99.138 (Case No. 2:17-cv-01321)

Cases Filed in the New York Eastern District Court (10)
Attorney: Jacqueline M. James (“Jackie James”) of The James Law Firm, PPLC

Malibu Media, LLC v. DOE (Case No. 2:17-cv-01079)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01078)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01084)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01077)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01083)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01076)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01081)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01080)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01075)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01082)

Cases Filed in the New York Southern District Court (30)
Attorney: Jacqueline M. James (“Jackie James”) of The James Law Firm, PPLC

Malibu Media, LLC v. Doe (Case No. 1:17-cv-00983)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00985)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00987)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00988)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00989)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00992)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00994)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00995)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01065)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01067)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01068)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01069)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01070)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01072)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01074)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01075)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01076)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01078)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01088)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01094)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01095)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01096)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01097)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01098)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01099)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01100)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01101)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01102)
Malibu Media, LLC v. Doe (Case No. 7:17-cv-00981)
Malibu Media, LLC v. Doe (Case No. 7:17-cv-00982)

Cases Filed in the Pennsylvania Eastern District Court (8)
Attorney: A. Jordan Rushie (“Jordan Rushie”) of Flynn Wirkus Young PC / Rushie Law

MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00662)
MALIBU MEDIA, LLC v. DOE (Case No. 2:17-cv-00509)
MALIBU MEDIA, LLC v. DOE (Case No. 2:17-cv-00506)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00510)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00508)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00507)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00512)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00511)

Cases Filed in the Texas Southern District Court (42)
Attorney: Andrew Darshan Kumar (“Andrew Kumar”) and Michael J. Lowenberg (“Mike Lowenberg”) of the Lowenberg Law Firm

Malibu Media, LLC v. Doe (Case No. 4:17-cv-00413)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00415)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00417)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00418)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00420)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00421)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00422)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00423)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00424)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00425)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00465)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00466)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00468)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00469)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00470)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00471)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00472)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00473)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00474)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00475)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00476)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00477)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00478)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00479)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00480)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00481)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00482)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00483)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00484)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00485)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00486)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00487)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00488)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00489)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00490)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00491)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00492)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00493)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00494)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00495)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00497)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00498)

Cases Filed in the Virginia Eastern District Court (3)
Attorney: John Carlin Decker, II (“John Decker”) of the Law Office of John C. Decker II
5207 Dalby Lane, Burke, VA 22015 (John is still using his Verizon e-mail when he files the lawsuits — the.decks@verizon.net)

Malibu Media, LLC v. Doe (Case No. 1:17-cv-00192)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00193)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00194)

 

What else can you tell me about the Malibu Media cases?

[2017 UPDATE] The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:Again, if you have been implicated as a John Doe defendant in a Malibu Media, LLC lawsuit, there are TWO (2) main articles you should read immediately:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info[at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  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.

Book a Phone Consultation with a Cashman Law Firm Attorney

ME2 Productions Inc. Subpoenas FAQ | What You Need to Know

While our law firm represents ME2 Productions, Inc. defendants as clients in a number of states (specifically, those states in which we can ‘pro hac’ into and represent a defendant should settlement negotiations go awry), I simply cannot track every single bittorrent-based lawsuit that is filed across the U.S.   However, I do know of subpoenas received by John Doe Defendants in a number of cases are due today.

This article should be a simplistic “what do I do” article.  Nothing new will be introduced here for those of you who have read my blog in the past.  At best, this will be a quick refresher of what happens at the pretrial stages of a copyright infringement lawsuit before a John Doe Defendant is named and served.

Because I am neck deep in cases, instead of writing out this article, I am dictating it into a recorder and am paying someone to transcribe it for me. Thus, pardon the conversational tone.  This is really the way I speak.

[Lastly, some of you have e-mailed me asking why I am only making 2-3 time slots available each day on the https://www.torrentlawyer.com/calendar/ scheduling site when there are literally hundreds of John Does affected by these lawsuits.  The simple reason is because I am managing the firm’s inflow of clients (I will not take every client I speak to, but I will hold your hand until you find an attorney), and I do not believe in flooding our firm with 100+ new clients for one copyright holder and treating them all the same way in a turn-key fashion.  I used to think that this could save our clients money, but my experience after representing clients is that if I am able to take each client separately and negotiate each client the best I can, I am often able to get the client released from liability without paying any settlement (if the client did not do the download), and if they did the download, I am able to negotiate significantly lower settlements when I handle client circumstances individually rather than as a group.]

ME2 LAWSUIT SUBPOENA Q&A:

Question: “I received a subpoena from my ISP about the ME2 Productions, Inc. v. Does lawsuit.  What do I do?”

Answer: Chances are the lawsuit was filed in the state in which you live.  If you live outside of the state in which you were sued, that federal court likely does not have “personal jurisdiction” over you.  For circumstances like this, you may consider filing a motion to quash.

SHOULD I FILE A MOTION TO QUASH?

Question: “Should I file a motion to quash even though I have been sued and I live in the state?”

Answer: If you file the motion to quash, the court will set a hearing in order to determine whether they have personal jurisdiction over you.  The judge will ask whether you live in the state.  If the answer is “yes,” then motion to quash will likely be denied.  I’m simplifying, but this is the point.

NOTE: For accuracy, you were not sued.  You are at this point merely implicated as a “John Doe” Defendant, which means that your Comcast ISP (or whatever ISP you have) has identified you as being the account holder who was assigned an IP Address (e.g., 123.848.245.163), and that IP Address was ‘seen’ or ‘caught’ participating in a bittorrent swarm where the download allegedly happened.

Question: “ABC Lawyer told me that even if I live in the state where I was sued, I can still hire an attorney who will file a motion to quash for me for $2,500 where he will expose the copyright trolls’ scam and maybe cause the judge to dismiss the case.  Should I pay for one of these?”

Answer: The motion to quash is not the proper place to raise issues relating to the actions of the copyright holders.  Filing long-winded motions to quash will simply prompt the judge to ask, “yes or no, does your client live in this state?”  When the answer is yes and your lawyer turns to you and informs you that “your motion to quash failed,” you’ll realize that you wasted your money.

There are other procedural times to fight your case, especially if you did not do the download.  Fighting your case in the motion to quash is generally a really bad idea.

Question: “Who cares if I was ‘seen’ downloading?  Doesn’t everyone use bittorrent anyway? Why is this illegal?”

Answer:  The short answer is that downloading and piracy is socially acceptable as a ‘tolerable evil’, but it is still nevertheless illegal.  It took me a few tries to answer this question, and in trying, the following two blog articles came of it:

1. ‘The boot of government crushes the skull of its citizen’ when it comes to encryption and anonymity, and

2. The Evolution of Piracy and the ‘coincidence’ that early copyright cases were rooted in pornography-based content.

In sum, copyright holders are finicky about whether, how, and in which way they will allow their copyrighted film to be shown.    Copyright law, as encoded in 17 US Code § 106 describes a number of exclusive rights given to a copyright holder (which means that the copyright holder is given authority to legally sue and destroy the financial futures of anyone who violate and/or infringe those rights).  Of those exclusive rights (the right to make copies (download), the right to distribute copies (share/upload), the right to display (stream), if any of these are infringed, the copyright holders get antsy because each violation of these rights stops them from being able to profit from the movie (or ‘work’) they created.

The peer-to-peer networks have been a source of angst for the copyright holders because until now, each of these ‘exclusive rights’ are taken out from the control of the copyright holder, and are given to the internet users.  When movies are listed on a bittorrent website and are downloaded, the copyright holders do not profit from the piracy, and while there has been some considerable debate of whether movie companies actually lose money from piracy (I am on the side that their ticket and DVD sales and licensing fees are hurt by piracy, but the damage is not as exaggerated as they claim it to be), but as a result of the loss (perceived or not, real or not), today copyright holders to consider it ethical to sue end user downloaders for the full $150,000 statutory damages for the download of one movie.

My opinion is that suing downloaders is misguided solution to the piracy problem, and that a better solution would be either compulsory licensing from the ISP, or simply providing better competitive solutions to give internet users the ability to PAY for access to cable TV and traditional TV networks (without paying the inflated cable bill prices they are still trying to charge).

Question: “Before Comcast hands out my information, am I still anonymous?  If as a John Doe I am not yet a defendant in the case, at what point do I become a defendant?”

At this point, your plaintiff attorney does not have your name, and neither does the court.  At this point, you are also still anonymous, which means that other than the filing fee, the plaintiff attorney has not yet spent any money or time investigating you or your involvement in the lawsuit.

You do not become a defendant until you are ‘named and served.’ This would happen later on in the lawsuit after the plaintiff copyright attorney tries to 1) convince you to settle, or 2) they are unable to contact you, or 3) they have formed a belief that you (the ISP subscriber) are the downloader.

Once someone knocks on your door and serves you with a copy of the complaint (or once you are served by a number of other methods), only then do you become a defendant in the lawsuit.

IS COMCAST (OR MY ISP) FORCED TO COMPLY WITH THE SUBPOENA?

Question: “Can I call Comcast (or my ISP) and tell them I object to them sending out my information?  Isn’t giving out my information a crime?”

Answer: Comcast is under a duty to comply with the subpoena, which was ordered and signed by the federal judge for your case.  The ISP can and does often ignore the deadline set by the attorney in the subpoena sent to the ISP [they comply whenever they decide to comply, and if the plaintiff attorneys don’t like it, they can sue them or bring them into court, but they almost never do], but the ISPs almost always comply.

Even if you call your ISP and complain, and even if you object to them sending out your information, they will tell you that they must comply and that they WILL comply unless you file an objection with the court.  This objection is the motion to quash we discussed before.

There was a time when these bittorrent-based ‘copyright troll’ lawsuits were new (back in 2010), and there was a time that I researched whether a subscriber can sue his ISP for sharing his information with the copyright holders over his objection.  I even considered representing John Doe Defendants at the time as a class action lawsuit against the ISPs, however, the case law was horrible, and the damages weren’t worth the time or money the clients would have paid in order to sue their ISPs.

100% ANONYMOUS SETTLEMENTS BEFORE ISP COMPLIES WITH SUBPOENA?

Question: “Should I have my attorney contact the plaintiff attorney before he gets my identity from my ISP?  Can I settle with the plaintiff attorney and stop my Comcast ISP from divulging my identity to the plaintiff attorney?”

Answer: Generally, this is not required.  I have had circumstances that the defendant ABSOLUTELY wanted to keep his involvement in a lawsuit ANONYMOUS, and in cases such as this one [where the defendant had something to lose if the plaintiff attorney learned his identity], then yes, I could negotiate a 100% anonymous settlement before the ISP hands out the John Doe’s information to the plaintiff attorney.  I can even stop the ISP from complying with the subpoena.  How??

I have been successful asking various plaintiff attorneys to write or transmit a letter to the ISP and cancel the subpoena as to that particular John Doe Defendant, and both the paid attorney and the ISP happily complied, and my client remained 100% anonymous.  Win-win.  The client remained anonymous, the ISP had one fewer infringement file to take care of, and the pocket-filled plaintiff attorney saved an extra few bucks because he did not have to pay the ISP for the IP address lookup for that John Doe Defendant (sometimes ISP charge plaintiff attorneys large sums of money to lookup and handle the files of each of the John Doe Defendants).

However, one thing that is LOST when negotiating BEFORE the ISP hands over your information is LEVERAGE.  If the John Doe approaches the attorney asking to be anonymous, the plaintiff will want to know, “what does he have to hide?”  In addition, because any anonymous negotiations will arouse suspicion in the eyes of the plaintiff attorney, they might be less willing to negotiate down the price in a settlement negotiation when they sense that the other side has something to lose by having their name exposed to him/her.  We can still do the settlements anonymously and clients still do request this, but be aware that leverage is lost when premature negotiations are made, and thus the cost of the settlement to the copyright holder may be higher than the ordinary negotiation.

WHAT HAPPENS AFTER COMCAST COMPLIES WITH THE SUBPOENA?

Question: “Do I become a defendant in the case after my ISP complies with the subpoena and hands out my information to the plaintiff attorney?”

Answer: Again, no.  As far as the court is concerned (and as far as the world is concerned), nobody except you, your ISP, your attorney, and the plaintiff attorney know your name.  Robots and spiders who like to ‘spider’ legal sites and post information on the parties of the cases also cannot know who you are, even after the ISP complies with the subpoena.

Rather, when the ISP complies with the subpoena, likely, they will send over a spreadsheet 10-20 lines long (depending on how many John Doe Defendants there are in the case), and you will be one of those ‘lines’ on the spreadsheet.  The plaintiff will learn who you are, but you will remain an anonymous John Doe Defendant until the plaintiff attorney decides to name and serve you.

When the plaintiff attorney receives the list of names and contact information for each John Doe Defendant, he will separate that pile of names into two piles: 1) subscribers that are represented by attorneys (where their attorneys sent a ‘notice of representation’ to that attorney), and 2) subscribers who are not represented by an attorney.  The experience of the ‘Subscribers who are not represented by attorney’ has best been described to me like ‘being called by a horrible creditor for a debt; only that creditor is an attorney and could ruin my life.’

Question: “Will the ‘copyright troll’ attorney contact me to extort a settlement?”

Answer: Funny enough, likely not.  Attorneys have gotten reprimanded by the courts in recent years for abusive practices such as sending settlement demand letters (I used to refer to them as ‘scare’ letters because their purpose was to frighten and scare the defendants into paying the requested settlement amount).  So rather than saying, “we want $6,000 for so-and-so title (or whatever they are asking),” the plaintiff attorneys will simply state that they have every intention of moving this case to trial, and if the defendant or his/her attorney wants to discuss settlement options, they are more than willing to cooperate.

So no, they will likely not try to contact you.

Question: “If they do not contact me, should I just ignore and do nothing until they name and serve me?”

Answer: Waiting to be named and served is a DANGEROUS legal strategy, for the simple reason that you are thrust into the “fight” option where you are forced to either spend tens of thousands of dollars to some defense attorney to litigate the case for you, or you have committed yourself to become a legal expert unrepresented “pro se” defendant.

If you have any intention of keeping your identity private, it is best to have your attorney negotiate the release of your “John Doe” placeholder entity WHILE YOU ARE STILL A JOHN DOE.  As soon as you are named and served, your identity as being involved in a copyright infringement lawsuit will become public, even if your attorney convinces the other side that you are not the downloader.  And, even if you ended up paying a settlement amount in lieu of litigating the claims against you, if you do so after you are named and served, your identity will become public knowledge and ‘there is no way to put that genie back in the bottle once it’s out.’

Point in sum. It is *almost ALWAYS* better to have your attorney proactively contact the plaintiff attorney before you are named and served.  That way, if a release based on non-guilt is negotiated, it will be done anonymously.  If a settlement is reached, then it will be done without the world learning that you were part of a copyright infringement lawsuit.

WHO IS THE ATTORNEY SUING ME?

TEXAS CASES: Gary Fischman (Fischman Law PLLC)

NOTE: Gary Fischman is the same attorney who is suing defendants in the I.T. Productions LLC cases, the September Productions cases, Cell Film Holdings cases, and Fathers & Daughters Nevada cases.  He is often seen filing lawsuits in conjunction with Josh Wyde.

(I will obviously update this for other states.  For the moment, I have been representing clients in the Texas Southern District Court (TXSD) because our Cashman Law Firm, PLLC practice is physically located in Houston, Texas.)

SUMMARY: ME2 SUBPOENAS DUE TODAY.

I could go on forever with these questions and answers, but the point is that your plaintiff attorney will likely be getting your contact information today for a number of the ME2 Productions, Inc. lawsuits in various states, and the reason for this is because your ISP (primarily, Comcast) is coordinating the compliance with the subpoena by bunching the various subpoenas together and handling them all at the same time.

Thus, expect that tomorrow, your respective ‘copyright troll’ plaintiff attorney will begin calling you, and from there, the process continues as I described above.


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.

RECENT CASE HISTORY OF THE ME2 PRODUCTIONS, INC. CASES:

Cases filed in the Texas Southern District Court [2017 cases]:
Attorney: Gary Fischman (Fischman Law PLLC)

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
Filed: Feb 15, 2017, Judge: TBA

ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
Filed: Feb 09, 2017, Judge: TBA

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
Filed: Jan 27, 2017, Judge: TBA

ME2 Productions, Inc. v. Does (Case No. 4:17-cv-00143)
Filed: Jan 17, 2017, Judge: TBA

Cases filed in the Nevada District Court:
Judges include Judge Andrew Gordon, Judge James Mahan, Judge Jennifer Dorsey, and Judge Richard Boulware II — Judge Mahan and Judge Gordon have most of the cases:

ME2 Productions, Inc. v. Does (Case No. 2:16-cv-02783)
The following cases also filed as ME2 Productions, Inc. v. Does:
Case No. 2:17-cv-00114
Case No. 2:16-cv-02563
Case No. 2:16-cv-02513
Case No. 2:16-cv-02799
Case No. 2:17-cv-00121
Case No. 2:17-cv-00126
Case No. 2:17-cv-00122
Case No. 2:16-cv-02657
Case No. 2:16-cv-02384
Case No. 2:16-cv-02520
Case No. 2:17-cv-00124
Case No. 2:17-cv-00123
Case No. 2:16-cv-02662
Case No. 2:16-cv-02788
Case No. 2:16-cv-02875
Case No. 2:16-cv-02660
Case No. 2:17-cv-00049

Cases filed in the North Carolina Eastern District Court:
Judges include Judge Louise Wood Flanagan, Judge Terrence Boyle, Judge W. Earl Britt — Judge Flanagan is the lead, as she has most of the cases and is in charge of the 5:16-cv-914 case into which the others have been consolidated, so watch her rulings to understand how ‘bittorrent’ law is about to evolve in North Carolina:

ME2 Productions, Inc. v. Doe 1, et al (Case No. 5:16-cv-00881)
ME2 Productions, Inc. v. Doe 1, et al (Case No. 5:16-cv-00885)
ME2 Productions, Inc. v. Doe 1, et al (Case No. 4:16-cv-00273)
ME2 Productions, Inc. v. Doe 1, et al (Case No. 5:16-cv-00896)
ME2 Productions, Inc. v. Does 1-8 (Case No. 5:16-cv-00914)
ME2 Productions, Inc. v. Does 1-9 (Case No. 7:16-cv-00385)
ME2 Productions, Inc. v. DOES 1-10 (Case No. 7:16-cv-00386)
ME2 Productions, Inc. v. Does 1-8 (Case No. 7:16-cv-00384, CONSOLIDATED into 5:16-cv-00914-FL)
ME2 Productions, Inc. v. Does 1-16 (Case No. 7:16-cv-00394)
ME2 Productions, Inc. v. Does 1-16 (Case No. 4:16-cv-00279)
ME2 Productions, Inc. v. Does 1-9 (Case No. 5:16-cv-00875)
ME2 Productions, Inc. v. Doe (Case No. 7:16-cv-00383)
ME2 Productions, Inc. v. Does 1-13 (Case No. 4:16-cv-00278)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 5:16-cv-00917)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 5:16-cv-00920)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 5:16-cv-00922)
ME2 Productions, Inc. v. Does (Case No. 5:16-cv-00202)
ME2 Productions, Inc. v. Does (Case No. 5:16-cv-00206)

Cases filed in the Colorado District Court:
Judge Wiley Y. Daniel has ALL of the bittorrent cases. Watch his ruling because the ME2 cases might affect Colorado ‘bittorrent’ law.

ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:17-cv-00170)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:16-cv-02978)
ME2 Productions, Inc. v. John Does 1-20 (Case No. 1:16-cv-03005)
ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:16-cv-03069)
ME2 Productions, Inc. v. John Does 1-24 (Case No. 1:16-cv-03128)
ME2 Productions, Inc. . v. Doe 1 et al (Case No. 1:17-cv-00301)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:17-cv-00387)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:17-cv-00033)
ME2 Productions, Inc v. John Does 1 – 11 (Case No. 1:16-cv-02770)
ME2 Productions, Inc v. John Does 1-21 (Case No. 1:16-cv-02788)
ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:16-cv-02827)
ME2 Productions, Inc v. John Does 1-10 (Case No. 1:16-cv-02891)
ME2 Productions, Inc. v. Doe 1 et al (Case No. 1:16-cv-02580)
ME2 PRODUCTIONS, INC. v. Doe 1 et al (Case No. 1:16-cv-02629)

Cases filed in the Washington Western District Court:
Judge Robert Lasnik appears to be in control of all of the bittorrent cases thus far (a number of them are still ‘TBA’, but I suspect they will go to Judge Lasnik). Watch his ruling on any of these cases, because a ruling on one of these cases will likely affect ALL of the other bittorrent cases in the Washington Western District Court.

ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01882)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01881)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01953)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01955)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01950)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01776)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:16-cv-01778)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00181)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00182)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00099)
ME2 Productions, Inc v. Doe 1 et al (Case No. 2:17-cv-00100)

Cases filed in the Indiana Northern and Southern District Courts:
These cases appear to be assigned to judges in a rotating fashion, and thus, while Judge Theresa Springman (in the Indiana Northern District) and Judge Larry Mckinney (in the Indiana Southern District) each appear to have three (3) cases each, there appears to be no leadership by either judge as to directing the Indiana court as to how or whether these cases will affect ‘bittorrent’ law.

ME2 Productions, Inc. v. Does 1-8 (Case No. 1:16-cv-00390)
ME2 Productions, Inc. v. Does 1-9 (Case No. 3:16-cv-00764)
ME2 Productions, Inc. v. Does 1-10 (Case No. 3:16-cv-00695)
ME2 Productions, Inc. v. Does 1-9 (Case No. 2:16-cv-00468)
ME2 Productions, Inc. v. Does 1-12 (Case No. 2:16-cv-00478)
ME2 Productions, Inc. v. Does 1-11 (Case No. 3:16-cv-00697)
ME2 PRODUCTIONS, INC. v. DOE 1 et al (Case No. 1:16-cv-03020)
ME2 PRODUCTIONS, INC. v. DOE 1 et al (Case No. 1:16-cv-02757)
ME2 PRODUCTIONS, INC. v. DOE 1 et al (Case No. 1:16-cv-02758)

Cases filed in the Arizona District Court:
These cases also appear to be assigned to judges in a rotating fashion, however, it is appearing that Judge Diane Humetewa is taking on more bittorrent cases than any of the others. So watch her court for leadership moving forward.

ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00210)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04039)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04075)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04114)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04112)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:16-cv-04123)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00216)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00217)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00218)
ME2 Productions Incorporated v. Unknown Parties (Case No. 2:17-cv-00222)

Cases filed in the New York Eastern and Southern District Courts:
NOTE: Single “John Doe” cases are being filed here. Warning!

ME2 Productions, Inc. v. Doe – 24.44.105.211 et al (Case No. 1:16-cv-06161)
ME2 Productions, Inc. v. Doe – 68.194.38.87 et al (Case No. 1:16-cv-06160)
ME2 Productions, Inc. v. Doe(s) – (Case No. 1:17-cv-00929)
ME2 Productions, Inc. v. Doe – 74.71.172.215 et al (Case No. 1:17-cv-01049)

Cases filed in the Oregon District Court:
Again, warning! These are single-doe cases.

ME2 Productions, Inc. v. Doe-76.27.219.56 (Case No. 3:16-cv-01724)
ME2 Productions, Inc. v. Doe-73.164.239.74 (Case No. 3:16-cv-01725)
ME2 Productions, Inc. v. Doe-24.21.195.166 (Case No. 3:17-cv-00158)

OTHER CASES (WITHOUT COMMENT):

Cases Filed in the Connecticut District Court:
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01834)
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01835)
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01837)
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-01838)

Cases Filed in the Georgia Northern District Court:
ME2 Productions, Inc. v. Does 1-13 (Case No. 1:16-cv-03904)
ME2 Productions, Inc. v. Does 1-12 (Case No. 1:16-cv-04054)
ME2 Productions, Inc. v. DOES 1-11 (Case No. 1:16-cv-04208)
ME2 Productions, Inc. v. DOES 1-11 (Case No. 1:16-cv-04052)
ME2 Productions, Inc. v. DOES 1-11 (Case No. 1:16-cv-04210)
ME2 Productions, Inc. v. Does 1-9 (Case No. 1:16-cv-04207)
ME2 Productions, Inc. v. Doe 1 (Case No. 1:16-cv-04055)

Cases filed in the Illinois Northern District Court:
(Think, John Steele / Prenda Law Inc. / Steele|Hansmeier / #Prenda old territory.)
ME2 PRODUCTIONS, INC. v. DOES 1-25 (Case No. 1:17-cv-00712)
ME2 PRODUCTIONS, INC. v. DOES 1-25 (Case No. 1:17-cv-00706)
ME2 PRODUCTIONS, INC. v. DOES 1-25 (Case No. 1:17-cv-00708)
ME2 PRODUCTIONS, INC. v. DOES 1-42 (Case No. 1:17-cv-00714)
ME2 PRODUCTIONS, INC. v. DOES 1-26 (Case No. 1:17-cv-00710)

Case(s) filed in the Kentucky Western District Court:
ME2 Productions, Inc. v. Does 1-10 (Case No. 3:16-cv-00702)

Case(s) filed in the Maryland District Court:
ME2 Productions, Inc. v. Doe 1 et al (Case No. 8:16-cv-03730)

Case(s) filed in the Missouri Western District Court:
ME2 Productions, Inc. v. Doe 1 et al (Case No. 4:16-cv-01271)

Case(s) filed in the Ohio Northern and Southern District Courts:
ME2 Productions, Inc. v. Does (Case No. 3:16-cv-02715) — Northern
ME2 PRODUCTIONS, INC. v. DOES 1-14 (Case No. 2:16-cv-01062) — Southern

Cases filed in the Pennsylvania Eastern District Court:
(This is Jordan Rushie territory.)

ME2 PRODUCTIONS, INC. v. JOHN DOES 1-8 (Case No. 2:16-cv-06138)
ME2 PRODUCTIONS, INC. v. JOHN DOES 1-13 (Case No. 2:17-cv-00572)

Cases filed in the Virginia Eastern and Western District Courts:
ME2 Productions, Inc. v. Doe 1 (Case No. 3:17-cv-00058)
ME2 Productions, Inc. v. DOE 1 (Case No. 3:17-cv-00057)
ME2 Productions, Inc. v. Does 1-13 (Case No. 5:16-cv-00083)
ME2 Productions, Inc. v. Does 1-11 (Case No. 3:17-cv-00002)


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.

I.T. Productions, LLC should really be called “I, Troll.”

To properly defend against the I.T. Productions, LLC v. Does lawsuits, it is important to understand the similarities between each case.  Each lawsuit, regardless of in which federal court it is filed, has certain similarities.  The purpose of this article is to point out the similarities between the I.T. Productions cases, and other ‘movie troll’ lawsuits filed in the same federal courts by the same copyright troll attorneys.

Different Lawsuits, Same Plaintiff Attorneys?

These past few weeks, I have been pushing the idea that there is an entity (until now, I believed it was Voltage Pictures, Inc.) behind the lawsuits which is calling up movie companies who have produced movies which have flopped in the theaters (I call them “floppers”), and this entity convinces the movie company to license its copyright rights to them so that they can sue bittorrent users as John Doe Defendants in copyright infringement lawsuits across the US.

Yesterday, I wrote about the Cook Productions, LLC lawsuits (which are sending subpoenas to ISPs to reveal the identities of subscribers who are accused of downloading the “Mr. Church” flopper), and I was concerned that maybe this copyright holder was somehow separate from the others — the ME2 Productions lawsuits, the September Productions lawsuits, and the Cell Film Holdings lawsuits (the “three legs” or “trio“) — that we have been seeing over the past few months. [So it’s not a three-legged stool; it’s a chair.]

But then this morning, I was writing an article on the I.T. Productions, LLC lawsuits, and after speaking to a John Doe Defendant on the phone, I decided to check the list of plaintiff attorneys suing in each state for the I.T. Productions to the attorneys suing in the ME2 Productions, September Productions, (and also LHF Productions and Criminal Productions, Inc., articles to come), and the connections popped out at me.  They are the same attorneys!!!

In sum, this ‘shadow entity’ (which I believed to be Voltage Pictures, Inc.) who is licensing ‘floppers’ is using the same attorneys to sue for each and every one of these movies.

I.T. Productions cases are filed in the same states as other movie troll cases.

Not only that, but for the IT Productions, LLC cases, they are even ‘dipping their toes’ into the same states as I saw yesterday when reviewing the Cook Productions, LLC cases.  Here are the similarities:

Arizona District Court (NONE YET)
Colorado District Court (I.T. 10 cases, Cook Productions, 1 case)
Hawaii District Court (I.T. 2 cases, Cook Productions, 4 cases)
Illinois Northern District Court (NONE YET)
Indiana Northern & Southern District Courts (NONE YET)
Kentucky Western District Court (I.T. 1 case, Cook Productions 1 case)
Maryland District Court (I.T. 1 case, Cook Productions 1 case)
Nevada District Court (I.T. 1 case, Cook Productions 1 case)
North Carolina Eastern & Middle District Courts (NONE YET)
Ohio Northen & Southern District Courts (I.T. 2 cases, Cook Productions 2 cases)
Oregon District Courts (I.T. 4 cases, Cook Productions 3 cases)
Pennsylvania Eastern District Court (I.T. 1 case, Cook Productions 1 case)
Washington Western District Court (I.T. 1 case, Cook Productions 1 case)

See the similarities?!?  So… expect to see I.T. Productions, LLC cases to soon be filed in Arizona, Illinois, Indiana, and North Carolina.

Texas based I.T. Productions Cases

Why are Gary Fischman and Josh Wyde always the plaintiff attorneys for each movie troll case?

As far as the attorneys for each of the lawsuits were concerned, I could not understand how here in Texas, Gary Fischman and Josh Wyde showed up OUT OF NOWHERE, and started filing lawsuits for Fathers & Daughters Nevada, September Productions, Cell Film Holdings, and most recently, I.T. Productions and ME2 Productions.  Where did they come from?  And how did they all of a sudden score EACH AND EVERY ONE OF THESE movie companies to come to THEM and hire THEM to sue John Doe defendants in Texas for the unlawful download of these films?

Why is R. Matthew Van Sickle always the attorney for the movie troll cases in North Carolina?

Another name that keeps popping up in recent weeks has been R. Matthew Van Sickle (a.k.a. Ross Matthew Van Sickle) of Van Sickle Law, PC in North Carolina.  His website is http://mattvansicklelaw.com/ and it lists an expertise in “Construction Law, Civil Litigation, Employment Law, Insurance Coverage/Defense, and Mediation” (and no doubt, soon his website will be updated to state that he is knowledgeable in intellectual property matters, copyright infringement matters, and federal practice.) At least plaintiff / copyright troll attorneys Josh Wyde and Gary Fischman (AFAIK) are knowledgeable in this area of law.

The common threads between all movie troll cases.

So… who is behind these lawsuits?  Is it Voltage Pictures, Inc.?  Someone affiliated with Carl Crowell? Guardaley / IPP?  Again, do you care??

All About the I.T. Productions Lawsuits (Regardless of Where They Are Filed)

So I digress.  I.T. Productions, LLC has convinced the judges of the various courts to rubber stamp the authorization for them to conduct what is called ‘expedited discovery.’  What this means is that they are now permitted to send a subpoena to the various ISPs (e.g., Comcast, CenturyLink, AT&T, etc.), and force them to disclose the identity of the ten or so John Doe Defendants who are accused of copyright infringement from the download of their film.

The I.T. Productions, LLC lawsuit is suing for the download of the “I.T.” movie starring Pierce Brosnan.  The concept of the movie is pretty cool — innovative owner of an enterprising company is flying high until his daughter gets stalked by one of his information technology (IT) guys, who uses every technological facet to attack them.

Unfortunately, as cool as the movie sounds, IMDb gave it only 5.4 or 10 stars, which means that the movie was a flopper.  It’s too bad; I liked the concept of the movie.

So why did I spend all this time linking this I.T. Productions case to the Cook Productions case, the ME2 Productions case, and the others?  To show that there is a decrepit and sinister entity behind the scene who has likely now set up the entity called “I.T. Productions, LLC” for the purpose of suing downloaders across the U.S. for copyright infringement.

However, as terrible as this sounds, the benefit to the John Doe Defendant reading this article is that you can begin to draw lines and conclusions from one lawsuit (e.g., the ME2 lawsuits) to understand how the plaintiff attorneys will act in these lawsuits.

Honestly, I think I understand now why this movie is called “I.T.”  It really stands for “I Troll.”

As always, I hope this article has been of assistance to you.

For an analysis of the other I.T. Productions, LLC bittorrent-based cases filed across the US, click here.

RECENT CASE HISTORY OF THE I.T. PRODUCTIONS, LLC CASES:

Cases now filed in the Texas Southern District Court:
Attorney: Gary Fischman (Fischman Law PLLC)

I.T. Productions, LLC v. DOES (Case No. 4:17-cv-00597)

Cases filed in the Colorado District Court:
I.T. Productions, LLC v. Does 1-7 (Case No. 1:17-cv-00468)
I.T. Productions, LLC v. John Doe 1 et al (Case No. 1:16-cv-02979)
Other cases with the same name:
Case No. 1:16-cv-02998
Case No. 1:16-cv-03009
Case No. 1:16-cv-03058
Case No. 1:16-cv-03064
Case No. 1:16-cv-03089
Case No. 1:16-cv-03132
Case No. 1:16-cv-03150
Case No. 1:17-cv-00112

Cases filed in the Hawaii District Court:
I.T. Productions, LLC v. Does 1 through 5 (Case No. 1:17-cv-00084)
I.T. Productions, LLC v. Does 1 through 3 (Case No. 1:17-cv-00035)
I.T. Productions, LLC v. Does 1-6 (Case No. 1:16-cv-00641)

Case filed in the Kentucky Western District Court:
I.T. Productions, LLC v. Does 1-11 (Case No. 3:16-cv-00836)

Case filed in the Maryland District Court:
I.T. Productions, LLC v. Doe 1 et al (Case No. 8:16-cv-03999)

Case filed in the Nevada District Court:
I.T. Productions, LLC v. Does (Case No. 2:16-cv-02705)

Cases filed in the Ohio Northern and Southern District Courts (respectively):
I.T. Productions LLC v. Does 1-10 (Case No. 3:16-cv-03073)
I.T. Productions LLC v. Does 1-15 (Case No. 2:16-cv-01199)

Cases filed in the Oregon District Court:
I.T. Productions, LLC v. Doe-76.115.0.173 (Case No. 3:16-cv-02102)
I.T. Productions, LLC v. Doe-76.27.241.78 (Case No. 3:16-cv-02103)
I.T. Productions, LLC v. Doe-76.115.228.18 (Case No. 3:16-cv-02101)
I.T. Productions, LLC v. Doe-76.27.242.207 (Case No. 3:17-cv-00163)

Case filed in the Pennsylvania Eastern District Court:
I.T. PRODUCTIONS, LLC v. JOHN DOES 1-8 (Case No. 2:16-cv-06533)

Case filed in the Washington Western District Court:
I.T. Productions, LLC v. Doe 1 et al (Case No. 2:16-cv-01775)


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.

Cook Productions ‘dipping toes’ into federal court lawsuits.

Cook Productions (“Mr. Church”) Movie Lawsuits are filed across the US.

How many cases have been filed in each federal court?

At the time of writing this article (Feb. 2017), Cook Productions, LLC has sued John Doe Defendants in following US District Courts*:

Arizona District Court (2)
Colorado District Court (1)
Hawaii District Court (4)
Illinois Northern District Court (14)
Indiana Northern & Southern District Courts (1, 1)
Kentucky Western District Court (1)
Maryland District Court (1)
Nevada District Court (1)
North Carolina Eastern & Middle District Courts (1, 5)
Ohio Northen & Southern District Courts (1, 1)
Oregon District Courts (3)
Pennsylvania Eastern District Court (1)
Washington Western District Court (3)

*I have included the number of filings so that you can see in which states these plaintiffs are focusing their efforts.

All About the Mr. Church Movie Lawsuit

Cook Productions, LLC is the legal entity suing Comcast ISP subscribers for the download of the “Mr. Church” movie with Eddie Murphy and Britt Robertson.  The movie itself looked like a feel good drama, although the movie itself got dismal ratings (which is probably why someone agreed to start suing downloaders of this movie to make up for their shortfall.)

  • COS (Consequence of Sound) rated the movie as a D-, referring to it as “unusually bad melodrama…. about as enjoyable as a plague of locusts.”
  • Indiewire rated it as a C-, claiming that the movie “flails for the heartstrings, but instead of reaching them, it only tugs at that muscle that makes you roll your eyes at its old-fashioned, melodramatic attempts at emotion.”

In sum, this is yet one more movie that failed at the box office, which made it a target for some company to snatch it up in some licensing deal, and then turn on its fans by suing each one in the federal courts.  Even the number of downloaders interested in pirating this film is laughably small.

What do I do if I receive a subpoena from my Internet Provider?

For someone who received a subpoena claiming that they should file a motion to quash to stop their ISP from disclosing their contact information, speak to an attorney because most likely, you live in the state in which you were sued, and the court has jurisdiction over you.  I’d be happy to explain this further if you would like, because the last time I taught anyone about motions to quash may have been back in 2012 (by the way; although those articles are many years old now, the law explained in them is still good, so please feel free to revisit older articles as I did a lot of ‘teaching of concepts’ back when bittorrent case law was not yet “hashed out,” pardon the geeky pun).

Is there anything you can share to help me understand this case?

I have four items that I can contribute to these lawsuits which might be of assistance to someone who is looking for some free legal help or tips on how to understand these lawsuits.

1. The lawsuits are smaller than they should be.

The Cook Productions copyright holders do not have many lawsuits.  While it is scary to see multiple lawsuits in your court, in many cases, there are a small handful of defendants in each case (sometimes only including 5-7 John Doe Defendants in one lawsuit).  This suggests to me a fear that they might lose a significant pool of their defendants to a dismissal.  

On the flip side, you could also say that the attorneys expect to maximize the money they make by extorting as much as possible from one or more defendants, but I have reasons why [for the most part] this is not the case.

2. The lawsuits appear to be filed in ‘untested’ states.

The Cook Productions lawsuits are sprinkled a few here, a few there, as if they are ‘dipping their toes’ into the various federal courts to see which jurisdictions end up being favorable to them.

In my experience, this is simply an indication that Cook Productions is either inexperienced or lazy, because if they did their research into what has already happened over the years with other bittorrent lawsuits, they would have learned which jurisdictions are favorable to so-called copyright trolls, and which are not so favorable.

Why file lawsuits in federal courts where judges are known to be unfriendly to copyright trolls?

Placing 14 cases in the Illinois Northern District Court (Prenda Law Inc. / John Steele’s former home court) is simply a mistake because there are too many judges there which will laugh when they see this lawsuit hit their case list.  At least they knew to stay out of Texas.

3. New “no-name” copyright troll attorneys are being tested in these cases.

There are many well known ‘copyright troll attorneys’ in each of the states Cook is filing in.  These attorneys have filed countless lawsuits against many John Doe Defendants over the years.  However, in a handful of states that I have reviewed for the Cook Productions LLC lawsuits, I am seeing “no-name” attorneys represent the copyright holder.

Let me be clear — if I were to hire an attorney to pursue downloaders, I would hire experienced attorneys who have filed lawsuits in these courts, who know the judges, and who know copyright law.  Rather, I am seeing random attorneys take on these clients who have websites that reference the plaintiff attorney’s areas of expertise to be “insurance law,” “employment law,” “construction law,” …but where is the intellectual property law specialty? Where is the “copyright law” specialty?

Answer: There is none.  These fields of expertise are STATE-BASED areas of law, and in my humble opinion, a number of these local attorneys have never stepped foot in a federal court.

4. If the local plaintiff attorneys have no experience in copyright law, then they must be following instructions of someone higher.

How have they filed these cases then?? Funny, I thought the same thing.  The case filings look IDENTICAL to me, suggesting to me that there is SOME COMMON ENTITY WHO IS FEEDING TEMPLATES TO THESE ATTORNEYS, and these attorneys file them in the federal courts.

My final thoughts about the Cook Productions, LLC lawsuits.

In sum, Cook Productions, LLC appears to me to be yet another copyright troll.  If I was a betting man, I would suggest that some entity licensed the rights to the failed “Mr. Church” movie, and is now suing John Doe Defendants across the US using each state’s local attorneys as straw men to act as if they are the ones who are representing the client to enforce that client’s copyright rights.

For an analysis of the other Cook Productions, LLC bittorrent-based cases [as they start to develop past the subpoena phase of the lawsuit], click here.

What are the actual names of the Mr. Cook lawsuits filed in each court?

Cases filed in the Arizona District Court:
Cook Productions LLC v. Unknown Parties (Case No. 2:16-cv-04478)
Also, Case No. 2:16-cv-04481

Case filed in the Colorado District Court:
Cook Productions, LLC v. Doe 1-23 (Case No. 1:16-cv-03198)

Cases filed in the Hawaii District Court:
Cook Productions, LLC v. Does 1 through 15 (Case No. 1:17-cv-00034)
Cases also filed against small-number Doe Defendants:
Does 1-8 (Case No. 1:16-cv-00637)
Does 1-4 (Case No. 1:16-cv-00639)
Does 1-5 (Case No. 1:16-cv-00638)

Cases filed in the Illinois Northern District Court:
COOK PRODUCTIONS, LLC v. DOES 1-24 (Case No. 1:16-cv-11338)
Cases also filed against small-number Doe Defendants:
v. DOES 1-15 (Case No. 1:17-cv-00522)
v. DOES 1-12 (Case No. 1:17-cv-00536, 1:17-cv-00526)
v. Does 1-29 (Case No. 1:16-cv-11337)
v. DOES 1-12 (Case No. 1:17-cv-00535)
v. Does 1-13 (Case No. 1:17-cv-00523)
v. DOES 1-14 (Case No. 1:16-cv-11347)
v. DOES 1-15 (Case No. 1:16-cv-11345)
v. DOES 1-18 (Case No. 1:16-cv-11341)
v. DOES 1-25 (Case No. 1:16-cv-11340)
v. DOES 1-13 (Case No. 1:16-cv-11350)
v. Does 1-21 (Case No. 1:16-cv-11344)
v. DOES 1-23 (Case No. 1:16-cv-11339)

Cases filed in the Indiana Northern & Southern District Courts (respectively):
Cook Productions, LLC v. Does 1-11 (Case No. 3:16-cv-00773)
COOK PRODUCTIONS LLC v. DOE 1 et al (Case No. 1:16-cv-03158)

Case filed in the Kentucky Western District Court:
NOTE: The “Inc.” is probably a silly typo from a sloppy attorney.

Cook Productions, Inc. v. Does 1-9 (Case No. 3:16-cv-00838)

Case filed in the Maryland District Court:
Cook Productions, LLC v. Doe 1 et al (Case No. 8:16-cv-03873)

Case filed in the Nevada District Court:
Cook Productions, LLC v. Does (Case No. 2:17-cv-00069)

Cases filed in the North Carolina Eastern & Middle District Courts:
Cook Productions, LLC v. Doe 1, et al. (Case No. 5:16-cv-00910)
Also Filed:
Case No. 5:16-cv-00909
Case No. 5:16-cv-00924
COOK PRODUCTIONS, LLC V. DOES 1-5 (Case No. 1:16-cv-01369)
COOK PRODUCTIONS, LLC V. DOES 1-11 (Case No. 1:16-cv-01375, 1:16-cv-01374)
COOK PRODUCTIONS, LLC V. DOES 1-7 (Case No. 1:16-cv-01372)
COOK PRODUCTIONS, LLC V. DOES 1-9 (Case No. 1:16-cv-01373)

Cases filed in the Ohio Northern & Southern District Courts (respectively):
Cook Productions, LLC v. Does (Case No. 3:16-cv-03045)
Cook Productions LLC v. Does 1-15 (Case No. 2:16-cv-01192)

Cases Filed in the Oregon District Court:
NOTE: OK, this one concerns me. Look at the attorney and the “single Doe” case lawsuit style. These might play out differently than the others [just my gut feeling].

Cook Productions, LLC v. Doe-50.53.40.201 (Case No. 3:16-cv-02086)
Cook Productions, LLC v. Doe-71.63.208.154 (Case No. 3:16-cv-02085)
Cook Productions v. Doe-73.37.111.126 (Case No. 3:17-cv-00162)

Case filed in the Pennsylvania Eastern District Court:
COOK PRODUCTIONS, LLC. v. JOHN DOES 1-13 (Case No. 2:17-cv-00705)

Cases filed in the Washington Western District Court:
Cook Productions, LLC v. Doe 1 et al (Case No. 2:16-cv-01884)
Also filed:
Case No. 2:17-cv-00252
Case No. 2:17-cv-00101


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.

ME2 Productions Bittorrent Lawsuits Have Come To Houston, TX

Introducing the ME2 Productions (“Mr. Church”) Move Lawsuits

Because the “ME2 Productions, Inc.” copyright infringement lawsuits appear to be the ‘third leg’ to the “September Productions, Inc.” (leg 1) and the “Cell Film Holdings, LLC” (leg 2) lawsuits, I felt compelled to write something about it.

This third leg of cases, each of which have been filed by Gary Fischman and Josh Wyde consist of four cases (and counting), each filed here in the TX Southern District Court. ME2 Productions, Inc. itself [through their local counsel across the US] has filed 112 cases so far, and each case appears to be following the same template. There are 10-20 John Doe Defendants per case, and the cases are spaced apart when filed, hoping that no proactive judge receives and consolidates all of the cases in one federal district (this has not yet happened in Texas).

ME2 CASES ARE STILL IN THEIR INFANCY IN TEXAS.

In Texas, the ME2 cases are still in their infancy, and all that has happened is that judges have rubber stamped what are called “expedited discovery” requests to allow the plaintiff attorneys to force the ISP(s) to send subpoenas to the account holders of those IP addresses where unlawful downloading is claimed to have happened.

As of writing this message, the Comcast / XFinity ISP has received three subpoenas, and has sent letters to the accused account holders (the “John Doe Defendants”) indicating that they should file an objection to the subpoena with the court before the ISP is forced to hand out the subscriber information to the plaintiff attorney.

As of now, there are three known ‘deadlines’ to file an objection (e.g., motion to quash) with the court — 3/2, 3/16 and 3/20 — corresponding to three of the four cases so far filed in Texas. I’ll update this article with the fourth date as soon as I get it.

WHAT MOVIE IS BEHIND THE ME2 CASES?

More generally, ME2 Productions, Inc. is suing for copyright infringement based on the the illegal download of the Mechanic: Resurrection movie, starring Jason Statham and Jessica Alba. (NOTE: If you are considering downloading any of the Transporter movies also with Jason Statham, I wouldn’t be surprised if we see lawsuits from the production companies for those movies as well in the near future based on a trend I’ve noticed in the past. Also be on the lookout for lawsuits for the ‘Transporter’ movies as well for this same reason).

NOTICING A CONNECTION BETWEEN THE ME2 AND EARLIER LAWSUITS.

Based on my conversations with the plaintiff attorneys who are attempting to sue downloaders of the Mechanic: Resurrection title, I understand that a number of those implicated in these lawsuits may have also been implicated in the September Productions, Inc. v. Does lawsuits for the download of the Septembers of Shiraz video and possibly also the Cell Film Holdings, LLC v. Does lawsuit for the download of the “The Cell” video.

For some reason, these three videos appear to be a trio, perhaps because they were shared on the piracy websites or Popcorn Time software platforms at the same time, or that there is some ‘contractual’ connection between the three movies (e.g., perhaps Voltage Pictures has signed an agreement with each of the three copyright holders giving Voltage a right to take on the movie production’s company name as they did with Dallas Buyers Club, LLC, to act and to sue on their behalf in order to ‘monetize’ and enforce the copyright rights those productions companies have from the creation of the copyrighted films).

I wrote this last paragraph very quickly, without much explanation. Do you even care if the company suing you is really Voltage Pictures, Inc. who has contacted the movie companies and said, “sign a contract with me — I’ll sue in your name and get lots of settlement money for you”? Bottom line, you are implicated as a John Doe Defendant in what looks to be a copyright troll lawsuit, Comcast is about to hand over your information to plaintiff attorneys Joshua Wyde and Gary Fischman, and you are staring down the barrel of a $150,000 copyright infringement for clicking and possibly watching a movie that may not have been any good.

WHY THESE CASES ARE BOTH SIMILAR AND SLIGHTLY DIFFERENT FROM CONVENTIONAL COPYRIGHT TROLL CASES.

In sum, whether this lawsuit indeed falls under “copyright troll” status or not, the plaintiff attorneys have taken great strides to mask the true nature of this lawsuit, namely, that this lawsuit will likely not go to trial for any of the defendants, because it is not economically profitable for the copyright holder (or Voltage Pictures, if this is the case) to spend the money to chase some student in Houston, TX and force a $150,000 judgment on them that the student will never and could never pay. Yet based on the documents I have seen these attorneys file in the court (sometimes even quoting this blog), they seem to want to litigate.

Whether they are paid hourly by their copyright holder clients (the production companies) or whether the simply take a commission based on a percentage of the settlement amount they elicit from the defendants (my gut feeling is that they are actually being paid hourly by their clients which gives them an incentive to spend more time filing documents in the court) they do spend significant amounts of time drafting motions, and they do spend the money to name and serve defendants, and they DO fight the case *as if* they were taking each John Doe Defendant to trial. Whether this is because they are trying to overcome the bias the federal judges in Texas have against the pornography bittorrent cases which wasted the past seven years of the court’s time or because they are trying to prove the legitimacy of bittorrent based copyright infringement lawsuits, bottom line, they are fighting these cases differently from the way other plaintiff attorneys have fought them in recent years.

What to do if you are sued for a movie you did not download?

So here is the solution. If you did not download the Mechanic: Resurrection movie, then fight back. Hire an attorney (me, or any other attorney) to fight your case. If you did the download, well, there are also solutions found with an attorney, but you knew this already, and it will require both sides to be reasonable to come to an amicable solution.

I did not mention this before, so I am mentioning this here since it is relevant — it is not profitable for a movie company to bring a copyright infringement lawsuit to trial. This gives us on the defense side leverage to either come to an amicable solution, or to fight back and force them to dismiss. The plaintiff attorneys Josh Wyde and Gary Fischman will fight back, but facts are facts, and justice is for the most part blind. If they cannot prove that it is more likely than not that you were the downloader of the copyrighted movie, then they cannot find you guilty for copyright infringement.

An unintended consequence of fighting back.

NOTE: An unintended consequence of fighting back from a purely academic perspective is that doing so forces the copyright holders to focus their set of John Doe Defendants to those downloaders to whom they can prove did the download, because each ‘misfire’ (meaning, each John Doe Defendant who did not do the download and who fights back) costs the copyright holder severely, and we have said for years that this would be the demise of the ‘copyright troll’ model if they sue without vetting their data as to which John Doe Defendants apparently did what and when. Make it too expensive to blindly name and serve (without vetting the John Doe Defendants first), and their model falls. However, fight back, and they will focus and limit their list of John Doe Defendants to those who subscribers (or their family members) who actually did the downloading, and this will only feed back into their cash stream by encouraging settlements to avoid being named and served, sued, and found liable for copyright infringement. It’s a messy problem.

Known Mechanic:Engineering Movie Lawsuits Filed in TX

KNOWN Texas Southern District Court ME2 Cases [Filed in 2017]:
Attorney: Gary Fischman (Fischman Law PLLC)

ME2 Productions, Inc. v DOES (Case No. 4:17-cv-00695)
Filed: March 4, 2017, Judge: Vanessa D Gilmore

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00501)
Filed: Feb 15, 2017, Judge: TBA

ME2 Productions, Inc. v. Does 1-12 (Case No. 4:17-cv-00404)
Filed: Feb 09, 2017, Judge: TBA

ME2 Productions, Inc. v. DOES (Case No. 4:17-cv-00275)
Filed: Jan 27, 2017, Judge: TBA

ME2 Productions, Inc. v. Does (Case No. 4:17-cv-00143)
Filed: Jan 17, 2017, Judge: TBA

For an analysis of the other ME2 Productions, Inc. bittorrent-based cases filed across the US, click here.


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.

John Steele & Prenda Law Caught Lying. Sanctioned $500,000.

Monday’s order against John Steele / Prenda Law Inc. / Steele|Hansmeier (no matter which of these entities hurt you through their “copyright trolling” activities) is nothing other than a wonderful victory for justice, and I thank and commend the lawyers involved in bringing justice to one of the worst sets of copyright infringement (bittorrent-based) cases I have seen in my law career.

My apologies for leaving attorneys out of this (as there were many who were involved in making this happen) and for my lack of recollection of the details, but immediate kudos goes to Paul Godfread who served John Steele while he got off of an elevator as soon as he realized that his client Alan Cooper (who did landscaping for Steele) had his identity stolen by Steele and his signature forged as the mastermind behind all of the bittorrent cases.

This was a common theme in Steele’s lawsuits — pick a patsy (whether it was Alan Cooper, Mark Lutz [his paralegal], or Paul Duffy [rest in peace]), elevate that patsy to be the “mastermind” behind all of the lawsuits, hire local counsel across the U.S. to file lawsuits, and run every lawsuit like the captain of the ship while being tied to none of the lawsuits for liability purposes.

The story goes much deeper and it involved many twists and turns, but bottom line, through the hard work of Paul Godfread, Morgan Pietz, Jason Sweet, Erin Russell, Steven Yuen, David Madden, and so many more attorneys that I cannot even remember, AND the almost daily blogging by bloggers such as Sophisticated Jane Doe (FightCopyrightTrolls.com) and DTD (DieTrollDie.com), none of this would have happened and these guys would still be suing hundreds of John Doe defendants at a time in their newest scheme (whether that be accusing defendants of violating the Computer Fraud and Abuse Act (“CFAA”), or shaking down companies for violations of the Americans with Disabilities Act (“ADA”), etc.).

As a result of the judicious reporting of the Steele|Hansmeier / Prenda Law Inc. activities, their scheme has been halted, and the crew are being investigated by the FBI, and (I’ve heard, maybe even) by the IRS for tax evasion.  Paul Hansmeier (one of the Hansmeier brothers) has been disbarred, Steele (I believe) still has his law license (although I remember Steele withdrew from the practice of law himself before being disbarred), and Mark Lutz (the “paralegal” or the “mastermind,” depending on when you ask him) is “in the wind.”

Most importantly, as of Monday, the “Alan Cooper / Paul Godfried” case defending against Steele and Prenda Law Inc. (Case No. 1:13-cv-01569 in the ILND Court) [also known as “Prenda v. The Internet”] has been won.  Judge John Darrah (IL) awarded the defendants $162,448.74 in attorney fees and costs, $11,758.20 in sanctions, AND $500,000 in punitive damages (see Judge’s Order).

Now I am no longer sure whether Prenda Law Inc. has the assets to pay these fees (because if I remember correctly, as part of their scheme, they siphoned the $4-5 Million or so in settlement monies out of the law firm and into an offshore trust in Nevis.

My opinion is that justice is slow to act, and while this is a good result, it does not benefit any of the thousands and tens of thousands of defendants who had their lives destroyed and their savings decimated by these attorneys.  I still think that the justice system failed its people because judges got lazy for years and failed to stop the racket, even when they knew of their activities.  Even today as an outgrowth of the Prenda Law Inc. / Steele|Hansmeier empire, we find Malibu Media LLC lawsuits, Voltage Pictures lawsuits [including Dallas Buyers Club LLC, Fathers and Daughters Nevada LLC, Cell Productions, Criminal Productions Inc.], and too many other “copyright troll” lawsuits which are still rubber-stamped DAILY in the federal courts by judges who ARE AWARE and who WERE AWARE of the “mass bittorrent lawsuit / copyright trolling” problem when the cases initially were filed as early as 2010.

In short, on 5/6/2015, I wrote an article entitled,

No Orange Jumpsuits Predicted For Prenda Law Inc. Just sanctions.

I hate to see that it has been almost seven years since these cases started showing up (six years for team Prenda), and nobody has been jailed.  Judges have failed to guard the gates leading into their courtrooms.  Attorney Generals have sat on their hands and done nothing.  Lawmakers have done nothing.  Bar associations have done nothing.  Thus, I continue to defend these cases in whatever form they have changed into, but I too remain jaded.  This result is a good result, and the FBI/DOJ/IRS so-called investigations are nice to see (referring to SJD’s web logs of individuals visiting her blog), but I am not moved nor is my heart [on behalf of all those who have been affected by this] made whole by this ruling.

Okay, I didn’t expect to go here with the blog article, but in short, awarding $500,000 in damages against Prenda Law Inc. is one wonderful step in the right direction.  I just still want to see orange.


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.

Attorney Fees to a Winning Defendant — “It’s a Shell Game”

When representing a client, in my eyes I am representing the internet users against the “bad guys.” Copyright holders who use the federal court subpoena power to unclothe the identity of the internet subscriber with the intent of extorting that internet user out of thousands of dollars (regardless of whether the internet user did the download or not) is an abuse of the federal court system.  To offset the very high cost of hiring an attorney to defend a copyright infringement claim in federal court, copyright law provides the “winner” of the lawsuit attorney fees (see, 17 U.S. Code § 505).

That way, when an accused internet user is forced to spend tens of thousands of dollars to properly defend him or herself against claims of copyright infringement (which often include appearing for multiple court hearings, allowing the household’s computers and electronic devices to be inspected by a forensics expert, being questioned under oath [or having to answer written interrogatories under oath]), *IF* at the end of the investigation (e.g., at the end of “discovery”), the claim of copyright infringement ends up being unfounded and the claim of copyright infringement against the internet user is dismissed, the law gives that internet user the right to collect from his accuser all the fees he paid to his attorney.

Beware, however.  Just because a defendant is entitled to attorney fees does not mean that they will get them.  There are three scenarios which can stop a defendant from obtaining their fees back from a copyright holder plaintiff:

1) The “cut and run” scenario, where a copyright holder dismisses the defendant before a judge can rule that there was no infringement, and

2) the “limited liability company” plaintiff, where the movie company has created smaller independent “shell” companies, and they use those companies to sue defendants in copyright infringement actions (knowing that if those companies incur liability, that liability will not trickle up to the owner or to the other corporate entity), and

3) the “underfunded shell company” scenario, where the copyright holder might not have the funds to pay the attorney fees to the defendant (for example, when the settlement funds have been siphoned off to another entity, or paid out to the copyright troll attorneys).

SCENARIO 1: THE “CUT AND RUN” SITUATION

In a “cut and run” situation, the accused internet user (a.k.a., the “named” John Doe Defendant) mounts a sufficient defense to demonstrate either that the plaintiff copyright holder does not have sufficient evidence to find him guilty of copyright infringement, or he is able to prove that it was not him “at the keyboard” at the time the download took place (because suing the account holder based on an ISP demonstrating that the account holder was assigned a particular IP address [which was used to participate in the downloading or copying of a copyrighted video] has been held in various jurisdictions to be insufficient to prove that it was the account holder who did the download).

In this first scenario, the account holder “fights back,” and hires and pays an attorney to file an answer to the complaint once named and served.  That attorney shows up to the court hearings, he cooperates with the discovery requests (the attorney sits with his client as he answers questions under oath, objects to questions, speaks to the judge in the middle to clarify issues that arise, etc.), and after what ends up being hundreds of hours, the copyright holder dismisses the defendant proactively before the court can rule on a summary judgement hearing that there was never a case against the client in the first place.   I saw this over and over with the Malibu Media, LLC cases.

SCENARIOS 2 & 3: THE “LIMITED LIABILITY COMPANY (LLC)” PLAINTIFF, AND THE “UNDERFUNDED” SHELL COMPANY:

The second scenario in which a defendant could be deprived of attorney fees is when the movie studio sets up multiple limited liability “shell” entities (as seen by the “LLC” designation behind the name), and then that “shell” entity is used to file a lawsuit, but it does not have the funds to pay an award of attorney fees should it lose the copyright infringement claim against the “named” defendant.  This could be either because the “shell” entity was not properly funded in the first place, or because the plaintiff lawyers or the owners of the entity are siphoning the settlement funds out of the entity so that it would not be able to pay attorney fees if it was ordered to do so.

This is what bugs me about the limited liability entities which are set up and used to sue defendants — there is no accountability to the accused copyright defendant for the misuse of those entities.  Using Voltage Pictures, Inc. as an example (and by no means am I insinuating that their “shell” entities are misused or underfunded), Voltage Pictures, Inc. is a big name movie company that has sued thousands of defendants over the years.  Since our firm started in 2010, I have been seeing Voltage Pictures, Inc. as a copyright troll who has sued defendants, who has hired not-so-ethical attorneys to enforce their copyrights against bittorrent users, and I do not think one year has past where I have not seen one lawsuit or another where Voltage was behind the scenes as the copyright holder.

Over the years, I have seen Voltage shift from suing thousands of defendants using their their own Voltage name in the lawsuits to setting up smaller “shell” entities which are then used to sue John Doe Defendants.  It is not always obvious that a company suing for copyright infringement is a Voltage copyright troll, but there are tip offs in that each time a new copyright troll “shell” entity files a lawsuit, I see the same copyright troll attorney(s) filing the identical complaint as they filed in other lawsuits, and each time, I see the same discredited German forensics company (Guardaley) listed as the “expert” in the lawsuit.  With so many hundreds of lawsuits filed — and I wasn’t sure I was going to go here, but I am — , I ask myself why the judges don’t see that these are the same set of entities filing the lawsuits, and I shake my head in disgust that the copyright troll scam is still going on.  It boggles my mind that companies as large as Voltage Pictures, Inc. are still taking part in this kind of legal militarism and butchery.

Dallas Buyers Club, LLC was one such shell company that was set up and used to sue defendants, which I later learned was a Voltage Pictures, Inc. shell company.  More recently, Fathers and Daughters Nevada, LLC appears to be another such shell company.  These companies are all “limited liability companies,” which means that unless the company was structured improperly when it was formed, or unless the principals of the company did something stupid (e.g., intermingling company funds with another shell company’s funds), it is very difficult to “break the veil” to hold the owner of the company personally liable for the company’s mistakes.

This got me thinking.  A defendant does not immediately know whether a copyright troll corporate “shell” entity is properly funded or not, and before hiring an attorney and spending tens of thousands of dollars on a defense, the first thing that defendant should do (or have his lawyer do) is have the “shell” company demonstrate that they have the funds to pay the defendant’s attorney fees should it be demonstrated a) that the account holder “named” and served as the defendant was not the one who did the download in the first place, or b) that the plaintiff’s experts cannot provide sufficient evidence to prove that the copyright infringement actually happened.

Why? Because if the plaintiff does not have the funds to proceed, why spend the time and money defending the lawsuit?  Rather, hit them early on with a bond request to demonstrate that 1) they have the funds to proceed, and to demonstrate 2) that they have the intent to move forward, all the way to trial (if necessary).  This is not a cheap proposition for the copyright holders, as lawsuits such as these could easily run into the hundreds-of-thousands of dollars in fees.

Anyway, my point in this article is simply caveat emptor.  Before you go ahead throwing out all of your money paying an attorney for a defense, make sure the plaintiff can pay your fees if you win. Have them post a bond, or do something to demonstrate that they have the funds to proceed if the case goes in that direction.  If they cannot demonstrate this, then maybe there is no need to defend your case in the first place.

In sum, the copyright laws as they are practiced is lopsided.  Copyright owners are given their remedy — the ability to sue for “statutory damages” of $150,000 per instance of infringement.  And, the accused defendant apparently has his remedy — the ability to retrieve his paid attorney fees when he successfully defends his case against the copyright holder.  Why shouldn’t an accused defendant take a few steps to preserve his rights and check to make sure the plaintiff can pay his attorney fees if he wins?

NOW A NOTE FOR THE JUDGES:

Accused internet users are thrown around, threatened, extorted for thousands of dollars in cash, and the law does little to protect their rights. Defendants have the remedy to have their funds returned to them if they fight and win, but what individual internet user defendant has the ability to pay for a lawyer to defend him in court?  What use is it for the law to award attorney fees and costs to a defendant who prevails “on the merits” when that defendant cannot afford to hire a lawyer to get to that point in the legal process?

Rather, the duty to protect the public in circumstances such as these (suing internet users for the download of copyrighted materials) is on the judges themselves.

Judges know (or their clerks can easily discover) when a particular copyright holder is a “copyright troll” and they know if the same parties have filed serial lawsuits in one state, or if they have filed multiple lawsuits in multiple states, or whether that same entity has sued defendants using multiple shell companies.  Judges also know that most accused defendants cannot pay a lawyer even for the most basic defense.

Too often, judges do not act as the gatekeepers they are, and they let the copyright holders do whatever they want to do while the judges pretend to pressure the copyright holders to move forward and name and serve defendants, or not. This is a charade — one that unnerves me, because it is an open secret that the copyright holders have absolutely no interest in taking a case to trial.

Judges who rubber stamp “expedited discovery” motions: WHY allow copyright holders access to the names of the accused John Doe Defendants when those copyright holders have shown through their past filings that they have absolutely NO INTENTION of proceeding to trial?  And why not make the plaintiff copyright holders demonstrate that they intend to proceed to trial (e.g., by having them post a bond as a matter of course) rather than using your federal court as a weapon to extort settlements from defendants who otherwise do not have the funds to pay for an adequate defense?

Since I mentioned Voltage Pictures, Inc. in this article (since they are the ones behind the Dallas Buyers Club, LLC lawsuits from a few months ago, and more recently, they are the ones behind the Fathers & Daughters Nevada, LLC lawsuits), below are a list of cases filed across the U.S. (and this is only a small sample of the lawsuits that were filed).  Judges, how can you NOT know that this “Fathers & Daughters Nevada, LLC” entity is a shell company practicing copyright trolling across the US?!?  Will you now let this “shell” entity do the same thing that every Voltage Pictures, Inc. “shell” entity did before them?  Ask yourself: Have ANY of these Voltage plaintiffs gone to trial?

Current Cases Affected by this Article (I am listing these so that you see how deep the Voltage Picture lawyer network goes — cases are not only filed in Texas, but like the Malibu Media, LLC cases were, they are filed across the US):

Fathers & Daughters Nevada, LLC v. Does (Case No. 4:16-cv-01968, Texas Southern District Court (July 5, 2016))
[Plaintiff Attorney Joshua S. Wyde]

Fathers & Daughters Nevada, LLC v. Does (Case No. 4:16-cv-01315, Texas Southern District Court (May 10, 2016))
[Plaintiff Attorney Joshua S. Wyde]

Fathers & Daughters Nevada LLC v. Unknown Parties (Case No. 2:16-cv-01073, Arizona District Court (April 15, 2016))

Fathers & Daughters Nevada LLC v. Unknown Parties (Case No. 1:16-cv-00362, Michigan Western District Court (April 8, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 2:16-cv-10948, Michigan Eastern District Court (March 16, 2016))

Fathers And Daughters Nevada, LLC v. Does 1-26 (Case No. 1:16-cv-02452, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-32 (Case No. 1:16-cv-02453, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-17 (Case No. 1:16-cv-02456, Illinois Northern District Court (Feb. 22, 2016))

Fathers And Daughters Nevada, LLC v. Does 1-21 (Case No. 1:16-cv-02450, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 2:16-cv-10371, Michigan Eastern District Court (Feb. 2, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 2:16-cv-10372, Michigan Eastern District Court (Feb. 2, 2016))

Fathers & Daughters Nevada, LLC v Does 1 Through 12 (Case No. 1:16-cv-00187, Hawaii District Court (April 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 4:16-cv-10948, Michigan Eastern District Court (March 16, 2016))

Fathers and Daughters Nevada LLC v. Unknown Parties (Case No. 2:16-cv-00406, Arizona District Court (Feb. 12, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 4:16-cv-10939, Michigan Eastern District Court (March 15, 2016))

Fathers & Daughters Nevada, LLC v. John Does 1-7 (Case No. 1:16-cv-01318, Colorado District Court (June 1, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 2:16-cv-10939, Michigan Eastern District Court (March 15, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 4:16-cv-10751, Michigan Eastern District Court (March 3, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-18 (Case No. 4:16-cv-10785, Michigan Eastern District Court (March 4, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 4:16-cv-10654, Michigan Eastern District Court (Feb. 23, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-11 (Case No. 2:16-cv-10910, Michigan Eastern District Court (March 14, 2016))

Fathers & Daughters Nevada, LLC v. John Does 1-15 (Case No. 1:16-cv-00560, Colorado District Court (March 8, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00670, Colorado District Court (March 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-11 (Case No. 4:16-cv-10910, Michigan Eastern District Court (March 14, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00747, Colorado District Court (March 31, 2016))

Fathers and Daughters Nevada, LLC v. Does (Case No. 1:16-cv-00278, New Mexico District Court (April 11, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 4:16-cv-10372, Michigan Eastern District Court (Feb. 2, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00613, Colorado District Court (March 16, 2016))

Need more examples?


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.

Dallas Buyers Club rivals adult film bittorrent lawsuits in quantity of lawsuits.

As a quick recap, the Dallas Buyers Club, LLC piracy lawsuits started in Texas and Ohio, and like a cancer, over the past year they have metastasized into the federal courts of Illinois, Florida, Oregon, Washington, Colorado, Michigan, Indiana, Wisconsin, and even Hawaii.  Copyright lawyers employed by Dallas Buyers Club have even moved their copyright enforcement activities offshore into Canada, Australia, Finland, Denmark, and Japan.

Regardless of where they go, their business model is the same — Voltage Pictures, LLC or Dallas Buyers Club, LLC files a peer-to-peer lawsuit alleging copyright infringement against multiple John Doe Defendants (generally referred to by plaintiffs as “pirates”), they convince a federal judge to rubber-stamp a subpoena demanding that the ISP turn over the contact information of the accused account holders unless the accused account holders file what is known as a “motion to quash.”  The target of the subpoena is almost always the account holder, implying that the account holder is the actual downloader or infringer who downloaded the Dallas Buyers Club (2013) movie.  The plaintiff attorney then sends one or multiple settlement demand letters to the accused downloaders in each case threatening that each will be “named and served” as a defendant in the lawsuit unless they pay a settlement of thousands of dollars (settlement requests average $3,500 to $6,500 [and in one case, $14,000, really?] depending on the state in which the lawsuit is filed).

Where the settlement demand letters blur the line of ethics is that many plaintiff attorneys employ scare tactics, making the John Doe Defendant believe that the lawsuit has already been filed against them personally.  Various attorneys have sent accused downloaders “waiver of service” forms and questionnaires along with their settlement demand letters suggesting that the not-yet-named-defendants answer these questions voluntarily, or that they waive service effectively negating the need for the plaintiff attorney to name and serve them as a defendant.

What bothers me is that because Dallas Buyers Club is not an “adult film” copyright infringement lawsuit (but rather, a “real” movie with a valid copyright and without the stigma of being an adult film), the federal judges are giving them leeway to move in and out of the federal courts to “enforce” their copyrights.  In U.S. copyright law, there is a legal presumption of validity, which means that a judge will initially lean towards favoring the copyright owner until that copyright owner has been shown to be abusing the legal process through a pattern of abuse.  Attorneys for copyright holders who represent the plaintiff generally (in our blog and in the eyes of the courts) get increased scrutiny because they have represented other copyright holders in similar lawsuits employing the same strategy of “sue and settle, but try not to name and serve [and if you do, bluff to the judge that you are prepared to go to trial on the merits of the case].”

These lawyers who file Dallas Buyers Club lawsuits (these are those who sue defendants, NOT those who defend defendants) include a growing list of attorneys, such as: Keith Vogt (Texas), Michael Hierl (Illinois), David Stephenson Jr. (Colorado), Eric Osterberg (Connecticut), Richard Fee (Florida), Paul Nicoletti (Michigan), Carl Crowell (Oregon), Leon Bass (Ohio), and Gregory Ferren (Hawaii).

Many of these names are familiar to those who have followed our “copyright troll” / bittorrent lawsuit blogs over the years, and we often see these names representing one copyright holder after another in the same fashion.  Regardless of who the lawyer is, be aware of the motivation of the Dallas Buyers Club lawsuits — to create a ‘windfall’ profit for the company by pursuing those who download the movie without authorization, and to scare and intimidate the accused downloaders into paying large settlement amounts to avoid defending the claims against them in court.

Related: Dallas Buyers Club launches post-Oscar copyright salvo, sues 615 Does (ArsTechnica)


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.

Malibu targets the wealthy in their geolocation tracking.

Is Malibu Media, LLC targetting the wealthy in their settlement scheme?

Malibu Media, LLC has been filing lawsuits across the U.S. with a fervor with one change — most of them appear to be “Single John Doe” lawsuits against defendants whom they believe have deep pockets.

NOTE: BEFORE READING THIS ARTICLE: If you have not already done so, and you are implicated as a John Doe in a Malibu Media, LLC lawsuit, read these first:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ]
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info [at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

Malibu Media is looking for… Deep Pockets?!?

Yes, Malibu Media, LLC appears to be suing those defendants with deep pockets.  How?

It appears that Malibu is looking at the geolocation data of the various IP addresses of the so-called downloaders, and they are going after defendants who live in towns which have high value residential homes. I know this because based on the individuals who call our office, a disproportionate number of them have commented that they have multi-million dollar estates, and they were wondering whether it was ethical to target high value individuals in their copyright infringement lawsuits.

Malibu Media Incentives to Local Counsel??

To make matters worse, Malibu Media, LLC appears to have incentivized their local counsel with financial rewards for bringing in higher settlements. In the olden days, I could have called one of their contacts directly, and within a few phone calls, I knew what kind of settlement a defendant could get based on how many “titles” or alleged instances of infringement they were accused of downloading. From there, the client and I would decide whether it made more financial sense to fight the case by waiting to be named and filing an answer in court, or whether it made more financial sense to settle the case. Malibu has complicated this process in order to provide the appearance of legitimacy for the courts. Now, they are having their local counsel negotiate the settlements themselves. This would be okay, but it is my experience that local counsel are asking for higher numbers than I know Malibu would have settled for just a few months ago. “The old settlement numbers you used to have with Malibu are no longer in effect,” one local counsel told me as she pushed for higher numbers. “We are doing this ourselves now.”

And now Malibu Media is tracking their targets’ other downloads?

To make matters worse, when Malibu Media, LLC identifies a downloader by his IP address, they track that IP address and monitor that defendant to see what other bittorrent files that defendant is downloading (wiretap?). They continue to monitor that defendant downloading non-Malibu Media titles such as “The Walking Dead,” “Homeland,” “Breaking Bad,” often creating a list multiple pages long of “other” infringing activities that defendant has taken part in. Their logic is that because a particular defendant downloaded those other titles, he is a “serial downloader” and thus it is more likely that he downloaded their titles as well. A number of us attorneys have explained to their local counsels’ deaf ears that just because a particular IP address downloaded a number of bittorrent titles does not mean that the accused defendant is that downloader. However, even the best attorney’s understanding of the law can be clouded when money influences that attorney’s understanding of it.

Good news, the “other downloads” are inadmissible character evidence.

On a positive note, in just a few weeks, we have seen judges rule that the “other” BitTorrent activity listed in their complaints [for works not owned by Malibu Media] is inadmissible under the Federal Rules of Evidence (“FRE”), specifically Rule 404 on “Character Evidence.” The reason for this is because “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.” In other words, proving that a particular defendant is a “serial downloader” is not admissible to prove that on a particular date and time, that defendant downloaded Malibu Media’s copyrighted titles. Shame on Malibu attorneys for not knowing this.

Further, judges have ruled that introducing evidence of “other” downloads is not relevant and is actually prejudicial to the defendant, and thus that so-called evidence is not admissible to prove that the defendant downloaded Malibu Media, LLC’s titles. As one example, Judge Stephen Crocker has frozen all of Malibu Media, LLC’s cases in the Western District of Wisconsin for this very purpose (link).

In summary, these aggressive missteps will hurt Malibu cases.

In sum, messing up on the Federal Rules of Evidence and doing so on each of their “Single Doe” upper-class cases was a big mistake which they might not be able to undo.  And also on a positive note, because they have filed so many “Single Doe” cases across the country, judges across the U.S. are looking deeper into their tactics and their evidence of infringement.  See @Ddragon229’s article on the FCT website, “Winds of change begin to blow on Malibu Media” for details on the character evidence issue.

Despite this, Malibu Media, LLC continues to file lawsuits across the U.S. in alarming numbers, and in each case, they continue to file this prejudicial information of “other” downloads as their “Exhibit C” in each case. A snippet of cases filed in just the last few weeks is pasted below:

Cases filed by Chris Fiore in the Pennsylvania Eastern District:
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02858)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02859)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02867)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02868)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02854-JP)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02855-MMB)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02856-JD)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02857-SD)
Malibu Media LLC v. John Doe (Case No.2:13-cv-02863-PD)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02864-HB)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02765-MSG)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02766-MSG)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02767-WY)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02768-PD
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02769-RB)
Malibu Media LLC v. John Doe (Case No. 2:13-cv-02770-CMR)

Cases filed by Mary Schulz of Schulz Law PC in the Illinois Northern District:
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03726)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03699)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03700)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03703)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03704)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03705)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03706)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03707)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03710)
Malibu Media LLC v. John Doe (Case No. 1:13-cv-03711)

Cased filed by Paul J. Nicoletti of Nicoletti & Associates PLLC inn the Michigan Eastern District:
Malibu Media LLC v. John Doe subscriber assigned IP address 71.238.205.92 (Case No. 4:13-cv-12231-MAG-MAR)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.42.185.159 (Case No. 2:13-cv-12210-RHC-MJH)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.4.96 (Case No. 2:13-cv-12213-SFC-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.84.236 (Case No. 2:13-cv-12214-AJT-MKM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.60.140.87 (Case No. 2:13-cv-12216-PDB-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.62.41.133 (Case No. 2:13-cv-12217-VAR-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 69.14.181.108 (Case No. 2:13-cv-12218-NGE-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 69.246.89.172 (Case No. 2:13-cv-12220-AJT-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 67.149.158.6 (Case No. 2:13-cv-12197-GAD-PJK)
Malibu Media LLC v. John Doe subscriber assigned IP address 67.149.89.224 (Case No. 2:13-cv-12198-PDB-MKM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.40.123.7 (Case No. 2:13-cv-12200-GER-MKM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.40.46.12 (Case No. 2:13-cv-12201-DPH-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.43.35.2 (Case No. 2:13-cv-12202-PDB-DRG)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.170.197 (Case No. 2:13-cv-12204-GAD-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.19.221 (Case No. 2:13-cv-12206-DPH-LJM)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.41.86.4 (Case No. 2:13-cv-12208-MOB-RSW)
Malibu Media LLC v. John Doe subscriber assigned IP address 68.42.172.154 (Case No. 2:13-cv-12209-SJM-MKM)

Cases filed by Paul J. Nicoletti of Nicoletti & Associates PLLC in the Indiana Northern District:
Malibu Media LLC v. John Doe 12 (Case No. 1:13-cv-00166-PPS-RBC)
Malibu Media LLC v. John Doe 5 (Case No. 1:13-cv-00164-PPS-RBC)
Malibu Media LLC v. John Doe 9 (Case No. 1:13-cv-00165-PPS-RBC)

PERSONAL NOTE: Even with all these cases, I have only listed 46 cases having 46 defendants. With the hundreds of filings, it becomes impossible to track and report on each case. The more I look at each of these cases, the more I feel as if they have succeeded in preventing attorneys like myself from tracking and reporting on each of their hundreds of cases. Obviously I am still here, and I am still reporting on these cases. My list of cases to track has just gotten a bit larger.

What else can you tell me about the Malibu Media cases?

[2017 UPDATE] The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:Again, if you have been implicated as a John Doe defendant in a Malibu Media, LLC lawsuit, there are TWO (2) main articles you should read immediately:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info [at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

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.