Category Archives: Pennsylvania (PA)

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)

WWE Studios Finance Corp. (“Eliminators”) Charles Rainey to be sanctioned?

What just happened in Nevada with the Eliminators Movie lawsuits?

WWE Studios Finance Corp. Nevada attorney Charles Rainey just sent what appear to be unauthorized subpoenas to CenturyLink subscribers accused of downloading their “Eliminators” movie. The last time an attorney made such a mistake was in 2011, and that attorney (Evan Stone) got sanctioned for the same conduct.

How did we know about the Eliminators movie lawsuit so early in the process?

Last Friday in my RIGHTSENFORCEMENT (NEW MPAA MOVIE COMPANIES GONE COPYRIGHT TROLL) article, I provided a new list of movies which RIGHTSENFORCEMENT listed on their website as “new clients.” I predicted that they would soon be filing lawsuits based on these movies. That same day, my prediction came true (I wasn’t expecting lawsuits for the Eliminators movie for another few months, as this same ‘common troll’ entity is still focusing their efforts on the ME2 Productions (Mechanic:Resurrection movie) lawsuits, the Cook Productions (Mr. Church) lawsuits, and the I.T. Productions (I.T. Movie) lawsuits).

WWE Studios Finance Corp. [now joining the ranks of many shell entities suing on behalf of a ‘common troll‘ entity], just filed suit against a small group (under 100) John Doe Defendants in Connecticut (CT), Hawaii (HI), Pennsylvania (PA), and Nevada (NV).

WHAT IS A ‘COMMON TROLL’ ENTITY?:  A ‘common troll’ entity is one that contacts a movie production company for a failed movie (e.g., a “flopper”), and convinces it to license the rights to sue defendants who view their films without authorization (e.g., via bittorrent or Popcorn Time).  That ‘common troll’ entity then sets up a shell corporation (or, enlists some other limited liability entity) masquerading as the copyright holder itself and sues defendants in federal court for copyright infringement on the copyright holder’s behalf.

WWE Studios Finance Corp. is claiming copyright infringement for the unlawful download of the “Eliminators” movie. Here is a snapshot of that title from the RIGHTSENFORCEMENT copyright troll’s own site (noting its placement among other movies, which I believe will soon be subject of future lawsuits):
wwe-studios-finance-corp-eliminators-imageThe purpose of this article, however, is not to discuss the WWE Studios Finance Corp. movie lawsuits, but to discuss their Nevada attorney, Charles Rainey of Hamrick & Evans, LLP (let’s hope they have some good malpractice insurance based on what I am about to share).

Who is WWE Studios’ plaintiff attorney Charles Rainey?

Charles Rainey is the plaintiff attorney / copyright troll attorney filing all of the WWE Studios Finance Corp. (Eliminators movie) lawsuits on behalf of his ‘common troll‘ (Guardaley / MPAA) client. I was looking at the docket for his WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00899) case, and it occurred to me that Charles Rainey sent subpoenas out to CenturyLink subscribers WITHOUT AUTHORIZATION FROM THE JUDGE.

What is your proof that this sanctionable conduct occurred?

Here is a copy of the court’s docket — you’ll notice NO AUTHORIZATION from Nevada Magistrate Judge Cam Ferenbach giving him permission to send the subpoenas, and sending subpoenas without explicit authorization to do so can land the copyright troll attorney with SANCTIONS from the court.

050217-WWE-Studios-Subpoena-Sent-to-CenturyLink-Without-Court-Authorization-image

What support do you have that sending subpoenas to ISPs without court authorization is sanctionable conduct?

If you are an attorney and you were practicing back in 2011 (or if you were following cases even back then), you might remember the last time an attorney did that. Does the name Evan Stone out of Dallas, TX sound familiar to you?

Read about what happened to copyright troll Evan Stone when he did the same thing.

In short, before WWE Studios (Eliminator movie) copyright troll attorney Charles Rainey even asked the court for permission as to whether WWE Studios could send the subpoenas to unmask the identities of the John Doe Defendants implicated in his Nevada cases, “he will have already received identifying information of the CenturyLink subscribers and will have already been communicating with the John Doe Defendants in this case (and possibly others), likely to discuss or extort a settlement from each defendant… all this before the court even gave him permission to ask for the identities of the John Doe Defendants.”

Can you complain to the judge on our behalf as our attorney?

Yes.  Now obviously, Nevada District Magistrate Judge Cam Ferenbach (and Nevada District Judge Jennifer A. Dorsey) likely do not yet know that Charles Rainey had the chutzpah (using the language from the Evan Stone sanctions) to subpoena the names of the defendants without their authorization.  But now they will know about it, and if you are a WWE Studios Finance Corp. v. John and Jane Does Defendant, you should certainly complain about this because Charles Rainey is not yet entitled to know who you are.

What is your opinion about sanctions, and would $10,000 sanctions be appropriate?

As an attorney, I don’t like seeing any attorney get sanctioned.  However, copyright trolls and their attorneys engage in what is known as an abuse of process, or more easily said, an abuse of the court’s resources.  They pay the court one $400 fee to file the case against multiple defendants, and they cost the judge many months of time adjudicating the case when in reality, they are using the lawsuit as a mechanism to shake down John Doe defendants accused of unlawfully viewing their client’s movies.

When calculating sanctions, such a calculation should be commensurate with the amount of money that attorney has unlawfully collected through his scheme (and I wouldn’t find it objectionable to expand the scope of the sanctions investigation into other settlement amounts received on behalf of the same copyright troll ‘common troll’ entity filed in this same court).

In the case of Evan Stone, he collected tens (possibly hundreds) of settlements at $2,500 per settlement, and that is why I thought $10,000 sanctions against Evan Stone was inappropriately low — it only amounted to FOUR settlements.

Here with this WWE Studios Finance Corp. entity (and more particularly, the ‘common troll’ entity behind the scenes and in the shadows), settlement amounts are significantly higher than in 2011 when Evan Stone filed his lawsuits in the Dallas, TX federal courts.

This same entity filing this “Eliminators” movie lawsuit also is also filing the ME2 Productions (Mechanic:Resurrection movie) lawsuits, the Cook Productions (Mr. Church) lawsuits, the I.T. Productions (I.T. Movie) lawsuits, and has also filed hundreds of others over that past five years.  From this history, we already know that settlement amounts solicited can be as low as $3,500, and as high as $8,000.

Thus, if the court decided to sanction Rainey for this same conduct that the Texas Northern District Court sanctioned Evan Stone in 2011, it should be commensurate with the settlement amounts Charles Rainey is soliciting and bringing in for his ‘common troll’ client.  Plus, we are six years and literally 6,000+ copyright troll cases after the Evan Stone cases were filed, where copyright trolling and the process of obtaining early discovery from the court is well known.  Thus, any attorney who sends subpoenas to ISP [without authorization from the court] forcing them to disclose the identities of their subscribers should know better.


FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about WWE Studios Finance Corp. lawsuits (I will be creating the page shortly), their known tactics, and their strategies.  To set up a free consultation to speak to an attorney about your WWE Studios Finance Corp. 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.

List of WWE Studios Finance Corp. Lawsuits for the Eliminators Movie By State:

In the Connecticut District Court:

WWE Finance Studio Corporation v. Does 1-14 (Case No. 3:17-cv-00572)

In the Hawaii District Court:

WWE Studios Finance Corp. v. Does 1 Through 16 (Case No. 1:17-cv-00165)

In the Pennsylvania Eastern District (PAED) Court:

WWE STUDIOS FINANCE CORP. v. JOHN DOES 1-8 (Case No. 2:17-cv-01617)

In the Nevada District Court:

WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00899)
WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00897)
WWE Studios Finance Corp. v. John and Jane Does (Case No. 2:17-cv-00896)
WWE STUDIOS FINANCE CORP. v. JOHN AND JANE DOES (Case No. 2:17-cv-00893)

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.

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.

Understanding the patterns of filings by Malibu Media, LLC.

It is difficult to track the activities of a copyright troll such as Malibu Media, LLC, especially when they are filing hundreds of “single John Doe” lawsuits across the U.S.  However, when there is a momentous ruling by a federal U.S. District Court Judge such as the one we saw yesterday in New York, then the story begins to reveal itself.

A few weeks ago, I noticed that there was a shift in the locations where Malibu Media, LLC was filing their cases. Cases began to shift into Ohio (OHND, OHSD), Virginia (VAED), and Pennsylvania (PAED) federal courts (courts which I refer to as “safe haven” courts because of past rulings by judges who allowed Malibu’s cases to proceed unhindered), however I did not understand why.

It was only until a recent conversation with one of Malibu’s local counsel that I understood that they were already aware that this ruling was coming down, and so they shifted their filings into other federal courts in other parts of the country to counterbalance what could be a shift in the law of the New York federal courts.  Call this the dirty word “forum selection,” or call it whatever you would like, but there is a pattern which can be graphed like birds flocking across the U.S. based on rulings that happen in the federal courts.

In sum, in my jaded view over the past five years of dealing with nothing but these bittorrent cases, there is no way to shut down the Malibu Media, LLC copyright infringement / “extortion” machine, as this requires participation from every judge in every federal district court. And, it is a difficult task to break the “my court, my world, my rules” mentality that so many appointed federal judges have (where their appointments often have political leanings or where there is a loyalty to a certain belief system or group).

Specifically, even with an appointed federal judge with a political proclivity to a certain viewpoint, it becomes even more difficult to break the lobbyists’ (such as the MPAA / RIAA copyright anti-piracy lobby) grip, which whisper in the judges’ ears (rich with funding and which no doubt influence decisions across the U.S. [and I dare not bring the question of whether the judges are influenced by bias or “gifts” from these lobbyists (legal or otherwise), and I say this because there have been more than a few questionable rulings which suggest to me that at the very least, certain federal judges have a leaning towards one side or the other and where the law is clear, they still differ to allow the copyright holder to prevail]).

In sum, we have a legal system where when a judge upholds the law, he is lauded and congratulated as if he did something wonderful, when upholding the law was the job in which he was appointed to do and which he took an oath to uphold.

There are easy solutions to wipe out Malibu Media, LLC, and every other copyright troll out there who abuses the legal system in order to extort massive settlements from their defendants, however, the country appears not to be ready to address the issue. Senators, congressmen, federal judges, I don’t have anything to say except to do the right thing. And in the merit of judges such as District Judge Hellerstein, Judge Wright, and many other lone wolf judges who do uphold the law, you have my respect and my continued devotion.

Below are the most recent 100 Malibu Media, LLC filings, filed literally only in the past few weeks. You’ll notice, not one of them was filed in the Southern District of New York (or ANY New York federal court. I wonder why.)

OHIO NORTHERN DISTRICT COURT (Yousef M. Faroniya of Law Office of Yousef M. Faroniya)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01340)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01341)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01343)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01342)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01345)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01346)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01339)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01344)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01316)
Malibu Media, LLC v. John Doe (Case No. 4:15-cv-01312)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01319)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01317)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01315)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01314)

OHIO SOUTHERN DISTRICT COURT (Yousef M. Faroniya of Law Office of Yousef M. Faroniya)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00235)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02516)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02518)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02515)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02477)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00236)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02517)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02519)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00435)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02456)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00230)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00423)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02453)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02454)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00422)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02455)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02457)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00224)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00224)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00228)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02452)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00420)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00421)

VIRGINIA EASTERN DISTRICT COURT (William E. Tabot of William E. Tabot PC)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00855)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00851)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00859)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00860)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00852)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00862)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00865)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00856)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00853)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00861)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00857)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00863)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00866)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00850)

PENNSYLVANIA EASTERN DISTRICT COURT (Christopher P. Fiore of Fiore & Barber LLC)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03598)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03600)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03602)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03604)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-03599)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03601)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03603)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03605)

MARYLAND DISTRICT COURT (Jon A. Hoppe of Maddox Hoppe Hoofnagle & Hafey LLC)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01851)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01864)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01865)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01855)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01861)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01862)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01869)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01854)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01866)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01868)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01859)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01858)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01871)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01863)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01853)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01867)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01870)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01857)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01856)

NEW JERSEY DISTRICT COURT (Patrick J. Cerillo – Attorney at Law)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04307)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04309)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04276)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04305)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04287)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04288)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04308)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04304)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04275)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04278)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04310)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04272)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04273)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04269)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04230)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04232)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04243)

MICHIGAN EASTERN DISTRICT COURT (Paul J. Nicoletti of Nicoletti Law PLC)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12293)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12294)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12274)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12283)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12290)


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.

Manny Film LLC bittorrent lawsuits are really a story of defense attorney betrayal.

Manny Copyright Troll

PERSONAL NOTE: I started writing this article about the Manny Pacquiao film lawsuits, and the more I read about the cases, the more upset I got. The gist of the article was originally going to be that the same plaintiff “copyright troll” attorneys who have been filing cases against John Doe Defendants for their Malibu Media LLC client are the same attorneys for the many Manny Film LLC cases filed across the U.S.  Thus, we will be able to predict when representing clients what they will be doing with these lawsuits.

However, there is a real story here with the Manny Film LLC lawsuits, and that story is how the copyright trolls have succeeded in luring those who I considered my peers (fellow defense attorneys) to switch sides to the plaintiff “copyright troll” side of these abusive lawsuits and start suing the very same group of people they once built their reputation swearing to protect. That’s the real story.

Imagine you are downloading the “Top Ten Pirated Movies” from TorrentFreak… Exodus: Gods and Kings… The Hobbit… Fifty Shades of Grey… the newest Hunger Games… and you say, “oh yeah, let me pull that crappy looking movie that is also here, Manny (2014). Maybe it will be the new Rocky.”

How upset would you be after you wasted 88 minutes of your life that you will never get back, and you realize that critics HATED the film? How much more upset would you be when you receive a subpoena notice in the mail from your ISP that you have been sued in federal court for the piracy of …not Fifty Shades of Grey… not the Hobbit or Hunger Games… but for that Manny Pacquiao film?!? How much more upset would you be when you find out that the copyright holder / corporate entity for that Manny Pacquiao film, “Manny Film LLC,” has hired Lipscomb & Eisenberg, the law firm behind ALL of the copyright troll attorneys who have been filing the Malibu Media, LLC lawsuits all across the U.S.?

Then, how would you feel if you found out that the local attorneys hired by Lipscomb generally don’t play fair when discovery is requested, or when a valid defense is asserted? And when you learn that all of the Malibu Media dirty little secrets that their digital forensics are flawed (just as Manny Film LLC’s forensics are probably equally as flawed), how would you feel then when they block your attempts at discovering the truth of their operation?  Then, when you decided to make a reasonable offer to settle the claims against you, how would you feel when the plaintiff attorneys reject your reasonable offer, and instead they offer you an INCOME-BASED SETTLEMENT — a settlement NOT based on the fair market value of the movie you downloaded, but rather a settlement based on your neighborhood’s median income based on public information and property values in your zip code?

Yep, I could imagine you’d be a bit upset.

Let’s make this a bit more personal.  As of writing this article, it appears as if over 150 cases have been filed so far in four (4) states — New Jersey, Ohio, and notably, Florida and Pennsylvania.  The plaintiff attorneys in the Manny Film LLC  cases are the same attorneys that you will find for the Malibu Media lawsuits, and thus we already have an idea of what to expect from each character:

Yousef Faroniya is handling the Ohio lawsuits. He’s the one who doesn’t like speaking to people over the phone.

Keith Lipscomb himself is the attorney handling the Florida lawsuits (although I suspect he’s the kingpin behind all of the lawsuits filed in every state).

Jordan Rushie is handling the New Jersey lawsuits (I half expected him to take the PA lawsuits as well since PA is his backyard, but Lipscomb’s local counsel Chris Fiore [who successfully filed many cases against John Doe Defendants and is best known for Malibu Media’s first “win” in the PA courts under what are known as the Malibu Media Bellwether cases] already was there as a copyright troll for Keith Lipscomb). The interesting part about Jordan is that he’s a “switch-hitter.” One day, he’ll represent a defendant, and the next day, he’ll represent a copyright troll. Perhaps he likes boxing, or maybe with the dissociation of his partnership with Leo Mulvihill at the Fishtown lawyers, he’s looking to either make a name for himself, and teaming up with the largest of the copyright trolls is a way to get everyone’s attention.

What bothers me about Jordan Rushie playing plaintiff is that I suspect that he is an apprentice of Marc Randazza (I expect Marc has mentored him quite well since they started working together in 2012). Thus, anyone who knew the then-innocent Jordan Rushie from before the partnership (you know, the guy who posted on twitter comments and even made a YouTube video about his leather briefcase, and asking the Twitter world which bag looked most professional so that he can look good when he shows up in court) will likely see a very different and more seasoned Jordan Rushie with these lawsuits.

Since I mentioned Marc’s name, Marc Randazza was the plaintiff attorney for the Liberty Media Holdings, LLC (most notably, Liberty Media Holdings, LLC v. John Does 1-441 where he broke the mold of how far a copyright troll is willing to push a lawsuit, where while most copyright trolls only huff and bluff about naming and serving defendants, Marc didn’t even threaten to do so — he just did it. His settlements were also significantly higher than the average and included questionable stipulated settlements. Jordan Rushie in 2012 became his local counsel, and no doubt, the schooling Marc hopefully has given him will make Jordan a formidable attorney to anyone who downloaded that Manny movie.

Lastly, I don’t know if I read this correctly, but I think (UPDATE: I did, and I am very upset about this) I also saw that David Tamaroff and Daniel Tamaroff of their Tamaroff & Tamaroff Law Firm were the plaintiff attorneys for all of the Florida Middle District cases. This is not only upsetting — this is a betrayal, as David and his brother Daniel have spent so much money, time, and effort trying to build their practice on the DEFENSE side of things. Why they would ruin their reputation and start representing the copyright troll side of the lawsuits is beyond me. Don’t they realize that copyright trolling is a slippery slope, and eventually it leads to the copyright troll losing his law license?!? All I could say to them is, “Tread carefully. Trolling is a slippery slope, especially with the company of folks you’ve aligned yourselves with.”

There you go. The Manny film. Quite honestly, who cares even a little bit about the film. The people behind the Manny film obviously have crooked morals, as they have chosen Lipscomb and the Malibu Media gang to use their copyrighted film to extort money from what will be countless internet users. I wonder how many of those who will be the accused downloaders even watched the film that they downloaded, and if so, I wonder whether they recall the experience, and would they do it again if they knew what was going to happen to them next. AT LEAST when speaking to Malibu Media defendants, I sometimes get a guilty chuckle from the accused downloaders saying, “yeah, those were good videos.”

[HINDSIGHT: (2017 UPDATE, AND INTERESTING FACT:) IN 2015, YOU CAN SEE THAT I SUSPECTED THAT THERE WAS A REASON WHY THE ATTORNEYS FILING THE MANNY FILM LAWSUITS WERE THE SAME ATTORNEYS FILING THE MALIBU MEDIA PORN-BASED LAWSUITS, BUT BACK THEN, I COULDN’T PUT MY FINGER ON IT.

COMMON THREAD: GUARDALEY. GUARDALEY WAS NOT ONLY THE FORENSIC COMPANY BEHIND THE MALIBU MEDIA, LLC LAWSUITS, BUT IT IS NOW COMING OUT THAT THEY WERE ALSO BEHIND OF THE MAINSTREAM MOVIE LAWSUITS FILED ACROSS THE U.S., LIKELY — EVEN THE MANNY FILM LAWSUITS I WROTE ABOUT HERE.]


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@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.

Filed in the U.S. District Court of New Jersey (NJD)
Plaintiff Jordan Rushie sometimes misspelled on the court record as, “Jordan Rusie of Flynn Wirkus Young PC”

Manny Film LLC v. Doe (Case No. 1:15-cv-01497)
Manny Film LLC v. Doe (Case No. 1:15-cv-01498)
Manny Film LLC v. Doe (Case No. 1:15-cv-01529)
Manny Film LLC v. Doe (Case No. 1:15-cv-01530)
Manny Film LLC v. Doe (Case No. 1:15-cv-01531)
Manny Film LLC v. Doe (Case No. 1:15-cv-01533)
Manny Film LLC v. Doe (Case No. 1:15-cv-01534)
Manny Film LLC v. Doe (Case No. 1:15-cv-01539)
Manny Film LLC v. Doe (Case No. 1:15-cv-01564)
Manny Film LLC v. Doe (Case No. 1:15-cv-01565)
Manny Film LLC v. Doe (Case No. 2:15-cv-01482)
Manny Film LLC v. Doe (Case No. 2:15-cv-01483)
Manny Film LLC v. Doe (Case No. 2:15-cv-01484)
Manny Film LLC v. Doe (Case No. 2:15-cv-01487)
Manny Film LLC v. Doe (Case No. 2:15-cv-01488)
Manny Film LLC v. Doe (Case No. 2:15-cv-01495)
Manny Film LLC v. Doe (Case No. 2:15-cv-01503)
Manny Film LLC v. Doe (Case No. 2:15-cv-01504)
Manny Film LLC v. Doe (Case No. 2:15-cv-01517)
Manny Film LLC v. Doe (Case No. 2:15-cv-01518)
Manny Film LLC v. Doe (Case No. 2:15-cv-01520)
Manny Film LLC v. Doe (Case No. 2:15-cv-01521)
Manny Film LLC v. Doe (Case No. 2:15-cv-01522)
Manny Film LLC v. Doe (Case No. 2:15-cv-01523)
Manny Film LLC v. Doe (Case No. 2:15-cv-01528)
Manny Film LLC v. Doe (Case No. 2:15-cv-01532)
Manny Film LLC v. Doe (Case No. 2:15-cv-01535)
Manny Film LLC v. Doe (Case No. 2:15-cv-01536)
Manny Film LLC v. Doe (Case No. 2:15-cv-01537)
Manny Film LLC v. Doe (Case No. 2:15-cv-01538)
Manny Film LLC v. Doe (Case No. 2:15-cv-01540)
Manny Film LLC v. Doe (Case No. 2:15-cv-01541)
Manny Film LLC v. Doe (Case No. 2:15-cv-01542)
Manny Film LLC v. Doe (Case No. 3:15-cv-01489)
Manny Film LLC v. Doe (Case No. 3:15-cv-01490)
Manny Film LLC v. Doe (Case No. 3:15-cv-01545)
Manny Film LLC v. Doe (Case No. 3:15-cv-01552)
Manny Film LLC v. Doe (Case No. 3:15-cv-01553)
Manny Film LLC v. Doe (Case No. 3:15-cv-01554)
Manny Film LLC v. Doe (Case No. 3:15-cv-01557)

Filed in the U.S. District Court for the Eastern District of Pennsylvania (PAED)
Plaintiff Attorney: Christopher P. Fiore of Fiore & Barber LLC

Manny Film LLC v. John Doe (Case No. 2:15-cv-01157)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01156)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01158)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01159)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01163)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01164)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01165)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01166)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01167)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01168)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01170)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01171)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01172)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01173)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01174)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01175)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01176)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01178)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01179)
Manny Film LLC v. John Doe (Case No. 2:15-cv-01180)

Filed in the U.S. District Court for the Northern District of Ohio (OHND)
Plaintiff Attorney: Yousef Faroniya

Manny Film, LLC v. Doe (Case No. 1:15-cv-00465)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00466)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00467)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00463)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00464)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00461)
Manny Film, LLC v. Doe (Case No. 3:15-cv-00462)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00451)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00460)
Manny Film, LLC v. Doe (Case No. 1:15-cv-00444)

Filed in the U.S. District Court for the Middle District of Florida (FLMD)
Plaintiff Attorney: Daniel F. Tamaroff & David F. Tamaroff of Tamaroff & Tamaroff

Manny Film LLC v. John Doe (Case No. 3:15-cv-00262)
Manny Film LLC v. John Doe (Case No.3:15-cv-00263 )
Manny Film LLC v. John Doe (Case No. 3:15-cv-00265)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00266)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00366)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00368)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00370)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00371)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00373)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00374)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00377)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00378)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00380)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00381)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00382)
Manny Film LLC v. John Doe (Case No. 3:15-cv-00264)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00365)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00367)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00369)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00372)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00375)
Manny Film LLC v. John Doe (Case No. 6:15-cv-00379)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00506)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00507)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00508)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00509)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00510)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00495)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00496)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00497)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00498)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00499)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00500)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00501)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00502)
Manny Film LLC v. John Doe (Case No. 2:15-cv-00145)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00503)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00504)
Manny Film LLC v. John Doe (Case No. 8:15-cv-00505)

Filed in the U.S. District Courtfor the Southern District of Florida (FLSD)
Plaintiff Attorney: M. Keith Lipscomb of Lipscomb Eisenberg & Baker PLLC

Manny Film LLC v. John Doe (Case No. 0:15-cv-60454)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.175.83 (Case No. 0:15-cv-60455)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.249.236.20 (Case No. 0:15-cv-60456)
Manny Film LLC v. John Doe, subscriber assigned IP address 98.242.147.5 (Case No. 1:15-cv-20923)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.26.2.226 (Case No. 9:15-cv-80306)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80307)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20924)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80301)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80302)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.177.255 (Case No. 9:15-cv-80303)
Manny Film LLC v. John Doe, subscriber assigned IP address 75.74.122.227 (Case No. 1:15-cv-20920)
Manny Film LLC v. John Doe, subscriber assigned IP address 76.110.203.201 (Case No. 1:15-cv-20921)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.226.21 (Case No. 0:15-cv-60444)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.176.99.53 (Case No. 0:15-cv-60445)
Manny Film LLC v. John Doe, subscriber assigned IP address 66.229.140.101 (Case No. 0:15-cv-60446)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60447)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20905)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80298)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60448)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20907)
Manny Film LLC v. John Doe (Case No. 9:15-cv-80297)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60453)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60438)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60440)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60441)
Manny Film LLC v. John Doe (Case No. 0:15-cv-60442)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.56.69 (Case No. 1:15-cv-20894)
Manny Film LLC v. John Doe, subscriber assigned IP address 174.61.157.43 (Case No. 1:15-cv-20895)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20896)
Manny Film LLC v. John Doe (Case No. 1:15-cv-20899)

Response to the verdict in the Malibu Media Bellwether Trial

The ‘Bellwether Trial’ is Malibu Media’s FIRST Case to EVER Go To Trial

ID-100157775Image courtesy of @artur84 / FreeDigitalPhotos.net

Much of the bittorrent world is saddened by the leaked news reports of the recent “Bellwether” case in the Eastern District of Pennsylvania (Malibu Media v. John Does, Case No. 5:12-cv-02088) where at least one defendant is reported to be facing close to $112,500 in damages plus attorney fees for the peer-to-peer downloads he is said to have taken part in. The plaintiff attorneys, along with Keith Lipscomb and others who have a vested interest in seeing bittorrent cases against internet users succeed are drinking champagne and celebrating their victory.

 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.

My opinions, my convictions…

It is both my professional belief and my personal conviction that copyright trolling lawsuits are wrong, and while there is nothing illegal in suing a defendant for copyright infringement, doing so in my opinion is unlawful and morally corrupt. These lawsuits are nothing more than a STAGE SHOW to permit a behind the scenes SHAKEDOWN of accused internet users, whether or not they actually participated in the accused infringement. For G-d’s sake, the “guilty” so-called “criminal” defendant merely clicked on a link, and downloaded a title that was openly shared with thousands of other downloaders. To hit that defendant with a shock lawsuit where they face $150,000 statutory damages for a video that could have been purchased for a few bucks is a disproportionate punishment for the “crime” of downloading copyrighted films. Rather, instead of suing downloaders and letting the piracy continue, why not just end the piracy problem by issuing a DMCA take down notice to the bittorrent tracker? The alternative of sitting in bittorrent swarms and employing tracking software to track the IP addresses of who is downloading to me just seems like an abusive step to what would otherwise be a simple problem of making the torrent files go away so that unsuspecting downloaders couldn’t click on the links.

It is my conviction that copyright infringement lawsuits are wrong because it is simply immoral to shake down EVERY John Doe Defendant (yes, each one) with the threat of having to defend a lawsuit in federal court unless they cough up tens of thousands of dollars for downloads that the John Doe Defendant often did not even take part in. I have personally seen copyright trolls such as Malibu Media, LLC take large sums of money from defendants who did not do the download, but who were pressured into settling simply to avoid being named in a lawsuit. It is no secret that defending a case is sometimes significantly more expensive than settling a case.

Why the Bellwether Trial will not be binding on other courts.

Yet even with the pending resolution of this lawsuit, accused defendants across the U.S. in their own lawsuits should understand that this ruling will not be binding on other federal courts in other federal districts. Each federal court makes their own rules as to what constitutes copyright infringement, and what evidence is required to prove a defendant guilty when the so-called infringement happens via a bittorrent download. This is our job as attorneys — to know which districts have rules in favor of bittorrent users, and to know which districts have ruled in favor of the copyright holders. No doubt, the Eastern District of Pennsylvania will now become a favored spot to sue internet users across the U.S. for copyright infringement.

Why this so-called “trial” will not affect how we see Malibu Media, LLC cases.

Lastly, on a personal note, this case does not change the way a lawyer handles copyright infringement cases. At least in our Cashman Law Firm, PLLC, there is no silver-bullet approach — some defendants choose to settle, and many do not. Considerations as always involve 1) whether the download actually happened and the circumstances surrounding the accused activities, 2) the accused defendant’s willingness to fight and defend a copyright infringement lawsuit, 3) the accused defendant’s aversion to risk of having their name become public knowledge in a court proceeding, and 4) the accused defendant’s financial ability to take each of the various pathways we suggest.

In summary, determining how to proceed is a question of RISK.

In sum, not all guilty defendants settle, and not all non-guilty defendants fight.  It is simply a calculation and a risk assessment that is based on the client’s desires, the federal district in which the lawsuit is filed (taking into consideration past bittorrent cases filed in that jurisdiction), the judge who assigned to the case (taking into consideration his past rulings), and the plaintiff attorney (or more frequently, the local counsel’s) proclivity towards naming, serving, and taking defendants to trial balanced with their willingness to negotiate an amicable settlement should we decide to go that route.

Bittorrent cases [in their current form] have now been around for three (3) years, and now we have a verdict where a case has been taken to trial — by Malibu Media, LLC surprisingly enough.  When we started, there were no cases taken to trial, and now there is one.  Before the appearance in 2010 of the bittorrent cases, all we had to go on were the old Napster and Grokster cases, combined with the various lawsuits filed by the RIAA / MPAA and miscellaneous copyright infringement files dealing with the internet. Up until now we have been developing case law surrounding peer-to-peer downloads as each case matures. Now we are starting to get some clarity as to the law surrounding bittorrent use.

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