3 Reasons Why a Strike 3 Holdings Anonymous Settlement is a bad idea.

strike-3-holdings-anonymous-settlement-vixen-blacked-tushy-deeper

STRIKE 3 HOLDINGS ANONYMOUS SETTLEMENTS, BUYER BEWARE.

The purpose of this article is to specifically discuss the prospect of a Strike 3 Holdings Anonymous Settlement. A Strike 3 Holdings lawsuit targets users based on bittorrent activities tracked over a long period of time. Strike 3 Holdings copyright infringement lawsuits are filed with a federal court, Strike 3 Holdings subpoenas are sent to ISP subscribers, and after realizing that filing a motion to quash might not be the best option, deciding whether to negotiate a settlement or to fight becomes the main consideration.

Strike 3 Holdings settlements are very expensive — not because they ask for a lot of money for the bittorrent download of one of their copyrighted adult films, but because they ask for the settlement of EACH AND EVERY ONE OF THE STRIKE 3 HOLDINGS MOVIES YOU MAY HAVE DOWNLOADED OVER THE COURSE OF YEARS.  Thus, instead of asking for a settlement of, say, $3,500 for the download of one copyrighted video (as other copyright holders do), they’ll ask for a settlement of ALL 50 MOVIES they claim you downloaded over the last three (3) years.  This article will go into the various pitfalls a defendant may face when being lured into a Strike 3 Holdings anonymous settlement.

NOTE: BEFORE READING THIS ARTICLE: If you have not already done so, and you are implicated as a John Doe in a Strike 3 Holdings, LLC lawsuit, read these first:

  1. ISP Subpoena Notification Received – WALKTHROUGH.”
  2. Strike 3 Holdings, LLC — JUST THE FACTS.”
  3. “Everything You Need To Know in One Page About Your Strike 3 Holdings Lawsuit [FAQ]”
  4. “In-Depth Strike 3 Holdings.  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 Strike 3 Holdings, 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.

strike-3-holdings-anonymous-settlement

Strike 3 Holdings’s list of “movies infringed” is often INCOMPLETE (and for a reason).

If you choose to fight and defend the claims against you, they have ‘slick tricks’ built into their lawsuits.  They file their lawsuit alleging copyright infringement of only one (1) video, and they list (for example,) the fifty (50) videos they claim you downloaded over the years.  However, they hold back information from the court and they do not list the newest Vixen / Tushy / Blacked / Deeper. videos you have downloaded in the recent months.  Thus, if the lawsuit was filed in July, 2020 they’ll only list downloads you participated in until February, 2020.  This leaves all of the Strike 3 Holdings downloads you participated in between February 2020 – July 2020 off of the lawsuit.

Why would they do this?  Because they know that when you start fighting your case, you might dispute a number of their claims.  You might even go line-by-line and claim that they did not follow the copyright laws in protecting their rights (e.g., Strike 3 Holdings has consistently fudged the ‘publication’ requirement, as I have fought with them on this topic in the past).  However, whether you are right or wrong, they always keep “extra ammunition” of other Strike 3 Holdings, LLC (Vixen / Tushy / Blacked / Deeper.) titles you downloaded as a threat against you fighting them on the merits.  For example, they might say “If you argue that this list is not accurate, we actually have many more titles we believe you have downloaded — we can list these too if you would like.”

Obviously it is more complicated than this, but point being, I have seen that Strike 3 Holdings LLC lawsuits always keeps some set of information ‘off of the table,’ and they reserve this information to gain additional leverage when an inexperienced attorney tries to fight them on the line-by-line details of their case (which, by the way, is often flawed or contains copy-and-paste mistakes from other lawsuits).

Strike 3 Holdings anticipated anonymous settlements and built in a way to re-sue defendants who settled.

Now as far as an anonymous settlement, Strike 3 Holdings lawsuits are ‘slick’ here too.  Their lawsuits do not implicate you, a “John Doe” defendant, who has had many IP addresses over the past few years.  Rather, they implicate only “John Doe, subscriber assigned IP address 172.2.51.244,” a John Doe defendant who has been assigned a specific IP address on one day.

IP addresses are assigned to internet users when their router connects their computer to the internet.  That IP address does not belong to that internet user; rather, it is “leased” to that internet user for a limited time, usually 24 hours, 48 hours, or until they reboot their modem or otherwise obtain a new IP address.  Thus, the IP address you have today might not be the same IP address you had yesterday, and so on.  Now IP addresses are pulled from a limited pool of addresses, so a particular internet service provider (“ISP”) might assign the same IP address to a customer for a few days in a row, but that IP address does not belong to that internet user.  If it did, it would be called a “static IP address” which is significantly more expensive than the residential “dynamic IP addresses” leased to residential ISP customers.

Why is this relevant to you, the person behind the John Doe, subscriber assigned IP address 172.2.51.244 title?  Because IF you settled anonymously, you would be settling as John Doe, subscriber assigned IP address 172.2.51.244, and not as the John Doe Defendant having had many IP addresses leased to him.  Thus, Strike 3 Holdings, LLC could easily take your $12,000 settlement payment, say thank you, and then sue you again under a different “John Doe, subscriber assigned IP address [SOMETHING ELSE]” for this same set of movies allegedly downloaded.  If you settled anonymously, your attorney would have ‘unwittingly’ opened you up to this problem, because John Doe subscriber assigned IP address X is a different fictitious legal entity than John Doe subscriber assigned IP address Y.  This sounds like semantics, but buyer beware.

In sum, beware of the settlement factory attorney who tries to convince you to settle the claims against you “anonymously.”

Strike 3 Holdings anonymous settlement “price gouging.”

Further, Strike 3 Holdings anonymous settlements give the Strike 3 Holdings attorneys an opportunity to price gouge their settlement prices.  Why?  Because an attorney who comes to them asking them to settle anonymously (without disclosing to Strike 3 Holdings the identity of the defendant) prompts the Strike 3 Holdings attorney to inquire why that defendant wants to settle anonymously.  “What does he have to hide?,” they ask.  Immediately upon learning that the accused defendant wants to settle anonymously, they recognize that the defense attorney has lost all leverage in negotiating the settlement price, and they’ll “spike” the cost of the settlement.  “Anonymous settlements come at a price,” they may say.

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pedrofigueras / Pixabay

Attorneys Advocating “Anonymous Settlements” are Deceiving You.

Thus, it is important to understand the mechanics of a settlement before jumping to ask for an anonymous settlement.  What most accused Strike 3 Holdings defendants do not realize is that the settlements ARE ALREADY ANONYMOUS [with minimal tweaking] without the defendant having to ask for it.  A diligent attorney will negotiate a confidentiality clause into the settlement agreement (or strengthen one that is already in their boilerplate settlement agreement) to prevent their attorneys from disclosing the identity of the defendant with anyone.  This means that your attorney can (and should) put your name in the settlement agreement itself.  This avoids the entire John Doe, subscriber assigned IP address [SOMETHING] issue, because it is actually the real person (not the fictitious John Doe legal entity having a particular IP address) who is settling.

Rather than taking the effort to actually negotiate the terms of the agreement, your settlement factory attorney will try to convince you that you won’t suffer if you try to settle anonymously.  This not only alleviates them of the need to negotiate the terms of the agreement, but it also allows them to use their “turn key” boilerplate e-mails, which the plaintiff attorneys (who have already agreed to a pre-arranged inflated settlement price) already know and recognize, so that they can ‘spike’ the settlement amount, gouge the settling defendant, and charge higher prices.  I won’t go into the dishonest attorney issue, kickbacks, etc., as I have written about these issues before.

Once an accused Strike 3 Holdings defendant realizes that it is okay to allow his attorney to put his name in the settlement agreement, at that point, the Strike 3 Holdings settlement agreement itself covers 1) ALL PAST ACTS OF COPYRIGHT INFRINGEMENT regarding 2) ALL OF STRIKE 3 HOLDING’S TITLES, and based on the wording of the CONFIDENTIALITY CLAUSE in the agreement the settlement truly becomes a “Strike 3 Holdings anonymous settlement.”  Let’s look into this one level deeper, just to be sure that we have also solved the other ‘slick tricks’ Strike 3 Holdings lawsuits have built into their cases.

1) “ALL PAST ACTS OF COPYRIGHT INFRINGEMENT”

Because the settlement agreement containing the name of the accused defendant (and not the so-called ‘anonymous’ fictitious John Doe entity), the settlement will cover “ALL PAST ACTS OF COPYRIGHT INFRINGEMENT.”  This means that the settlement will cover even those downloads that Strike 3 Holdings, LLC purposefully “left out” from the list of infringements filed with the lawsuit.  Further, the Strike 3 Holdings settlement agreement WILL EVEN THOSE DOWNLOADS MADE BY A “John Doe, subscriber assigned IP address” HAVING AN IP ADDRESS WHICH IS DIFFERENT FROM THE “John Doe, subscriber assigned IP address” IMPLICATED AS THE DEFENDANT IN THIS CASE.  In other words, by negotiating the terms of a Strike 3 Holdings settlement, but having the confidentiality clause protect the client’s identity, the settlement agreement having the client’s real name on it will not only be a true Strike 3 Holdings anonymous settlement, but it will also cover any other fictitious “John Doe” entity that could have downloaded any of Strike 3 Holdings movies, ever.

2) “ALL OF STRIKE 3 HOLDINGS’ TITLES”

Strike 3 Holdings settlement agreements used to be very specific as to which specific Strike 3 Holdings titles were being settled, and the settlement used to cover ONLY THOSE TITLES and no other titles allegedly downloaded.  This was back when the Patrick Collins, Inc. v. John Does 1-1000 cases were still being filed.  Immediately we recognized that this limitation of the scope of the agreement to ONLY THOSE KNOWN TITLES DOWNLOADED exposed the client to multiple lawsuits for 1) Strike 3 Holdings movie titles that Strike 3 Holdings ‘slickly’ left out of their list, or 2) Strike 3 Holdings titles which their investigators missed.  Thus today, when we negotiate a Strike 3 Holdings settlement, the settlement necessarily includes ALL PAST ACTS of copyright infringement FOR ALL OF STRIKE 3 HOLDINGS’ MOVIES.

In sum, when dealing with a copyright troll such as Strike 3 Holdings, LLC, and you see that they do something innocuous such as changing the lawsuit names from “Strike 3 Holdings, LLC v. John Doe” to “Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 214.42.955.8,” realize that THEY HAVE DONE THIS FOR A REASON.

What else can you tell me about the Strike 3 Holdings cases?

[2020 UPDATE] The best way to learn about Strike 3 Holdings, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Strike 3 Holdings story in a way that you will understand them.

The easiest way to do this is to click on the Strike 3 Holdings CATEGORY link [here], and read what articles I have written on Strike 3 Holdings and their recent activities.


FOR MORE INFORMATION ABOUT STRIKE 3 HOLDINGS, LLC: Again, if you have been implicated as a John Doe defendant in a Strike 3 Holdings, LLC lawsuit, there are TWO (2) main articles you should read immediately:

  1. ISP Subpoena Notification Received – WALKTHROUGH.”
  2. Strike 3 Holdings, LLC — JUST THE FACTS.”
  3. “Everything You Need To Know in One Page About Your Strike 3 Holdings Lawsuit [FAQ]”
  4. “In-Depth Strike 3 Holdings.  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 Strike 3 Holdings, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info[at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

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

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

    Book a Phone Consultation with a Cashman Law Firm Attorney

    VIXEN – Not to be confused with a rock band, clothing line.

    strike-3-holdings-anonymous-settlement-vixen-blacked-tushy-deeper

    If you are here looking for VIXEN GROUP videos, you came to the wrong place. BUT *PLEASE TAKE A MOMENT TO READ THIS BEFORE CONTINUING TO YOUR VIXEN ADULT FILM VIDEO*. Vixen, along with Tushy, Blacked, and “Deeper.” are all website porn brands belonging to Strike 3 Holdings, LLC.

    If you are looking for the Vixen music band – the all-female rock band from the 80’s. They can be found at VixenOfficial.com.

    The Vixen Music Band also has a Vixen All-Female Rock Band Facebook Page.

    vixen-micheline-pitt-clothing-website

    MICHELINE PITT, HER CLOTHING LINE, AND RAINN

    On the topic of VIXEN PORN VIDEOS, there is a woman named Micheline Pitt who started a clothing line (more on this in a second). Pornography videos often scenes of abuse, sexual assault, or even rape, and I am happy to see that she is taking a stand against these.

    Micheline Pitt has started a campaign #VIXENNOTAVICTIM to bring awareness to survivors of sexual assault, rape, and abuse. For every piece of clothing that you purchase, Micheline Pitt will donate 30%-40% (or more) to RAINN to help survivors and prevent sexual violence.

    If you came here looking for Vixen porn, I am not “guilting you” into buying her clothing or making a contribution to RAINN (the “Rape, Abuse & Incest National Network”), but yeah — if you are providing clicks and ad revenue to the porn industry, at least spend a few dollars balancing things out and donating to RAINN or buying Micheline Pitt’s clothing.

    Just so it is said, Micheline Pitt’s website sells an interesting line of clothing called “VIXEN BY MICHELINE PITT,” which has “GOOD THINGS FOR BAD GIRLS – SIZES XS – 4X.” Her clothing lines include “PET SEMATARY,” “THIS IS HALLOWEEN,” “FLORAL AFFAIR,” and probably a number of others that I have not seen.

    In short, if you are watching Vixen porn videos, put some balance into the world and donate money or buy products which benefit those who are hurt and who have their lives ruined by the porn industry.

    WHERE TO FIND LEGAL AND LEGITIMATE VIXEN PORN VIDEOS

    If you are actually looking for Vixen porn videos (e.g., VIXEN GROUP adult film videos related to the Vixen Blacked, Tushy, and Deeper. brand names), you do not need to go to illegal sources which can get you sued.

    If you are looking for the VIXEN GROUP, the “legal” and legitimate source of the Vixen porn videos which will not get you sued, then click here.

    Vixen porn videos (along with the Tushy, Blacked, and “Deeper.” porn video brands) all belong to the Strike 3 Holdings, LLC copyright troll company. I am the owner of the Cashman Law Firm, PLLC and the TorrentLawyer.com website. I have been watching being getting sued almost daily for viewing these adult film videos since March, 2017.

    So please, do not become a victim of Strike 3 Holdings by downloading their Vixen, Blacked, Tushy, or Deeper. branded films… NOT from illegal sources (where you can provide them ad revenue), and NOT from legal sources by paying for their content.

    HOW DO THOSE WHO WATCH VIXEN PORN VIDEOS GET CAUGHT AND SUED?

    Those who watch porn videos usually get caught by downloading the videos using bittorrent software. “Tushy,” “Blacked,” and now “Deeper.” are all video brands owned by Strike 3 Holdings, LLC, and can be found [think, were LEAKED AND ARE MONITORED BY COPYRIGHT TROLLS] on the bittorrent websites.

    I don’t care which software you use: Bittorrent, uTorrent, Transmission, Vuze (Azurus), or any other software that uses BitTorrent.

    You visit a website, whether it is 1137x.to (or 1337x.gd), The Pirate Bay, or any other website that allows you to browse adult film torrents and download Vixen mp4 xxx files, you click on a link, and open up your bittorrent software and download the Vixen mp4 xxx movies. THAT is how you get caught downloding their porn videos.

    WHAT ABOUT THE TUBE WEBSITES WHERE I CAN STREAM VIXEN PORN VIDEOS?

    For many years, I was of the opinion that you would not get sued for viewing porn videos using the YouTube-like websites.

    Vixen porn videos (along with Tushy, Blacked, and “Deeper.” branded videos) are illegally shared on the internet using YouTube-like websites. I do not need to name them, because no doubt you can find them.

    Notably, however, are the Pornhub lawsuits where users using the Pornhub.com website to view Vixen, Tushy, or Blacked films were exposed and sued for copyright infringement.

    [I learned about in the context of analyzing whether someone can get caught for using the Kodi software, and more specifically, whether someone can get sued for putting Kodi software on an Amazon Firestick.]

    CAUGHT (MONITORED) BUT NOT SUED

    I believed that you could get caught watching porn videos [like Blacked, Tushy, Deeper., etc.] either through a plaintiff attorney sending a subpoena to Google Analytics, Cloudfront, or any other website plug-in company that tracks the IP address and activities of users who visit their site (be careful what trackers your Tube-like porn streaming sites use).

    However, once the plaintiff attorney gets the list of IP addresses of the Blacked porn site viewers, the plaintiff attorneys then needed to take the extra inconvenient step of filing one or more copyright infringement lawsuit in federal courts against “John Doe” defendants (the Blacked porn video viewers) who were assigned that particular IP address at that date and time.

    They would ask the court for “Expedited Discovery” (FRCP Rule 26), and then they would send subpoenas to Internet Service Providers (ISPs) forcing them to hand over the identities of their subscribers who viewed the Blacked or Tushy videos — their IP addresses would be the ones they were assigned on the dates and time they viewed or streamed the Blacked / Tushy / Vixen videos. Those porn video viewers would receive ISP Subpoena Notification Letters letting them know that they have been sued as a “John Doe” defendant in their copyright infringement lawsuit.

    Once the plaintiff attorney received the Blacked / Tushy / Vixen website visitor’s identities (which really were merely the account holders’ identities) from their ISPs, only then can the adult film Copyright Trolls (Strike 3 Holdings, LLC) begin to engage in the extortion portion of what is an elaborate settlement extortion scheme (settle for thousands or dollars or else we will NAME AND SERVE you in the federal court lawsuit).

    TECHNOLOGY ADVANCES AND LEGAL LOOPHOLES MADE MONITORING VIXEN PORN VIEWERS’ ACTIVITIES POSSIBLE.

    Creative plaintiff attorneys have found loopholes in the legal system to shortcut the “Expedited Discovery” two-step method of obtaining the identities of Vixen porn video watchers who visited a website and exposed their IP address causing them to be caught and sued.

    Instead of suing for copyright infringement in the federal courts, they sue in state courts (such as the Miami-Dade, Florida county court, the Maricopa, Arizona county court, or even St. Clair, Illinois county court). They sue using quasi-legal theories, such as equity or Bill of Discovery, and they ask the state or county court to reveal the identity of those accused of viewing, streaming, or downloading their client’s copyrighted videos.

    With the Blacked / Tushy / Vixen adult videos, VIXEN GROUP’s own Florida attorneys — Rachel Walker & Tyler Mamone — engaged in this kind of state-based lawsuit with their Miami-Dade County, Florida Bill of Discovery Strike 3 Holdings, LLC lawsuits. This is an ongoing problem for those who viewed or streamed Vixen, Tushy, Blacked, or most recently, “Deeper.” videos without a license.

    Kerry Culpepper of Culpepper IP (who appears to represent the conglomerate of movie companies who sue defendants for the copyright infringement of their lawsuits) skirted the federal courts as well. Culpepper did this by suing accused downloaders and exposing their identities using Hawaii’s Rule 512(h) rules.

    Most recently, Culpepper sent subpoenas to Cloudfront to determine which IP addresses viewed his movie clients’ films without a license.

    * 9/16/2020 UPDATE *: Attorney Joshua Lee of Culpepper IP appears to be the attorney who is now working for Kerry Culpepper. Joshua Lee is also the name which is appearing on many of the Culpepper IP settlement demand letters.

    ADDICTION TO PORNOGRAPHY HELPLINES

    Nobody likes to talk about this topic, but it if nobody mentions it, you as the adult film viewer might not be aware of the problem.

    There *is* such thing as having an addition to pornography. Major sources have spoken about pornography addiction (albeit in a boring, medical kind of way), and popular groups such as Reddit’s “No-Fap” Support Group has been a great way to speak to others about what you might be going through.

    Other more formal groups include “Sexaholics Anonymous” (sa.org) or “Recoveries Anonymous” (r-a.org).

    As soon as you start spending losing hours at your computer viewing adult film websites, you might have a problem. Once your adult film viewing habits start interfering with your work and your everyday life (e.g., effects from lack of sleep, or relationship problems and the like), you might have a problem.

    Bottom line, pornography addiction is essentially a dopamine addiction where the affected person seeks a “dopamine high” which they get from pornography. It must be noted that other activities, e.g., running, sex, relationships, parenting, movies, etc. also provide dopamine highs as well.

    If you suspect you might need help for such a pornography addiction, then by all means, reach out to one of these groups. For privacy purposes, I might just create a fake account on reddit.com so that I can get help without pasting my name everywhere on my posts, but the official groups are set up to preserve your privacy and your anonymity as well.

    IN SUMMARY:

    OK, so you came here looking for Blacked / Tushy / Vixen pornography videos. I hope I have given you a few things to think about along the way.

    As an attorney and the owner of the Cashman Law Firm, PLLC, I support my family by representing clients who are sued by copyright trolls. This being said, if I could save you from being my client by NOT being sued in the first place, I would be just as happy with the result.

    If I could inspire you to take actions to heal the damage that pornography viewing causes — either through getting help through Reddit’s Pornography Addiction resources, by buying clothing and supporting companies like VIXEN BY MICHELINE PITT, or by outright making donations to RAINN (the “Rape, Abuse & Incest National Network”), you will help to take a stand against sexual abuse, sexual assault, or even rape.

    Lastly, no doubt YOU YOURSELF might not engage in these acts and your adult film viewing habits might be innocent, you cannot deny that there are others that watch pornography, and act out the abuse, sex acts, or rapes on those around them, willing or not.

    Whether it is the adult films (the pornography) which is to blame or those who engage in violent acts against others, by watching pornography YOU MUST CONSIDER that you give financial benefit (in the form of power, ad revenue, and sometimes outright cash) to the pornography industry by watching porn videos, legal or not.

    What you do with this information is up to you. Let’s hope you never need my services as an attorney.


    [CONTACT AN ATTORNEY: If you have a question for an attorney about what I have written here, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your situation, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

      Strike 3 Holdings Attorneys and their personalities.

      strike-3-holdings-anonymous-settlement

      Why knowing which Strike 3 Holdings attorneys are filing the lawsuit against you is relevant to your case.

      Strike 3 Holdings attorneys work together as cogs in a wheel to run what our Cashman Law Firm LLC calls a “quasi-legitimate settlement extortion scheme.” As far as the public is concerned, each Strike 3 Holdings attorney appears to work independently and appears to have autonomy to make decisions on how to run the copyright infringement cases federal court cases. However, based on my observations, there are attorneys who have authority to direct their own cases, and there are attorneys who appear to read scripts to accused defendants and file boilerplate documents in the federal courts when moving their cookie-cutter lawsuits against hundreds of John Doe defendants through the federal court system.

      strike-3-holdings-attorneys-personalities Strike 3 Holdings Attorneys Personality
      3dman_eu / Pixabay

      Strike 3 Holdings attorneys come in two flavors.

      Strike 3 Holdings attorneys appear to come in two flavors:

      “Bosses”: There are Strike 3 Holdings attorney “bosses” (which are attorneys who have been running the settlement extortion scheme and the lawsuits for years now).

      “Underlings”: There are Strike 3 Holdings attorneys which are “underlings” (which are newer attorneys who have been hired by Strike 3 to be a “warm body” in a federal court.

      While I understand that in all cases, the more experienced Strike 3 attorneys appear to control the lawsuits, albeit “in the shadows.” I wrote about this in the article, “Strike 3 Holdings Attorneys in Miami-Dade County, Florida Have a ‘Behind the Scenes Shadow'” article in January, 2020).

      The former “boss” of all of the Strike 3 Holdings attorneys was Lincoln Bandlow.

      For many years, Lincoln Bandlow (formerly of Fox Rothschild LLP) ran each and every Strike 3 Holdings, LLC lawsuit filed across the US. I understand that his network used to be separated into “teams” of attorneys, although which Strike 3 Holdings attorneys were on what “team” remains unknown to me.

      My best guess is that each team was presumably separated by region — each geographic area of the US had a different “team”; although I would not be shocked if the “teams” were separated by hierarchy (like a pyramid). This way, those with decision-making power would be on one team, and those “underlings” who are merely reading scripts and following orders are in another team.

      Why I think Strike 3 Holdings LLC now has multiple bosses.

      Interestingly enough, as of May, 2019, I no longer think that there is one “boss” or “kingpin” running all of the Strike 3 Holdings, LLC lawsuits, but TWO. In May, 2019, I started to notice that the wrong Strike 3 Holdings attorneys were listed on the various court filings across the US. One of their Strike 3 Holdings attorneys would be listed as the attorney-of-record, but another attorney would be the one handling the case.

      What was more interesting is that while Lincoln Bandlow [originally] was running everything, I noticed that a growing select number of attorneys [like Jacqueline James (Jackie James)] exerted authority over their cases in the form of making on-the-spot decisions where in the past, they would need to always “consult their client” and get back to me (meaning, they would check with Lincoln to get his authority or permission to agree to something I was pushing for a particular client of mine).

      I noticed the same thing with John Atkin, who first worked for Fox Rothschild LLP (apparently as an “underling”) handling their New Jersey cases. But then, John Atkin left Fox Rothschild LLP and formed his own law firm, “The Atkin Firm, LLC.” That same day, based on my interactions with him, he began to manage his cases as if he were a “boss,” making decisions on-the-spot and deciding the direction of his own cases.

      I discussed this shake-up of Strike 3 Holdings attorneys in an article that even one year later is still an interesting read because the players are still the same people.

      I created this page so that you can look up the Strike 3 Holdings attorneys who sued you so that you can know their personality.

      For now, I am creating this page with the intention of identifying which Strike 3 Holdings attorneys are operating in which states, so that [over time; I will edit this page again with updates] you will be able to come back here and look up the attorney who sued you in your home state’s federal court.

      A Quick Note About Strike 3 Holdings State-Based Lawsuits (and why I think they will be filing in Arizona next).

      NOTEWORTHY SIDE COMMENT: Since 2019, Strike 3 Holdings attorneys have also been suing defendants in state and county courts, such as the Miami-Dade County, Florida court. These lawsuits are NOT copyright infringement lawsuits, and no claims are asserted against each John Doe Defendant implicated in their lawsuits. However, because the threat is that “we will identify the accused infringer and sue him or her in the federal court in which he lives,” (my quote referring to them, not their actual words), these state-based Bill of Discovery lawsuits are concerning because they expose each possible defendant to Strike 3 Holdings and their forced-settlement extortion scheme.

      This is not the first time a copyright troll such as Strike 3 Holdings, LLC tried this tactic of suing defendants in state courts under that state’s Bill of Discovery laws. Other former prolific copyright trolls have sued defendants in Maricopa County, Arizona as well as Miami-Dade, FL. [Arizona is where Strike 3 will probably be going next once they exhaust the “Miami-Dade Bill of Discovery” lawsuit campaign they have been running since late 2019].

      List of Strike 3 Holdings Attorneys by State

      Here is a list of Strike 3 Holdings attorneys for each state in which they are currently suing defendants:

      Miami-Dade County, Florida
      There are two known Strike 3 Holdings attorneys in Miami-Dade, Florida. Rachel Walker, and Tyler Mamone. In January, 2020, I wrote that Rachel Walker and Tyler Mamone were not the Strike 3 Holdings attorneys with apparent authority to decide the fate of each accused John Doe defendant, but rather, Lincoln Bandlow was the one apparently running the cases behind the scenes.

      More recently, it appears to me as if these Strike 3 Holdings attorneys *are* running the Miami-Dade, Florida cases, but where a defendant lives in a different location, e.g., they live in New York or Connecticut where Jackie James is “in charge” of that region, the case is handed off to Jackie James, and so on.

      For the moment, it is noteworthy to list the currently open Miami-Dade County Strike 3 Holdings cases:

      Local Case Numbers (open cases): 2020-016660-CC-05, 2020-016669-CC-05, 2020-016577-CC-05, 2020-014518-CC-05, 2020-014520-CC-05, 2020-014481-CC-05, 2020-012478-CC-05, 2020-011743-CC-05, 2020-011744-CC-05, 2020-011499-CC-05, 2020-009492-CC-05, 2020-009491-CC-05, 2020-009493-CC-05, 2020-005388-CC-05, 2020-003890-CC-05, 2020-003891-CC-05, 2020-003737-CC-05, 2020-002968-CC-05, 2020-002019-CC-05, 2020-002021-CC-05, 2020-001616-CC-05, 2019-032919-CC-05, 2019-032825-CC-05, 2019-026368-CC-05, 2019-024647-CC-05.

      California
      California Strike 3 Holdings cases are run by Lincoln Bandlow of Bandlow Law.

      As you have read above, Lincoln Bandlow used to work for Fox Rothschild, LLP, where he ran all of the Strike 3 Holdings attorneys and their cases across the US. But since the shake-up May, 2019, he left Fox Rothschild, LLP and started his own law firm.

      I still think that Lincoln is behind the scenes running each of the Strike 3 Holdings, LLC cases filed across the US, but I no longer think he has sole authority and decision-making power. I believe that John Atkin (NJ) and Jackie James (NY/CT) also have similar power and authority.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings California cases:

      CALIFORNIA STRIKE 3 HOLDINGS LLC CASES (7/2020 – 8/2020)

      Strike 3 Holdings California Central District Court

      Strike 3 Holdings, LLC v. John Doe infringer identified as using IP address 107.184.92.94 (Case No. 2:20-cv-07421)
      v. John Doe infringer identified as using IP address 172.89.57.72 (Case No. 8:20-cv-01520)
      v. John Doe infringer identified as using IP address 104.173.206.190 (Case No. 2:20-cv-07416)
      v. John Doe subscriber assigned IP address 76.174.118.71 (Case No. 2:20-cv-06262
      v. John Doe subscriber assigned IP address 45.48.164.4 (Case No. 2:20-cv-06261)
      v. John Doe subscriber assigned IP address 76.87.197.120 (Case No. 5:20-cv-01393)
      v. John Doe subscriber assigned IP address 172.250.76.115 (Case No. 2:20-cv-06260)
      v. John Doe subscriber assigned IP address 137.25.32.101 (Case No. 2:20-cv-06808)
      v. John Doe subscriber assigned IP address 108.185.19.186 (Case No. 2:20-cv-06807)

      Have you read enough? Book Now to get help. > > >

      Strike 3 Holdings California Northern District Court

      Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.103.236.62 (Case No. 3:20-cv-04710)
      v. John Doe infringer* identified as using IP address 174.62.95.35 (Case No. 3:20-cv-04709)
      v. John Doe infringer* identified as using IP address 174.62.95.35 (Case No. 4:20-cv-04709)
      v. John Doe subscriber assigned IP address 67.169.103.145 (Case No. 5:20-cv-05221)
      v. John Doe subscriber assigned IP address 71.150.134.57 (Case No. 3:20-cv-05220)
      v. John Doe subscriber assigned IP address 71.150.134.57 (Case No. 4:20-cv-05220)
      v. John Doe subscriber assigned IP address 67.169.103.145 (Case No. 4:20-cv-05221)
      v. John Doe subscriber assigned IP address 76.176.167.14 (Case No. 3:20-cv-01325)

      *[NOTE TO SELF: “Is there a difference between a “John Doe Subscriber” and a “John Doe infringer? No, but the title of being accused as “John Doe infringer” is funny, and here is why.]

      Have you read enough? Book Now to get help. > > >

      Strike 3 Holdings California Southern District Court

      Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.176.167.14 (Case No. 3:20-cv-01325)

      …Interestingly, not much going on in the California Southern District Court.

      Connecticut
      Connecticut Strike 3 Holdings cases are run by Jacqueline M. James (Jackie James) of The James Law Firm, PLLC.

      Jacqueline James used to represent Malibu Media, LLC, another prolific copyright troll. Jackie was in charge of all of the Malibu Media, LLC cases filed in the New York federal courts.

      I consider Jacqueline James to be a “boss” when categorizing her among the Strike 3 Holdings attorneys in the hierarchy.

      Jaqueline James at one point was an important attorney filing many cases for Malibu Media, LLC. She even stayed with them after there was a shake-up of Malibu Media, LLC attorneys, but then one day she stopped filing for them.

      It is important to note that Jackie James stopped representing Malibu Media, LLC because she dropped them as a client. She did not “swing from one branch to the next” by dropping one client in favor of a more profitable one. When she dropped Malibu Media, LLC as a client, she did not have another client.

      It was only later that [I presume] Strike 3 Holdings contacted her and asked her to file copyright infringement lawsuits on their behalf.

      Today, she appears to have independent authority and control of her cases, and she is in charge of the Strike 3 Holdings federal court lawsuits filed in New York and more recently, in Connecticut.

      When negotiating cases, Jackie James is known to be a difficult negotiator, but she is also fair. Be prepared to support everything you say with facts and if needed, documentation. Jackie James is the kind of attorney who does not simply take statements at face value, but she asks questions and follow-up questions… often which lead to uncomfortable conversations. Again, however, she is not known to gouge on settlement prices, but she is a tough in her approach.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings Connecticut cases:

      Strike 3 Holdings, LLC v. Doe (Case Nos. 3:20-cv-01157, 3:20-cv-00961, and 3:20-cv-00960)

      …These are newer cases, and the judge has not yet been assigned for these. I’m guessing Jackie James will be the plaintiff attorney in each of these.

      UPDATE: I am happy to share that while searching for Dawn Sciarrino (when writing up the Virginia cases), I could not understand why she would take Strike 3 Holdings, LLC as a client. However, searching for her, I found that Jackie James actually listed her as an attorney under her law firm. While I will post Dawn’s page under her state, because her we are discussing Jackie, you can find Jacqueline James’ profile and website here.

      New Jersey
      New Jersey Strike 3 Holdings cases are run by John Atkin of The Atkin Firm, LLC.

      John Atkin used to work for Fox Rothschild, LLP in New Jersey. John Atkin was the only one of the Strike 3 Holdings attorneys handling all of the New Jersey Strike 3 Holdings filings, however, at the time in which he was with Fox Rothschild, LLP, I did not get the sense that he had authority to negotiate the cases himself. Rather, it appeared as if he was local counsel filing cases for Lincoln Bandlow.

      That changed in/around May, 2019. As you have read above, in my observation, John Atkin overthrew Lincoln Bandlow’s authority and carved out autonomy for himself among the Strike 3 Holdings attorneys in the hierarchy. By May, 2019, he already left Fox Rothschild, LLP and started his own law firm. I learned about this when I started seeing “The Atkin Firm, LLC” on the cases in which I was representing clients rather than Fox Rothschild, LLP.

      I still think that Lincoln might still be the “boss” of the various Strike 3 Holdings attorneys across the US along with the Strike 3 Holdings, LLC cases, but it appears to me as if John Atkin is working on his own (maybe as a co-equal boss with Lincoln Bandlow and/or Jackie James), with sole authority and decision-making power over his cases.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings New Jersey cases:

      NEW JERSEY STRIKE 3 HOLDINGS LLC CASES (7/2020 – 8/2020)

      Strike 3 Holdings New Jersey District Court

      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.109.249 (Case No. 3:20-cv-10179)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.245.115.134 (Case No. 1:20-cv-10177)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.15.186 (Case No. 2:20-cv-10180)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.228.165 (Case No. 2:20-cv-10185)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.126.57 (Case No. 2:20-cv-10184)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.114.252 (Case No. 2:20-cv-10183)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.24.202.59 (Case No. 1:20-cv-10173)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.72.127.245 (Case No. 1:20-cv-10174)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.157.64 (Case No. 2:20-cv-10181)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.82.226.89 (Case No. 1:20-cv-10178)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.72.71.239 (Case No. 1:20-cv-10175)

      Have you read enough? Book Now to get help. > > >

      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.27.165 (Case No. 2:20-cv-10182)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.109.249 (Case No. 3:20-cv-10179)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.245.115.134 (Case No. 1:20-cv-10177)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.228.165 (Case No. 2:20-cv-10185)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.15.186 (Case No. 2:20-cv-10180)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.72.127.245 (Case No. 1:20-cv-10174)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.114.252 (Case No. 2:20-cv-10183)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.24.202.59 (Case No. 1:20-cv-10173)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.157.64 (Case No. 2:20-cv-10181)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.82.226.89 (Case No. 1:20-cv-10178)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.72.71.239 (Case No. 1:20-cv-10175)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.126.57 (Case No. 2:20-cv-10184)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.27.165 (Case No. 2:20-cv-10182)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 96.242.30.49 (Case No. 2:20-cv-10208)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 74.102.99.44 (Case No. 2:20-cv-10206)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 74.102.216.227 (Case No. 3:20-cv-10205)

      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 74.105.217.57 (Case No. 2:20-cv-10207)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.63.129.28 (Case No. 2:20-cv-10201)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.8.44.2 (Case No. 2:20-cv-10198)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.63.166.25 (Case No. 2:20-cv-10202)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.8.66.59 (Case No. 2:20-cv-10199)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.8.41.90 (Case No. 3:20-cv-10223)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.8.185.130 (Case No. 3:20-cv-10222)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.108.155 (Case No. 3:20-cv-10217)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.35.204.190 (Case No. 3:20-cv-10224)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.127.201.146 (Case No. 3:20-cv-10228)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.72.39.170 (Case No. 3:20-cv-10226)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.63.78.195 (Case No. 3:20-cv-10225)
      …v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.88.201.138 (Case No. 3:20-cv-10229)

      Have you read enough? Book Now to get help. > > >

      *NOTES TO SELF: There are TWO IMPORTANT reasons why Strike 3 Holdings, LLC is putting so much money into filing lawsuits in New Jersey:

      1) Strike 3 Holdings, LLC almost lost New Jersey as a state in which they would be allowed by the federal court to sue defendants (for lawyers, it was bad case law). For a short while, judges stood up to Strike 3 Holdings, LLC and stopped them from being allowed to send subpoenas to ISPs to force the ISPs to hand over the subscriber information to them.

      Apparently Strike 3 won that battle, so now they are taking advantage of that “WIN” and suing many defendants in New Jersey.

      2) The plaintiff attorney for each of these New Jersey cases is John Atkin of the Atkin Firm, LLC. There is a history WHY John Atkin is important to New Jersey, and that history is uncovered by understanding WHAT HAPPENED with the shake-up of attorneys last year.

      Have you read enough? Book Now to get help. > > >

      New York
      New York Strike 3 Holdings cases are run by Jacqueline M. James (Jackie James) of The James Law Firm, PLLC.

      Just as I described in the “Connecticut” section, Jackie James used to represent Malibu Media, LLC, another prolific copyright troll. Jackie was in charge of all of the Malibu Media, LLC cases filed in the New York federal courts.

      I consider Jacqueline James to be a “boss” when categorizing her among the Strike 3 Holdings attorneys in their hierarchy.

      Jackie James at one point was an important attorney filing many cases for Malibu Media, LLC. She even stayed with them after there was a shake-up of Malibu Media, LLC attorneys, but then one day she stopped filing for them.

      It is important to note that Jacqueline James stopped representing Malibu Media, LLC because she dropped them as a client. She did not “swing from one branch to the next” by dropping one client in favor of a more profitable one. When she dropped Malibu Media, LLC as a client, she did not have another client.

      It was only later that [I presume] Strike 3 Holdings contacted her and asked her to file copyright infringement lawsuits on their behalf. Today, she appears to have independent authority and control of her cases, and she is in charge of the Strike 3 Holdings federal court lawsuits filed in New York and more recently, in Connecticut.

      When negotiating cases, Jacqueline James is known to be a difficult negotiator, but she is also fair. Be prepared to support everything you say with facts and if needed, documentation. Jackie James is the kind of attorney who does not simply take statements at face value, but she asks questions and follow-up questions… often which lead to uncomfortable conversations. Again, however, she is not known to gouge on settlement prices, but she is a tough in her approach.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings New York cases:

      NEW YORK STRIKE 3 HOLDINGS LLC CASES (7/2020 – 8/2020)

      New York Eastern District Court

      Strike 3 Holdings, LLC v. Doe (Case Nos. 2:20-cv-03660, 2:20-cv-03654, 2:20-cv-03657, 2:20-cv-03653, 2:20-cv-03646, 2:20-cv-03659, 2:20-cv-03655, 2:20-cv-03648, 2:20-cv-03649, 2:20-cv-03658, 2:20-cv-03647, 2:20-cv-03651, 2:20-cv-03650, 2:20-cv-03656, and 2:20-cv-03399.)

      New York Southern District Court

      Strike 3 Holdings, LLC v. Doe (Case Nos. 1:20-cv-06030, and 1:20-cv-05425.)

      New York Western District Court

      Strike 3 Holdings, LLC v. Doe (Case Nos. 1:20-cv-01081, 1:20-cv-01079, 1:20-cv-01084, 1:20-cv-01083, 1:20-cv-01082, 1:20-cv-01085, 1:20-cv-01080, and 6:20-cv-06505.)

      Have you read enough? Book Now to get help. > > >

      UPDATE: I am happy to share that while searching for Dawn Sciarrino (when writing up the Virginia cases), I could not understand why she would take Strike 3 Holdings, LLC as a client. However, searching for her, I found that Jackie James actually listed her as an attorney under her law firm. While I will post Dawn’s page under her state, because her we are discussing Jackie, you can find Jacqueline James’ profile and website here.

      Maryland
      Maryland Strike 3 Holdings cases used to be run by Jessica Haire of Fox Rothschild, LLP, but more recently, they are run by Elsy Marleni Ramos Velasquez of Clark Hill PLC.

      Let’s cover Jessica Haire first.

      Pre-May, 2019.

      The first time I spoke to Jessica Haire was in March, 2018. She and Lincoln Bandlow were colleagues at Fox Rothschild, LLP and were working together on managing the Strike 3 Holdings attorneys and the Strike 3 Holdings, LLC cases. At the time, whenever I would message Lincoln Bandlow, Jessica Haire would often respond back to me on his behalf.

      It is interesting to note, however, that when Lincoln Bandlow left Fox Rothschild, LLP, Jessica Haire continued to work for them. I believe she is still working for them today.

      Post-May, 2019:

      Elsy Marleni Ramos Velasquez of Clark Hill PLC (“Elsy Velasquez”) is the name of the Strike 3 Holdings attorney who is showing up for the current slew of Strike 3 filings in Maryland District Court. She showed up as a new attorney filing lawsuits for Strike 3 Holdings, LLC [if I recall correctly] shortly after Lincoln Bandlow left Fox Rothschild, LLP and started his new law firm.

      She works out of Clark Hill PLC, and she works out of their Washington, DC office.

      The first time I contacted Elsy Velasquez was in May, 2019 because she was the attorney that was taking over the Strike 3 Holdings, LLC Maryland cases after the shake-up of their attorneys.

      It is important to note that after a hiatus of filings (probably due to the pandemic), Strike 3 Holdings, LLC has put a lot of faith in Elsy Velasquez by allowing her to file many cases on their behalf.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings Maryland cases:

      MARYLAND STRIKE 3 HOLDINGS LLC CASES (7/2020 – 8/2020)

      Strike 3 Holdings Maryland District Court

      Strike 3 Holdings, LLC v. Doe* (Case Nos. 8:20-cv-02298, 8:20-cv-02299, 8:20-cv-02300, 1:20-cv-02276, 1:20-cv-02271, 1:20-cv-02278, 1:20-cv-02277, 1:20-cv-02279, 1:20-cv-02285, 1:20-cv-02286, 1:20-cv-02284, 1:20-cv-02283, 1:20-cv-02280, 8:20-cv-02287, 8:20-cv-02289, 8:20-cv-02290, 8:20-cv-02291, 8:20-cv-02288, 8:20-cv-02293, 8:20-cv-02292, 8:20-cv-02295, 8:20-cv-02294, 8:20-cv-02296, 8:20-cv-02297, 8:20-cv-02298, 8:20-cv-02299, and 8:20-cv-02300)

      Have you read enough? Book Now to get help. > > >

      *NOTES TO SELF: It is important to note that Strike 3 Holdings appears to be putting A LOT of money and resources into filing lawsuits in Maryland.

      …The logic is that each of these defendants has money to pay a large settlement to them, or else they wouldn’t file the lawsuit against them.

      Also interesting is that EVERY ONE of these Maryland cases were filed on ONE DAY — AUGUST 6TH, 2020.

      Have you read enough? Book Now to get help. > > >

      Pennsylvania
      Pennsylvania Strike 3 Holdings cases are run by Jason M. Saruya of Clark Hill PLC.

      Jason Saruya of Clark Hill PLC is the name of the attorney who is showing up for the Strike 3 filings in Pennsylvania District Court.

      He works for Clark Hill PLC, and he works out of the Philadephia, PA office.

      There is not much information about Jason Saruya, but from what I understand, he is a younger attorney, and he is probably working with Elsy Velasquez as his superior, as Elsy Velasquez was the attorney from Clark Hill PLC that took over the Strike 3 Holdings, LLC Maryland cases after the shake-up of their attorneys.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings Pennsylvania cases:

      PENNSYLVANIA STRIKE 3 HOLDINGS LLC CASES (7/2020 – 8/2020)

      Pennsylvania Middle District Court*

      Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 174.55.82.15 (Case No. 1:20-cv-01322)
      …v. John Doe subscriber assigned IP address 73.130.61.38 (Case No. 1:20-cv-01324)
      …v. John Doe subscriber assigned IP address 71.58.204.183 (Case No. 1:20-cv-01323)

      [*NOTE TO SELF: It is interesting that they are filing against defendants in the Pennsylvania MIDDLE District Court, and *NOT* in the Pennsylvania EASTERN District Court (where 99% of copyright troll litigation over the years happens there). I do not have a reason why this is the case.]

      Have you read enough? Book Now to get help. > > >

      Virginia
      Virginia Strike 3 Holdings cases are run by Dawn Marie Sciarrino of Sciarrino & Shubert, PLLC (more recently, I have found that she is working for Jacqueline James, the Strike 3 Holdings attorney for the NY/CT region).

      Dawn Marie Sciarrino is the name of the attorney who is showing up for the Strike 3 filings in the Virginia federal court filings.

      MY ORIGINAL WRITE-UP ON DAWN:
      Dawn Marie appears to be a partner in her law firm, and she works out of Centreville, VA.

      There is not much information about Dawn Marie Sciarrino (even their https://www.sciarrino.com website was down when I tried to reach it).

      From what I understand, she has been practicing as an attorney for many years. Her first bar was in New York in 1991, and she has represented clients before the U.S. Court of Appeals for the Fourth Circuit and for the District of Columbia Circut.

      What I do not understand is… [with her background, both educational and vocational] why in the world would she take Strike 3 Holdings, LLC as a client? This makes no sense to me.

      UPDATED INFORMATION:
      Doing further research, I was very surprised to see that Dawn Sciarrino was listed as an attorney in Jackie James’ website.

      Understanding Jackie James’ background and her experience, the connection between Jackie and Dawn became clear. They know each other. It was likely Jackie who suggested that Dawn take the Virginia cases because Strike 3 Holdings, LLC needed an attorney to file lawsuits in the Virginia federal courts against those Miami-Dade Strike 3 Holdings defendants who did not settle the claims against them.

      For the moment, it is noteworthy to list the newly filed Strike 3 Holdings Virginia cases:

      VIRGINIA STRIKE 3 HOLDINGS LLC CASES (7/2020 – 8/2020)

      Virginia Eastern District Court

      Strike 3 Holdings, LLC v. Doe (Case Nos. 1:20-cv-00825, 1:20-cv-00823, and 1:20-cv-00824.)

      It is now 8/21/2020, 8:30am CDT, and I have written up what I could find on the current list of Strike 3 Holdings attorneys and their Strike 3 Holdings, LLC cases filed both in Miami-Dade, and in the federal courts. Obviously more cases are filed each day, so I will do what I can to keep it current. Also in this article, I am using a new coding feature (new for me, at least) called Shortcodes. If you notice that something isn’t working on the page, or that I broke the code, please e-mail me at [email protected].


      [CONTACT AN ATTORNEY: If you have a question for an attorney about the varioius Strike 3 Holdings attorneys and my experiences with them, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings, LLC case, or you can send a SMS / WhatsApp message to us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

        Strike 3 Holdings Miami-Dade Lawsuits are NOT copyright lawsuits.

        strike-3-holdings-anonymous-settlement

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

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

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

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

        Have you read enough? Book Now to get help. > >

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

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

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

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

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

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

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

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

        Have you read enough? Book Now to get help. > >

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

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

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

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

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

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

        Have you read enough? Book Now to get help. > >

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

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

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

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

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

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

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

        Have you read enough? Book Now to get help. > >

        MIAMI DADE COUNTY COURT LIST OF STRIKE 3 HOLDINGS CASES:

        At the risk of boring you with this information, I am pasting a list of the cases, including both the Local Case Number and the State Case Number. The name of each case is the same:

        STRIKE 3 HOLDINGS, LLC v. UNKNOWN INFRINGERS LISTED ON EXHIBIT 1

        Local Case Numbers (open cases): 2020-016660-CC-05, 2020-016669-CC-05, 2020-016577-CC-05, 2020-014518-CC-05, 2020-014520-CC-05, 2020-014481-CC-05, 2020-012478-CC-05, 2020-011743-CC-05, 2020-011744-CC-05, 2020-011499-CC-05, 2020-009492-CC-05, 2020-009491-CC-05, 2020-009493-CC-05, 2020-005388-CC-05, 2020-003890-CC-05, 2020-003891-CC-05, 2020-003737-CC-05, 2020-002968-CC-05, 2020-002019-CC-05, 2020-002021-CC-05, 2020-001616-CC-05, 2019-032919-CC-05, 2019-032825-CC-05, 2019-026368-CC-05, 2019-024647-CC-05.

        State Case Numbers (open cases): 132019CC024647000005, 132019CC026368000005, 132019CC032825000005, 132019CC032919000005, 132020CC001616000005, 132020CC002021000005, 132020CC002019000005, 132020CC002968000005, 132020CC003737000005, 132020CC003891000005, 132020CC003890000005, 132020CC005388000005, 132020CC006500000005, 132020CC009493000005, 132020CC009491000005, 132020CC009492000005, 132020CC011499000005, 132020CC011744000005, 132020CC011743000005, 132020CC012478000005, 132020CC014481000005, 132020CC014520000005, 132020CC014518000005, 132020CC016577000005, 132020CC016669000005, 132020CC016660000005.

        *8/18/2020 UPDATE: Apparently no Florida Miami-Dade judge has put a stop to these cases yet, and Strike 3 Holdings, LLC keeps filing. For reference, below are older cases that have been closed. This might seem like good news, but watch the federal court filings — the John Does from these cases are the ones now being sued in the federal courts across the US.

        Local Case Numbers (closed): 2020-006499-CC-05, 2020-006503-CC-05, 2020-005727-CC-05, 2020-003059-CC-05, 2020-003063-CC-05, 2020-002024-CC-05, 2020-001652-CC-05, 2019-032439-CC-05, 2019-032122-CC-05, 2019-031035-CC-05, 2019-030496-CC-05, 2019-030040-CC-05, 2019-028802-CC-05, 2019-028412-CC-05, 2019-028410-CC-05, 2019-027829-CC-05, 2019-027599-CC-05, 2019-026371-CC-05, 2019-025653-CC-05, 2019-025655-CC-05, 2019-025662-CC-05, 2019-024467-CC-05, 2019-024463-CC-05.

        State Case Numbers (closed): 132019CC024463000005, 132019CC024467000005, 132019CC025662000005, 132019CC025655000005, 132019CC025653000005, 132019CC026371000005, 132019CC027599000005, 132019CC027829000005, 132019CC028410000005, 132019CC028412000005, 132019CC028802000005, 132019CC030040000005, 132019CC030496000005, 132019CC031035000005, 132019CC032122000005, 132019CC032439000005, 132020CC001652000005, 132020CC002024000005, 132020CC003063000005, 132020CC003059000005, 132020CC005727000005, 132020CC006503000005, 132020CC006499000005.

        Have you read enough? Book Now to get help. > >

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

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

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

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

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

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

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

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

        If anyone has any questions about these cases, I’d be happy to speak about them further offline.

        Have you read enough? Book Now to get help. > >


        [CONTACT AN ATTORNEY: If you have a question for an attorney about the Miami-Dade Florida-based Strike 3 Holdings, LLC cases and my experiences with them when Malibu Media LLC used this same tactic, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

          STRIKE 3 HOLDINGS, LLC (“BLACKED, TUSHY, VIXEN”) ADULT FILM LAWSUITS

          strike-3-holdings-anonymous-settlement
          strike-3-holdings-blacked-tushy-vixen-awardsgraphic-for-lawsuit Strike 3 Holdings lawsuits for Blacked, Tushy, Vixen adult films

          I have added this page for internet users who have become entangled in the Strike 3 Holdings LLC (a.k.a. the Strike Three movie titles produced by Blacked, Tushy, and Vixen) movie lawsuit cases.  The goal here is to keep up to date on this plaintiff, and to discuss their various cases.  Should you learn of any updates regarding one of their cases, or you hear that a Strike 3 Holdings subpoena has been issued to an ISP, please post it here using the following format — (e.g., “Strike 3 Holdings LLC v. John Does 1-20 (Case No. 4:17-cv-01363) filed in the U.S. District Court for the Northern District of Ohio”).  Please also feel free to post new cases you find where Strike Three Holdings LLC is listed as the plaintiff.

          Strike 3 Holdings LLC v. Does Lawsuits

          Strike 3 Holdings LLC (a.k.a. “Strike Three Holdings LLC”) is suing for copyright infringement based on the the illegal download or streaming of the adult movie titles produced under the Blacked, Tushy, and Vixen brands.  The lawsuits are all copyright infringement lawsuits filed in the Federal Courts, and each lawsuit sues for statutory damages of $150,000.

          Accused internet users [in receipt of Strike 3 subpoenas] are made aware of these cases when they are sent a letter from their ISP (e.g., CenturyLink, Comcast, Hawaii Telecom, Verizon Fios, Time Warner Cable, etc.), which informs them 1) they are implicated as a “John Doe” Defendant in this case, and 2) the ISP is bound by a subpoena to share the account holder’s contact information (and relevant information about their IP address’ involvement in the case) on a certain due date unless the subscriber files an objection to the Strike 3 Holdings subpoena with the court (referring to a “motion to quash“).

          Have you read enough? Book Now to get help. > > >

          Remember to please exercise discretion when posting (e.g., do not post your real name or e-mail address), and as usual, avoid using vulgar or offensive language (both towards the plaintiff and towards other users).

          [CONTACT AN ATTORNEY: If you have a question for an attorney about the Strike 3 Holdings LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

          RECENT CASE HISTORY OF THE STRIKE 3 SUBPOENA CASES:

          Strike 3 ISP subpoenas ordered in the California Northern District Court:
          STRIKE 3 HOLDINGS, LLC v. DOE (Case No. 5:17-cv-05960)
          Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 108.217.228.232 (Case No. 3:17-cv-06055)
          Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 24.143.239.235 (Case No. 3:17-cv-06060)
          Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 24.4.239.115 (Case No. 3:17-cv-06057)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE subscriber assigned IP address 73.252.213.89 (Case No. 5:17-cv-05963)
          Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 76.126.131.175 (Case No. 3:17-cv-06058)

          Strike 3 ISP subpoenas ordered in the Connecticut District Court:
          Strike 3 Holdings, LLC v. Doe (Case No. 3:17-cv-01667)
          Strike 3 Holdings, LLC v. Doe
          (Case No. 3:17-cv-01678)
          Strike 3 Holdings, LLC v. Doe
          (Case No. 3:17-cv-01679)
          Strike 3 Holdings, LLC v. Doe
          (Case No. 3:17-cv-01680)
          Strike 3 Holdings, LLC v. Doe
          (Case No. 5:17-cv-01667)

          Strike 3 Holdings subpoena case in the Michigan Eastern District Court:
          Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 108.236.213.91 (Case No. 2:17-cv-13279)
          Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.127.245.75 (Case No. 2:17-cv-13281)
          Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.192.177.96 (Case No. 2:17-cv-13282)
          Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.192.208.158 (Case No. 2:17-cv-13283)

          Strike 3 Holdings subpoena case in the New Jersey District Court:
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.35.148.30 (Case No. 3:17-cv-10314)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.54.7.225 (Case No. 2:17-cv-10305)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 24.191.216.200 (Case No. 2:17-cv-10297)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.141.228.16 (Case No. 1:17-cv-10276)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.194.91.109 (Case No. 3:17-cv-10308)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.195.102.8 (Case No. 2:17-cv-10290)
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.196.168.172 (Case No. 1:17-cv-10285)

          Strike 3 Holdings subpoena case in the New York Southern & Eastern District Courts:
          Strike 3 Holdings, LLC v. Doe (Case Nos. 2:17-cv-05606, 2:17-cv-05630, 2:17-cv-05631, 2:17-cv-05633, 2:17-cv-05634, 2:17-cv-05635, 2:17-cv-05636, 2:17-cv-05637, 2:17-cv-05638, 1:17-cv-07343, 1:17-cv-07344, 1:17-cv-07345, 1:17-cv-07346, 1:17-cv-07347, 1:17-cv-07348, 1:17-cv-07349, 1:17-cv-07350, 1:17-cv-07351, 1:17-cv-07352, 1:17-cv-07353, 7:17-cv-07354, 7:17-cv-07355)

          Strike 3 Holdings subpoena case in the Pennsylvania Eastern District Court:
          STRIKE 3 HOLDINGS, LLC v. JOHN DOE
          (Case No. 2:17-cv-04797, 2:17-cv-04798, 2:17-cv-04802, 2:17-cv-04803, 2:17-cv-04804, 2:17-cv-04805)

          Strike Three Holdings subpoena cases in the Michigan Western District Court:
          Strike Three Holdings, LLC v. John Doe Assigned IP Address 172.15.113.94 (Case No. 1:17-cv-01000)
          Strike Three Holdings, LLC v. JOHN DOE subscriber assigned IP address 107.4.34.188 (Case No. 1:17-cv-01001)
          Strike Three Holdings, LLC v. JOHN DOE subscriber assigned IP address 68.56.45.203 (Case No. 1:17-cv-01002)
          Strike Three Holdings, LLC v. JOHN DOE subscriber assigned IP address 73.161.220.250 (Case No. 1:17-cv-01003)
          Strike Three Holdings, LLC v. JOHN DOE subscriber assigned IP address 96.36.2.82 (Case No. 1:17-cv-01005)

          *New Cases* filed in the US District Court for the District of Columbia:
          Strike 3 Holdings, LLC v. DOE (Case Nos. 1:17-cv-02338, 1:17-cv-02344, 1:17-cv-02345, 1:17-cv-02346, 1:17-cv-02347, and 1:17-cv-02342)

          [CONTACT AN ATTORNEY: If you have a question for an attorney about the Strike 3 Holdings subpoena-based cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings subpoena, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

          Have you read enough? Book Now to get help. > > >

          BLOG POSTS:

          Article(s) Written on the Strike Three Holdings subpoenas:

          Everything you need to know in one page about your Strike Three Holdings LLC (movie titles produced by Blacked, Tushy, and Vixen) Movie Lawsuit and ISP subpoena,” written on 11/5/2017
          SIMILARITIES BETWEEN THE STRIKE THREE LAWSUITS AND THE MALIBU MEDIA, LLC LAWSUITS,” written on 11/15

          HOW AN ATTORNEY SHOULD REPRESENT A STRIKE 3 SUBPOENA CLIENT:

          Because bittorrent-based copyright infringement cases appear to be similar, I thought it would be beneficial to take a few moments and simplify the process. That way, when you pay an attorney, you will know exactly what the attorney will be doing.  (Look here for an article on when to hire an attorney, and at what point does it become too late to hire an attorney.)

          Here are the steps your attorney (us, or anyone else) should be taking on your behalf.

          STEP 1) STOP PLAINTIFF FROM CONTACTING YOU OR ANYONE ELSE ON YOUR BEHALF (WORKPLACE) ABOUT THE CLAIMS AGAINST YOU.

          Once your plaintiff attorney learns that you are represented by an attorney, all communication must be with that attorney alone. Phone calls or letters to client directly once a notice of representation is provided can jeopardize that attorney’s law license.

          STEP 2) RESEARCH AND DISCUSS CLAIMS COMPARING PLAINTIFF ATTORNEY’S DATA OF USE VERSUS ACTUAL USE OR NON-USE.

          Carl Crowell and his local counsel across the US (here in Texas, Gary Fischman) appear to be researching the claims and linking the accused IP addresses to determine whether that accused defendant has been involved in the download of other copyrighted films.  They appear to be watching the activity of the IP address (specifically, before and after the date the ISP sends the subpoena notice to the account holders) to see if there is a change in the downloading activity of the accused subscriber.

          It is important to share truthful information with your defense attorney so that claims against you can be disputed with facts and dates.  The plaintiff attorneys have data that they rely on, but their reliance on that data is based on a STORY which may or may not have an alternative explanation.  Obviously, your attorney should have the common sense to discuss the claims in order to refute their story without admitting guilt on your behalf.

          STEP 3) DISCUSS AND NEGOTIATE SETTLEMENT OPTIONS WITH PLAINTIFF ATTORNEY, WHETHER BY PAYING A SETTLEMENT FEE, OR NO SETTLEMENT (PROCEED WITH LAWSUIT).

          Normally the plaintiff attorneys in a copyright infringement lawsuit (or more frequently, a bittorrent-based “copyright troll” lawsuit) will immediately approach a settlement regardless of guilt or wrongdoing. This is not always the case with the Strike Three Holdings LLC attorneys, as they do not always offer settlements to accused defendants.

          The “no settlement” letter option is obviously the scenario where the client did not do the download, or the plaintiff attorney was unwilling to come to an amicable arrangement.

          Obviously if neither side can agree on an early solution to the problem, then yes, it makes sense to proceed to allow the plaintiff attorney to name and serve your client, file an answer with the court, and proceed with defending your client’s interests in the courtroom.

          STEP 4) NEGOTIATE PRICE (IF BENEFICIAL, CONSIDERING CLIENT’S ABILITY TO PAY). PROVIDE DOCUMENTATION OR STATEMENT IF NECESSARY TO SUBSTANTIATE CLAIMS.

          Many accused defendants downloaded the copyrighted movie not realizing that the download was illegal.  This is because there are websites (e.g., The Pirate Bay) which, on their face, appear to be innocuous.  However, unbeknownst to the end user, The Pirate Bay shares a bittorrent file with the end user’s bittorrent software.  It through the download of the pirated videos included in the bittorrent file that the account holder gets ‘caught’ downloading the video, because his/her real IP address is exposed as the bittorrent software joins the user to one or more bittorrent swarms in order to acquire the video.

          Streaming movies via bittorrent is the newest way to get caught.

          Unfortunately, it is not always known whether a video source is legitimate or not.  For example, the videos presented on The Pirate Bay (as the name describes) are usually pirated, and downloading the videos or viewing the videos can get the end user sued for copyright infringement.  Contrast this with other movie sources, e.g., Netflix, Amazon Prime, Hulu, etc., which are legitimate.  However, there are many “in between” websites which appear to be legitimate, but may not be.

          Regardless of the intention of how the adult film was acquired, downloaded, or viewed, this is our goal — to have the circumstances of the accused defendant be relevant and useful in a negotiation with Strike 3 Holdings LLC to arrive at a settlement price the client can afford.

          Have you read enough? Book Now to get help. > > >

          STEP 4A) IF ATTORNEY IS UNCOOPERATIVE, CONSIDER ARGUING FOR MINIMUM STATUTORY DAMAGES

          Obviously this is not a preferred outcome, but it still must be considered.  If an attorney is unwilling to settle (or if he or she is being unreasonable in settlement negotiations, e.g., asking for too much money, or requiring the client to take some action outside negotiating a settlement agreement), there is another alternative strategy.  Have your attorney file an answer on your behalf, admit guilt to the claims of copyright infringement, and argue for what is called “minimum statutory damages” of $750 plus the other side’s attorney fees (which at this point would be minimal).  While not a preferred alternative, it is a method of forcing a reasonable settlement amount upon the plaintiff attorney if the download actually occurred.

          STEP 5) NEGOTIATE TERMS OF SETTLEMENT AGREEMENT.

          The settlement agreement should be specific to the claims of copyright infringement, and they should include the nuances of contract law in order to ensure the agreement is enforceable.  The terms should not ‘admit guilt’ on behalf of the client, and the scope of the contract should include not only the accused defendant (the account holder), but also the household and/or family members.

          There are other crucial elements to have in a settlement agreement (e.g., attorney fee shifting specific to copyright infringement lawsuits), but the above should be sufficient.

          STEP 6) HAVE PLAINTIFF ATTORNEY SIGN AGREEMENT(S), THEN HAVE CLIENT SIGN AGREEMENT(S) AND PROCESS SETTLEMENT PAYMENT.

          This is self explanatory. Strike Three Holdings LLC is not bound to an agreement until they sign it (or until their attorney with authority to sign signs it on their behalf as their agent). Attorneys generally try to get the John Doe Defendant to sign first and pay their settlement fee, and then ‘maybe’ the plaintiff attorney will sign it, and ‘maybe’ the attorney will accept the payment, and ‘maybe’ the attorney will release that defendant from liability once the settlement is received. These are games a plaintiff attorney may play, and for this reason, it is advisable to have the defense attorney insist that the plaintiff attorney sign the agreement first in order to bind their client to the terms of the agreement… before their client signs the agreement or pays a penny in settlement of the claims against them.

          STEP 7) FOLLOW-UP WITH PLAINTIFF TO HAVE CLIENT’S “JOHN DOE” ENTITY DISMISSED FROM CASE.

          Once again, this is self explanatory, but unfortunately, it must be a step. Too often, plaintiff attorneys have the clients sign first and pay first, and then when they get around to it, they’ll sign the agreement and release that defendant from liability. However, this could take weeks or months.

          The reason for this is because once their client has their money, without being contract-bound to release the defendant from the lawsuit (assuming the John Doe Defendant signed first), the John Doe Defendant who paid their settlement fee becomes a lower priority to the busy plaintiff attorney (who is juggling sometimes hundreds of defendants in multiple cases) who is more worried about the due dates for their other cases, or who is more worried about extracting settlements from other defendants. This is why it is important in STEP 6) for the plaintiff attorney to sign the agreement first.

          Nevertheless, even with a signed agreement, sometimes the plaintiff attorneys need ‘reminders’ to do what they are duty-bound to do. Thus, your attorney should not close the client’s file when payment is sent, but rather, the attorney should stay on top of the plaintiff attorney until the dismissal is actually filed in the court dismissing that John Doe Defendant from liability.

          [CONTACT AN ATTORNEY: If you have a question for an attorney about the Strike Three Holdings LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

          Have you read enough? Book Now to get help. > > >

          TIMELINE: STRIKE THREE SUBPOENAS AND HOW TO HANDLE THEM

          Any Strike Three Holdings LLC “copyright troll” bittorrent-based copyright infringement lawsuit really revolves around the Strike 3 subpoena which moves from the court to the accused John Doe Defendants.  Tracking a Strike Three Holdings subpoena can help an accused defendant understand the timelines of when they can fight, when they can settle, when they can ignore, and whether they are anonymous or not at each step.

          NOTE: I have moved the contents of this section to its own article, because the topic of “Subpoena Stages and Anonymity” is not limited to the Strike 3 Holdings lawsuits stemming from adult film titles produced by Blacked, Tushy, and Vixen.

          Strike 3 Subpoena is first introduced to the court for approval.

          A Strike Three subpoena is first introduced to the court when the plaintiff attorney files the lawsuit and asks the court for permission to obtain the identities of the various internet users accused of downloading Strike Three Holdings LLC’s movie titles under the Blacked, Tushy, and Vixen brand names.

          Strike 3 Subpoena, once approved by the court, is sent to the ISP.

          The federal judge approves the Strike 3 subpoena (usually by rubber stamp), and the Strike 3 subpoenas are then sent to the “abuse” department of the various ISPs (e.g., AT&T U-verse, COX Communications, Comcast, etc.).  These ISPs in receipt of the Strike 3 subpoena are ordered to hand over the accused subscriber’s information to the plaintiff attorney.  They send a notice to the account holder that a Strike 3 subpoena has been received, and that they are under a duty to comply with the subpoena by a certain date unless the account holder files a Motion to Quash the Strike 3 subpoena before the arbitrary deadline they set (usually the deadline is 30 days from the notice sent to the subscriber).

          The ISP forwards the Strike 3 Subpoena to the accused account holder giving him a chance to file an objection with the court.

          You (the account holder) receive the notice containing the Strike 3 subpoena, and you learn that you are implicated as a “John Doe” (an unnamed defendant) in the Strike 3 Holdings LLC v. Does lawsuit.  At this point, you are still anonymous.

          The ISP complies with the Strike 3 Subpoena and hands over your contact information to the plaintiff attorney.

          Assuming you do not file the Motion to Quash (there are many articles on this website explaining why you might not do so), the 30-day deadline set by your ISP will lapse, and your ISP will comply with the Strike 3 subpoena.  They turn over your information to the PLAINTIFF ATTORNEY (but not to the court or anyone else).  You are still anonymous.

          Have you read enough? Book Now to get help. > > >

          The exact moment your anonymity expires.

          At this point, the life of the Strike 3 subpoena is over, as it has served its purpose and the plaintiff attorney is in receipt of your contact information (and whatever other information your ISP was forced to hand over to it).  At this point, you are a “John Doe” defendant in the lawsuit, and only your plaintiff attorney knows your real identity.  YOU ARE STILL ANONYMOUS at this point (as to the court and the world, as the plaintiff attorney is not going to share your information unless he decides to name and serve you as a defendant in the lawsuit).

          Your anonymity expires once the Strike 3 plaintiff attorney realizes that he or she cannot get a settlement from you, and based on their evidence that you are the downloader of their Blacked, Tushy, and/or Vixen branded movie titles, they file an amended complaint with the court with your name as a defendant, and they serve you with a copy of the complaint.  At this point, you have been “named and served,” and you are no longer anonymous.  At this point, you need to decide whether it makes more sense to stand and defend against the claims against you (again, consider the attorney fees issue), or to negotiate a settlement and amicably step away from the lawsuit.

          NOTE: If you choose to fight, be aware of Prof. Matthew Sag’s paper entitled “Defense Against the Dark Arts of Copyright Trolling,” and the considerations surrounding using what are otherwise “valid” defenses to copyright infringement which likely DO apply to your case.

          [CONTACT AN ATTORNEY: If you have a question for an attorney about the Strike Three Holdings LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

          In sum, about this article.

          In sum, copyright infringement cases are all similar, but each one has its nuances. The steps described in this article apply to any John Doe Defendant in any copyright infringement lawsuit, and for this reason, I wrote this article 1) to not only give the client an understanding of the steps which are required in representing a client prior to being named and served in a John Doe lawsuit, but more importantly, 2) to allow that client to hold their lawyer’s toes to the fire and make sure they are being represented carefully and individually.


          [CONTACT AN ATTORNEY: If you have a question for an attorney about the Strike Three Holdings LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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

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

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