Tag Archives: geolocation

Malibu Media, LLC cases facing hard scrutiny in California.

Malibu Media, LLC just stepped into mud.

Let’s take this one step deeper, and delve into the 100 most recent cases filed in October, because these are the Malibu Media, LLC cases most relevant to people now (the July-August batch of cases have likely been disposed of by now).

Of the 109 cases, roughly EIGHTY of them were filed in the California Northern District Court, and EACH AND EVERY CALIFORNIA CASE was assigned to Judge William Alsup (going back to even 2011, I referred to him as ‘Judge Rocket Docket’ by the way he handles and disposes of cases). In my humble opinion, it appears to me as if Malibu Media here stepped in the mud.

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

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

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

Which California Malibu Media cases are affected?

Here are a list of the cases. I’ll write my opinion about them in just a moment.:

80 CASES FILED IN 10/2016 IN THE CA NORTHERN DISTRICT COURT (CAND) — [I’m not formatting these.  Just note the filing dates.]
Malibu Media LLC v. Doe (Case No. 3:16-cv-05741) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05742) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05742) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05737) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05738) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05741) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05739) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05743) Oct 06
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05743) Oct 06
Malibu Media LLC v. Doe (Case No. 3:16-cv-05825) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05829) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05827) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05829) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05823) Oct 09
Malibu Media LLC v. Doe (Case No. 4:16-cv-05850) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05845) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05847) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05845) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05850) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05843) Oct 11
Malibu Media, LLC v. John Doe (Case No. 4:16-cv-05843) Oct 11
Malibu Media LLC v. Doe (Case No. 3:16-cv-05925) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05926) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05920) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05927) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05921) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05922) Oct 13, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05923) Oct 13
Malibu Media LLC v. Doe (Case No. 3:16-cv-05974) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05976) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 5:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05977) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05977) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05970) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05972) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05973) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06108) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06110) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06109) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06106) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06110) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06107) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06108) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06112) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06109) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-06107) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06160) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06146) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06147) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06160) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06155) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06141) Oct 25, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06144) Oct 25
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06143) Oct 25
Malibu Media LLC v. Doe (Case No. 3:16-cv-06241) Oct 28, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06242) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06245) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06239) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06247) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06240) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06249) Oct 28, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06243) Oct 28

My opinion about Judge Alsup and the Malibu Media California Cases.

My first impression when reviewing these cases was… why did they file them in batches of 10-13 cases or less?  Were they trying to ‘play’ the case distribution game in order to make sure the cases were equally distributed between all of the California Northern District federal judges?  Because this backfired on them.  Judge Alsup has all of their California cases.

I actually smiled when I saw that each of the cases are now assigned to Judge Alsup, because he has been known to question Malibu Media’s tactics. Let me say this more clearly — Judge Alsup knows exactly who Malibu Media, LLC is, what kind of copyright trolls they are, and he makes no secret about it. He is even on the record in casting doubt on the reliability and the accuracy of the geolocation data that Malibu Media uses to file their lawsuits.

Most recently, on December 1st (see, Case No. 3:16-cv-05738 (Document 8), Judge Alsup denied 53 requests by Malibu Media to send letters to the ISPs ordering them to turn over the identity of the accused internet users, which means that 53 of the 80 California ‘John Doe’ defendants in these cases (maybe more by now) will be shielded from Malibu Media, LLC’s copyright infringement lawsuits and tactics.

In Summary, California Malibu Media, LLC days are over…

IN SUM, BECAUSE JUDGE ALSUP DENIED MALIBU MEDIA LLC’S MOTION FOR EXPEDITED DISCOVERY, MALIBU MEDIA LLC WILL NOT BE PERMITTED TO SEND SUBPOENAS TO THE ISPs ORDERING THEM TO HAND OVER THE CONTACT INFORMATION FOR THESE DEFENDANTS.

I have not checked whether anything has happened since 12/8, but in short, if you live in California, Malibu Media is not doing so well.

SOURCES AND KUDOS

Sources and Kudos to:
Fight Copyright Trolls, “Judge Alsup questions accuracy of Malibu Media’s geolocation technology, stays subpoena” on 6/20/2016, updated on 12/6/2016.

Fight Copyright Trolls, ““Malibu Media’s geolocation accuracy: more scrutiny” on 6/21/2016.

Techdirt, “Judge Calls Out Malibu Media For Its Attempt To Cut And Run When Faced With Challenge To Its Infringement Claims” on 6/27/2016.


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

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

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

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

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

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

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

How time limits and purged records stop a copyright holder from learning the identity of an accused downloader.

It occurred to me that there is some confusion as to the effect the amount of time ISPs keep IP address logs (linking a particular IP address to a particular subscriber) have on whether those records will be available to the copyright holder if a lawsuit is filed after that time period has elapsed.

The question that sparked this post is as follows:

If CEG-TEK hasn’t subpoenaed someones identity, but the ISP only retains IP information for one year, then after a year it would essentially be impossible for CEG-TEK to obtain the identity correct?

My answer:

In order to understand what is going on, it is important to know who-is-who, and who does what.

I: CEG-TEK (a.k.a. Copyright Enforcement Group):  CEG-TEK hasn’t sued anyone in two years, and thus there are never subpoenas sent to the ISPs.  CEG-TEK is hired by the copyright holders 1) to track the IP addresses of accused downloaders, 2) to maximize the settlement payment by establishing connections between current accused downloads and other “older” downloads that happened at that same location (using IP address geolocation data), 3) to elicit payment in the form of “settlements” from the accused users via their settlement website, and 4) to provide attorney enforcement for those who choose not to settle via the website.

How they do this: CEG-TEK establishes relationships with the ISPs (internet service providers, e.g., Charter, CenturyLink, Giganews, etc.) and they arrange for the ISPs to forward the DMCA settlement demand letters to their subscribers.  CEG-TEK has a website they use to elicit payments from accused downloaders.  Lastly, they have attorneys (e.g., Marvin Cable) who follow-up with accused downloaders (sometimes asking for increasingly larger amounts of money).  Contrary to what is said by the attorneys, neither CEG-TEK nor their lawyers [at the moment] sue people.

II: COPYRIGHT HOLDERS (generally, the production companies): After failing to receive a settlement via the CEG-TEK settlement process, the copyright holders themselves hire out attorneys who enforce their copyrights against those subscribers who “ignored” CEG-TEK’s offers to settle.  Sometimes the attorneys are no-name attorneys, and other times, they are prolific copyright trolls such as from the law firm of Lipscomb and Eisenberg (best known as the attorneys for the Malibu Media lawsuits).

III: ISPs (internet service providers, including Universities and select VPN service providers): ISPs generally hold IP address data (and to which subscriber it was assigned to, and on what date) for one year — check your ISP’s “IP retention policy.” Congress and the RIAA/MPAA are pushing to increase this amount of time to 18 months.  For comparison purposes, in 2010, IP address data was kept for only 6 months. 

NOTE: After the ISP’s “IP retention policy” time limit elapses, if there are no copyright infringement claims, legal claims or requests on a particular IP address assignment record, they will purge that record from their database, meaning that lawsuits, subpoenas, or requests filed AFTER DESTRUCTION will not reveal the subscriber’s identity because that data is no longer available.

HOWEVER, most ISPs have a SECOND DATABASE — this second database holds IP address assignment records which have had claims of copyright infringement asserted against the subscriber, and these records are often kept indefinitely. Thus, if a lawsuit happens YEARS later (even after the IP retention policy date has expired), the data indicating which subscriber was assigned what IP address on what date and time IS RETAINED and will be available to the copyright holders and their attorneys when suing subscribers.

Lastly, (and I did not include this in my initial response,) it is my experience that ISPs generally forward DMCA settlement demand requests LITERALLY WITHIN DAYS of the accused download actually happening.  For example, Charter literally pumps out letters to their subscribers FOUR DAYS after the downloads happen.  Now obviously there are hiccups where a subscriber will receive a pile of infringements at one time, or an infringement notice is withheld until after the CEG-TEK due date has passed, but in my understanding, when this happens, it is either a business-related issue between CEG-TEK and the ISP, or a staffing issue in the subpoena / abuse department at the ISP.

Thus, where CEG-TEK is concerned, I have never heard of a situation where CEG-TEK demands that the ISP forward a letter to a subscriber and the ISP denies that request based on the ISP’s IP retention policy making the subscriber’s information unavailable.

As far as copyright lawsuits in general, yes, the IP retention policy does factor in to when a lawsuit is filed.  I have personally seen a handful of copyright infringement lawsuits filed against John Doe Defendants fail because the ISPs were unable to identify the identities of the accused subscribers because the plaintiff took too long to file the lawsuit (or a judge took too long to approve the subpoena to the ISP demanding the identities of the accused subscribers), and by the time the request or subpoena was received by the ISP, the IP address assignment records were already purged.

Thus, even though a plaintiff copyright holder does have three years from the alleged date of infringement to file a lawsuit against an accused subscriber, they are still bound by the ISP’s IP retention policy if they wish to ever identify the accused subscriber.  That being said, it is the “SECOND DATABASE” which trips up most individuals, as many individuals accused of copyright infringement are not aware that ISPs keep certain IP address assignment records indefinitely (or for a prolonged period of time), and these IP address assignment records are those which have been flagged by a copyright holder, attorney, or other law enforcement agency prior to the expiration of the ISP’s IP retention policy.


UPDATED COPYRIGHT ENFORCEMENT GROUP (CEG-TEK) ARTICLES (from this blog):
Canada begins receiving CEG-TEK DMCA settlement letters. (3/12/2015)
How time limits / purged records stop a copyright holder from learning a downloader’s identity. (12/18/2014)
CEG-TEK’s growing list of participating ISPs, and their NEW alliance with COX Communications. (11/12/2014)
The Giganews VPN Problem (11/12/2014)
CEG-TEK is now your friendly “photo” copyright troll. (6/13/2013)
CEG-TEK’s new “you didn’t settle” letters sent from Marvin Cable. (3/22/2013)
CEG-TEK’s DMCA Settlement Letters – What are my chances of being sued if I ignore? (2/22/2013)
Why CEG-TEK’s DMCA settlement system will FAIL. (2/22/2013)

[2017 UPDATE: Carl Crowell has created a new entity called RIGHTS ENFORCEMENT which has reverse-engineered CEG-TEK’s proprietary DMCA copyright infringement notice system.  Many of you have visited CEG-TEK links thinking that RIGHTS ENFORCEMENT was CEG-TEK, but really they are an ‘evil twin’ competitor.  Since the two entities operate almost the same way, and since Crowell appears to have taken most of CEG-TEK’s client list, this article is relevant.]


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.

Maria-Elena James, Judge vs. Ira Siegel, Troll

As many of you have no doubt read on other blogs, some of the smaller cases have gone bust, others have been given permission to move forward.  At the risk of sounding repetitive, when you see a blog entry on this site, that means that something certainly relevant and of note happened in the bittorrent litigation world.

As far as I am concerned, the former Steele | Hansmeier, PLLC (now Prenda Law Inc.) firm has started to copy the Patrick Collins, Inc. / K-Beech, Inc. business model (the Lipscomb & Eisenberg / Miami Dade / Florida State lawsuit model) of suing defendants in Florida under that state’s Bill of Discovery statutes, getting the judge there to rubber stamp their request to obtain defendants’ contact information from the ISPs (often without notice to the defendants), and then cold calling defendants and threatening to sue in that defendant’s home state unless they settle.  Ira Siegel’s firm has done the same thing with their Mike Meier attorney pretending to defend accused defendants and then switching sides only to start suing in federal courts of various states.  Dunlap Grubb & Weaver, PLLC has been quiet, naming some defendants and then subsequently dismissing them (presumptively when they settle or the court severs and dismisses their case for improperly suing defendants together in one lawsuit), and their big monster cases of last year have been widdling down into non-existence (bye bye Voltage Pictures, Inc. v. Does 1-5,000, etc.).  That means nothing, because now they are playing the same game as everyone else — sending thousands of “scare” letters telling defendants that if they do not settle, they will not only increase the settlement cost, but that they will “name” that defendant in a federal court in their home state.  While this is obviously not the topic of this blog entry, 1) please do not be gullible and give into their demands just because they have made up some arbitrary date and settlement amount, and 2) please do not be cocky as to think that you can outsmart them and take care of this matter on your own.  Both of these approaches have caused much angst for Doe defendants who later realized what they paid for was a second settlement.

The topic of this blog entry is not Ira Siegel or his Copyright Enforcement Group, but it is Judge Maria-Elena James of the US District Court for the Northern District of California.  Prior to John Steele abandoning his cases in Illinois, the judges there started to shut them down as fast as he filed them.  I would posit that the failing of Steele’s business model of suing hundreds of out-of-state defendants in one lawsuit should have been a lesson to Ira Siegel who has not been paying attention, and now his cases are in trouble.  California’s Judge Maria Elena James — once a friend to Ira and his methods, has started to turn a fierce eye of judgement towards his cases.  It is for this reason that I suspect a bunch of his cases are about to go bust.

Until 12/1/2011, all seemed to be good for Ira Siegel.  Sure he suffered a few setbacks, dismissed a few cases, but these — New Sensations, Inc. v. Does 1-1,474 (3:11-cv-02770) and Patrick Collins, Inc. v. Does 1-2590 (Case No. 3:11-cv-02766) — his milk and honey — were moving forward flawlessly… until Judge James figured out that Ira Siegel was filing suits against thousands of defendants, extorting settlement agreements, and all this without naming even one defendant in any of his cases.  This angered her, and she ordered Siegel in both cases (identical orders) to disclose to the court all the details he could about all the Doe defendants, along with why she should not dismiss the case because he has failed to name and serve defendants within the 120 day limit given to him in the Federal Rules of Civil Procedure, Rule 4(m) (the reason a number of Dunlap Grubb & Weaver, PLLC’s (“DGW”) cases went bust in DC).  Essentially, this should have served as a warning sign that his case is about to be dismissed, but instead of fighting back or dismissing a smaller group of defendants (a tactic which DGW did in the West Coast Productions, Inc. v. Does case which kept their case alive for many months), Ira kept silent.

One week later, by 12/7/2011, Judge James utilized simple and free programs known as “geolocation tools” to isolate the location of where a random sample of the putative defendants lived.  When she saw that none of them lived in California, she filed an orders in both cases questioning Ira’s “good faith” in filing this case in the first place.  She also indicated that had she known then what she knows now, she would have never given the order to allow Ira to subpoena the ISPs to determine who the John Doe Defendants were.  As a result, she ordered Ira to run the geolocation tools himself and dismiss everybody who did not live in California (coming soon).  She also ORDERED that Ira Siegel MAY NO LONGER SEND ANY SETTLEMENT DEMAND LETTERS.  Even better, to any Doe Defendants to whom he sent letters, he must send them a second letter telling them that they do not need to comply with his demand letter.  Lastly, she nullified any settlement reached on or after the date of her order.  Ira asked her to change her order, and on 12/8, she denied his request.  Thus, to those of you who received settlement letters, expect to get a second letter explaining everything that I have written here.

While the scope of this article is to discuss the recent acts by Judge James, I wanted to point out that on Friday, the Digital Rights Foundation filed an amicus brief with the court urging them that Ira Siegel not only knew about these issues (e.g., filing against Doe defendants knowing the court had no personal jurisdiction over them), but essentially that what he has done amounts to fraud upon the court.

You could end reading the article here, but if you would like to know Ira’s most recent set of acts (and this might actually make you upset) — for some time, he has been hiring local attorneys and has only now started suing John Doe defendants in states OUTSIDE of California — something in the past he never did.  In short, he is copying what Patrick Collins, Inc. has done for months now, and what John Steele (now, Prenda Law, Inc.) are now doing — that is, he is suing smaller groups of defendants in their home states, most recently with his Digital Sin v. Does cases that he is having Mike Meier file on his behalf.  I hate to make the comparison to something sinister, but you stamp him down in one court, and he spreads his tentacles out to other courts.  Obviously there is more to come.  I expect more news starting on Wednesday, 12/14 (or perhaps on the day(s) following this should the judge learn that he has not complied with her orders).