Tag Archives: Strike 3 Holdings ISP subpoena

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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MIAMI DADE COUNTY COURT LIST OF STRIKE 3 HOLDINGS CASES:

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

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

Local Case Numbers: 2019-027829-CC-05, 2019-027599-CC-05, 2019-026368-CC-05, 2019-026371-CC-05, 2019-025653-CC-05, 2019-025655-CC-05, 2019-025662-CC-05, 2019-024463-CC-05, 2019-024467-CC-05, and 2019-024647-CC-05.

State Case Numbers: 132019CC027829000005, 132019CC027599000005, 132019CC026368000005, 132019CC026371000005, 132019CC025653000005, 132019CC025655000005, 132019CC025662000005, 132019CC024463000005, 132019CC024467000005, and 132019CC024647000005.

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

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

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

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

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

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

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

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

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

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

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

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

Why incorrect attorneys are listed on Strike 3 Holdings LLC case dockets.

There has been confusion in recent weeks as to which Strike 3 Holdings, LLC attorney has authority to represent the Strike 3 Holdings LLC client. Is Lincoln Bandlow in charge? Or John Atkin of The Atkin Firm, LLC?

Why do Strike 3 Holdings cases need a Kingpin?

In bittorrent-based copyright infringement lawsuits, in order to run a multi-state set of cookie-cutter lawsuits, an attorney behind the scenes or “kingpin” is often needed (or, found). This “kingpin” attorney directs each of the other local attorneys who file Strike 3 Holdings copyright infringement lawsuits in federal courts across the US.

A central figure, or “kingpin” is also useful to keep the Strike 3 Holdings settlements uniform. That way, whether you are a John Doe Defendant dealing with New York Strike 3 Holdings cases or California Strike 3 Holdings cases, the settlements are generally* the same.

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  • NOTE: Strike 3 Holdings settlements are not uniform. Each case has its own list of titles allegedly infringed, and the settlement amount that the Strike 3 Holdings attorney asks for is some per-title settlement number multiplied by how many titles there are.

  • For example: If there are 20 titles and the plaintiff is asking for $750/title (they do go lower), they would be asking for a $15,000 settlement. Strike 3 Holdings settlement amounts, however, are not the subject of this article.

Returning to the concept of a “kingpin,” the Strike 3 Holdings cases have been run behind the scenes by Lincoln Bandlow, until now, a partner at Fox Rothschild LLP. Thus, whether your plaintiff attorney was Shireen Nasir, [or, John Atkin, Jacqueline James, Andy Nikolopoulos, or David Grant Crooks (all local attorneys to Lincoln Bandlow working at Fox Rothschild LLP)], Lincoln was the attorney behind the scenes directing each of the Strike 3 Holdings lawsuits across the US.

The Strike 3 Holdings Attorney Shake-Up

Over the past few weeks, however, there has been a shake-up (perhaps a power struggle) between the attorneys at Fox Rothschild LLP. Rumors have been told to me that attorneys at Fox Rothschild and Lincoln Bandlow have been experiencing “tension.”

It wasn’t clear to me whether the issue was that Fox Rothschild LLP did not want to be known for suing thousands of bittorrent users in a copyright troll-like fashion, or whether there was a power struggle between Lincoln Bandlow, a partner at Fox Rothschild LLP, and the other @foxrothschild.com attorneys from other offices across the US who were filing bittorrent-based copyright infringement cases under Lincoln’s direction.

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PERHAPS the Strike 3 Holdings local attorneys wanted to be compensated for the time they spent in filing the cases — for example, in their annual billable hours requirement that attorneys working for a law firm often face.

Or, PERHAPS there was a disagreement about MONEY, namely, which attorneys would be financially compensated when a Strike 3 Holdings settlement is paid. MAYBE one attorney “owned” the Strike 3 Holdings LLC client (my guess, Lincoln), and PERHAPS only he was compensated on a contingency basis for each of the clients who settled.

Who knows what was really going on behind the scenes.

THE FIRST DEFECTION: JOHN ATKIN.

A few weeks ago, I noticed that John Atkin (one of Lincoln Bandlow’s local counsel) broke away from Fox Rothschild and started his own law firm — The Atkin Firm, LLC.

Atkin then started filing Strike 3 Holdings LLC cases using his own law firm as the attorney representing Strike 3 Holdings, LLC. It occurred to me that PERHAPS John Atkin’s flight from Fox Rothschild LLP could be a defection because he was taking the Strike 3 Holdings LLC client with him.

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Alternatively, as many copyright troll attorneys have done in the past, they calculate how much money they could make in commissions (contingency fees) if they themselves take a percentage of every settlement amount paid by a Strike 3 Holdings John Doe Defendant.

They calculate how quickly they could “get rich” from collecting settlements and they decide to represent the “dark side” of copyright trolling; in representing the copyright troll, they become a copyright troll attorney themselves (a plaintiff attorney who files cookie-cutter lawsuits in federal court with the purpose of collecting settlements from each and every defendant who is sued, regardless of whether the defendant actually did the download or not).

With my potential apologies to John Atkin (for whom I do not yet know the circumstances behind his defection from Fox Rothschild LLP), my initial thought was “here is another copyright troll attorney who thinks he could get rich suing defendants.” However, to my surprise, a week ago, I saw a second defection from Fox Rothschild LLP which was a surprise to me.

THE SECOND DEFECTION: LINCOLN BANDLOW.

To my shock, this past week, Lincoln Bandlow (partner) left Fox Rothschild and started his own law firm — “Lincoln Balndlow Law (BandlowLaw.com),” or the “Law Offices of Lincoln Bandlow, P.C.”. The “kingpin” left the law firm which [presumably] he worked many years to climb the ladder and become a partner. Why?!?

The answer is that I simply don’t yet know. I could only assume that the other Fox Rothschild LLP partners did not allow him to run the Strike 3 Holdings cases the way he wanted to run them. Or, perhaps the other partners were taking a large share of the settlement profits, all of which Lincoln could take for himself if he was not tethered to a law firm who pays him a salary.

Thus, Lincoln Bandlow, partner of Fox Rothschild LLP defected too, and started his own law firm… and he took the Strike 3 Holdings LLC client with him (or so it seemed).

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CONFUSION: WHICH ATTORNEY HAS ACTUAL AUTHORITY TO REPRESENT STRIKE 3 HOLDINGS?

The confusion as to which attorney had authority to represent Strike 3 Holdings, LLC became apparent on the court dockets of the hundreds of Strike 3 Holdings LLC cases across the US.

The new cases now list John Atkin of The Atkin Firm, LLC as the “lead attorney – attorney to be noticed” on the court dockets. This implies that JOHN ATKIN’S FIRM has authority to represent Strike 3 Holdings, LLC in these cases and NOT FOX ROTHSCHILD.

However, until now, Fox Rothschild LLP has been running ALL of the Strike 3 Holdings, LLC cases with with Lincoln Bandlow (partner) as the known “kingpin” of the Strike 3 Holdings, LLC cases.

Two sets of attorneys, each one claiming that they alone are representing the Strike 3 Holdings LLC client.

Then when Lincoln Bandlow left Fox Rothschild LLP, the problem compounded itself. Now on dockets across the US, names like Shireen Nasir of Fox Rothschild, or Andy Nikolopoulos and David Grant Crooks of Fox Rothschild, are STILL LISTED as the attorney of record, but their “kingpin boss” Lincoln Bandlow no longer works for the firm.

Lincoln presumably took the Strike 3 Holdings LLC client with him when he left, and even now, he is still representing the Strike 3 Holdings LLC client.

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With different attorneys claiming to each represent the same client, and apparently the “wrong” attorney is listed on the case dockets across the US, there was (and in some cases, still is) confusion as to which plaintiff attorney is authorized to represent Strike 3 Holdings LLC.

THE PROBLEM: THE WRONG ATTORNEYS ARE LISTED ON STRIKE 3 HOLDINGS DOCKETS

Honestly, I don’t care if attorneys have a “turf war” over a client, but there is a duty to properly list the attorney representing the client on the court docket. Otherwise, how would we know who to contact when sending over a letter of representation to the “other side”?

If the former attorney [of Fox Rothschild LLP] is no longer representing the client, that attorney needs to either withdraw as that client’s attorney, or they need to replace themselves with the attorney having actual authority to represent the Strike 3 Holdings, LLC client.

It is an confusing problem to have one attorney represent the Strike 3 Holdings client on the court docket, and to have another attorney claim to be Strike 3 Holdings’ attorney.

THE SOLUTION: FRACTURED DECENTRALIZED AUTONOMY OF DIFFERENT STRIKE 3 HOLDINGS ATTORNEYS

Just so that we are clear, I am pretty sure this “turf war” within the Strike 3 Holdings attorneys is probably still going on.

I think that at the moment, Lincoln Bandlow and John Atkin are negotiating with Emilie Kennedy, the General Counsel for Strike 3 Holdings, LLC (and former attorney to Keith Lipscomb, the former “kingpin” of the Malibu Media, LLC cases) to determine which of them have AUTONOMY to handle which Strike 3 Holdings, LLC cases in which federal courts.

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I also assume that Jackie James (in NY, NJ, CT) also is in the process of (or has already negotiated) autonomy in deciding how to run the cases and how to be compensated for her efforts in the cases she has filed.

Thus, I suspect that we will soon be seeing multiple attorneys each with authority to negotiate the claims on behalf of Strike 3 Holdings, LLC.

RECENT STRIKE 3 HOLDINGS CASES (AS OF 4/1/2019)

Recent Cases filed in the Florida Middle District Court (as of 4/1/2019)
Strike 3 Holdings, LLC v. John Doe subscriber… (6:19-cv-00629), (6:19-cv-00631), (3:19-cv-00492), (3:19-cv-00495)
…IP address 172.5.54.85 (3:19-cv-00493)
…IP address 184.88.18.146 (5:19-cv-00216)
…IP address 184.89.213.178 (5:19-cv-00217)
…IP address 47.196.188.17 (8:19-cv-00779)
…IP address 47.199.238.60 (8:19-cv-00781)
…IP address 47.199.239.139 (8:19-cv-00782)
…IP address 47.199.247.145 (8:19-cv-00783)
…IP address 67.174.8.201 (5:19-cv-00215)
…IP address 67.190.196.212 (3:19-cv-00504)
…IP address 70.126.192.176 (8:19-cv-00784)
…IP address 71.199.255.8 (3:19-cv-00505)
…IP address 73.171.208.61 (3:19-cv-00506)
…IP address 73.224.41.91 (3:19-cv-00507)
…IP address 97.101.29.186, an individual (3:19-cv-00509)
…IP address 97.101.82.7 (5:19-cv-00218)
…IP address 98.231.74.245 (3:19-cv-00508)
…IP address 99.42.93.24 (3:19-cv-00496)
…IP address 99.5.68.72 (3:19-cv-00502)

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Recent Cases filed in the Michigan Eastern District Court (as of 4/1/2019)
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 108.223.196.143 (2:19-cv-11251)
…subscriber assigned IP Address 162.228.98.144 (2:19-cv-11256)
…subscriber assigned IP Address 23.117.52.196 (2:19-cv-11257)
…subscriber assigned IP Address 75.38.255.135 (2:19-cv-11259)
…subscriber assigned IP Address 76.243.106.115 (2:19-cv-11260)
…subscriber assigned IP Address 99.120.227.28 (2:19-cv-11261)
…subscriber assigned IP Address 99.186.113.152 (2:19-cv-11263)

Recent Cases filed in the New Jersey District Court (as of 4/1/2019)
Strike 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.31.190 (2:19-cv-10239)
…ASSIGNED IP ADDRESS 100.8.22.2 (2:19-cv-10240)
…ASSIGNED IP ADDRESS 108.35.12.169 (2:19-cv-10242)
…ASSIGNED IP ADDRESS 108.35.139.176 (3:19-cv-10278)
…ASSIGNED IP ADDRESS 108.35.80.90 (2:19-cv-10244)
…ASSIGNED IP ADDRESS 108.53.110.45 (3:19-cv-10279)
…ASSIGNED IP ADDRESS 108.53.238.210 (2:19-cv-10246)
…ASSIGNED IP ADDRESS 173.54.58.54 (2:19-cv-10248)
…ASSIGNED IP ADDRESS 173.63.118.229 (2:19-cv-10249)
…ASSIGNED IP ADDRESS 173.63.201.22 (3:19-cv-10281)
…ASSIGNED IP ADDRESS 173.63.37.82 (3:19-cv-10282)
…ASSIGNED IP ADDRESS 24.0.8.134 (2:19-cv-10227)
…ASSIGNED IP ADDRESS 73.10.213.127 (2:19-cv-10229)
…ASSIGNED IP ADDRESS 73.194.88.76 (3:19-cv-10265)
…ASSIGNED IP ADDRESS 73.195.21.87 (3:19-cv-10270)
…ASSIGNED IP ADDRESS 73.80.191.41 (3:19-cv-10236)
…ASSIGNED IP ADDRESS 96.234.70.188 (2:19-cv-10258)

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Recent Cases filed in the New York Eastern District Court (as of 4/1/2019)
Strike 3 Holdings, LLC v. Doe (2:19-cv-02469), (2:19-cv-02472), (2:19-cv-02473), (2:19-cv-02474), (2:19-cv-02476), (2:19-cv-02480), (2:19-cv-02481), (2:19-cv-02482), (2:19-cv-02483), (2:19-cv-02485)

Recent Cases filed in the New York Northern District Court (as of 4/1/2019)
Strike 3 Holdings, LLC v. Doe (1:19-cv-00482), (1:19-cv-00483), (5:19-cv-00484), (5:19-cv-00485), (5:19-cv-00486)

Recent Cases filed in the New York Southern District Court (as of 4/1/2019)
Strike 3 Holdings, LLC v. Doe (1:19-cv-03713), (1:19-cv-03714), (1:19-cv-03715), (1:19-cv-03716), (1:19-cv-03717), (1:19-cv-03718), (1:19-cv-03719), (1:19-cv-03720), (1:19-cv-03721), (1:19-cv-03722), (1:19-cv-03723), (1:19-cv-03724), 7:19-cv-03725), (7:19-cv-03726), (7:19-cv-03727), (7:19-cv-03728), (7:19-cv-03729), (7:19-cv-03730)

Recent Cases filed in the New York Western District Court (as of 4/1/2019)
Strike 3 Holdings, LLC v. Doe (1:19-cv-00534), (1:19-cv-00535), (6:19-cv-06302)

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[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].

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.