Righthaven Fails To Show Up In Court As Ordered... When Confronted Says It Got Confused Over The Date
from the a-study-in-incompetence dept
As you may recall, when the federal district court in Nevada granted Marc Randazza's request to turn Righthaven's assets over to a receiver, for the sake of using them to satisfy the court ordered attorneys' fees in the Hoehn case, the court also ordered -- pretty damn clearly -- that Righthaven's principles, Steve Gibson and Raisha "Drizzle" Y. Gibson, appear in court on January 5th. Already, we knew that Righthaven had failed -- as required by the court -- to produce certain documents a week prior to this hearing (for which Randazza has asked the court to declare Righthaven in contempt). You may notice that the date on the calendar is now January 6th.It's one thing to ignore opposing counsel. It's another to ignore multiple direct court orders, including one to appear in court. But... neither Gibson showed up in court yesterday. Nor did Righthaven's main lawyer: Shawn Mangano. According to Randazza, the judge then called Mangano who claimed that he "thought it was tomorrow" (but did not explain the failure to deliver the required documents).
This is pretty amazing. We've had people in our comments repeatedly asking about the January 5th deadline. If a bunch of our commenters can keep the date straight, can't the lawyer for the company being dragged into court? As I said, Righthaven's ability to do exactly the wrong thing at nearly every opportunity is stunning. And every time we think we can't be surprised any more, something like this happens. This is the most amazing study in incompetence we've ever seen. This is a company that failed to properly secure the copyrights it was suing over, chose not to use the DMCA's takedown procedures, often targeted questionable cases of infringement, sued people over clear fair use situations, used a completely bogus demand for domain names in the lawsuits it filed, has been accused of theunauthorized practice of law in multiple states, failed to list Stephens Media as an interested party as required by Nevada law (for which it was sanctioned), failed to file many documents on time, missed deadlines for certain important filings, failed to pay attorneys' fees owed, lost cases due not just to the failure to secure copyright properly but also to missing deadlines, had an appeal thrown out for failing to follow proper procedure... and, has been sued by their own process server for failure to pay its bills. And now this (and I'm probably missing some stuff!).
The judge has set a new hearing date for Monday, January 9th at 9am. I can't imagine that the Gibsons and Mangano could possibly think they can get away with missing that one, too -- but if you had asked, I never would have believed most of the things that Righthaven has done so far would ever happen in real life.
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Filed Under: court, drizzle, marc randazza, raisha gibson, receivership, shawn mangano, showing up, steve gibson
Companies: righthaven
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Re:
This must be that High Court I keep hearing about.
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Re: disrespect
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Re: Re: disrespect
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Re: Re: disrespect
> done, I'm a little surprised that the Judge
> hasn't called them in contempt.
If I was that judge, I'd have issued a bench warrant to the sheriff for the arrest of the Righthaven CEO/president and the company's chief counsel.
Let them cool their heels in the county jail over the weekend and see if their memory for court dates starts to improve.
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/throw the buggers in jail
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Re:
He is just trying to be fair. Maybe they really were confused. He's now giving them enough rope to hang themselves.
What do you think will happen if they miss their next court date? He will probably throw away the key.
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Re: Re:
This judge is being like a doting uncle with a reputation for sternness but desperately trying to avoid actually being stern with pizzle,drizzle and mango.
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I hope the judge hands them a passel or two of cats.
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Bet they dont turn up on the 9th either
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Schedule
I don't know what the people behind Righthaven are thinking when this lack of an organized schedule not only got them into this mess in the first place but this policy will not win them any favours when it comes to sorting out their finances.
He should also keep in mind that the Judge has many other options should he be found to be uncooperative. I expect currently the Judge just thinks he is an idiot and needs a push down the right path.
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Righthaven said that the courts are providing guidance to others who would use Righthaven's business model of suing.
In this case, I think it will end up being guidance on how to stay out of jail.
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And yet...
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Bad argument. I would have told the judge, "Your honor, some pirate stole my Corvette and I couldn't find another ride to court."
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On a totally unrelated note, Righthaven is also totally confused why people keep on saying it's 2012 rather than 3012.
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An app for that...
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Amazing study in incompetence
I beg to diff.
For those of us who have been watching SCO for nearly nine years now (anniversary on March 6, 2012), Righthaven doesn't hold a candle to SCO's nor SCO's lawyers' incompetence.
Never attribute to incompetence what can be adequately explained by malice -- when intellectual property is involved.
While I admire Righthaven's attempts at incompetence, please don't suggest it is more amazing than SCO's incompetence.
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The reason they didn't show up is simple...
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Re: The reason they didn't show up is simple...
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Timeline?
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Re: Timeline?
It was all downhill from there.
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Miscarriage of Justice
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Time to put them down...
They've already made a mockery of the justice system with their gross misinterpretations of the law, their bypassing of existing law and their cloak and dagger tactics of hiding important facts from the judges.
Think of all of the people's lives and businesses that have been ruined because of them.... and now... they beg for mercy.... for... understanding?
Ironic.
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Re: Time to put them down...
> Why aren't the lawyers in this firm held in contempt and put into jail?
> They've already made a mockery of the justice system . . .
> Think of all of the people's lives and businesses that have been ruined because of them . . .
Those of us following SCO were asking the same questions and making the same comments years ago. SCO has truly been an education in how broken the US court system really is. And if you think that is bad, you haven't seen the bankruptcy court system yet. SCO has been in bankruptcy "reorganization" since Sept 2007. The whole thing reeks to high heaven.
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Re: Time to put them down...
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Re: Re: Time to put them down...
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Dale Cendali?
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LLC
Then all we have to do is wait for Righthaven to be caught speeding. Or maybe they'd use Dog Chapman for bail bond since they cannot pay fees ordered by court and we see them running scared on A&E.
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Re: LLC
pay fees ordered by court links to:
http://www.techdirt.com/articles/20110927/22251216119/righthaven-desperately-trying-to-avoid-pa ying-legal-fees.shtml
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Re: LLC
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Re: Re: LLC
http://en.wikipedia.org/wiki/Limited_liability_company
http://www.irs.gov/businesses/sm all/article/0,,id=98277,00.html
I even googled Limited Liability Corporation and all the links were pointing to Limited Liability Company.
However, your comment pointed me to the similarities between the two, so I'm sure it could be overlooked and then treated as a Corporation anyway.
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If they do not show up again someone may want to check to make sure Steve and "Drizzle" Gibson have not skipped town or the country.
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FUDBuster
Do you still feel that your prior (http://www.techdirt.com/articles/20110423/01033814013/another-judge-slams-righthaven-chilling-effec ts-that-do-nothing-to-advance-copyright-acts-purpose.shtml) interpretation of the law is the valid one in light of the fact that federal judges disagree with you?
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Re: FUDBuster
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Re: FUDBuster
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Re: FUDBuster
Pretty sure that FUDBuster = average_joe
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Re: Re: FUDBuster
He was proud as a peacock at his new word/acronym "fud."
Now he is a key Ctrl freak.
I don't think he goes to law school but rather lawn school. A daycare. Hence his mothers' (he calls her girlfriend or wife) choice of colour for the bathroom.
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Re: FUDBuster
I kinda figured FUDBuster was Steve Gibson. He seemed to know a lot more about what the Righthaven guys were thinking than the rest of us. Then again, he was always very articulate, punctual, and not at all crazy so it probably wasn't Gibson after all.
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Chilling thought
Righthaven with the power of SOPA.....
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It's not incompetence
This is like watching a dance between the White House and Congress. From the outside it's bewildering. From the inside it's a well orchestrated chess match.
Clearly RightHaven is not going to win, but at this point they are playing not to loose. So all they have left is their king. They'll be moving that sucker all over the board hoping for a stale-mate.
Maybe they would rather go to jail than hand over documents or pay monies. Don't be surprised to find documents "accidentally" destroyed.
-CF
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Re: It's not incompetence
That way its direct contempt of court if anything goes missing "accidentally".
It's possible for a judge to issue such an order retroactively btw to cover all records since this began.
BTW I now own the copyright/patent/other stupid IP method for "The Righthaven Show".
Its a sitcom about 3 lawyers who don't have a fucking clue what they're doing and they get into all sorts of hilarious shennanigans whilst being given "guidance" from the big boss above.....
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Re: Re: It's not incompetence
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Re: Re: It's not incompetence
Correct me I'm wrong anyone.
Comments AJ?
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Re: It's not incompetence
We do have a note here from our nephew Chip explaining why he had to replace all of our hard drives because of a power surge we had.
We think he may have set the date wrong on our computers too that's why we keep missing deadlines.
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Re: It's not incompetence
I don't think it's malicious, but I do think it's a case of Righthaven being in way over their head and not knowing what to do.
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Re: Re: It's not incompetence
I agree, to me these (in)actions come off as being palpably more indignant than malicious.
Can someone make a criminal complaint and have it fixed so they are tried as adults?
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Re: Re: Re: It's not incompetence
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Excuses
"To my judge.
This is Shawn's mom. Shawn can't come to court today because he has the flu. He mailed the paper he was supposed to send you, but I saw that the neighbors dog attacked the mailman and ate the homework, and now I'm too sick to do it again.
(sign)
My mom."
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Re: Excuses
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at this point
And the worst part? the fact the note turns out to be fake.....
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