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Prenda Law Fails In Attempt To Remove Judge Who Wants To Know Who Alan Cooper Is

from the i-think-the-courts-are-on-to-prenda... dept

Thu, Jan 17th 2013 3:32pm — Mike Masnick

Remember Brett Gibbs? The California-based lawyer, who is handling a bunch of Prenda Law cases, has been trying to avoid the inevitable in some cases in California. As you may recall, Prenda Law was formed, in part, by copyright troll John Steele. Recently, Prenda has been involved in a number of very fishy cases, including representing firms "AF Holdings" and "Ingenuity 13", which some have accused of being mere shells for Prenda or associated lawyers. Things got strange when a guy named Alan Cooper, who works as a caretaker for some John Steele properties in Minnesota, sought to intervene in some AF Holdings cases, after he realized that "Alan Cooper" was the name listed as CEO of AF Holdings and Ingenuity 13, and he feared that Steele had misused his identity.

A lawyer in California, Morgan Pietz, representing some of the defendants sued by Gibbs/Prenda, had brought Alan Cooper's claims to the attention of the judge in California, and sought to have Gibbs explain if the Alan Cooper listed as CEO of Ingenuity 13 was the same house caretaker complaining that he thought his name was being used without his permission. If, in fact, it was a different Alan Cooper, the simple response would be to show that there's another Alan Cooper and that person really is in charge of these companies. Instead, Gibbs threw something of a hissy fit, refusing to answer such a basic question.

Pietz then asked the court to compel Gibbs to answer some specific questions about the "Alan Cooper" named as CEO, as well as about Ingenuity 13 and AF Holdings. The court agreed and gave Gibbs a short deadline. Rather than doing his homework, Gibbs threw another temper tantrum and made a motion to get rid of the judge, Otis Wright, making a bizarre and silly argument that the judge somehow hated copyright holders.

The court has reviewed Gibbs' request... and rejected it soundly, pointing out that there is no good reason to remove Judge Wright from the case, and that contrary to Gibbs' claims, there appeared to be no bias against him, his clients or copyright law.

Plaintiff's Motion for Disqualification is without merit. Plaintiff alleges no facts to suggest that Judge Wright is biased or prejudiced against it.

Plaintiff's argument boils down its disagreement with the merits of Judge Wright's discovery orders. This is not a cognizable basis for disqualification.

Furthermore, the court notes that it would appear that a much more logical explanation for Judge Wright's orders is not bias against copyright or porn copyright holders, as Gibbs had claimed, but rather "the potential for discovery abuse." In other words, not only does Judge Wright understand what Gibbs appears to be up to, but others at the court have quickly seen through his attack as well. So, the remaining question is what will Gibbs do next: will he actually answer the questions, or find another reason to throw a temper tantrum?

120562298 Prenda Motion for Write S Disqualification Is Denied (PDF)120562298 Prenda Motion for Write S Disqualification Is Denied (Text)

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Filed Under: alan cooper, brett gibbs, copyright troll, john steele, morgan pietz, otis wright
Companies: ingenuity 13, prenda, prenda law

46 Comments

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Anonymous Coward, 17 Jan 2013 @ 3:42pm

Gibbs next move
Gibbs:"Hey, look over there" (Gibbs runs opposite direction)
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dennis deems (profile), 17 Jan 2013 @ 3:49pm

delicious
Against all conceivable odds, it just keeps getting better.
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S. T. Stone, 17 Jan 2013 @ 3:49pm

Hmm. We need a catchy phrase containing �Prenda� for this sort of behavior.
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Anonymous Coward, 17 Jan 2013 @ 4:06pm

The sad part is that all these con-artists will get a slap in the wrist for doing what they did, while others would have been sentenced to 10+ forced labor in Texas.
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Internet Zen Master (profile), 17 Jan 2013 @ 4:06pm

Poor Brett Gibbs...
For some reason I have an urge to Gibbs-slap (a la NCIS) the idiot at Prenda who thought it was a good idea for Brett Gibbs to try and get the honorable Judge Wright removed after Gibbs threw, as Mr. Masnick put it so eloquently, a hissy fit.

This circus of a trial hasn't reached the point yet (emphasis on the yet) where I want to outright bitchslap Brett Gibbs. The guy's at least trying to look like he's got an actual case (unlike what happened with that farce over in Florida).

This whole Prenda Law debacle is like a train-wreck. You want to look away, but it's just so fascinating to watch everything come apart.

Will Prenda Law continue its current deathspiral toward Righthaven-level infamy?

As the Zen Master says, "We'll see."
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Gwiz (profile), 17 Jan 2013 @ 4:14pm

So, the remaining question is what will Gibbs do next: will he actually answer the questions, or find another reason to throw a temper tantrum.

I think the Vegas oddsmakers are placing the line at 10 to 1 in favor of the latter.
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Starke (profile), 17 Jan 2013 @ 4:18pm

What did John Steele do originally to rise to infamy? Other than being really bad at being a lawyer, I mean.
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Anonymous Coward, 17 Jan 2013 @ 4:24pm

So, the remaining question is what will Gibbs do next: will he actually answer the questions, or find another reason to throw a temper tantrum.

The guy's got a huge, fragile ego. I be he'd actually convinced himself that the judge really was out to get him, and that he wouldn't have to answer those ruinous questions once his friends found out how mean everyone was being to him. Now his castle in the sky isn't just shaking, it's about to crash-land. The whole world IS watching him, everyone IS going to find out what he's been up to, and he knows it.

He's going to snap. The question is, what happens then? He could try to skip the country. He might try to kill himself, or attempt murder-suicide. He might just get drunk. Who knows? You can't predict what someone'll do when they get backed into a corner like that.
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MahaliaShere (profile), 17 Jan 2013 @ 4:27pm

Pretenda
Keep Calm and Pretend At Law!
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Anonymous Coward, 17 Jan 2013 @ 4:53pm

This is the sort of behaviour that the usual trolls are defending? Really?

I'm glad to note that out of the asscrack hasn't crawled out of his asscrack for some time now...
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theanon (profile), 17 Jan 2013 @ 4:55pm

what was the deadline for that discovery again?
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Another AC, 17 Jan 2013 @ 4:55pm

Re:
I humbly submit 'PrendaBoned'.

"That guy can't possibly dig a deeper grave for himself, he's PrendaBoned."
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The Mighty Buzzard (profile), 17 Jan 2013 @ 5:02pm

Re:
Just going off of his name, I'd guess either porn actor or pulp fiction author.
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Anonymous Coward, 17 Jan 2013 @ 5:09pm

...and here I was stupid enough to think a bag of popcorn would cover this entertainment.

I'll have to go order a wheelbarrow full and hope it is enough.

About the time you think it can't get more idiotic, a new surprise comes in showing you how wrong you can be.
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apauld (profile), 17 Jan 2013 @ 5:09pm

So how long will this go on?
Can the judge just throw Gibbs in jail now? At least until he produces an Alan Cooper dumb enough to be involved with a lawyers like Gibbs....
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Anonymous Coward, 17 Jan 2013 @ 5:18pm

Re:
Theaters are looking for ways to increase their revenue; this begs to be on the big screen. Perfect match! Popcorn anyone?
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Anonymous Coward, 17 Jan 2013 @ 5:22pm

Prendized

Prendised
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Gwiz (profile), 17 Jan 2013 @ 5:38pm

Re: Pretenda
Well played.

+5 funny votes to you.
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Oh THAT Brian, 17 Jan 2013 @ 5:46pm

A suggestion on how to end it quickly.
What if Alan Cooper's lawyer asks to approach the bar and suggests to the judge that Alan Cooper (the one that was the caretaker for John Steele's properties) pleads to the court that if the judge will stipulate that since no other Alan Cooper is coming forward, he MUST be the CEO of the companies.

Then, Alan Cooper also pleads that he will forthwith drop all lawsuits and promises the court that he will never pursue another one, insofar as the court will guaranteed that he will never be prosecuted for these misdeeds.

Oh the fun! Whoever actually IS the CEO would probably trip over themselves to come forward, crying all the time that they simply misunderstood what their awful lawyer was telling them. All the time, knowing that if they DON'T admit who they are, Alan Cooper will come out of everything being handed the CEO reins of two of their companies!

Either way, they're PrendaBoned!
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Jay (profile), 17 Jan 2013 @ 6:05pm

Coming soon
You laughed when Righthaven sued without the legal rights to site...

You cried when the gay porn holders sued millions...

Now be prepared this summer for the movie that will have you in stitches...

PRENDA II: HILARITY OF THE COURT

Starring John Steele as himself

Mark Twain as the mysterious Alan Poole

Special guest Morgan Freeman as the narrator

If you are a pirate, watch out! This lawyer hears all and knows enough to keep you begging for sequels.

Coming soon to all torrents everywhere.
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Anonymous Coward, 17 Jan 2013 @ 6:34pm

Re: Re: Pretenda
Keep Calm and Carreon Pretenda!
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Theoden, 17 Jan 2013 @ 6:40pm

Re: Catchy Phrase
IncomprePrendable behavior?
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Anonymous Coward, 17 Jan 2013 @ 7:07pm

Re:
Prendacious - an impudent lack of respect to the very person upon whom your hopes of staying out of jail depend
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Anonymous Coward, 17 Jan 2013 @ 7:12pm

Re:
Prendatory - behaviour intended to exploit or oppress others that's destined to Fail in an a very public manner to the amusement of everyone but the predator.
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Anonymous Coward, 17 Jan 2013 @ 7:13pm

Re: Re:
Dammit - prendator
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t3rminus (profile), 17 Jan 2013 @ 7:26pm

Re:
How about... um... a "Prenda Bender"
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sophisticatedjanedoe (profile), 17 Jan 2013 @ 7:38pm

As a bonus entertainment, check John Steele's Twitter feed: arrogance, narcissism and false sense of invincibility in one package.
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sophisticatedjanedoe (profile), 17 Jan 2013 @ 7:50pm

Re:
He can't commit suicide. He is getting married in a couple of months. Which pretty much explains his desperation.

Leaving the country is also not an answer. Prenda's former paralegal and "harassment officer" Mark Lutz left the country a month ago and initially stayed in a Cabo resort. Until recently... according to rumors, some time after New Year he was arrested, brought to Mexico City, held in a jail for a couple of days, and when released, found out that all his belongings are gone. Don't ask me why: I have no idea. I bet he is in US now.
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Karl (profile), 17 Jan 2013 @ 8:25pm

Re: Re:
this begs to be on the big screen

I would love it if someone did a documentary on Prenda, Righthaven, and the other copyright trolls. Think we could convince Nick Broomfield? It might turn out even stranger than "Aileen Wuornos: the Selling of a Serial Killer."
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G Thompson (profile), 17 Jan 2013 @ 8:39pm

Re: Coming soon
I nominate Samuel.L.Jackson to play Alan Cooper

Yeah m........f........'s
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G Thompson (profile), 17 Jan 2013 @ 8:45pm

Dear Mr Gibbs,

The pain you are currently feeling is caused by the court taking your head and slapping it into the bench over and over again and then you constantly trying to sooth that pain by constantly and with vigour shoving it back up your rectum from whence it came.

Respectfully, Your Proctologist
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That Anonymous Coward (profile), 17 Jan 2013 @ 10:07pm

Re: Pretenda
I demand my nickel!
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That Anonymous Coward (profile), 17 Jan 2013 @ 10:08pm

Re: A suggestion on how to end it quickly.
except caretaker Cooper doesn't have access to the numbered offshore accounts.
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Pixelation, 17 Jan 2013 @ 10:14pm

We'll need some Prednasone after all the inflammatory remarks.
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alanbleiweiss (profile), 17 Jan 2013 @ 11:43pm

Re: Gibbs next move
without looking, and as a result, runs right into another brick wall that comprises 1/4 the closet of stupidity he is in...
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alanbleiweiss (profile), 17 Jan 2013 @ 11:45pm

Re:
Prendalized. To be used by anyone they go after, or alternately, any judge hearing a case in which they are a party.
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alanbleiweiss (profile), 17 Jan 2013 @ 11:48pm

Re: Poor Brett Gibbs...
" You want to look away, but it's just so fascinating to watch everything come apart. "

Not for me. I don't see any carnage involving Gibbs, or Prenda. So to me it's just shear entertainment of the highest order.

Eventually, I HOPE there will be carnage involving Gibbs and Prenda. So I guess it's more like " a train wreck waiting to happen", and thus I'm salivating in anticipation of the moment it does.
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That Anonymous Coward (profile), 17 Jan 2013 @ 11:51pm

Re: Re:
I wonder if the lucky significant other, hey I dunno, knows that their beloved shakes down senior citizens for cash by claiming they are responsible for someone having downloaded scandalous porn titles.

Its your dream day... and your wedding outfit was paid for with tears and Social Security checks!
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Anonymous Coward, 17 Jan 2013 @ 11:59pm

Re:
Pretenda Law?
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Anonymous Coward, 18 Jan 2013 @ 12:17am

Re: Gibbs next move
I was thinking more an attempt to drop an ACME anvil on the judge's head.
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MahaliaShere (profile), 18 Jan 2013 @ 4:43am

Re: Re: Pretenda
Five pennies are in the mail.
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Vidiot (profile), 18 Jan 2013 @ 5:08am

Mystery to me
I just don't get it. If I, a mere civilian, stood before a judge and repeatedly declined to answer, much less postured and tap-danced, I'd be admitted to the hoosegow in the twinkling of an eye. At what point does this cross over into contempt?
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Anonymous Coward, 18 Jan 2013 @ 6:35am

Re: Mystery to me
You, unfortunately, are not a corporation. They now actually have more rights than ... you. Corporations aren't tossed into the hoosegow, people are.
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dennis deems (profile), 18 Jan 2013 @ 7:01am

Re: Re:
He can't commit suicide. He is getting married in a couple of months.
These two sentences together are something Steinbeck could have written.
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Anonymous Coward, 18 Jan 2013 @ 9:22am

Re: Re: A suggestion on how to end it quickly.
Well, he might get the court to compel Steel/Gibbs/Prenda to hand over access to those accounts. Wouldn't that be cool? :)
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Gazaro (profile), 18 Jan 2013 @ 11:07am

The public has paid for most of the research already ?
Don't forget most public research is 100% funded by the taxpayer and therefore should be available as of right. Even private research entities receive government grants.. why should taxpayers have to pay up front for a work to be undertaken and then told... "we're keeping it for us"... want to know what we found using your money... "Pay again". Really !
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