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Verizon Steps In On Prenda Case; Says Brett Gibbs Never Informed Them Of Judge's Order Killing Subpoenas

Legal Issues

from the oops dept

Mon, Mar 11th 2013 12:20pm — Mike Masnick
As the minutes tick off until the Prenda hearing today, yet another bit of news has dropped in relation to the case. Verizon has stepped in and filed a declaration stating that contrary to Brett Gibbs' own claims to the court, it does not appear Gibbs informed Verizon not to follow through and identify the people in the subpoena that had originally been sent.

To understand what happened here, the key aspect to many Prenda cases is getting the identity of people associated with IP addresses, often by getting a court to grant discovery, after which Prenda's lawyers send subpoenas to ISPs with a list of IP addresses. As has happened a few times, courts readily grant the request for expedited discovery (which is rarely denied in normal court cases), but upon learning of Prenda's overall practices, they then pull back that permission and (usually) order the lawyers to immediately inform the ISPs that the order has been withdrawn and not to comply with the subpoena. Here, the same thing happened, and Prenda's Brett Gibbs told the court that he informed ISPs that the order had been withdrawn.

Just a little while ago, however, Verizon stepped in to the case, with a declaration saying they never received any notice of the withdrawal, and had, instead, complied with the subpoena, believing it was valid.
On or about September 6, 2012, Verizon received subpoenas from plaintiff AF Holdings in AF Holdings v. John Doe, C.D. Cal. Case No. 12-cv-6669 and AF Holdings v. John Doe, C.D. Cal. Case No. 12--cv--6636. ...Verizon processed these subpoenas in the ordinary course.

Based on Verizon's records, it does not appear that Verizon received from AF Holdings or its counsel a copy of the Court's Order Vacating Prior Early Discovery Order and Order to Show Cause dated October 19, 2012, nor does it appear that Verizon received other form of notice that the subpoenas attached as Exhibits A and had been withdrawn or were invalid. If Verizon had received such notice, we would not have processed these subpoenas for AF Holdings.

I have reviewed a declaration filed by Brett Gibbs in this litigation, dated February 19, 2013, in which Mr. Gibbs states:
Following receipt of the October 19,2012 Orders, I caused the Court's October 19, 2012 Orders to be served on the registered agents for service of process of Verizon Online ensure that Verizon Online LLC had notice not to respond to the subpoenas that had already been served.
(Gibbs Decl. dated Feb. 19, 2013...) Again, based on Verizon's records, this statement appears to be wrong.

Verizon released the information responsive to AF Holdings' subpoenas in the cases identified above (case nos. 12-cv-6669 and 12-cv-6636) by fax to the Prenda law firm on November 7, 2012. If Verizon had received notice of the Court's Order dated October 19, 2012, we would not have released these records to Plaintiff.
Having Verizon come out and more or less directly state that Gibbs lied to the court isn't going to go over well when it appears that Judge Wright is already not happy with Gibbs or his buddies at Prenda...
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Filed Under: brett gibbs, otis wright, subpoenas, withdrawal
Companies: prenda, prenda law, verizon

66 Comments

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  • identicon
    Anonymous Coward, 11 Mar 2013 @ 12:23pm

    This is like watching a train wreck.

    Can't. Look. Away.

    [ link to this | view in chronology ]

  • icon
    Trails (profile), 11 Mar 2013 @ 12:25pm

    Implosion

    Implosion just doesn't describe the gravity. Kersplosion? Assplosion?

    [ link to this | view in chronology ]

    • icon
      Nicholas Weaver (profile), 11 Mar 2013 @ 12:36pm

      Re: Implosion

      Remember, a Supernova is an implosion

      [ link to this | view in chronology ]

      • icon
        ltlw0lf (profile), 11 Mar 2013 @ 2:18pm

        Re: Re: Implosion

        Remember, Supernovae start with an implosion.

        FTFY, though, the manner of implosion depends on the type of Supernova, as Type IA supernovae actually start when the white dwarf tries to start back up with carbon-oxygen fusion producing more energy than the star can handle, causing a very large explosion as a result, but no initial implosion. The only way a white dwarf supernova could involve an implosion is if it merged with a star, which would cause a standard Type II Supernova.

        [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 12:32pm

    That's gold, Jerry! Gold!

    [ link to this | view in chronology ]

  • icon
    WDS (profile), 11 Mar 2013 @ 12:37pm

    Caused to be Served

    The term that Gibbs uses implies that he did not send the notice himself but instructed someone else to do it. Of course the term also implies they followed his instruction. It will be interesting to watch the finger pointing when the questioning about the Verizon declaration comes up.

    [ link to this | view in chronology ]

    • icon
      That Anonymous Coward (profile), 11 Mar 2013 @ 12:42pm

      Re: Caused to be Served

      This is why the paralegal (or whatever her title is) has been summoned to court as well.

      [ link to this | view in chronology ]

      • icon
        WDS (profile), 11 Mar 2013 @ 12:45pm

        Re: Re: Caused to be Served

        I thought she was called because she continued to call the ISP demanding compliance after the notice was supposedly sent. I fear Prenda has her picked as the sacrificial lamb for this.

        [ link to this | view in chronology ]

        • icon
          That Anonymous Coward (profile), 11 Mar 2013 @ 12:50pm

          Re: Re: Re: Caused to be Served

          IIRC she was tasked with passing the courts ruling on and just hadn't checked her email in time or something and he never followed up to see if she had done it.

          [ link to this | view in chronology ]

          • identicon
            Anonymous Coward, 11 Mar 2013 @ 12:58pm

            Re: Re: Re: Re: Caused to be Served

            It shouldn't matter though. He was the one given the order. He was responsible for making sure it was carried out. Even if he can claim he told someone to do it and it wasn't done, it's still on him.

            [ link to this | view in chronology ]

            • identicon
              Anonymous Coward, 11 Mar 2013 @ 2:33pm

              Re: Re: Re: Re: Re: Caused to be Served

              Agreed, when a court orders a lawyer in the court to do something, passing the buck gets you a contempt of court charge, and possibly disbarred.

              [ link to this | view in chronology ]

            • identicon
              Anonymous Coward, 11 Mar 2013 @ 2:33pm

              Re: Re: Re: Re: Re: Caused to be Served

              Agreed, when a court orders a lawyer in the court to do something, passing the buck gets you a contempt of court charge, and possibly disbarred.

              [ link to this | view in chronology ]

    • icon
      WDS (profile), 11 Mar 2013 @ 12:43pm

      Re: Caused to be Served

      Commenting on my own comment, sorry.

      Of course this begs the question, when already in hot water with a judge, would he not confirm that the notice had in fact been sent before putting it in a declaration some 4 months later.

      [ link to this | view in chronology ]

      • identicon
        Anonymous Coward, 11 Mar 2013 @ 12:55pm

        Re: Re: Caused to be Served

        At that time, I suspect they still didn't really take the whole thing seriously. This has really heated up in the last few months.

        [ link to this | view in chronology ]

      • icon
        Falindraun (profile), 12 Mar 2013 @ 7:51am

        Re: Re: Caused to be Served

        not if they really wanted the suspected end users info from the isp so that that prenda could sue them for something else later after finding out weather or not the end user actually had money to sue for.

        [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Mar 2013 @ 1:20pm

      Re: Caused to be Served

      Clearly it was Alan's (Mooney or Cooper)responsibility to take care of this. They are so irresponsible, they did not even show up in court today.

      [ link to this | view in chronology ]

    • identicon
      Lord Binky, 11 Mar 2013 @ 1:45pm

      Re: Caused to be Served

      Doesn't matter who he points his finger at after he said 'ensure' which is saying he guaranteed the court it happened, regardless of how he arranged it.

      [ link to this | view in chronology ]

    • icon
      Jollygreengiant (profile), 11 Mar 2013 @ 1:49pm

      Re: Caused to be Served

      You fool! Isn't it obvious he asked Alan Cooper to do this?

      [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Mar 2013 @ 1:59pm

      Re: Caused to be Served

      And did not notice when the Information arrived!

      [ link to this | view in chronology ]

  • icon
    Jay (profile), 11 Mar 2013 @ 12:38pm

    It's incredible. No matter how bad the world is making me feel, this Prenda stuff manages to cheer me up to no end.

    [ link to this | view in chronology ]

  • icon
    That Anonymous Coward (profile), 11 Mar 2013 @ 12:38pm

    *whistles a happy little tune*

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 12:39pm

    I'm not going to get anything done at work today. I'm laughing too hard and can't refresh Techdirt, Popehat, DieTrollDie, or FightCopyrightTrolls fast enough. Is anyone going to provide real time updates to the hearing?

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 12:41pm

    Mofo law

    Verizon's attorney's website is mofo.com. For some reason, that made me laugh.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Mar 2013 @ 1:41pm

      Re: Mofo law

      If you know anything about the nasty crap (legal and otherwise) that Verizon pulls in the telco industry, being represented by a law firm who's domain is mofo.com is BEYOND IRONIC.

      [ link to this | view in chronology ]

  • identicon
    ralph, 11 Mar 2013 @ 12:58pm

    Good grief. What does it take for the courts to come down on these guys?

    Having a couple of joints on you will land you in a lot of trouble quickly and yet Prenda is still skating after having thumbed its nose at the court many, many times.

    This seems lopsided. I know...this is civil court, so maybe we need some reform. Because right now it seems a little too civil.

    [ link to this | view in chronology ]

    • icon
      GMacGuffin (profile), 11 Mar 2013 @ 12:59pm

      Re:

      "Because right now it seems a little too civil."

      It ain't 1:30 yet...

      [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Mar 2013 @ 1:18pm

      Re:

      Oh I think the judge was just waiting for them to add enough weight to the piano before he dropped it on their heads and ensure that the slapdown is one of epic proportions.

      [ link to this | view in chronology ]

  • icon
    special-interesting (profile), 11 Mar 2013 @ 12:59pm

    Most of what has transpired (with some Cooper exceptions) so far has been like typical of a classic copyright troll (funny shell firms, preposterous claims, preying on controversial content) of which I hope the judicial community is paying attention to but...

    These guys are special. Outright, absolutely, waaaay out there in the legal twilight zone.

    [ link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    out_of_the_blue, 11 Mar 2013 @ 1:05pm

    Somebody compile all Mike's posts into a book!

    C'mon, Mike. You're starting to make ME look scintillating in comparison. When did this turn into a LAWYER BLOG? -- Not even a LAW blog, just about lawyers and their chicanery. We all know how unpleasant they are, and like bugs mating, I just don't want to see it.




    Take a loopy tour of Techdirt.com! You always end up at same place!
    http://techdirt.com/
    Prenda Law! A staple in the "At The Bench" series. Mike sez (short version): "Wow. Wow. Wow. ... The story is gripping."
    http://www.techdirt.com/articles/20130303/23353022182/prenda-law-sues-critics-defamation .shtml

    [ link to this | view in chronology ]

    • icon
      Nigel (profile), 11 Mar 2013 @ 1:09pm

      Re: Somebody compile all Mike's posts into a book!

      Hey, that is actually a great idea fuckwit. He can relegate a chapter to you and your grossly misinformed industry bullshit.

      Nigel

      [ link to this | view in chronology ]

      • identicon
        n_mailer, 11 Mar 2013 @ 7:55pm

        Re: Re: Somebody compile all Mike's posts into a book!

        One thing for sure ... you will never see a book compiling the babbling rage-filled nonsense posts of "flagged as spam." I won't even read them on here. Once bitten twice shy.

        [ link to this | view in chronology ]

    • identicon
      Mr. Applegate, 11 Mar 2013 @ 1:31pm

      Re: Somebody compile all Mike's posts into a book!

      Oddly, people tend to see exactly what they look for.

      So I think you must secretly want to watch bugs mate...

      [ link to this | view in chronology ]

    • icon
      DannyB (profile), 11 Mar 2013 @ 1:34pm

      Re: Somebody compile all Mike's posts into a book!

      Judge Wright could sentence Gibbs to compile all of Out Of The Blue's postings into a book. Justice served.

      The resulting work could then be used by the DOJ as an enhanced interrogation technique for jaywalkers.

      [ link to this | view in chronology ]

      • icon
        special-interesting (profile), 11 Mar 2013 @ 2:05pm

        Re: Re: Somebody compile all Mike's posts into a book!

        I would like to see a book report or essay on the TechDirt posts graded like Drug Court judges do when evaluating if the defendant was just wheedling or actually understood (learned is too much) that the behavior was frowned upon.

        The difference between crocodile tears and, at least, feigning complicity.

        Singing Amazing Grace would not really help as John Newton, the author 1748, continued his slave trading for six years after he wrote the lyrics.

        [ link to this | view in chronology ]

      • identicon
        Milton Freewater, 11 Mar 2013 @ 8:02pm

        Re: Re: Somebody compile all Mike's posts into a book!

        "The resulting work could then be used by the DOJ as an enhanced interrogation technique for jaywalkers."

        Or better yet, on interrogating people who do things that might eventually be found illegal. You've heard of investigating precrime ... OOTB is into obeying the prelaw.

        [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Mar 2013 @ 5:54pm

      Re: Somebody compile all Mike's posts into a book!

      Aren't you always the one ranting about "the law is the law" and anyone who breaks it needs to have several books thrown at them?

      You're just mad that this time your copyright heroes are under the magnifying glass. Keep squirming, you spineless little shitstain.

      [ link to this | view in chronology ]

      • identicon
        Milton Freewater, 11 Mar 2013 @ 7:59pm

        Re: Re: Somebody compile all Mike's posts into a book!

        "Aren't you always the one ranting about "the law is the law""

        He only means that in theory. In practice, he is unfamiliar with the law and makes up stuff about it at every opportunity.

        His idea of a law is a bully saying "give me your lunch money or you will be punished."

        [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 12 Mar 2013 @ 7:38am

      Re: Somebody compile all Mike's posts into a book!

      "...and like bugs mating, I just don't want to see it."

      Then go away, boy.
      You irk me.

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 1:10pm

    emails in the court docs

    does anyone notice that the email domains in the court docs are @mofo.com?

    [ link to this | view in chronology ]

  • icon
    DannyB (profile), 11 Mar 2013 @ 1:11pm

    Out of the blue just hates it when copyright trolls get the justice they deserve.

    [ link to this | view in chronology ]

  • icon
    WDS (profile), 11 Mar 2013 @ 1:26pm

    5 minutes and counting

    [ link to this | view in chronology ]

    • icon
      DannyB (profile), 11 Mar 2013 @ 1:31pm

      Re: 5 minutes and counting

      Anticipation . . .

      . . . oh the waiting . . .

      . . .

      . . .

      . . . remember limerick I wrote in 2011 . . .

      A problem I had to unfurl
      My stomach it started to curl
      A bad referenced array
      I found to my dismay
      I’m just glad it’s not written in C++

      [ link to this | view in chronology ]

  • icon
    WDS (profile), 11 Mar 2013 @ 1:26pm

    5 minutes and counting

    [ link to this | view in chronology ]

  • icon
    Brent (profile), 11 Mar 2013 @ 1:39pm

    Now that Verizon is throwing Prenda under the bus, i'm suspicious of the underlying story of this case.

    [ link to this | view in chronology ]

  • icon
    Chris-Mouse (profile), 11 Mar 2013 @ 1:43pm

    Am I the only one...

    who reads that headline as "Verizon Steps On Prenda Case..."

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 2:57pm

    This is an awesome trainwreck.

    [ link to this | view in chronology ]

  • icon
    That Anonymous Coward (profile), 11 Mar 2013 @ 3:18pm

    First report from inside...

    https://twitter.com/goodreverend/status/311235414176460803
    https://twitter.com/goodrev erend/status/311235699326210048
    https://twitter.com/goodreverend/status/311235947838713856
    https:/ /twitter.com/goodreverend/status/311236270263238660
    https://twitter.com/goodreverend/status/3112365 75092674561
    https://twitter.com/goodreverend/status/311236758878699521

    The Real Alan Cooper showed up, Steele, Duffy, others available by phone... they will be flying blind having missed all of the testimony that went before they were called.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 11 Mar 2013 @ 3:33pm

      Re:

      Do you think he meant "the Real Alan Cooper" as in Alan Cooper, the caretaker, or did Gibbs actually find someone named Alan Cooper to show up?

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 4:16pm

    You gotta love Prenda. They should get their own show; it would be huge. Kind of like a clown in the circus... getting chased by a lion, Benny Hill style.

    [ link to this | view in chronology ]

  • icon
    Ninja (profile), 11 Mar 2013 @ 4:55pm

    Now that's a big plot twist!

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 11 Mar 2013 @ 6:05pm

    So crumbles the heroes of bob; the glorious enforcers of copyright.

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 12 Mar 2013 @ 12:58am

    It's very telling when in order to enforce your rights, you have to break the law to enforce them.

    As I told one whining troll, if your rights include you suing dead grandmothers for $150,000 per alleged claim, you don't deserve those rights.

    [ link to this | view in chronology ]


Revenge Porn Magnate Gets Hit With $250,000 Defamation Claim
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