Judge Wright Orders Second Prenda Hearing, Tells Everyone They Better Actually Show Up This Time
from the encore! dept
This morning, Judge Otis Wright issued a new order in the big Prenda case, in which he's set up a new hearing, for March 29th, and made it quite clear that everyone associated with Prenda had better show up this time. He's rejected the motions from Team Prenda claiming that the court has no jurisdiction, saying that he's satisfied that he has specific jurisdiction over everyone involved based on the evidence from the hearing this week, "because of their pecuniary interest and active, albeit clandestine participation in these cases." Also, he's clearly not pleased about the claims that the court has no jurisdiction over Team Prenda:Not only does the Ex Parte Application lack merit, its eleventh-hour filing exemplifies gamesmanship. Accordingly, the Ex Parte Application is DENIED.Judge Wright again notes that there is evidence of sanctionable activity, as well as the possibility of fraud on the court, and he's ordering everyone involved to show up. The list has expanded somewhat. This is who is ordered to show up:
a) John Steele, of Steele Hansmeier PLLC, Prenda Law, Inc., and/or Livewire Holdings LLC;Obviously, it is likely that there is a fair bit of overlap between the main players behind many of these entities. I note that he's still asking Alan Cooper from AF Holdings to show up... but no longer demanding Alan Cooper, caretaker to show up. Basically, one last chance for Steele to prove that the "other" Alan Cooper really exists. I'm a bit surprised there's no request for Alan Mony/Monay too.
b) Paul Hansmeier, of Steele Hansmeier PLLC and/or Livewire Holdings LLC;
c) Paul Duffy, of Prenda Law, Inc.;
d) Angela Van Den Hemel, of Prenda Law, Inc.;
e) Mark Lutz, of Prenda Law, Inc., AF Holdings LLC and/or Ingenuity 13 LLC;
f) Alan Cooper, of AF Holdings LLC;
g) Peter Hansemeier, of 6881 Forensics, LLC;
h) Prenda Law, Inc.;
i) Livewire Holdings LLC;
j) Steele Hansmeier PLLC;
k) AF Holdings LLC;
l) Ingenuity 13 LLC; and
m) 6881 Forensics, LLC.
Judge Wright even tells the lawyers from the other side -- Morgan Pietz and Nicholas Ranallo -- that they don't have to show up, though they're welcome to "if so desired." In other words, they don't have to do any more to prove the claims that they were making. The judge knows what's going on.
In terms of what the hearing will cover:
These persons and entities are ORDERED to appear on March 29, 2013, at 10:30 a.m., TO SHOW CAUSE for the following:Furthermore, to prevent further gaming around claims of not having enough time to find out about this order, Judge Wright has ordered Brett Gibbs to serve everyone by tomorrow, and to file proof of service by Monday. Oh yeah, he also has to show up for the big hearing on the 29th.
1) Why they should not be sanctioned for their participation, direction, and execution of the acts described in the Court’s February 7, 2013 Order to Show Cause;
2) Why they should not be sanctioned for failing to notify the Court of all parties that have a financial interest in the outcome of litigation;
3) Why they should not be sanctioned for defrauding the Court by misrepresenting the nature and relationship of the individuals and entities in subparagraphs a–m above;
4) Why John Steele and Paul Hansmeier should not be sanctioned for failing to make a pro hac vice appearance before the Court, given their involvement as “senior attorneys” in the cases; and
5) Why the individuals in subparagraphs a–g above should not be sanctioned for contravening the Court’s March 5, 2013 Order (ECF No. 66) and failing to appear on March 11, 2013.
Oh, and should Team Prenda decide not to show up on the 29th? Sounds like it won't be a pretty picture:
Should the persons and entities in subparagraphs a–m above not appear on March 29, 2013, the Court is prepared to draw reasonable inferences concerning their conduct in the cases before the Court, including any inferences derived from their failure to appear. Failure to comply with this order will result in the imposition of sanctions.And I had just been running out of popcorn....
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Filed Under: alan cooper, brett gibbs, john steele, mark lutz, otis wright, paul hansmeier, popcorn, prenda, sanctions
Companies: prenda, prenda law
Reader Comments
The First Word
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Man...
Without strong IP laws, how WOULD the farmer who makes all our popcorn get paid?
I mean, with spectacles like this, who needs movies?
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Re: Man...
If it weren't for piracy, there would be no Prenda Law. Without Prenda Law, there would not be a worldwide spike in the consumption of popcorn.
Piracy saves the day again!
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It's the one where Hansmeier (under oath, note) states that Steele went into his office with an unsigned document and emerged a few minutes later with the document signed by 'Alan Cooper'.
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I believe Ken wanted to be implanted with a womb so that he could have the Judge's babies.
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Popcorn farmers become rich over unexpected windfall.
Prices on popcorn skyrocket due to shortages.
Stock involving popcorn sets market records.
Bleed over from shortages of popcorn, result in rapid increases in wheelbarrow prices.
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Someone who know how, what's the trend in the popcorn commodities market?
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When the dust of the case settles, there will have been an overproduction problem and supermarkets will end up reversing their increased purchase efforts.
Manufacturers will then, in turn, have to lay off thousands of workers as the popcorn bubble bursts.
Eventually, farmers will have no choice but to sell off the over-produced corn however they can, and take massive financial losses extending out into next year's crop.
Others impacted will include corn oil producers, cannola oil producers, cardboard manufacturers, cardboard recyclers, 3rd party contractor trucking companies, and a host of others.
In the end, the government will have to step in and tax LOLcats to compensate for the popcorn industry bail-out.
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March 29th Preview
"Did you-"
"FIF!"
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When your arguments are so hollow and without merit that you have to resort to essentially illegal/immoral activities that far exceed the perceived wrongs of so-called "pirates" you've lost the fight before it's even begun.
That's why the really hate the internet, because not only does it break their business model, but it allows people to see what one hand is doing while watching the other one. The days of sweeping things under the rug are long gone (at least until governments can find a way to break the internet).
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You mean like the DOJ?
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Aye, mate!
Aye, in this day and age, some scurrilous adventure like the 1980s "Iran-Contra" debacle would no longer be swept under ye metaphorical carpet, lad! Even if the scurvy dogs at the NY Times chose to sit on a story for years, like the shameful and unconstitutional NSA dragnet surveillance, any reporter with a well-cut jib could get the story out anyways! Arrrrr! Shiver me sides! WikiLeaks could still do that sort of thing!
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First, in this case it appears that the lawyers and the clients are the same people/entities.
Second, assuming that a genus is a certain way because a species of the genus is a certain way is logically flawed.
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At some point the shells appears and had copyrights transferred in from real companies, one was left to wonder if this was just a way to try and protect the original rightsholder from getting splashed with mud or if this was when they started outright purchasing the copyrights as investments.
As was described in the depo they look at copyrights as having huge value that has just bee drained by pirates, and they have invested into them and once they stop the piracy the copyrights will be full of money again. Because people like looking at porn stard who were hot 10 years ago. o_O
These actions are supported by broad over reaching laws that protect a business model, and these are the people who have taken it to the extreme. But it is totally allowed under the system demanded by the other cartels to protect their IP.
Or did you forget when the RIAA sued everyone and failed miserably. Its one thing to claim someone committed the sin of downloading Nickelback and owes millions with a straight face, its much easier to get a "settlement" when you accuse them of downloading 'Anal Adventures With Grandma Part 7'.
The evidence used by the current trolls is actually on par with that of 6 Strikes. Cloaked in mystery and claims to be able to prove someone with their name on the account is in fact the infringer.
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Second, "in this case" =/= "on numerous occasions."
Third, all that stuff about the RIAA and 6 strikes has no relevance to my post.
Fourth, YORE IN CORE ECKT!
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Alan Cooper: "I'm here, Your Honor!"
Judge Wright: "Wait a minute, you're just John Steele in Buddy Holly glasses!"
Cooper: "Up, up, and away!" (Crashes through window)
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Mike now has a legal anomaly to occupy him.
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
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Re: Mike now has a legal anomaly to occupy him.
Again, if you're so sick of these Prenda article, then Get The Fuck Out and don't let the door hit your humongous ass on the way out.
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Re: Mike now has a legal anomaly to occupy him.
That comment being written by someone who continuously has the condition where his over-sized stimulated adolescent brain needs a constant stream of new thrills and can never focus long enough to grasp complexities and whose stimulation occurs at the 'VERY' low level now that is priceless lol
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Hmmmm
This seems done to avoid them mounting a later appeal when any later Judge can see their unreasonable conduct now ruining their changes.
Well it would have been nice had they been virtually swinging from trees by now, with their companies forever destroyed, but Justice is never that fast or brutal.
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Re: Hmmmm
If they show up, they're screwed.
Don't show up, still screwed.
Either way it will be a good day.
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Re: Hmmmm
I don't expect that this "hanging judge", even if inflamed with righteous anger by the comic gyrations of dogs like Prenda Law, will do much to said dogs. Look at how much guff the Utah judges put up with from The SCO Group, no sanctions issued there. Look at how much bilge the USA's lackey DoJ got the 9th Circuit to ship in the NSA surveillance cases (http://www.wired.com/threatlevel/2007/08/nsa-hearing-ope/). The 9th Circuit dropped the whole sordid mess, despite prima facie unconstitutionality, mate! Punishment of lawyers is a simple farce, "high court" letting off the nobles, whilst grinding me and thou very finely between the wheels of so-called Justice! Arrr!
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Re: Re: Hmmmm
Maybe they should follow the UK example when since being a lawyer is already a shady profession then the Solicitors Disciplinary Tribunal exists to provide some self-regulation to avoid bad lawyers being a bad name to the profession.
Back on January 16, 2012 the SDT upheld 10 out of 12 charges of gross misconduct against former speculative invoicing troll Andrew Crossley of ACS:Law. He was banned working as a lawyer for 2 years and was ordered to pay Ł77,000 ($116,100) costs. He lost his home, his business, his wife, his car and more ending in his bankruptcy.
Maybe the United States has a few things to learn when indeed bad lawyers will be bad until you force them to be good through harsh punishments.
This is no simple not following the rules but deceiving the Count in many ways simply to shake down subscribers for cash if they were guilty or innocent.
Yes you do need to string them up with a sign around their necks reading "bad lawyers".
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That there is the one phrase that would turn any self respecting lawyer (or anyonea actually) white and quivering in the knees.
I said "self respecting"!!!
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Does that mean if they don't answer the phones an arrest warrant will be issued tuesday?
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This is what I heard reading that sentence
https://www.youtube.com/watch?v=F6ig04zWH0o
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I'd like to hope if I did help in some small way that I'll get to join the footnote club with you and DTD.
(if you playing the home game SJD and DTD have both been mentioned in footnotes in court rulings and I've been jealous of that trophy.)
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The opening scene of Monday Night Rehabilitation from Idiocracy just popped into my head.
http://www.youtube.com/watch?v=s-UjB94LyYY
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That last line -
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Disbarment? You softy.
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After all, he signed all these legal documents then just "vanished".....you can still prosecute for murder without a body right?
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=976478
Just like in Boulder Colorado, when John Ramsey did not go to jail instantly. If that had happened in poorer Denver neighborhoods, someone would have been charged that very day.
High Court for attorneys and other rich entities.
Low Court for commoners who deserved to be squashed anyway.
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Excuses
In their minds the scenario plays out with them living on a tropical isle reaping their just rewards with undereducated, submissive females (or other depending on preference) attending their every need.
Bubba, BTW, says hello, and that as your new cellmate for the evening he will be obliged to listen to all your complaints, first hand, and with all the energy one can muster.
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Re: Excuses
I think you're giving Steele and his pals too much credit. They're lawyers, not professional forgers. For the back trail documentation to stand up to muster would require much more time, effort and skill than they have.
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Are you sure they know that. Seems to me they are not playing the chess game out very many moves.
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What other falsehoods exist that might have been perpetrated? Without going into the list, there have been several, including IP=person to accost. It may be that forgery is merely a tool for more egregious offenses. Time will tell, but it can be fun to speculate.
Where's my gorp? Popcorn causes bloat!
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Re: Re: Re: Excuses
Caretaker = someone who takes care
They needed a patsy....who will take CARE of it....ah the CARE TAKER......
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WANT!!!!!
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Due to the high public interest in this case Judge Wright may approve a video camera recording. Anyone interested needs submit form MC-500/MC-510 at least 5 days prior the event where the Court Clerk will then inform the Judge that a request has been filed.
I would have loved to have seen Judge Wright in the recent Court hearing when the description alone sounds epic.
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If they fail to show, Judge Wright will effectively be throwing the book at Prenda Law by instituting sanctions, penalties and other less pleasant 'legal wranglings' which will effectively turn them impotent.
Judge Wright didn't even give them enough rope to hang themselves with. This order for the end of this month looks like Prenda Law's last chance.
This is better than the drama in those soap operas and far far better than the drama between the Democrats and Republicans in Congress. We're actually getting our money's worth here.
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It was kind of funny for a day or two, now the horse has been dead for so long that you're all ganging up together to beat on its skeleton.
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And the whole popcorn things is way nicer than many things I could say about them. But then they call that defamation.
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Shame on Judge Wright
How are people supposed to make travel arrangements without sufficient information.
Maybe Prenda Law can file an objection on that basis.
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Well actually its half a bed in a cell, and a naked 500pound trucker called Big Dave is on the other half....but its something.
And Steele won't be given much of a choice when he has to file his briefs...on the floor.
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So Salt Marsh does not have to appear?
What about Salt Marsh?
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The reason we Buccaneers are so happy about punishing Prenda Law is that Prenda Law appears to have tried to bend the entire legal system into a form of extortion - at worst simple blackmail, at best barratry.
Now, run along, don't let your mommy know you've been reading blogs like this.
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We like it when *actual* wrongdoers are busted, like the terrorists who refer to sharers as "piratical scumbags" and attempt to extort and STEAL from them.
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I really hope I'm reading that last bit correctly, as what it looks like to me is the judge telling them that if they don't show, he will assume that all the claims made against them in the various cases are true, and act accordingly.
Talk about incentive.
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Mmmmmm Nom Nom Nom
) (
( )
o@o@o@o@o
o@o@o@o@o@o
o@o@o@o@o@o@o@
|o@o@o@o@o@o@o@|o@
| | | | | |@o@ The most anticipated event of the year!
| | | | | |o@o Premieres March 29th 2013
| | POP | | |@o@
| |CORN | | |o@o@ Prenda Law vs Judge Wright
| | | | | o|@o@o@o
|___|___|___|__|o@|o@o@o@o@
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Re: Mmmmmm Nom Nom Nom
http://boingboing.net/2013/02/16/fan-restoration-of-bambi-me.html
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I predict several of the witnesses will plead the 5th or better yet pull a senile Regan stunt with repeated “I cant remember” statements. Of which am not sure that would help their defense. We are still at the discovery stage and these dudes seem to have a lot to hide.
Taking odds on whether or not all will show up? I think most will (except one of the likely forged Coopers and maybe one of the multiple Mooneys as well) be there. Lawyers in general are somewhat court savvy and know when presence is required or not.
There is NO way Judge Otis Wright is not serious and not showing up will get 3 times the pain. Recalcitrance (not showing up) at this stage would be bad as in please purchase your (metaphorical) coffin now the nails and hammers will be supplied by others. Warrants and or large daily fines will be issued this time.
Been said by others better but the reality of what will transpose on the 29th will surpass every bit of imagination we have now. A glory of human drama.
As I have stated before these activities seem like SOP for typical copyright law. The collective shivers sent down the spine's of many a media firms legal department should be rewarding in many ways if not only for better practice of law. At least they will be sitting up very straightly.
At the very least I expect the DOJ to be quietly performing a thorough and detailed analysis of the Prenda and associated firms business practices both relating to the current circus and past cases Prenda and associates handled. These people have shown obvious criminal behavior and as such their past work needs further scrutiny.
-sniffs butter-
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A Quote
"Litigation is unpleasant for everyone involved."
Quite.
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There won't be a request for alimony until the divorce papers are filed. Steeles' wife won't file unless she hears about his new cellmate, Ben Dover.
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They might be taunting the judge on Twitter, too...
I don't know what this is... some lame attempt to provoke the judge into doing anything that might disqualify him? Yet another case of stolen identity?
Whatever the case, I don't see them leaving the next hearing as free men, though there's a nontrivial chance that they will attempt to no show again. I am almost certain that will result in bench warrants being issued, but they've gone this far already.
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Re: They might be taunting the judge on Twitter, too...
He denied being @bittorrentbull once, and then we asked the porn star who was performing a scene infront of him if the picture matched and she said yes.
He thinks if he deletes a tweet it never happened, never heard of screenshots I guess.
They are going to try everything they can to find any reason to escape Judge Wright and get moved to someone who hasn't seen past the smoke and mirrors yet. I think they will have a sad.
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I've noticed...
I wonder why. It's certainly "notable."
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I would have issued bench warrants and let them rot in jail for the next 15 days or so.
The way it is now, they will have all the money moved out of the states (I doubt much was here anyway).
They may in fact leave the country, and try to continue their ventures from afar.
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Hard Drive Productions, Inc.
http://torrentlawyer.wordpress.com/2012/12/23/hard-drive-productions-dc-case-dismissed/
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Cameras in Court
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