Alan Cooper Sues John Steele, Prenda Law And The Shell Companies He Supposedly 'Runs'

from the other-shoe-drops dept

Well, well. It was really only a matter of time, but the Alan Cooper saga has moved into its next phase. If you don't recall, this story all starts with John Steele, who had been a divorce lawyer until he discovered copyright trolling, and suddenly went absolutely crazy filing copyright trolling lawsuits with the sole purpose of trying to scare people into paying up (of which he got a huge cut) rather than actually taking people through the judicial process. As a bunch of his lawsuits start flopping (even as enough uninformed people coughed up lots of money to Steele), he began shifting strategies. He claimed to have shut down his law firm, only to pop up again in Florida with Prenda Law doing the same thing (and ran into some troubles for not being licensed to practice law there). Late last year, it appeared that Steele hit on a new strategy of using shell companies to try a whole bunch of tricks and loopholes for getting around the reason his cases kept getting thrown out. There were suspicions that the shell companies, going by names like AF Holdings, Ingenuity 13 and Guava, were nothing more than Steele and/or his partners, but there was little evidence at the time. That's quickly changing.

Back in December, a guy named Alan Cooper, who had been hired by Steele to be the caretaker of some of Steele's property in Minnesota, intervened in a few AF Holdings and Ingenuity 13 cases to point out that it had come to his attention that both companies were claiming that a guy named Alan Cooper was managing those companies, and he had reasons to believe that Steele had simply used his name. While a few courts ignored the letters, some judges have started asking questions, and no one associated with Prenda seems to want to answer the simple question: which Alan Cooper runs those companies?

Apparently Prenda's silence on the matter has been enough for caretaker Cooper (and his lawyer) and they've now sued Prenda, John Steele, AF Holdings and Ingenuity 13, directly claiming that Steele is in charge of all of those and forged Cooper's signature. In fact, in the exhibits, Cooper presents the caretaking agreement he did sign with Steele, and then suggests that documents showing a signature for Alan Cooper regarding AF Holdings or Ingenuity 13 are really attempts to forge the same signature in that caretaking document. Cooper is charging Steele and Prenda with invasion of privacy (via appropriation), deceptive trade practices and civil conspiracy, as well as arguing that the corporate veil should be pierced for all three companies, as they're nothing more than shells for Steele to hide behind.

Of course, if this keeps up, Steele may be facing a lot worse than civil charges. Forging someone's name and lying to the court aren't things that tend to go over well in criminal cases.

Filed Under: alan cooper, john steele
Companies: af holdings, ingenuity 13, prenda, prenda law

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

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?

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

Prenda Law Tries The 'I Know You Are, But What Am I' Legal Strategy

from the legal-childishness-at-work dept

Ah, Prenda Law. As you may recall, there's been an ongoing fight over some Prenda cases in California, with the key players being Prenda lawayer Brett Gibbs, lawyer for some John Doe defendants Morgan Pietz, and judge Otis Wright. Oh yeah, and the possibly mysterious Alan Cooper, who may or may not be Prenda mastermind John Steele's property caretaker. As you may recall, the caretaker Cooper had a lawyer file some documents in some Prenda cases involving shell companies AF Holdings and Ingenuity 13, suggesting that he was worried that Steele had faked his identity and claimed that Cooper was the CEO of those two companies, when they were really controlled by Steele.

While Cooper's claims were not made by him in the California cases, Pietz brought them up in those cases, leading to a series of hissy fits from Gibbs. At first he refused to answer a simple question about who Alan Cooper really is, and then when ordered to do so by Judge Wright, asked that Wright be removed from the case for bias. If you thought that was the end of things, you don't know Prenda Law, apparently. The latest filing from Gibbs takes legal childishness to altogether new levels, more or less trying to flip things around and claim that it's really Pietz who is making up people who he represents. I'm not joking.

Thus far, Attorney Morgan Pietz has submitted filings in approximately twenty cases in the Central District on the basis of the fact that he represents the putative John Doe in this case. However, Mr. Pietz has not offered a single shred of evidence to support this assertion. As it stands, Mr. Pietz could very well be intervening in all of these cases for his own ends, with no real client that he is defending. If Mr. Pietz wishes to contest the plain, unambiguous evidence of bias that Plaintiff has demonstrated in its Motion for Disqualification, then Mr. Pietz should have to submit evidence that he is, in fact, representing the actual individual he claims to represent, and not merely inserting himself into cases on the pretense of representing that individual.

Every time we see another story about Prenda law, it seems to involve someone associated with the firm doing something incredibly unprofessional and childish, in a manner suggesting they think they're a hell of a lot smarter than everyone else and are actually pulling something over on the world -- when the reality is that all of their moves seem ridiculously transparent.

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

Prenda Lawyer Claims Judge 'Abhors' Copyright Holders After Judge Becomes Curious About Who Alan Cooper Really Is

from the discovery dept

We've been covering the bizarre situation surrounding some of copyright troll Prenda Law's cases that involve two companies -- AF Holdings and Ingenuity 13 -- where a mysterious person named "Alan Cooper" was listed as CEO. That, alone, isn't so mysterious. But what made it odd was that a guy who took care of one of John Steele's homes reached out to some of the courts hearing cases involving those two companies to note that his name is Alan Cooper, and he had reason to believe that Prenda had used his name illegally as the pretend CEO of these companies. A lawyer in California fighting some of these Prenda / Ingenuity 13 cases, Morgan Pietz, called this to the attention of the court. In response, Prenda's California lawyer, Brett Gibbs, threw a bit of a hissy fit in which he refused to answer some simple questions concerning who actually runs Ingenuity 13, and who "Alan Cooper" really is. Gibbs then sought sanctions against Pietz, which were quickly rejected (pdf) by Judge Otis Wright.

Pietz then asked the court to basically put the case on hold and to order Gibbs / Prenda to respond to his questions concerning AF Holdings and Ingenuity 13:

This motion is made on the ground that "good cause" exists to authorize the limited discovery requested, per Rule 26(d)(1), because, very recently, deeply troubling factual allegations have been made which suggest the plaintiff is engaged in a widespread and systemic fraud on the Courts affecting thousands of ISP subscribers. Specifically, very troubling questions have been raised as to whether Prenda Law, Inc., has misappropriated the identity of one Mr. Alan Cooper of Minnesota, holding him out in federal court filings as the principal of plaintiff Ingenuity 13, a shell entity organized in St. Kitts and Nevis, without Mr. Cooper's knowledge or consent. For weeks, undersigned counsel, and others, have sought answers from Prenda Law, Inc. and its clients AF Holdings, LLC and Ingenuity 13, LLC, to try and put these concerns to rest. None of the answers proffered to date have been at all reassuring; to the extent Prenda has engaged on the issue at all, the only answers provided have been evasive to a degree that is almost comical.

The filing goes on to point out that Prenda could have avoided all of this by simply producing the Alan Cooper in question and showing that it's not John Steele's housekeeper.

If Prenda Law would simply identify the "Alan Cooper" who it claims is the true principal of Ingenuity 13, LLC and AF Holdings, LLC, or even confirm that such a person actually exists (notwithstanding the allegations of Alan Cooper of Minnesota), this ex parte application would not be necessary. Essentially, whether or not there is another Alan Cooper is the million-dollar question. However, Prenda Law has explicitly stated that it will not address any of the troubling factual circumstances raised by Mr. Cooper, or answer any questions on this topic, unless it is compelled to do so.

Courts don't often grant this kind of thing... but this time it did. Right after Christmas the judge granted the order in full, meaning that Gibbs and Prenda are now required to answer the following questions:

1. Other than the Alan Cooper of Minnesota who is represented by attorney Paul Godfread, is there another Alan Cooper who is currently the principal of Ingenuity 13, LLC — yes or no?
2. If the answer to the first interrogatory is yes, state all contact information for this Alan Cooper, including current home address, business address, and telephone number.
3. Other than the Alan Cooper of Minnesota who is represented by attorney Paul Godfread, was there ever another Alan Cooper who was, in the past, the principal of Ingenuity 13, LLC — yes or no?
4. If the answer to the third interrogatory is yes, state all contact information for this Alan Cooper, including all known home addresses, business addresses, and telephone numbers.
5. Other than the Alan Cooper of Minnesota who is represented by attorney Paul Godfread, is there another Alan Cooper who is currently the principal of AF Holdings, LLC — yes or no?
6. If the answer to the fifth interrogatory is yes, state all contact information for this Alan Cooper, including current home address, business address, and telephone number.
7. Other than the Alan Cooper of Minnesota who is represented by attorney Paul Godfread, was there ever another Alan Cooper who was, in the past, the principal of AF Holdings, LLC — yes or no?
8. If the answer to the seventh interrogatory is yes, state all contact information for this Alan Cooper, including all known home addresses, business addresses, and telephone numbers.
9. If the answer to the third interrogatory is yes, state each position this Alan Cooper held at Ingenuity 13, LLC and the dates such position was held.
10. If the answer to the seventh interrogatory is yes, state each position this Alan Cooper held at AF Holdings, LLC and the dates such position was held.
11. Eleventh Special Interrogatory: Was the Alan Cooper of Minnesota who is represented by attorney Paul Godfread ever a principal, even unwittingly, of Ingenuity 13, LLC?
12. Was the Alan Cooper of Minnesota who is represented by attorney Paul Godfread ever a principal, even unwittingly, of AF Holdings, LLC?
13. On November 26, 2012, when undersigned counsel emailed Brett Gibbs to ask for a routine extension request, Mr. Gibbs responded by email “I would have to check with our client about that request. Just an FYI, our client usually does not like to grant these types of requests on short notice unless there is a reasonable chance that settlement may occur in the case.” Later, Mr. Gibbs purported to have an answer on his query to the “client” regarding an extension. Who is the client contact at Ingenuity 13, LLC that Mr. Gibbs spoke with on this matter? Note, no details of the communication are being requested, just the name of the client contact.
14. Reference is made to the following civil actions filed by AF Holdings, LLC and Ingenuity 13, LLC in the Northern District of California: 4:2012-cv-02049-PJH; 3:2012-cv-02393-CRB; 5:2012-cv-02394-LHK; 3:2012-cv-02396-EMC; 3:2012-cv-02404-SC; 4:2012-cv-02411-PJH; 3:2012-cv-02415-CRB; 4:2012-cv-03248-PJH; 3:2012-cv-04218-WHA; 5:2012-cv-04219-LHK; 5:2012-cv-04446-EJD; 5:2012-cv-04447-RMW; 5:2012-cv-04448-EJD; 3:2012-cv-04982-CRB; 3:2012-cv-04216-JSW; 3:2012-cv-04217-RS; 5:2012-cv-04445-LHK; 3:2012-cv-04449-SC; 3:2012-cv-04450-MMC; 3:2012-cv-04976-JSW; 3:2012-cv-04977-WHA; 4:2012-cv-04978-PJH; 5:2012-cv-04979-LHK; 5:2012-cv-04980-EJD; 3:2012-cv-04981-RS. With respect to the copyright assignments attached to the complaints in these actions, as Exhibit B thereto, which all appear to have a similar signature by "Alan Cooper," please state whether the person who signed these assignments was the Alan Cooper of Minnesota who is represented by attorney Paul Godfread — yes or no?
15. If the answer to the fourteenth interrogatory is no, then state all contact information for the person that did sign these documents, including all known home addresses, business addresses, and telephone numbers.

The order also requires them to produce identification documents for the people identified in the questions above, along with proof of their employment at the companies in question. Oh yeah, and also to produce the "signature" of Alan Cooper on documentation which Gibbs had claimed (in earlier court documents) that he had seen on various other court documents.

Given that the judge has, in short order, denied Gibbs' request for sanctions while granting Pietz's request for such discovery, it would appear that the judge isn't buying Prenda's story and is at least curious as to whether or not Prenda can turn up an actual Alan Cooper who is not John Steele's housekeeper. It appears that Prenda has until January 10th to produce the information. Of course, instead of doing that, Prenda appears to be throwing the judicial equivalent of a shit fit.

On New Year's Eve, Gibbs filed one of the more extraordinary motions you'll see, arguing that Judge Wright, in merely asking Gibbs to answer who the CEO is of Ingenuity 13, is impossibly biased against copyright holders and should be removed from the case. I am not joking.

The story Plaintiff now sets forth is rather simple: Honorable Judge Otis D. Wright, II simply abhors plaintiffs who attempt to assert their rights with respect to online infringement of pornography copyrights. Honorable Judge Wright’s abhorrence of such assertions of right under the Copyright Act has risen to a level such that a neutral observer would have reasonable grounds to question Honorable Judge Wright’s impartiality. Indeed, in light of Honorable Judge Wright’s conduct, Plaintiff contends that it would be impossible to convince a neutral observer that Honorable Judge Wright regards this particular type of case impartially.

What follows is a rather ridiculous diatribe, in which Gibbs argues that somehow Judge Wright has it in for companies like the ones he represents, because they dare to enforce their copyrights. He points to an earlier ruling from Judge Wright in a Malibu Media case in which the judge is clearly aware of how copyright trolling works, and says it's somehow unfair for the judge to actually call these companies out on the fact that they're using the court system as part of a business model, rather than for a legitimate judicial purpose. More importantly, he never points out why this absolves him from having to identify just who is Alan Cooper, and whether or not Prenda lied to the court about Alan Cooper and the various companies he's associated with. Of course, nowhere does the evidence show that Judge Wright is biased against copyright holders -- merely concerned that those who are engaged in copyright trolling have a legitimate purpose for what they're doing. His actions, to date, have all revolved around requiring such companies to prove that they're not just in the legal shakedown business -- but rather than do that, Gibbs is throwing a temper tantrum. Crazy.

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