Florida 'Abbott And Costello' Prenda Case Ends Not With A Bang, But A Whimper

from the that's-too-bad dept

As expected, it looks like Prenda, along with John Steele and Paul Duffy, have a tiny bit of good news as the first case which suggested they were committing fraud on the court, in the courtroom of Judge Mary Scriven, has been closed without any further action. If you don't recall, this was the case in which the transcript was something of an Abbott and Costello worthy routine, with various lawyers trying desperately to back out of representing Sunlust, a Prenda client. You really need to read the whole transcript, but among other things, Paul Duffy claimed Prenda had nothing to do with the case, while the lawyer seeking to get out of the case said he was hired by Prenda. Mark Lutz makes an appearance in which he's dressed down by the judge for dressing down in the courtroom and being a sham of a "corporate representative." And then there's the appearance of John Steele, who claims he's there on no official business other than to observe, but who repeatedly confers with Lutz, and who the judge quickly figures out likely has his hands in this whole mess.

Unfortunately, some sort of settlement was clearly reached, as the defendant Tuan Nguyen, represented by Graham Syfert (who has battled against Prenda on numerous fronts), recently withdrew all motions against Prenda, Steele and Duffy, so the court agreed to close the case without further investigation into the potential fraud on the court. Of course, in a bit of irony, the final order of business before closing the case is to... let another set of lawyers off the case, after they claimed conflict of interest among their clients (mainly because Brett Gibbs had filed a declaration implicating Steele, and they were representing both). It's a bit unfortunate that this case is closing, as it seemed like another one where a judge might suss out some clear examples of fraud on the court by Prenda (denying they were involved at all in this case is a big one, for example...). But, this case is now off the docket entirely. Hopefully Nguyen is cashing a nice settlement check from Steele, Hansmeier and Duffy.

Filed Under: graham syfert, john steele, mark lutz, tuan nguyen
Companies: prenda, prenda law, sunlust

Prenda Gets Some Tiny Bit Of Good News, As It May Get Out Of Two Critical Cases

from the walking-the-tight-rope dept

It's been a busy day for Prenda news, with some trouble in Minnesota and central California. However, it may have some slightly better news in two other key cases where judges had suddenly taken a deeper interest in what exactly was going on with Prenda. First up, the Sunlust case in Florida, which was actually the first case where a judge suggested Prenda was engaged in "fraud on the court" during an Abbott & Costello-worthy hearing. That case has continued to move forward with efforts to put sanctions on the key Prenda players. The lawyer, Graham Syfert, for the defendant, Tuan Nguyen, surprised some people by dropping Brett Gibbs from the target list, after he more or less threw his bosses at Prenda under the bus. However, Syfert has surprised a few folks by filing a motion to withdraw all pending motions. Basically, they're saying "drop the case and don't seek sanctions." That has left a lot of people scratching their heads, but suggests strongly that a settlement of sorts has been reached.

Perhaps the legal experts here can fill in the specifics about this one. I believe that the judge could continue to seek sanctions from Team Prenda if she feels it's appropriate, or if something improper happened, but it seems a lot less likely that this will happen now that Nguyen/Syfert have effectively bowed out of the case. Considering how deeply interested in the specifics the judge in this case had been, this is unfortunate. Yes, we already have Judge Wright's ruling on a similar matter in California, but having other courts come to the same conclusion seems like it would be useful.

Then we have the other Prenda case in Northern California, where the judge had become curious as to who exactly had signed a form on behalf of "Salt Marsh," ordering the original document to be produced. Last week, Paul Duffy claimed ignorance and tried to throw Brett Gibbs under the bus (again). Meanwhile, former Prenda paralegal/claimed boss of AF Holdings/Ingenuity 13, Mark Lutz, suggested that he had signed "on behalf of Salt Marsh" but no longer had the original. The judge could have dug deeper on that, but apparently has decided to let it go, saying that the question about Salt Marsh was "substantially complied with" and is ending the case.

Because AF's counsel has now substantially complied with the Court's order, the Court sees no basis to continue deferring a final judgment.

That means that particular case will also be closed. So, assuming the Florida case is similarly closed, that will leave the Judge Wright ruling in Central California as the only main battleground concerning the overall nature of Prenda's antics over the past few years.

Filed Under: brett gibbs, california, florida, graham syfert, john steele, mark lutz, paul duffy, paul hansmeier, prenda, tuan nguyen
Companies: ingenuity 13, prenda, prenda law, salt marsh, sunlust