Brett Gibbs runs from justice like a petty thief caught lifting a loaf of bread

Posted: January 29, 2013 by SJD in Coopergate, Prenda
Tags: , , , , , , , , , , , ,

A copyright troll attorney Brett Gibbs continues avoiding questions about the alleged identity theft — after his attempt to remove Judge Wright from the case has failed.

Today DieTrollDie posted an update about yesterday’s dismissal: Brett Gibbs dismissed Ingenuity 13 v. John Doe (CACD 12-cv-08333) pending before Judge Wright. I tweeted about it chuckling at the fact that a miserable attorney couldn’t avoid whining even in a dismissal notice… and forgot about it — until I was pointed to the fact that this is the same case where Judge Wright granted Morgan Pietz’s discovery that supposed to shed some light on the mysterious AF Holdings / Ingenuity 13 CEO Alan Cooper.

Given the fact that Judge Wright has dismissed all but two AF Holdings and Ingenuity 13 cases pending before him, for example, 12-cv-05709, 12-cv-06659, 12-cv-06636, 12-cv-06664 (I will update this post later and list all the cases), and has not dismissed this particular case, yesterday’s dismissal by Gibbs is a douchebaggery at its zenith: it is a brazen attempt to avoid answering the damning questions right after the failure of another attempt to do it by removing Judge Wright from the case.

 

Brett Gibbs has just incriminated himself beyond a reasonable doubt.

I hope that Judge Wright will not leave this insult to his intelligence unpunished. I do not expect that he will allow this case to be closed. [Update: I’m not correct — see a lawyer’s opinion at the bottom.]

 

 

Update

It’s even more interesting: the very same day Gibbs attempted to dismiss the case, Judge Wright issues an order that directs parties to prepare a joint conference statement and discusses conference dates, all related to Alan Cooper interrogatories. This indicates the seriousness of judge’s resolution to dig to the bottom of this issue, and Gibbs’s dismissal looks even pettier in light of this order:

 

I asked an attorney a question if Judge Wright has a power to stop the dismissal. Here is his reply:

No, but the Judge retains authority/jurisdiction as to all remaining collateral issues such as sanctions as well as potential inappropriate conduct of counsel/parties. I believe that since the discovery order was issued after the dismissal, it is likely that the Court sees the dismissal as potentially motivated to hide inappropriate conduct or even perjury etc… Technically the judge could still allow discovery on the Alan Cooper issue or even order Gibbs or Steele or even “Alan Cooper” to appear and testify. If they refuse, the court can invoke its plenary contempt power. That’s when the ____ hits the fan.

It is well established that “federal court[s] may consider collateral issues after an action is no longer pending, including an award of attorney’s fees.” Lorillard Tobacco Co. v. Engida, 611 F.3d 1209, 1218 (10th Cir. Colo. 2010) (citing Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395, (1990) (holding that “nothing in the language of Rule 41(a)(1)(i), Rule 11, or other statute or Federal Rule terminates a district court’s authority to impose sanctions after such a dismissal”).

Comments
  1. Anonymous says:

    There HAS to be ONE judge SOMEWHERE that will call these SOB’s on their bullshit. I hope like crazy that Judge Wright is the man to do it. If these weasels get to slink off into the shadows without answering some questions, then the justice system is hopeless.

    I would like to think that Judge Wright is cranked off enough at Gibbs for trying to get him booted off the case that he wants to make Gibbs squirm a little.

  2. S.O.L says:

    What a douche. Hey! Dick Gibbs thanks for wasting my tax money! Welp, the good news is that if you are pursued by AF holdings and, in particularly, this moron there’s not much to fear. These clowns are all the same

  3. Anonymous says:

    Can voluntary dismissal be stopped by the judge? I thought voluntary dismissal will work automatically. I am sure the Doe is happy the case is dismissed, but I sure hope the trolls are forced to answer those questions about Cooper!

  4. DieTrollDie says:

    Nice try Prenda Law. I love this bit – “Failure to comply with this order or failure to appear for the scheduled status conference may result in sanctions, including monetary sanctions.”

    We all know that Prenda Law will wait til the last moment to file staus report and then make some sad excuse as to why they have yet to answer the Alan Cooper interrogatories. More fun to come!

    DTD :)

  5. Anonymous says:

    There it is, Gibbs admits he doesn’t have a real Alan Cooper.

    Remember this case had the DTD Torpedo as well, so potentially this judge has read it and now has an idea of the full extent of Gibbs’ scam.

    But even if Gibbs slinks away from Wright relatively unscathed it’s not going to matter. There are aggressive Doe-defenders in CA and this POS is toast. Between Alan Cooper and the undertaking strategy Ingenuity and AF are locked out of the CA courts. They have cookie cutter cases so Ranallo and Pietz can provide cheap and easy cookie cutter response services all day. All that is left is to take the fight to them. I hope Pietz opposes the dismissal and piles on requests for sanctions and costs, or even fires up a counterclaim. With Alan Cooper’s own suit against Steele, AF and Ingenuity and Gibbs now demonstrating he has nothing, his ass is going to be in a lot of crosshairs.

    If Steven Yuen was willing to up against HDP, which was a far more legit operation than AF and Ingenuity (i.e., no criminal fraud involved in their organization), he must be drooling over these guys. Think about the potential for a Qui Tam action against AF and Ingenuity… Wooooo! With Gibbs unwilling to let the Alan Cooper mess be scrutinized by a judge, how long is it going to be before there is a full-on class action against AF and Ingenuity in CA? There are thousands of people in CA affected by this and you can bet there are attorneys that smell blood in the water. This time Gibbs may see himself sued personally, as his involvement in the fraud and coverup is becoming too much to ignore. These guys are going to be buried by civil penalties and if Cooper keeps it up they may not be able to avoid criminal charges.

    My major remaining bit of curiosity at this point is whether or not Gibbs knew AF and Ingenuity were built on ID theft of Steele’s groundskeeper or if he has been learning the true extent of Steele’s criminal nature right along with us. Gibbs was my troll so I feed on the thought of this scumbag crapping his pants.

  6. Anonymous says:

    Gibbs tried to stamp out the “evil” judge Wright
    a dream of prejudice coming only at night
    “I’ll fix that man!”, said Steele with a frown
    as he proceeded in retreat like a red nosed clown
    ten-thousand lakes, “Why’d he have to pick mine?”
    said the head of the man who sucked down the wine

    in an electrical conduit, with breath and a lung
    lies a man nearly dying who surely was stung
    A barrel making cooper of the fictional sort
    Prenda’s frankenstein attempts surely fell short

    His lack of flesh brought about his ill fame
    So a figment must drown in the barrel of his name
    On a ship out to sea, far from the coast
    there drowned a man, Alan Cooper’s ghost

    “But he holds a pen!” said the scamsters at issue
    “He can assign!” said the man with no tissue
    Vegas or Nevis, whichever works best
    “Whatever works. Let’s get our own sex.”
    three years of law school was only a scheme
    to learn and to study towards one final dream

    “He was only in a number of cases”
    Said a man who was sure he had covered his bases
    Godfread and Pietz, their face with a look
    inadequately conveyed by sentence or book

    “Just getting warmed up.” said the bittorrentbull
    to the crowd that had gathered during the lull
    what was the cause? The dismissal of cases
    could Prenda’s clients see your faces?
    “So we won’t produce him, or maybe we will”
    A sibling in the salt marsh may fit the bill

    So Lutz proceeded to live by the wire
    and he and John spooned as they laid by the fire
    thinking up the dream to come
    sharing between them a bottle of rum
    CEO Lutz, how’d you like that
    the system is flawed, we’ll both show them that

  7. sausages says:

    Didn’t peitz answer reserve the right to add counterclaims depending on the discovery? Logic would say if he is dismissing that defendant should still have a right to amend the answer with counterclaims… though of course our legal system isn’t really logical where copyright trolls are enabled to exist

    • Donald Duck says:

      Plus, Gibbs childish dismissal rant pretty much says controversy still exists… so keep the case going!

  8. Anon E. Mous says:

    I have been reading the various articles on the and other Pretenda Law cases. Obviously Gibbs wanted to avoid having to anwser questions about John Steele -er- Alan Coopers real identity. Can you imagine Gibbs and PRenda filing a litany of motions listing reasons why Alan cooper wouldnt be able to come and anwser questions about his role in AF Holdings or Ingenuity13. I am just waiting for Alan Cooper’s obituary to appear in a St Kitts and Nevis paper about his tragic passing and how he couldn’t wait to testify and show us all how wrong we were about AF holding and it’s many copyright cases. I ahve to wonder why no statE AG’s have looked into Prenda/Duffy/Steele/Gibbs activities or even the FBI as these seem to be criminal on my opinion. I think we all grew up with an imaginary friend as a child , however it almost seems that Steele might be still conjuring them up. Well at least when John lands behind bars , he will have all his imaginary friends and CEO’s to keep him company

  9. Anonymous says:

    There it is, Gibbs admits there’s no real Alan Cooper.

    Remember this case had DTD’s Torpedo as well, so potentially this judge has read it and now has an idea of the full extent of Gibbs’ scam. Also Prenda has been stinking up the CA courts as one of their first franchises so we can hope the judges are looking for an excuse to put them down and maybe for once this will get referred to the proper authorities for prosecution.

    Even if Gibbs slinks away from Wright relatively unscathed it’s not going to matter. There are aggressive Doe-defenders in CA and this POS is toast. Between Alan Cooper and the undertaking strategy Ingenuity and AF are locked out of the CA courts. They have cookie cutter cases so Ranallo and Pietz can provide cheap and easy cookie cutter response services all day. All that is left is to take the fight to them. I hope Pietz opposes the dismissal and piles on requests for sanctions and costs, or even fires up a counterclaim. With Alan Cooper’s own suit against Steele, AF and Ingenuity and Gibbs now demonstrating he has nothing, his ass is going to be in a lot of crosshairs.

    If Steven Yuen was willing to up against HDP, which was a far more legit operation than AF and Ingenuity (i.e., no criminal fraud involved in their organization), he must be drooling over these guys. Think about the potential for a Qui Tam action against AF and Ingenuity… Wooooo! With Gibbs unwilling to let the Alan Cooper mess be scrutinized by a judge, how long is it going to be before there is a full-on class action against AF and Ingenuity in CA? There are thousands of people in CA affected by this and you can bet there are attorneys that smell blood in the water. This time Gibbs may see himself sued personally, as his involvement in the fraud and coverup is becoming too much to ignore. These guys are going to be buried by civil penalties and if Cooper keeps it up they may not be able to avoid criminal charges.

    My major remaining bit of curiosity at this point is whether or not Gibbs knew AF and Ingenuity were built on ID theft of Steele’s groundskeeper or if he has been learning the true extent of Steele’s criminal nature right along with us. Gibbs was my troll so I feed on the thought of this scumbag crapping his pants.

    • SJD says:

      It’s you business, and if you like to fight with the spam filter, it’s fine with me :) Yet I remind everyone: if you don’t see your message immediately, it was most definitely caught by spam filter. Shoot me a quick email, preferably with a phrase to search, and I’ll un-spam it. I stopped browsing spam folder after the amount of spam messages broke 500/day mark. Sometimes I search for a couple keywords (“Prenda,” “Steele” etc.), but not always. I hit “delete all spam” button every other day.

      Regardless, thank you for your contributions: you comments are fun to read.

  10. Sloop John D says:

    This is a thing of beauty. While the judge can’t reject the dismissal he can make Prensa/Cobb’s life miserable.

  11. […] sure you also look at the Fightcopyrighttrolls update concerning this development and a little gem from Judge Wright following the dismissal by Troll […]

  12. CTVic says:

    Run, Forrest! Run!!

  13. […] Brett Gibbs runs from justice like a petty thief caught lifting a loaf of bread […]

  14. Notme says:

    Maybe a different metaphor for the title? I don’t want Gibbs to develop a persecution complex by being compared to Jean Valjean. ;-)

  15. […] Brett Gibbs runs from justice like a petty thief caught lifting a loaf of bread […]

  16. […] Until now, Prenda has gotten away with quite a lot of these kinds of tactics because it simply abandons its lawsuits, via a voluntary dismissal, after obtaining subpoena returns, and some settlements. […]

  17. […] who try to protect their pornography copyrights.” When that didn’t work, Gibbs tried the cut and run, dismissing the case. Duffy substituted in for all the Gibbs cases and then stated dismissing them […]

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