Dunlap, Grubb & Weaver

Announcements

I suggest anyone who is contacted by Dunlap’s goons remind them about their boss’ shenanigans. Dunlap is heavily engaged in politics, even employs the chairman of Richmond GOP Cortland C. Putbrese, and the last thing he wants is publicity. If he persists with harassing calls, I have no problem reviving the scandal. Friendship with Kenneth Ford is also something they want to keep under cover.

Comments
  1. Raul says:

    It would appear that Magistrate Judge Sherri Chapell enjoys sadism and masochism as her Orders have elements of both for the troll and the Does. WTF?

  2. johndoe says:

    So we’re doomed, damn

  3. Johnnydoe says:

    Can anyone help me out with this docket info? This is for that “blumpkin” porno case. 2:12-cv-00082. Yes I’m a doe and have waited until the last few days to file a MTQ before comcast gives away my info. I’m curious about the last two docket entries listed, any help translating this to me? Thanks much.

    2012-05-21 10 0 Motion to dismiss MEMORANDUM OF LAW in support of Defendant John Doe #18 (24.6.26.5) MOTION to dismiss the matter, quash and for a protective order by John Doe. (Attachments: #(1) Exhibit A, #(2) Mailing Envelope)(drn) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/21/2012)

    2012-05-31 11 0 Motion to sever MOTION to sever, MOTION to dismiss Complaint, MOTION to quash Subpoena, MOTION for protective order by John Doe 78. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Simon, Daniel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 05/31/2012)

    2012-06-01 12 0 INTERESTED PERSONS ORDER as to John Doe #18 and John Doe 78. Certificate of interested persons and corporate disclosure statement due by 6/15/2012. Signed by All Divisional Judges on 6/1/2012. (drn) (Entered: 06/01/2012)

    2012-06-01 13 0 MOTION to extend time to Name and Serve Defendants by Celestial, Inc.. (Attachments: # 1 Text of Proposed Order)(Weaver, Jeffrey) (Entered: 06/01/2012)

  4. Johnnydoe says:

    Raul, thanks for your input here. Can you tell me though if this is something worthwhile to do? Or is it just a way to annoy the trolls by making them have to do more work? Or did I just ask the same thing twice? :)

    • Raul says:

      There is a difference of opinion on the value of filing a motion to quash/sever/issue a protective order. I have always thought it is a good idea for several reasons, chief among them is it puts AGE on the lawsuit which any defense attorney will tell you is always good. I am not sure how this certificate of interested persons will play out as it could turn out to be a judicial means to avoid the merits or maybe not… . Nothing ventured, nothing gained.

  5. brandon says:

    i just got this by UPS today…i have no knowledge of this download but i do have a wireless router etc….what the hell should I do lol?

    • Anonymous says:

      Welcome to the club brandon! Read thru all these posts and I’m sure you will be like me and still be scratching your head.

  6. Johnnydoe says:

    I second the welcoming. Are you with Comcast? What are you up for? Is it blumpkins? lol. That’s what they’re trying to pin on me and several others.
    (sidenote…isnt it funny that all these porn titles are some of the foulest things anyone has thought up? What happened to normal porn titles…that are surely being watched by porno viewers…possible titles such as “two people make love”, or “up all night long,”….etc. I guess for the trolls this doesn’t have the same negative social impact as “Teen Anal 3″ or “Blumpkin Blowjobs.” I wonder if it would be worthwhile to try to gather some stats on this…I think though that I wouldn’t like what I would find.)
    At any rate, Brandon, dont let this stress you out too much and do what I have done in recent weeks and take some free time and browse this site…you’ll feel better about it once you do.

    • Indeed. In the seventies (so called “golden age of erotica”) we saw such titles as “Behind the green door,” “The opening of Misty Beethoven,” “Pandora’s mirror,” and “The Devil in Miss Jones” (couldn’t resist chuckling about this one, as we currently witness “The Satan in Mister Jones” drama… or rather a comedy).

  7. brandon says:

    Yeah….Comcast/bumpkins.

    Did you file a motion to quash etc? Seems like its going to get bad once they release my info to these parasites. Are all of you doing nothing until they send something to us?

  8. Anonymous says:

    Sounds like a couple have here and I applaud them because I’m one of the doing nothing.

  9. Raul says:

    Is there an end in sight? In FLMD in the lawsuit Nu Image v. Does 1-3,932 (case no 11-cv-5450) Judge Chappell extends Troll Weaver’s time to serve until 7-31 (troll had asked for 120 days but only got 60). The judge also reminds the troll that his complaint fails to allege personal jurisdiction.
    http://ia600700.us.archive.org/13/items/gov.uscourts.flmd.263324/gov.uscourts.flmd.263324.252.0.pdf

  10. Johnnydoe says:

    Brandon, yea I filed an MTQ, just seemed to be the best way to go for my situation. Now its wait and see again.

    • johndoe says:

      Yo I have the same thing “blumpkin blowjobs” and have no idea what to do need some help. What is MTQ??? And how bad can this get??? could they come and search my house

      • Full-o-Shit says:

        They will only break down your door in the middle of the night if they feel you have any blumpkins laying about in the open. Best put them away and out of view.

        • Johnny Doe says:

          lololol. For some reason this comment really had me taken. Hahahaha. Bad News Blumpkins. LoL.

        • CTVic says:

          I was going to make a wisecrack about blumpkins, but I had to google the term first.

          I had no idea there was a market for that kind of thing. Pornographers think of everything, I guess.
          I wonder who gets the job of explaining to the judge that a Blumpkin is the art of getting head whilst taking a big fat dumper? Maybe I could file an Amicus … sounds fun.

  11. Brandon says:

    Any update on this ? Tamaroff wanted $1600 to file stuff for me on tjis case…seemed excessive.

    • AngryDoe says:

      It is expensive, I heard some ppl payed only $1500 after DGW harassed them. Keeping your name out of the case and giving money to a good lawyer instead of a bad is a bonus. Also, some ppl payed up to $3k to DGW when threatened by them. I am paying and I hope it is worth it.
      This is BS because anybody could have wifi access, it was over 1 year old, you never know what you are downloading on torrents until you have it, there is no warning on torrents that material is copyright except in the material itself AFTER it is downloaded, and no one cares about this stupid movie, there are millions of flash sites with free movies, who cares about this stupid one. DGW rot in HELL!!!

      • CTVic says:

        Wait – DGW is only demanding $1500? You guys must be the ‘cheap whores’ generation. In my day, they wanted more than twice that! HAH!
        I know it shouldn’t make me feel special. It’s probably just because so many defense lawyers are mobilizing and are able to fend all this bullshit off so much more easily. But still …

        It just feels good to be the slut who could demand a price twice what you’re being offered.

        Now go away and leave me to my memories of the time when I was worth something…

      • CTVic says:

        Just thought I should clarify … I never actually paid my particular Trollawyer a dime. Like stated elsewhere on this site, I wiped my ass with their demand letter and told them to take a hint where they could shove it. They’ve since dismissed my case and moved on to more fertile ground.
        If you paid … well … whatever lets you sleep at night, I guess. Damn shame. Imagine what you could’ve bought with that money … what a waste.

        • AngryDoe says:

          Sorry, to be clear I paid a defense lawyer. I am not paying the slimebags anything if it can be helped. The numbers I got were from other comments on other sites where they bargained with DGW.

  12. sam says:

    I m Gettin Sued By Dunlap ..Celestial Inc.. I have contacted an attorney.. i own a Small business with free wi-fi… i hope they dont send me more of this crap.. because i m seriously in debt behind..any help?

    • DieTrollDie says:

      As you run a small business, you are in a little different boat than an individual. Not bad, just a bit different. My suggestion would be to take steps to try and determine what happen on your network and document your efforts. Go into the WiFi Router/Firewall and determine who was on your network at the time. If there are no logs because Plaintiff waited so long to notify you of this, document it. Then take steps to secure your WiFi to try and prevent future incidentd from happening. It may be benefical to block the use of many (if not all) high-level ports – sorry if this gets a little geeky. Do not try to talk with Plaintiff, as they don’t really care if YOU did this. They will just claim it was caused by your negligence and you should pay up – BS IMO. There is NO duty or contract with YOU and Plaintiff to secure your WiFi. Negligence requires this to be in place before it can be used. Saying that, I would still take steps to try and prevent future incidents – shows you are concerned not ignoring the issue. Document everyhting and keep it just in case you actually get named and issued a summons or depostion subpoena – Only then get an attorney. If it ever gets to that point (highly doubtful – look at the history for cases like this), your attorney can tell Plaintiff you will fight this and worse case – you will file bankrupcy. Have fun trying to get money then.

      DTD :)

      • sam says:

        Thank u ..But i Already have Contacted an Attorney he told me to do motion quash .. because im in diffrent state 500 miles away..Lalchandani is my Attorney.. But my Biggest Concern is Will i Get Sued By Different People? What Can i do make my ISP to stop this thing in future? ..

        • DieTrollDie says:

          MTQ is good. Thanks for trying. As far as preventing, I would suggest you get someone knowledgeable about your WiFi Firewall Router to assist. You can change the setting to prevent various high-level ports from being used – while keeping all the normal Web traffic flowing. It can still be gotten around, but at least you are doing something about it – don’t just ignore it. If you are going to provide Free WiFi, I would suggest getting some better software for your WiFi Firewall/Router – something like DD-WRT (http://www.dd-wrt.com/site/index). Give you much more control and power. You can also add a Warning/Consent to Use Banner for anyone using it. Sorry but you will need some geek to help you with this one.

          DTD :)

        • CTVic says:

          One thing that I have seen small businesses that host open wi-fi do – is have a disclaimer of use & liability that customers have to accept before actually using your wifi connection. You may want to look into how to set something like that up.

          It should be pretty much a given that you can’t be responsible for every little thing every customer does while on your premises … but that way, you can at least sign an affidavit saying that you customers KNOW up front that you’re not accepting any liability.

          Honestly, though … if a customer helps themselves to a complementary cup of coffee while in your business, then throws it in somebody’s face as a weapon before robbing them … you have no liability. You’re no accomplice to that … you were just offering a free service to your customers, same as any other company all up and down the street.

        • Anonymous says:

          you could set up a dns filter, they are fairly cheep if not free that would block things like torrent related sites, open dns works pretty good imo, and it would show that you took steps to secure yourself once you were informed about the wrongdoing

      • I respectfully disagree with the statement that blocking certain ports can effectively stop bittorent traffic. Unlike eMule, bittorent is much more resilient and can survive on a single 80. I researched that topic and tried to prevent bittorent traffic by blocking ports to no avail. If it would be easy, than plethora of tools that detect VPN failure and shut sown bittorent client wouldn’t exist.

        There are some methods to throttle/block bittorent and they are discussed on various forums, but it’s rather an advanced topic.

        sam stated below that he turned off wi-fi, that’s very disturbing, and here I see the opportunity to raise the awareness and turn even more public opinion against trolls: by forcing small businesses to shut down free wi-fi access, trolls basically reduce our quality of life, i.e. their actions clearly anti-social. And that’s about small businesses only: they will never threaten Starbucks, I wish they would! That alone underscores the frivolous and predatory nature of trolls’ declared “protection of copyrights.”

        • DieTrollDie says:

          I don’t think blocking ports will stop the BT traffic, but it does show that a Doe was at least trying to do something. Having a screenshot of your Firewall/Router settings that show this is a great bit to show your attempts. It also looks better if you are going to claim safe harbor status. This of course would only be needed in a “worst-case” where a Troll/Plaintiff actually issued a summons/complaint against the business (Highly unlikely). I wouldn’t turn off the WiFi either. I would get myself a better Access point that you could at least have a “Consent/Warning Banner” that a user has to accept before gaining access. I would copy and edit the “Banner” being used by the District court of DC or NDCA. The lawyers at these courts felt it was good enough to prevent any claims of liability – adapt it to yours.

          DMCA Safe Haborhttp://images.chillingeffects.org/512.html

          Here is 1 of the 4 Safe Habor provision – It covers this situation IMO.

          “17 U.S.C. Sec. 512. Limitations on liability relating to material online

          (a) Transitory Digital Network Communications. – A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider’s transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if –
          (1) the transmission of the material was initiated by or at the direction of a person other than the service provider;
          (2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;
          (3) the service provider does not select the recipients of the material except as an automatic response to the request of another person;
          (4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and
          (5) the material is transmitted through the system or network without modification of its content.”

          DTD :)

  13. sam says:

    Yea u right..but the my question what if someone had download so many movies of my internet.. are there any chance i will get sued again like this ? because i have stopped my router last month.. i stopped providing free wifi..

  14. Plaintiff’s counsel just filed a singular response to seventeen Does’ motions to dismiss/server/quash in the Conan the Barbarian BitTorrent litigation now proceeding in the Middle District of Florida. I posted a copy on my Web site for your reference at http://infringement-attorney.com/bittorrentlawsuits.html.

    • Raul says:

      Thank you! Noticed that plaintiff reliies on several older decisions of Judge Williams in MD for asserting that joinder is proper. As I am sure you are aware, that is no longer the majority view in MD with the judges sua sponte ordering severances left and right.

  15. Jdoe says:

    Does anyone have any new info on this case?

  16. sam says:

    Retention Policies
    IP Address Information
    - Comcast currently maintains Internet Protocol address log files for a period of
    180 days. If Comcast is asked to respond for information relating to an
    incident that occurred beyond this period, we will not have responsive
    information and can not fulfill a legal request. (Comcast can process and
    respond to preservation requests as outlined below in this Handbook.)

    This was in Comcast Policy..Comcast send me this Court notice and Copyright Letter..But the Letter indicate the date is jun 6 2011..so Do i even come in fault? .. i mean comcast clearly states that they dont retain log after 180 days so how the fuck they sending me this copyright crap?

    • It is rumored that Dunlap uses Comcast insiders to secure preservation of certain information well before the court order. Does he bribes them? Who knows…

      • anonymous says:

        If true, that would be something that is most likely monitored and logged. There are not many individuals that have access to those databases.

  17. sam says:

    so recent year if someone had download more 100 movies can they get sued over 100 times??

  18. AngryDoe says:

    Does anyone know how the IP address was obtained? Do they have to submit the process to the court? I bet they just put up an executable and did not even put the copyright material there, the executable is downloaded and sends the IP address back. Then no crime was done as material was never downloaded. I would bet there are grounds to throw out the whole case if we look at the details and something like this comes up. Also, how did everyone supposedly find this one torrent, they must have done something to promote it on torrents. Also, how come this movie was out for just a few days after the date mentioned in the “evidence”? They set up a sting in just a few weeks of releasing a film. Isn’t that suspicious?

    • CTVic says:

      If you’re really that interested, do some reading on torrents, trackers and IPs. There’s no shortage of freely available information out there.

      If you’re not really all that interested, just know that NO Copyright Troll’s methods for collecting IP Addresses has EVER been scrutinized before a jury after years of copyright troll lawsuits across several countries. Nor will they ever be. The moment that a jury decision comes down on the WELL-KNOWN UNRELIABILITY of torrent tracking, and the NEAR IMPOSSIBILITY of getting a positive association between an IP Address and an individual person, every Copyright Troll will lose the stick they use to beat settlements out of people.

  19. calidoe1 says:

    does anyone have an update about whether or not the bumpkin case is going to get dismissed? i have yet to receive any type of settlement notices.

    • Johnny Doe says:

      Calidoe1, Best I know is that trolls have been given until October (!!wtf) to serve does…based off the case docket report. And this probably goes against legal advice, but when they call tell them there are absolutely no blumpkins in this house and that the only blumpkins that you know of were collected up by the town Weaver.

  20. [...] Dunlap, Grubb & Weaver « Fight Copyright TrollsFeb 11, 2012 … Jeffrey W. Weaver of Dunlap Grubb & Weaver PLLC … (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brier, Simeon) (Entered: 01/09/2012) … [...]

  21. Kitty says:

    Received a settlement letter yesterday. Troll is offering me a “courtesy” and to pay $1750 before I am named in a formal lawsuit. Do I just ignore this letter?

    • Raul says:

      Trolls are so nice when they ask for your money to settle their BS lawsuits. Ignore the letter or turn it over to your attorney.

  22. Johhnydoe says:

    For those of you being sought after in the blumpkin case, I thought I’d share the latest of my MTQ filing. Judge Douglas Frazier signed off on it, but not all of it. At least its something, right? (All similar filings appeared to have the same result.)

    “GRANTED as to the Motion to Quash, and DENIED as to the Motion for Protective Order and DENIED as premature as to the Motion to Sever.”

  23. Brandon says:

    Wtf does all that mean?

  24. Pissed says:

    I just got a subpoena today from DGW for civil action No. 2:12-cv-00109-jes-dnf. Does anyone have any information on this? Anyone with a case in FLMD gotten any results yet? And has anyone on this case filed an MTQ? I am going to try, but I don’t have much time so it would be comforting to know if someone did it on everyone’s behalf. Thanks

  25. Anonymous says:

    2:12-cv-00082-UA-DNF ….Any news on this one?

  26. Anonymous says:

    Doecumb, your very knowledgable about these things apparently would you mind updating me on 2:12-cv-00082-UA-DNF? I am number 141 here and filed some motions.

  27. Anonymous says:

    John Doe #141′s Omnibus Motion to Quash, Issue a Protective Order, and/or Sever and Dismiss 54 be granted as to the Motion to Quash, and denied as to the Motion to Issue a Protective Order, and denied as premature as to the Motion to Sever and Dismiss.

    so the MTQ is granted….does that mean its over?

    • doecumb says:

      The “54″ here refers to the docket listing. The docket listing #54 refers to a 7/2/12 submission by Doe #329. The way I read it, the MTQ is granted for that particular Doe only, at present.

      • Pissed says:

        Hi doecumb, I left a bunch of comments in response to your response above regarding civil action No. 2:12-cv-00109-jes-dnf. Can you point me in the right direction?

        • doecumb says:

          Usual disclaimer: This is for discussion purposes only. I am not a lawyer and nothing is to be construed as legal advice.

          In terms of the time for MTQ, ISP’s will delay releasing information pending a judge’s ruling on an MTQ. Many ISP’s will delay releasing information either if they have received a copy of the MTQ (not depending on it being logged by a court clerk) or if an attorney informs them that a MTQ is being submitted.

          Some of this depends on how reasonable the ISP/ISP legal dept is. If you do submit an MTQ, it seems best to immediately fax a copy to your ISP legal dept and follow that up with a call to confirm that the fax was received and your Doe information will be withheld.

          The passage you quote appears to be from page 9 of Judge Frazier’s order of 6/29/12. He appears to be saying that, since MTQ’s were granted (listed is his Recommendations) for the individual Does, the motions to sever or dismiss no longer apply.

          Based on recent FLMD rulings, Judge Frazier has been granting individual MTQ’s but deferring motions to sever/dismiss, meaning discovery (Doe info release) will be granted.

          This seems like good news for individual Does but bad news for the case. Judge Frazier is saying that motions to sever for joinder could not be obtained unless Does are served. However, the whole point of the case is for trolls to get identifying information to extort Does. >99.9% of Does do not get served.

          With over 2000 Does, it is sure that most live outside Florida . Joinder appears improper for most of the Does. Quick free geolocation tools could confirm this. An informed plaintiff counsel would reasonably know this. The burden is placed on individual Does to respond either pro se or with counsel to confirm that joinder is improper.

          I hope the lawyers for Does are submitting the court opinions from many other districts where cases have been dismissed for improper joinder.

        • Pissed says:

          Thanks for your input! I will try to file a MTQ Monday

  28. [...] Steele and Prenda LawRobocall distribution by stateCopyright Enforcement GroupDunlap, Grubb & WeaverCanada: a new frontierLiberty Media and Marc RandazzaCounter actions [...]

  29. spoongiecaloon says:

    how long does comcast keep records.

  30. spoongiecaloon says:

    Typically, upon receipt of a properly and timely (within 6 months) submitted valid and
    statutorily authorized legal request, Comcast can supply the subscriber’s name, address,
    telephone number, email accounts, Comcast account number and current account status.

  31. AngryDoe says:

    I was just reading the comments on the MTQ results for Celestial v Doe 1-252. So if the MTQ is granted does this mean DGW will have to file individual subpoena to the ISPs to get the names and addresses of the Does in question?

    • Anonymous says:

      My understanding is yes, but that would be expensive to do so:
      1. Find and retain attorneys in each of Doe’s jurisdiction
      2. Then $350 to file per individual Doe (252x$350=$88K would be the cost to file suit against each one individually

      That’s the whole point of these firms trying to join multiple/100′s of Does together to get info from ISPs –> all that contact info for just 1 x $350 filing fee.

  32. Anonymous says:

    Curious if they called you and left a message, exactly what did they say?

    • Kitty says:

      They called me about a settlement letter they had sent. They stated who they were calling for and that they hadn’t heard from me and would like to get a hold of me to settle for their client. I only have until the 18th to pay the $1750. This is for the mechanic case.

      • Aguy says:

        I am in the same boat as you. I got a letter from DGW two days ago requesting 2200 dollars before the 18th at which time it will be 3000k to settle. If I don’t settle I “may” be named as a defendant. In the nu image mechanic” case. I talked to some family members who are attorneys and they told me not to do anything until I get something certified from them. But still I am freaking out. Anyone would can give info regarding this specific case would be appreciated.

  33. Anonymous says:

    Excellent News!!!! It’s over, the trolls lost!!!!!!!!!!!!!!!
    Please read the decision at the end of the page of the Judge in this case:8:11-cv-02736-DKC

    http://ia700705.us.archive.org/26/items/gov.uscourts.mdd.194486/gov.uscourts.mdd.194486.docket.html

    Please spread the word, this case is over, all Doe Defendents will be left the fxxx alone!!! :)

  34. Anonymous says:

    Hey Kitty this should be your case: http://www.rfcexpress.com/lawsuits/copyright-lawsuits/florida-middle-district-court/82440/nu-image-inc-v-does-1-3-932/docket-text/
    ……………. as of 7-16 DGW have requested more time to serve and name defendants. Of course in my opinion a law firm shouldn’t get almost 4,000 peoples names and address for a 350 dollar filing fee if they can’t name all of the defendants in the allotted amount of time. Here’s to hoping the July 31st date sticks and they have to scramble to do anything to any of the does.

  35. Aguy says:

    This is a question for those involved in the nu image v does”the mechanic” case mentioned above. If you have sought out an attorney did you use one from fla or from your home state. I’m about 1000 miles away from Florida and my state has no attorneys who have participated in these type of cases. Does anyone have any success stories advice etc? Thank you.

    • Anonymous says:

      What a mess…. and it only costs the queen trolls $350 to file. Could YOU imagine how much money these law firms are making… Think about it, it helps all lawyers, when you hire someone to create a document called a Motion to Quash, OOOWWW, fancy word, the lawyers get paid, when they send you a threatening letter to pay $2500-$4000 OR YOU WILL GO TO COURT, they get paid. Deep down, even the lawyers who DISAGREE with this whole fiasco LOVE THIS BIG CIRCUS SHOW… WHY YOU MIGHT ASK, because at the end of the day Intelectual Copy right infringment lawyers are getting paid!!!!!!!!!!!!! They could care less if these cases are right or wrong. Florida is waiting for your call, they want you to call and cry on the phone and say please help me, I’ll pay for a motion to crap, I mean quash……. I’ll do whatever it takes to keep those big bad highly educated overpaid trolls away….. what a pathetic mess…. moral of the story, lawyers will NEVER stop making money, NEVER! Soon there will be a law that says if you breath in an area that you do not reside in you will sued for stealing someone else’s air to breath. But to prevent getting sued, you will need to send payment of $2500-$4000 to avoid court. Technically the Oxygen Lawyer Patrol (O.L.P.) may win considering you only pay taxes to LIVE(and breath) in your home town, once you cross that border hold your breath or might just receive a letter in the mail stating you are in trouble…. GOD BLESS AMERICA, FREEDOM TO BE SCARED, FREEDOM TO WANT TO JUMP OFF A BRIDGE!! What a mess…..

    • Kitty says:

      I don’t have an attorney. I live in california and there are no attorneys I have found in my local area.

      • Anonymous says:

        Kitty if you look up at the top of this web page there is a tab on the upper right that says REFERENCES. When you open it there is a name. Nicholas Ranallo. click on him. He is a lawyer in California. He just has to practice law in your state not in your local area, as much of your communication between you and your lawyer will be over the phone. I called him and I live in Michigan. I called because I wanted his honest opinion and he gave it to me even though he couldn’t make money off of me because he doesn’t practice law in my state. In my opinion he is very trustworthy. I hope this helps you.

    • Anonymous says:

      I believe you need a lawyer in your state to represent you. Not one in Flordia.

      • Anonymous says:

        nope. you need a lawyer in the jurisdiction that the case was filed in to represent you. you can get a lawyer from elsewhere but they will have to pettition the court for temporary permission to appear there top help you. if it is filed in your home state then you need a local attourney, if it is filed in a different state then you need an attourney that is liscensed to appear in that jurisdiction.

  36. Anonymous says:

    Wrong, you need a lawyer with a license to practice law in florida….most likely someone from florida but not necessarily. Nicholas was great when I s/w him as well.

  37. Aguy says:

    On the docket for the mechanic case, it looks like their motion to extend time wasn’t granted. If the July 31 date sticks, then what happens after that? God all this shit is so confusing. Does anyone have any good reccomendations for good lawyers? I’m from ky, I haven’t seen anyone from ky post on any of these message boards yet.

    • Joe says:

      I was wondering the same thing. If I’m not “served” by July 31st in the mechanic case does that mean I’m good?

  38. Jerry Bassey says:

    Any news on Conan the Barbarian case . Case number Does 1-2,515, docket 2;12-cv-00109. Just saw the mail,deadline july 30. Any help will be appreciated

    • spoongiecaloon says:

      you can be ided or get a lawyer, Wohlsifer is handling mine. find all the lawyers on this case on pacer site, might take you a little time to fig it out but all council will be listed for the case, just dont call plaintiff lol tell him im waiting for my punch card, 10th one is free… said give um good deal too

  39. Kitty says:

    7/23/2012 281 ORDER granting 277 Plaintiff’s Motion for Extension of Time to Name and Serve Defendants. Plaintiff shall have 120 days up to and including November 20, 2012 to name and serve the Defendants. Signed by Magistrate Judge Sheri Polster Chappell on 7/23/2012. (LMF) (Entered: 07/23/2012)

    • John says:

      Wow These troll must love this judge.
      Longest case ever..

      • Kitty says:

        I know! It’s really annoying. They filed for extension on 16th and it was denied on the 18th. So, they filed for extension again and this was the result.

  40. anabelle says:

    OMG i am so glad I found this site!!! I just got a letter from Comcast last week and was referred by a friend of mine to an attorney here in Miami which i spoke to Monday!! I have a lot of confidence in this attorney because she is a registered Patent Attorney and understands all this techy stuff but I still cant believe this is happening to me!!

  41. Flaw says:

    Someone correct me if this logic is flawed…

    I’m not from Florida, nor do I have any ties to Florida. My isp gave up my info without giving me to opportunity to file a mtq, so dgw know im not from florida. Legally nothing can be done to me in this case, correct? I’m out of jurisdiction? They would need to file a lawsuit in my state, right?

    said all that to say this, if I wait this out and this case carries on for another year can they refill against me in my state even if the statue of limitations has passed, and if the statute is 3 years I’m more than halfway there.

  42. Anonymous says:

    So i just got a letter today about this and find out my husband downloaded Conan…what do i do?

    • DieTrollDie says:

      If you haven’t already visited my Newbie page, I would suggest that. What to do? One of the hardest things many people have to do is make a decision that best suits them. There is no simple “Do this,” answer. The first thing NOT to do is talk to the trolls. If you tell them what you posted, they will use it against you and increase the pressure. I will not condone copyright infringement, but I certainly don’t think the extortive practices of the Trolls & Plaintiffs is justified because infringement happens. Old Wisdom: Two wrongs don’t make a right. If you ignore the Troll, this will likely go away after some time. The VAST majority of these cases get dismissed by the Trolls so they can move onto new cases. You will be subject to telephone calls and letters from the trolls saying they are going to sue you for everything you have unless you settle. The statute of limitations is 3 years, you have a way to go unless you settle.

      As a side note, the new Conan movie was horrible. As it was such a stinker, a copyright infringement case may be what the studio needs to recoup its losses.

      DTD :)

  43. kentucky says:

    To Aguy: We are in the same boat apparently. I am from KY as well, and I am CONFUSED as hell by all this. I’e done a lot of research and BASICALLY I’m good at the moment. Because they haven’t hired lawyers in KY yet, right? I got the letter from DGW (about The Mechanic) a few weeks ago, askinf for $1,700 by Aug. 7th. Some people here are saying “OH WELL THAT’S NOTHING JUST PAY IT”
    HAH! I don’t have that kind of money to throw away to some case that might be dismissed soon! Also costs to hire a lawyer. I’ve never been involved with any legal issues, so I don’t have a lawyer, nor do I know anything about obtaining one (at a fair price).
    However I’m tempted to round up some change and pay this darn settlement to put my mind at ease.
    I’ve been regularly checking that rfc site to see the most recent updates on the case. I can’t read that lawyer jargon at ALL! I don’t understand it.
    So the most recent two (talking about extending the time until November 20th to name defendants, and “MOTION to dismiss Party MOTION to Dismiss for Lack of Jurisdiction over party and over out-of-state ISP MOTION for protective order MOTION to quash Subpoena MOTION to sever filed by Nu Image, Inc..”) updates, I’m confused on,
    What do they mean!?!?!
    I just want SOMEONE to tell me, is it looking good, or bad for the “The Mechanic” Does??
    Also, has anyone here settled?!? PLEASE tell me what happened with that.
    I talked to a law office in Florida, and the woman was wonderful. She told me that settling would probably make everything go away, but I definitely need to have a lawyer look at DGW’s contract cause they can be ‘ugly’. Whatever the hell that means.
    I also have no idea how to tell if there are any lawyers in Kentucky that have done cases like these, or if DGW has hired lawyers in KY.

    tl;dr For the Does, or anyone who knows anything about The Mechanic case…Please tell me what is going on with you, what are you doing and what do you know, etc.

    Thanks so much.

    • Raul says:

      Hmmm…..checking the Anti-FUD ray gun to make sure it is fully loaded…….

      • kentucky says:

        hah yes I realize I sound whiny as fuck. Again sorry about that. Just quite worried. About to start school and this is a lot more than I needed…

    • SJD says:

      The knowledge about the case is helpful, but irrelevant in your situation. What is relevant is your state of residence: there is no known troll goons in your state. On the contrary, A Louisville woman has initiated a counter class action lawsuit. That may change, but I would relax and keep a casual eye on the developments. The probability that you’ll be in trouble is < 0.01%, MUCH less than a chance of a car accident. You wouldn't build your live based on the permanent expectation of an accident, would you? You wouldn't pay 100K for a one-month car insurance. Would you? Statistically speaking, it is an equivalent of settling given the probabilities of the outcomes. Better spend your time and money vacationing.

    • Kitty says:

      I live in California and they sent me a settlement letter and then called and left a message because I hadn’t paid it yet. They wanted me to pay by July 18th. I obviously ignored it. I haven’t heard anything else yet. I was really disappointed that they extended this until nov 20th. I’m hoping nothing comes of it!

      • kentucky says:

        I suppose it’s relieving to hear that they haven’t said anything to you again. Yeah I’m pretty disappointed about that too…
        So, when Nov. 20th comes around, and the Judge doesn’t extend it again, will it be over after that?

        • SJD says:

          “Over” is a mental state. If you decide that it is over now, so be it.

        • Kitty says:

          When I first got my letter that they were sending a subpoena to my ISP to obtain my info, I has less than a weeks notice to file a MTQ. I didn’t have enough time. I talked to one lawyer who wanted a $2500 retainer. I couldn’t afford it, so I let it go. I’m just tired of the whole situation.

        • Anonymous3 says:

          Yes, trolls continue harassment because it’s cheap to do so. For the price of a few stamps and a phone bank lackey or robo-callers, they can repeat demands. But Does adapt too. There are much riskier things and improbable but more likely than be going to court with trolls, that every person lives with. By regaining equilibrium, Does win.

  44. kentucky says:

    Well, here is my issue:
    So I have until aug. 7th to settle for $1,700, and then something like aug. 16th to settle for $2,500. If I don’t settle by then, I may be named in court.
    So assuming I ignore this, Aug 17th rolls around…still ignoring. Then what?
    I have to sit there fearfully for the next year and a half (end of statue of limitations), or until the day the case is dismissed?
    My fear is, I’m sitting there for a number of months, getting all these letters saying “okay now settle for 4k…5k…6, 7, 8k OR ELSE!” And then eventually “you’ve been named in court.”
    YES I know that is very unlikely, YES I know this is all a scare tactic. But I have a reason to be scared! I know the chanced are soooo incredibly low, but if it ever came down to that, I’d be sitting there saying “fuck fuck fuck” wishing I had just settled.
    Is the fact that the woman in Louisville initiated a counter lawsuit good or bad for me? I’m guessing bad, cause DGW now might have a reason to come to Kentucky….right?
    That is just my biggest fear. Them coming to Kentucky in a few months, and now I have to spend SO much more money than I would have in the beginning. :/
    What also has me raising an eyebrow, is the fact that all the other DGW cases seem to not last NEARLY as long as this one. This judge seems to be ruthless and…EVIL. ahaha
    The fact that she’s in it just doesn’t seem good to me.

    Would you suggest that I try to find some legal aid and look into MTQ? I really don’t even know what the hell that means, is, or how I do it. Does cost? Sorry about all the questions. ahaha just so lost and worried.
    Thanks again.

  45. kentucky says:

    anti-FUD gun? Ahaha confused….
    If you’re asking if I’m legit or not, I assure you I’m quite serious. I about cry when I think about this shit. shew. :/

  46. kentucky says:

    Oh I see. Yeah I’m obviously super paranoid. Sorry about that…

    • Raul says:

      As SJD said, at present there is no known Troll in your state to bring a lawsuit against you so relax, do not speak to trolls and ignore their hollow threats.

      • kentucky says:

        I realize that for the time being I’m safe, but my biggest concern is if/when in the future they do come to Kentucky. Then I’m just mega-fucked.
        Should I look into this MTQ?

        • Raul says:

          Last time-ignore the BS,go to bed and forget about it. You are being way too paranoid, nothing is going to happen to you if you lay low and do not speak to trolls. Shhh!

  47. BBgun says:

    Youtube the Steve Connoly video called, “Fuck Off” It will make you feel better. It is the attitude and response you need to embolden yourself with.

    • kentucky says:

      As much as I love the fact that all of you are saying ‘just ignore it’, it still doesn’t make me feel safe ignoring it. :/

  48. BBgun says:

    Sorry, its Bill Connolly. Trust me, you will like it

  49. kentucky says:

    Can someone answer me this: Does the fact that a woman in Louisville initiated a counter class action lawsuit hurt or help me? Does this mean that DGW will now have reason to, if not…HAVE to come to Kentucky?

    • doecumb says:

      I doubt anyone knows the answer for sure, but it’s probably helpful to you. Even if the countersuit goes nowhere, it puts the trolls (unfavorably) on the radar in that court district. The fact that a Doe feels secure enough to fight back in that region should discourage trolls.

      Coming to a state to defend itself is different than a plaintiff and lawyer starting up allegations in the same state. If DGW needs a local defense attorney to respond to the suit, it would very probably be a different and more distinguished lawyer. (I don’t know if DGW would go for pro hac vice, perhaps as adjunct counsel.) DGW is a well financed business with a lot at stake. They would want top dollar legal representation.

      DGW would have to recruit and train a DIFFERENT lawyer than the one defending them. The kind of lawyer who would agree to work on commission as a local plaintiff agent for a copyright troll group would probably be less prestigious and in greater need of work.

      Your district has few troll cases and none by this group. It’s also a less populated region-no offense. Trolls can earn more in the most populated and wealthy states, so they concentrate there. Also, the DGW cases are large, with many Does. They could not easily single out many Does beyond the threat stage.

      I think it’s a another reason to rest easier.

      (Not to be construed as legal advice. For discussion only.)

      • kentucky says:

        Thank you for that thorough response. It puts my mind at the tiniest bit of ease. The lawyer woman I spoke to on the phone told me that if I lived in a state like New York or even Florida, I’d have good reason to be pretty worried. However with it being Kentucky, not so much.
        No offense taken btw, neighbors are few and far between here. ahahha and for once I’m pretty damn glad of that.
        Something I’ve also thought of: Even though it WOULD cost them money to hire lawyers in other jurisdictions (sorry if I use terms incorrectly, new to this law stuff), wouldn’t it pay off in the end? I mean. Assuming some of these Does ARE in fact guilty, wouldn’t singling them out be worth it in the end, cause after all they did do something illegal?

        • Kitty says:

          Do you think with me residing in California, I should be worried? I’ve ignored everything thrown at me up until this point.

        • SJD says:

          You should be worried 10 times more than kentucky: in your case the probability of being named is 0.01% vs. 0.001%.

        • Anonymous says:

          to be honest in the question of:

          ” wouldn’t singling them out be worth it in the end, cause after all they did do something illegal?”

          short answer : more than likely no.

          singling out individuals is FAR less profitable, also guilty or not their evidence is so flakey that is can open them up to all types of issues. there is one doe who was singled out and is counter suing for over $1 million.

          i understand your position. when i first got my letter i was so stressed that i could not eat and actually became physically ill. i had to take meds just to sleep. i was involved in the first lightspeed CFAA case so no one had any evidense about how those cases proceeded also i live in a trolling state. in your case (bittorrent style) there is a TON of good case history developing and in your state a very clear lack of trolling activity. i got over my fear and i assure you that so can you. in your case ignoring it is probably the best way, but if you have the $$ to burn then find a lawyer that is in the state where the case was filled and have them file a Motion To Quash for you (usually cost less than $1000 for the initial motion), this will help sheild your info from ever being released in the firstplace.

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