Posts Tagged ‘12-cv-08333’

By Mysterious Anonymous

Since I made it to the Spring Street Courthouse again to see Friday’s performance, SJD asked me to write up my impressions as a community representative. I had a super-busy weekend so I didn’t think there would be anything left to say by the time I found time, but I came up with an editorial angle that might be more entertaining to people who have come to read this site not because they have read about John Steele on Techdirt and Ars Technica, but because they were actually threatened by Steele | Hansmeier, Prenda or one of their other guises.

I had seen John Steele previously at the April 2 hearing where he plead the 5th, but I had never actually seen him perform, and the take-home lesson from last Friday’s hearing is…

John Steele is an idiot.

I had assumed Wright was simply calling Steele’s bluff by scheduling a hearing on Steele’s motion for reconsideration. Surely, given Steele’s history of trying to avoid Wright’s courtroom, Steele was bound to no-show even with his own motion scheduled for a hearing, giving Wright justification to deny the motion by default. But Wright’s plan was far more devious than that. After briefly chewing Steele out for filing documents that have nothing to do with anything, Wright had Steele staring at his own request to substitute counsel (or in Steele’s case go pro se) that had an incorrect mailing address… When Steele was there to complain about not being served by mail…

Unhappy troll

Things went all downhill. Steele basically couldn’t put a sentence or an argument together. As covered in detail elsewhere, Wright had gone over Steele’s filings in meticulous detail, found the inconsistencies, and grilled Steele with pointed and specific questions. Steele was desperate, pathetic, grasping for straws. He could barely answer any of Wright’s questions and never had a straight, specific answer, it was always an appeal to emotion, or his rights, or a wild conspiracy to deny Steele said rights. Wright repeatedly asked him to make an argument, explain a problem, and/or state some facts to back up anything he was saying, and Steele just couldn’t do it. He did manage to keep talking, we all know Steele can’t keep his mouth shut, and that is true no matter how deep of a hole he digs himself. Steele’s mouth kept running but the garbage coming out became less and less intelligible. It sounded like “blah blah blah MY RIGHTS blahbaddy blah 5TH AMENDMENT blah blah blah PATTERN OF FRAUD blah.”

The incoherence, paranoia, ego. Unbelievable. John Steele is so full of shit that I won’t even try to describe how full of shit he is. If you had tried to explain to me that a person could be that full of shit before I saw John Steele performing in Los Angeles, I would not have believed it was possible.

For those who have been intimidated and scared by Steele in the past: There is no evil genius here. There is no master plan, no craft, no clever, no intelligence. Just a bully who got lucky a few times bluffing laypeople with no understanding of the law. Now that he must practice his profession against real opponents he is a complete and utter failure. Such a failure that Wright joked about the Ninth Circuit having a reserved parking space for him. Such a failure that many attendees were wearing government ID badges. Investigators from the DOJ and IRS? Maybe. We can hope. But they looked a bit young to be seasoned investigators, so I think it is likely that John Steele has become a celebrity in the courthouse, and anyone who could slip away from work was there to watch him make a fool of himself.

John Steele has become the Court Jester of the Central District of California.

He brings shame to the University of Minnesota for having such low standards it awarded him a JD.

He brings shame to the state bar exam preparers of Illinois that created an exam so weak that John Steele could pass it.

He brings shame to every lawyer in every state where Prenda has filed cases, for having such collectively low standards and ethics that they call this scum their peer.

I would like everyone who has been threatened by Steele, intimidated by Steele, harassed by Steele, who has lost sleep because of Steele to know that John Steele was very, very unhappy on Friday. John Steele was mad. John Steele was worried. John Steele wore a deeply concerned and unhappy face that I wish all of you could have seen (I had to work to suppress the urge to break courtroom protocol and try to sneak a picture of Unhappy John Steele; it would have made great memes). I was grinning from ear to ear the whole time, and like many other attendees could not keep from chortling and snorting with derision, glee and surprise at the contemptible foolishness of John Steele.

John Steele is struggling to deal with all the trouble John Steele has made for himself and behaved like he’s coming apart at the seams. His final words in the courtroom, a bellowed “It’s called cutting and pasting!” are a suitably pathetic example of how ridiculous this sad excuse for a man has become.

Everyone who has worked with or for Prenda should read this, and read everything else about Friday and their current state of affairs, and be scared. Very, very scared. Because their mastermind is a clueless buffoon of little ability who went all in with an empty hand and had his bluff called.

Update

SJD, 7/16/2013

On 7/9/2013 John Steele filed an apoplectic reply to Ranallo/Pietz/Heller response. The caveat is that, as a manual filing, it was stamped only on Friday (right before the hearing), and appeared on Pacer only today.

You’ve read the story above, now read Steele’s BS through the glasses of Friday’s event: it is entertaining.

 

Another [fantastic] update

SJD, 7/18/2013
Judge Wright issued an order on Steele’s motion for reconsideration, denying it and referring a purported attorney John Steele to Pro Se Clinic! This is probably the second-best (after the “Star Trek order”) by Wright in this case:

Based on these findings, the Court finds Steele’s Motion meritless and frivolous. Therefore, it is appropriate to consider whether sanctions should be awarded to Pietz and Ranallo for the expense of defending this Motion, one where Steele sought sanctions against them for their failure to serve.

Pietz and Ranallo are hereby directed to file a regularly noticed motion for Rule 11 sanctions against Steele in connection with his filing of this Motion. A hearing should be noticed for the motion no later than August 26, 2013. The Court hereby reminds Steele that failure to timely oppose the motion may result in the automatic imposition of the requested sanctions. L.R. 7-12.

Steele’s Motion for Reconsideration is hereby DENIED. Steele is advised that the Federal Pro Se Clinic is located in the United States Courthouse at 312 N. Spring Street, Room G-19, Main Street Floor, Los Angeles, California 90012. The clinic is open on Mondays, Wednesdays, and Fridays between the hours of 9:30 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m. The Federal Pro Se Clinic offers free, on-site information and guidance to individuals who are representing themselves in federal civil actions. Steele is encouraged to visit the clinic for advice concerning his case.

 


Aisha Sargeant

On 2/19/2013 Nicholas Ranallo and Morgan Pietz (from the defendant’s side), and Brett Gibbs (from the plaintiff’s), deposited a “witness”: Prenda’s senior (and, in mt opinion, mastermind) Paul Hansmeier, asking him questions about a shell company AF Holdings. Today the transcript is available as an exhibit to the Ingenuity v. Jon Doe — CACD 12-cv-08333.

I started reading it. It has 290 pages… So I decided to post it here and continue reading. I’m sure the discussion will be interesting.

[Embedding does not work: opaque highlights are rendered on top of the text on Scribd, totally covering it, which looks like redaction. You have no choice but to load the pdf]

Exhibits.

A visual layout

An amazing visual layout of the deposition made by John Henry. You’ll have to download it either from Scribd or here to navigate.

Media coverage
We all knew that March 11 sanction hearing would make history (mind the countdown calendar on the left). After Judge Write ordered Gibbs to name Prenda’s decision makers, we hoped that the judge would order the senior members of the infamous copyright troll firm to appear in person and be questioned under oath. However, this outcome would be too good to be true. Today it has turned out both good and true. The judge’s order definitely made Prenda’s masterminds forget about people saying mean things about them on the Internet: this week the trolls acquired an unprecedented headache.

 

I expect to see some hasty filings tomorrow with all imaginable and non-imaginable excuses not to appear in Wright’s courtroom. You may remember that Paul Duffy claimed in November that he could not travel by air due to his health condition. I don’t want to imply it is not true, but it is worth mentioning that the doctor, who filed the sealed affidavit, is David J. Fletcher, Paul Duffy’s friend and co-defendant in a lawsuit that Duffy’s former employer Freeborn & Peters LLP filed against them alleging breach of contract, fraud, conspiracy, and breach of fiduciary duty. If Paul cannot travel by air, there are still trains that serve millions of passengers every year, and I heard that traveling by train through the Rockies is a fantastic experience.

One motion from Brett Gibbs — via his lawyers who “primarily defend lawyers in malpractice actions” — has already hit the docket: a request for these lawyers to appear “on behalf of their client.” I do not know if “on behalf” means “instead of” in this context: if it is so, I do not expect Wright to grant it (as a matter of fact, I misinterpreted this motion due to my legal ignorance — see the update below — the motion was granted on 3/6/2013).

Update: my layman’s (apparently incorrect) assessment prompted an attorney’s comment. Ken wrote:

I think you are misreading Gibbs’ lawyers’ application. They are asking for leave to make a special appearance. That usually means an appearance for a limited purpose, as opposed to a general appearance, which makes you that person’s attorney of record for all purposes in the case. Lawyers seek to make a special appearance to limit their exposure — to avoid being stuck as counsel of record in the case. If you become counsel of record, you’d have to move to withdraw if you wanted to get out (for instance, if your client stopped paying you), and the judge might or might not let you out. Judges can accept, or not, a special appearance.

Anyway, it is less than a week until THE hearing, and if anyone wants to attend it, I advise to come earlier to avoid standing in a doorway.

In other news

Today, for more than 12 hours, visitors of Prenda’s site wefightpiracy.com were being redirected to The Pirate Bay. According to this site’s commenters, it was a javascript redirection, embedded into the site code: apparently, “hackers” did not elect to deface the site in order to deliver a message. Of course, there is no proof, but both a lame execution of the “hack” and the astonishingly long time to fix the site, suggest an inside job: we will learn soon if our community is blamed for this “takeover.”

Update

3/9/2013
There was nothing unexpected in the yesterday’s events: those who were summoned to attend the hearing, did everything possible to weasel out. Naturally, they waited for the last moment and filed their motion outside of ECF, and, as a result it is still not on Pacer. Bad thing is that I was busy yesterday and couldn’t break the news. Good thing is that there are many who follow this saga real-time and more eloquent than me, so continue reading about this expected douchebaggery:

Update 2

3/11/2013
Yesterday Morgan Pietz lodged (filed) a copy of yesterday’s investigative piece in a Minnesota’s StarTribune (by Dan Browning). The reason is an alleged (and damning) evidence of another name misappropriation by Prenda, namely using the identity of Allan Mooney in Prenda’s filings without his knowledge, even supplying a “notarized” copy of his signature. I did not cover this particular alleged fraud explicitly, but those who read Morgan Pietz’s filings referred in recent posts, know what I’m talking about.

PLEASE TAKE NOTICE that the putative Putative John Doe in 2:12-cv-08333-DMG-PJW by and through counsel, hereby lodges with the Court a true and correct copy of a Minneapolis StarTribune Article published Sunday March 10, 2013, a copy of which is also attached hereto as Exhibit 1. As relevant here, the headline for this article would be that Allan Mooney of Minnesota is quoted denying knowing that his name is being used in connection with federal court filings made by Prenda Law, Inc. (including in the St. Clair County Guava, LLC action). Further, Mr. Mooney also denies knowing that he was listed as the organizer for MCGIP, LLC, a plaintiff Prenda Law, Inc. has represented in numerous copyright infringement actions. The yellow highlighting to the relevant section of the article dealing with Allan Mooney’s denial of his alleged role in Prenda lawsuits was applied by undersigned counsel.

Media coverage
After Judge Wright’s strong Order to show cause why copyright troll Brett Gibbs should not be severely sanctioned for all his troubles (Ingenuity v. Jon Doe — CACD 12-cv-08333), both parties — Gibbs (via a newly hired law firm “primarily defending lawyers in malpractice actions”) and Morgan Pietz have exchanged intensive pleadings. Gibbs has seemingly decided to save his ass by throwing the troll masterminds under the bus, while Morgan Pietz, having only a couple of hours before the filing deadline, wrote one of his best briefs explaining Gibbs’s and Prenda’s fraudulent, possibly criminal, activities.

Gibbs, while pointing his finger to Prenda, has been choosing his words carefully though, and employing so painfully familiar weaseltalk, managed not to call the real criminals by name.

Judge Otis Wright, tired of the said weaseltalk, issued yet another order yesterday, consolidating five Prenda’s cases for the purpose of the March 11 sanctions hearing, and mandating Gibbs to answer simple questions directly and unambiguously (a skill that this miserable troll is obviously lacking):

Brett Gibbs is hereby ordered to respond to the following questions in a separate brief, to be submitted by March 1, 2013:

  • The names and contact information of the “senior members of the law firm that employed Mr. Gibbs in an ‘of counsel’ relationship.” (Gibbs Resp. 2.);
  • The names and contact information of the persons who make “strategic decisions . . . whether to file actions, who to sue, and whether to make a certain settlement demand or accept an offer of settlement.” (Gibbs Resp. 2.);
  • The names and contact information of the “owners of these copyrights.” (Gibbs Resp. 2.) If these owners are business entities, then provide in addition the names and contact information of the principals of these entities.
  • The names and contact information of the principals of AF Holdings LLC and Ingenuity 13 LLC.

 

I envision Gibbs whining about such a short time given to him to produce answers. Yet, just stop and think for a moment: how long would it take to answer these questions for an honest attorney employed by a reputable law firm that conducts legal and respectable business? Five minutes? Ten?

Additionally, the judge ordered that

The parties may each file a supplemental brief, limited to five pages, addressing the issues raised in the parties briefs submitted on February 19, 2013. These supplemental briefs shall be filed by March 4, 2013.

So, expect more crocodile tears from one side and the sound of a hammer hitting another nail in the coffin of copyright trolling from the other.

Last, but not least, Judge Wright is damn serious about burying Prenda:

Further, Mr. Gibbs is reminded to appear in person at the March 11, 2013 hearing.

I would say it is safe to buy non-refundable tickets to Los Angeles if you want to attend one of the most important hearings in the history of Prenda’s downfall. And, in the meantime, John Steele and Paul Hansmeier will have a lot of uncomfortable talking to do during this weekend in Utah.

In other news

I hope you did not miss Arstechnica’s feature story about Raul, DieTrollDie, Morgan Pietz and yours truly:

 

Update

3/1/2013

Brett Gibbs replied to the Judge Wright’s order (embedded above) in the evening of March 1st, 2013:

  • John Steele and Paul Hansmeier were correctly named as the “senior members” of Steele Hansmeier PLLC / Prenda Law / LW Holdings LLC (“Livewire“). Paul Duffy was mentioned as Prenda’s sole principle.
    • Gibbs refused to provide their personal addresses and phone numbers in an open document, citing the publicly advertised number and Washington DC’s virtual office instead. Agreed to file the personal information under seal.
  • Gibbs claimed that “upon information and belief” both AF Holdings and Ingenuity 13 were organized “under the laws of St. Kitts and Nevis,” provided the address (Springates East, Government Road, Charlestown, Nevis — the address that is a “home” to a shitload of companies).
  • Mark Lutz was identified as a CEO of both fake corporations. He lives and works in Las Vegas, his address is not known to Gibbs, only the phone number. Agreed to file the phone number under seal.
  • One copyright (“Popular Demand”) was transferred from Heartbreaker Films LLC to AF Holdings, the other two copyrights (“A Peek Behind the Scenes at a Show” and “Five Fan Favorites”) were assigned to Ingenuity 13 directly (it is not clear who was the initial owner: naturally Ingenuity 13 did not produce the smut).
  • Neither Alan Cooper nor Salt Marsh has been mentioned at all.

 

First reaction

Mysterious Anonymous commented:

Gibbs’ response to the request for contact information is filed. Total load of crap, i.e. he doesn’t provide the contact information requested “out of an abundance of caution” and wants to file it under seal.

I called that.

These guys are so pathetic, using public resources to play the blackmail, pay us or else we name and shame game and of course they don’t want anyone to know who they are. I’m sure, given the documented shadiness of everything Steele has touched, Judge Wright considered the possibility that lots of people want a piece of these scumbags, and if he wanted to give Gibbs the option to file under seal, he would have.

It is also clear that Lutz is being set up as the fall guy. Why else would he suddenly become CEO of all of the Steele’s creations? No wonder he had the sense to try fleeing to Mexico, too bad that didn’t work out for him, soon he’s probably going to wish he stayed in spite of the muggings and jail and whatever the hell other trouble he got himself into. I would suspect Lutz is being used as their fake CEO without his knowledge or permission a la Cooper, but since he is still making calls and should be able to use the Internet, there’s no way he doesn’t know. That may explain why he’s calling as Jeff Schultz or whatever, it would be kinda weird for the CEO of a real company to make dunning calls personally.

Nice try guys but with all the dirt Pietz and Ranallo dug up regarding Steele’s ties to these frauds, I somehow doubt he is going to forget about the Alan Cooper thing just because they say Lutz is CEO now. It’s looking like Gibbs really is backed into a corner here, for some reason he is not willing to dox these guys even to save his own ass, but Wright does not seem likely to put up with this crap.

Update 2

3/4/2013
As directed by Judge Otis Wright, at least one of the parties, Morgan Pietz submitted his last (before the hearings) brief in support of sanctions. At the same time, Cory Doctorow posted his very emotional article on BoingBoing. In my mind these two write-ups are mysteriously connected. Connected by a clear message from the bottom of the heart of every honest individual: “Enough is enough!”

(See also Pietz’s declaration and exhibits that include a diagram of Prenda cobbleweb and wi-fi coverage maps similar to one we posted recently.)

A bit later, Gibbs filed his brief (via counsel). Nothing to comment on here, except the fact that the course on trying to clean himself up by blaming Prenda for all the wrongdoings was unambiguously confirmed:

[…]the Pietz Response relies on guilt by association in attempting to assail Mr. Gibbs for his mere association with, and the alleged activity of, Steele Hansmeier PLLC (“S&H”) and Prenda Law, Inc. (“Prenda”).

Mr. Gibbs no longer has a relationship with Prenda or Livewire Holdings LLC. He is no longer counsel of record for any cases involving Ingenuity and is counsel of record in one case for AF Holdings pending AF Holdings retaining new counsel.

Media coverage
Saying that judges rarely use words “incarceration,” “fraud,” “automatic bench warrant” in an order to show cause would be an understatement. Nonetheless, Judge Otis Wright did just that in Ingenuity v. Jon Doe (CACD 12-cv-08333). Tired of apparent Prenda Law’s fraudulent activities, he ordered its counsel Brett Gibbs to explain his and his law firm’s behavior at a hearing set for March 11. Additionally, he allowed parties (Brett Gibbs and Morgan Pietz) to file briefs before February 19. A deposition of Prenda by Morgan Pietz was set to proceed on the same date.

Brett Gibbs tries to play a pity card, points finger at “Prenda senior people”

Copyright troll Brett Gibbs

A couple of hours before the deadline, Brett Gibbs filed his declaration through a newly hired law firm Waxler Carner Brodsky LLP, which has been “primarily defending lawyers in malpractice actions.” Although it was a relatively wise move (akin to an old lawyer’s saying that “a lawyer who represents himself in a court has a fool for a client”), the result was a pile of horse manure that does not pass a common sense scrutiny. The funny thing is that this spectacular failure does not characterize Gibbs’s defenders, it’s just too much lying to explain: no star attorney is capable of coming up with a credible story painting Gibbs an innocent kid deceived by evil grown-ups.

Regardless, the main huge news is that Brett has given up his stubborn loyalty and has started pointing his finger at Prenda’s “senior members” (Paul Hansmeier and John Steele):

I am and have never had an ownership interest in the copyrights involved in the Copyright Litigations. As discussed in greater detail below, I did not make strategic decisions like whether to file actions, who to sue, and whether to make a certain settlement demand or accept an offer of settlement in the Copyright Litigations. These types of decisions were made by the clients, after consulting with senior members of the law firms that employed me in an “of counsel” relationship.
[…]

I have never had a financial or fiduciary (i.e., ownership) interest in AF Holdings. AF Holdings was a client of S&H and then Prenda. The face-to-face and direct interactions between S&H and later Prenda with AF Holdings were handled by the senior members of the law firms and not me.
[…]

I have never met Alan Cooper, and do not know what the extent of Mr. Cooper’s role is in AF Holdings aside from seeing a signature from an “Alan Cooper” on the copyright assignments and pleadings.
[…]

I first became aware of a question regarding the identity of Alan Cooper when it was raised by Mr. Pietz.
[…]

I confirmed the existence of the client-executed verification either by seeing a copy of the signed verification, or at the very least, being informed by a representative of S&H or Prenda that a signed verification was in the possession of S & H or Prenda.

The explanation of the reason how Alan Copper’s fraudulent signature was verified by Gibbs and why he failed to present the original is simply stunning. Sure, it is a credible and sufficient reasoning that will clear Mr. Brett’s name so he will avoid sanctions:

In Case No. 84, Mr. Pietz first asked for a copy of Mr. Cooper’s verification to the petition to perpetuate testimony on or about December 2012, well after the petition had been discharged. Given the length of time since the case was discharged, I was informed and understand that S&H (and later Prenda) no longer has a copy of Mr. Cooper’s verification to the petition to perpetuate testimony.

Just a week earlier Steele and Hansmeier decided to delegate Gibbs’s responsibilities to Michael Dugas. After two and half years of collaboration, they have thrown Brett under the bus, so no surprise that his loyalty has evaporated quickly.

I’ll leave it to a reader to go through unconvincing excuses, which are not as entertaining as those that another troll’s mob mastermind, Keith Lipscomb, poured on Judge Baylson last fall.

 


Click to enlarge

[2/21/2013 update] It is not remotely funny anymore that Brett (to whom we already gave an honorable nickname “Pinocchio”) is lying without even thinking about the possibility of anyone doing some basic fact checking. Here is an example (thanks to a commenter for noticing):

From Gibbs’s declaration:

31. In addition, in order to rule out neighbors of the 1411 Paseo Jacaranda, Santa Maria, California 93458 location utilizing the internet connection, I performed a Google map search and obtained a satellite picture of the corner house located at 1411 Paseo Jacaranda, Santa Maria, California 93458. A further public search revealed that the house was approximately 1,200 sq. ft. which sat on a 6,534 sq. ft. lot. Considering the position of the house on the lot, and its position away from the neighboring houses, it seemed clear that, should the household have wireless internet, it would not have been accessible by the neighbors.

Alright. A typical wireless range is from 50 to 100 m. Look at the map: green circle’s radius is 50 m, and yellow — 100 m. So we are talking about 10-30 households capable of utilizing the wireless connection in question.

Can’t help noticing another funny argument in Gibbs’s declaration:

[…] the inconsistency did not prevent a prima facie showing of copyright ownership because the law only requires the assignment to he signed by the assignor. Given the court’s finding that the copyright assignment in Case No. 3335 was prima facie valid despite an issue regarding whether the assignee had properly executed the assignment. I had and have a good faith belief that the assignments in Case No. 6636 and 6669 are valid despite any alleged issue regarding the identity of Alan Cooper.

Or, as scruuball translated it to Twitter’s 140,

It doesn’t matter that we forged a signature, because we didn’t need it in the first place! Hah!

To our surprise, there is a certificate of AF Holdings’ incorporation, but the quality of the copy is poor, and I’m afraid that given St. Kitts’ secrecy laws, there is no way to validate that it is authentic. Even if it is real, this does not negate the fact that AF Holdings is a shell entity “owned” by Prenda. Note that nothing of this kind was presented for another fraudulent entity, Ingenuity 13.

The fact that Brett Gibbs has lawyered up has more significance: it will be easier for him to cut a deal with an Attorney General and (relatively) save his ass while allowing putting the major culprits behind the bars.

Morgan Pietz replies to Judge Wright’s OSC. One word: “Wow”

Defendant’s attorney Morgan Pietz had just an hour to review Gibbs’s weaselspeak. Admittedly, Morgan wrote the bulk of his response in advance, but still he managed to add thorough debunking of Gibbs’s whining. It’s impossible to pull pieces from this document, it is a must read from the first line to the last. It has is all: a long history of Prenda’s crookery, calling out lies and contradictions in Gibbs’s declaration, examples of more identity theft, damning revelations during the deposition of Paul Hansmeier (who, like a “boss” in an action computer game, appeared in the last episode).

I only want to quote the beautiful conclusion (links supplied):

The conduct of Prenda and its “of counsel” Mr. Gibbs in these cases undermines the integrity of the courts and the public’s confidence in the justice system. Here, Prenda has shown is that it is willing to do just about anything to obtain grist for its national “settlement” mill. Repeatedly, in hundreds of actions filed in courts across the country, Prenda has resorted to misrepresentations, halftruths, and questionable tactics, if not outright fraud, forgery, and identity theft. 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. Indeed, as noted above, Mr. Gibbs is already at it again, now sending out demand letters on behalf of Guava, LLC, which is now purportedly owned by Livewire Holdings, LLC not a mystery trust. Exactly who is responsible for the worst of Prenda’s actions here may not yet be clear, but this is the archetypical type of case, where there is a pattern of bad action that is done in such a way to avoid scrutiny, where a major sanctions is appropriate as a deterrent. This Court is urged not to go easy on Mr. Gibbs or Prenda Law.

 

Many paragraphs in this brief deserve separate posts, and sure we will continue shedding the light on Prenda and its epic downfall until the fraudsters cease their criminal activity and are severely punished.

Followup
Media coverage
The apoplectic and misguided Prenda’s motion to disqualify Judge Otis Wright has been denied today by Judge Michael W. Fitzgerald.


Federal Judge Michael W. Fitzgerald

Anyone, who is familiar with the “Coopergate” — a damning accusation that Prenda Law is engaged in fraud, forgery, and identity theft — has no illusion why Brett Gibbs came up with this vexatious motion on the New Year’s Eve. It is clear that Gibbs has desperately attempted to delay the inevitable — the necessity to answer questions about the real owners of AF Holdings and Ingenuinty 13 — under penalty of perjury — as it was ordered by the judge, whom our lying little swindler attempted to remove from the case.

From the order:

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.

[…]

Here, Judge Wright’s conduct simply does not demonstrate any pervasive bias against Plaintiff or other copyright holders of pornographic or erotic material. At most, Plaintiff demonstrates that Judge Wright is concerned with the potential for discovery abuse.

 

The game is on. I have mixed feelings: sensing the pain of Prenda’s victims, I want this blain on the judicial body to burst as soon as possible. On the other hand, as a curious person, I am impatiently waiting for the next Prenda’s move: the experience shows that there is no limit to Gibbs’s creative douchebaggery. Wash your hands, ladies and gentlemen, in preparation to the next epic palmface.

A brief history of Prenda Law, by Morgan Pietz

Yesterday (on 1/14/2013) defense attorney Morgan Pietz filed an opposition to Gibbs’s frivolous disqualification request. This opposition has an interesting attachment (embedded below) — a declaration that tells the story of deception and fraud: a colorful brief history of Prenda Law. I commend Mr. Pietz for this thorough job: while many episodes of crookery and abuse are missing (for example, a farcical “informal discovery” campaign or Guava/Arte de Oaxaca fraud), all the major milestones were grasped with precision. It is difficult to say if Pietz’s opposition played a critical role in Judge Fitzgerald’s decision — maybe not: Gibbs himself made enough effort to communicate the fraudulent nature of his lawsuits to judges. Nonetheless, Morgan did a huge favor to anyone fighting Prenda — both lawyers and pro se parties — by providing a concise reference, a must have attachment to motions and declarations, especially in cases where judges are not familiar with the Prenda gang and the contents of its bag of tricks.

 

Visit Pietz Law Firm’s website to read the exhibits referred in this declaration.

Media coverage