Posts Tagged ‘Leo Sorokin’

Judge Leo Sorokin
Magistrate Judge Leo Sorokin
(Massachusetts)

Thanks to Jason Sweet and Dan Booth for the hilarious news, a must-read order denying ex-parte discovery re-requested by copyright troll Marvin Cable in Patrick Collins, Inc. v. Does 1-79 (12-cv-10532-GAO), Discount Video Center, Inc. v. Does 1-29, et al. (12-cv-10805-NMG), and Patrick Collins, Inc. v. Does 1-36 (12-10758-GAO).

While two major posts are promised and overdue¹, I cannot help posting Magistrate Sorokin’s smackdown ruling dismantling Marvin Cable’s copyright troll cases: a good excuse is that it does not take a lot of my time, as the document is self-explanatory, easy and fun to read.

Read the embedded order below. A couple of teaser quotes:

The Plaintiffs’ proposal — i.e., that the Court permits the Plaintiffs to subpoena the names of the subscribers and that the Court then leave it to the Plaintiffs to figure out the rest pursuant to informal communications — is unacceptable.

The Plaintiffs’ lack of interest in actually litigating these cases as demonstrated by the history of this litigation also weighs against permitting ex parte discovery.

The course of action the Plaintiff has stated it intends to pursue also suggests an improper effort to engage in judge shopping and evidences a disregard for the Court’s limited public resources.

…a bad faith effort to harass the third-party subscriber…

…the Plaintiffs have repeatedly said one thing and done another.

The Plaintiffs’ counsel has also repeatedly said to the undersigned, and to other judicial officers of this Court, that he intends to litigate the claims he has brought. Yet to date, counsel has sued well in excess of one thousand Doe Defendants in this District, and as far as the Court is aware, he has never served a Complaint upon a single individual defendant.

 

So, essentially, Sorokin calls out Marvin Cable on his lies in virtually every paragraph of this 8-page document with a nearly 3-D hint sticking out of a flat document surface: GTFO of Massachusetts’ courts with your ill-conceived mass cases!

No matter how unbelievable it sounds, some people are so obtuse they can miss such a hint, and I have a bad feeling that our hapless troll may put on his John Adams costume once again — to entertain us and to anger judges. And it won’t end well.

Raul adds:

A great Order that will, hopefully, resonate across the country. As Booth & Sweet pointed out in their tweet earlier today, “Judge Sorokin gave Cable just enough rope to hang himself.” The Order reads like an indictment of Cable’s overreaching, lying and overall craven behavior before the court (this indictment applies to most if not all copyright trolls). The second act of this comedy will be if and when Prenda gets rolling now that the audience has been warmed up.

Media coverage
Update

12/18/2012

Judge Sorokin finally brought the hammer down on Marvin Cable today and recommended dismissing the above-mentioned cases without prejudice for failure to serve the defendants.

On 11/16 Marvin Cable replied to the Order to show cause featured in this post trying to keep these cases on life support.

Judge Sorokin was not impressed:

The Plaintiffs advance several reasons in support of a finding of good cause. None have merit. […] The Plaintiffs have no one but themselves to blame for their inability to utilize information gleaned from the quashed subpoenas. The Plaintiffs engaged in the violations necessitating the Court’s remedy by telling third parties to whom Congress has accorded some measure of statutory privacy protection (i.e., the subscribers) that the Plaintiffs had sued them (the subscribers) for copyright infringement when the Plaintiffs had plainly not sued them. Moreover, the Court did not apply the 120-day rule at that time, but rather the Court gave the Plaintiffs another opportunity to propose a discovery plan tailored, as required under the law, toward identifying the identity of the persons the Plaintiffs chose to sue. As already explained, the Plaintiffs failed to advance this type of proposal.

…the difficulties, delays and rulings in this case all result from the Plaintiffs’ actions or inaction. The Court has repeatedly given the Plaintiffs ample opportunity to proceed properly with their cases. Since the Plaintiffs filed these cases, they have repeatedly failed to advance a plan compliant with the straightforward rules of procedure for limited ex parte discovery in order to learn the identities of the persons they have sued. In light of the opportunities they have had to make such a proposal, my previous rulings on these proposals and the Plaintiffs’ conduct of this litigation, I RECOMMEND that the Court find that the Plaintiffs have failed to establish good cause to extend the deadline, and that no other reason exists to exercise its discretion to permit an extension of the deadline. Accordingly, I RECOMMEND that the Court dismiss these cases pursuant to Fed. R. Civ. P. 4(m) for failure to effect timely service.

 


¹ In Colorado, Malibu Media v. Fantalis et al docket is overwhelmed with new extremely interesting activity;    In Illinois, John Steele reached new lows in the turd of a lawsuit Guava (Lightspeed) v. Skyler Case: the hearing that took place this past Monday, and recently filed fraudulent federal cases deserve detailed attention.

Today’s surprising and Kafkaesque default judgment, as well as John Steele, who confused this blog and Twitter with a public restroom, hardly kept my mood elevated. Fortunately at the end of the day I was pointed to a hilarious document that resulted from Marvin Cable’s failure to show up on a hearing of his own motion. The opposition to plaintiff’s renewed motion for early discovery and motion for sanctions was written by Dan Booth (is there a synonym to “write” that is used exclusively do describe a poem creation?) Below I embedded the document for your enjoyment.


President John Adams
(1735 – 1826)

Poor troll Marvin Cable… Recently he embarrassed himself by comparing his questionable conduct to John Adams’s actions:

Plaintiff is reminded of John Adams’ defense of the six soldiers in the Boston Massacre, in December 1770, where he took the case despite the reputational blow to his career as a lawyer, and said, “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” Here, the facts are that Doe defendants violated Plaintiff’s rights, and federal rules allow for permissive joinder of these defendants. There are no facts, there are only speculations, that the Plaintiff is ill-ly using the Court system to fill its belly and that this Court cannot find ways to adjudicate each defendant in one civil action. As this Court respectfully noted in it’s denial of defendant’s request to recuse a judge in U.S. v. Bulger, it is irresponsible for this Court to comply to requests where parties “have chosen to make untrue accusations in the possible hope of subverting that process, or at the very least, forcing a delay of a trial by injecting a diversionary issue into the proceedings.” 1:99-cr-10371-RGS (D. Mass) at 9. Plaintiff feels this Court would agree that Defendants’ requests to sever based on tall tales or misconduct should not be complied with.

I suspect that another Adams, namely Samuel, was the inspiration of such passion.

I’m sure John Adams is turning in his grave, hearing that his noble actions are being compared to using underage pornography to extort quick cash from people who are defendants during the day but turn ISP subscribers at night. (As a weretroll himself, Marvin seemingly does not have any problem with this transformation.)

To commemorate this flabbergasting arrogance, Marvin Cable’s nickname will be “President Adams” from now on.

The brave defender of the “work of art” Dirty Little Schoolgirl Stories #4 proudly regards himself as a role model:

Another Court in this District noted there has been no report of Plaintiff’s Counsel (who is the same Counsel here in a similar case) engaging in any unethical or coercive tactics, using the content-matter to persuade people into settling. It has even been stated on the record in another Court in a similar case during a hearing (transcript for that hearing is currently being worked on by stenographer) that this Counsel (who is the same Counsel here), as opposed to many others around the country, is one of the most ethical and best to deal with. Plaintiff can nearly guarantee that every defense counsel that has dealt with plaintiffs’ counsel would agree, even those who submit fierce motions against plaintiff.

Well, Dan Booth agrees… kind of:

Note how Marvin “President Adams” Cable explained the reason why he missed the hearing: he did not check his email on a daily basis! Since courts went all electronic, dogs are dying from hunger: no more homework judge’s orders to eat. This lame excuse resulted in short but entertaining order:

Ch. Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER Setting Hearing on Plaintiff’s Renewed Motion for Early Discovery (Docket # 43). Plaintiff’s counsel failed to appear for the hearing scheduled for October 5, 2012. The Court has re-scheduled this hearing for October 12, 2012 at 10:00 a.m. in Courtroom 24. Plaintiff’s Counsel is directed to check his email notices from the Court on a daily rather than weekly basis. (Chernetsky, James) (Entered: 10/09/2012)

Update

10/10/2012
Things go fast and downhill for Marvin “President Adams” Cable. The very same case, where he compared himself to Adams, just crumbled:

Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER severing all defendants but Doe 1 entered. Beneath the cloud of rhetoric, New Sensations, Inc., raises nothing in its Response beyond conjecture to suggest that these defendants are appropriately joined together. The court accepts counsel’s representation of good faith in attempting to litigate these cases. However, under the civil rules, in fairness to all involved, including the court, these cases should be litigated and defended in separate causes of action. Therefore, the court will dismiss without prejudice defendants 2 – 201. (Zierk, Marsha)

An anonymous commenter, who brought the news, also quoted John Adams, and this wisdom can serve as an epigraph to this site:

It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, “whether I do good or whether I do evil is immaterial, for innocence itself is no protection,” and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.

― John Adams

10/7/2012
Judge Leo Sorokin is tired of troll Marvin Cable’s lies, denies ex-parte discovery.

Massachusetts is becoming too hot for copyright trolls. Lawyers, such as a veteran attorney Samuel Perkins, armed with Judge Sorokin’s ruling, continue hammering hapless young troll Marvin Cable. In addition, judges’ strong discontent with lawsuit abuse is growing. Judges Stearns, Boal, Saylor — to name a few, issued orders to show cause why mass cases shouldn’t be reduced to a single-defendant ones. I’m not aware of any case when an MA judge has been lenient to Cable and the trolling “business model” in general. True, the majority of judges initially allowed fishing expeditions, feeding Marvin’s arrogance, but note that all the known mass scams in human history initially succeeded, there is nothing surprising here. There is also nothing surprising and wrong when a judge changes his opinion after he understands the situation¹. As I noted many times, this is not a sign of weakness but wisdom.

These days another scammer, Daniel Ruggiero, who represents John Steele’s Prenda Law, files dozens of frivolous cases against individuals on the East Coast, including Massachusetts². I think that MA is his biggest mistake.


Federal Judge
William G. Young

This week District Judge William Young added an especially excellent page to the Troll Exterminator’s Guide. This is one of the rulings that will be quoted widely, not less than the famous rulings by judges Brown, McMahon, Write, Baer, as well as other classical examples of responsible case law building.

The Court acknowledges without reservation Third Degree’s right to assert copyright protection of the Film and to sue individuals who infringe on its intellectual property. But after a careful weighing of the balance of potential injustices in this case and like cases, the Court determines that any efficiency gains and cost benefits to Third Degree from joining the Doe defendants in a single action are substantially outweighed by the fairness concerns and inefficiencies at trial, the potential prejudice from what seems to be a developing pattern of extortionate settlement demands, and the evasion of thousands of dollars of filing fees.

As a result of rulings like this being quoted extensively, corrupt pro-troll DC judges will be in a greater and greater isolation, and a judge who deals with trolls for the first time won’t think twice before doing the right thing.

Enjoy the entire Memorandum and Order:

Thanks to Nicholas Guerrera and Jason Sweet for keeping me updated and bringing good news. 

Update

10/16/2012
Today Judge Young severed Does from three of Marvin Cable’s cases, leaving a single Doe per each case:

  • 1:12-cv-10535-WGY Third Degree Films v. Does 1-80 filed 03/23/12
  • 1:12-cv-10762-WGY Third Degree Films v. Does 1-47 filed 04/28/12
  • 1:12-cv-10763-WGY Third Degree Films v. Does 1-39 filed 04/28/12

 


¹ Thanks to MA Doe defendants. Unlike in other states (except maybe for Florida), per capita rate of talented IP attorneys in Massachusetts is astounding. I plan to redesign my Resources page and list defense attorneys on the state pages: visit the Massachusetts page in a while to see the list.

² I plan to write about Ruggiero’s sanctionable activities soon.