Today one of the defendants in Clear Skies Nevada v Does 1-30 (ILND 15-cv-06708) filed a third-party class action complaint against the plaintiff (CSN), two copyright troll attorneys from a Chicago mid-sized lawfirm “Hughes Socol Piers Resnick & Dym, Ltd.” – Michael Hierl and Mark Cisek – and two Guardaley’s “experts”: a fictional character Darren Griffin and a German national Daniel Macek:
[…] Plaintiff uses German corporations and/or German nationals, claiming they possess “expert qualifications” they do not, so as to complicate and discourage depositions and discovery. […]
The complaint is kind of emotional: the defendant’s attorney Lisa Clay tells a gruesome story of her client – a 62-year-old African-American lady of very modest means (“She lacked the financial means to obtain proper medical treatment for her symptoms”) and two ethically challenged attorneys, who harassed her for months, trying to extort a couple of thousand dollars from her, threatening with a possibility of insane maximum statutory damages ($150,000) – all without sufficient evidence:
Hierl and Cisek, with the knowledge and consent of co-conspirators CSN and German John Doe [Griffin/Macek], and more importantly, with the knowledge that evidence provided by German John Doe is insufficient to meet evidentiary standards, filed suit against 360 anonymous Does in seven cases filed on June 29, 2015 and eight cases filed on July 31, 2015.
In the beginning, the defendant understandably thought that she was a target of a scam, failed to respond to the allegations¹, and default was entered against her. This default was later set aside, and the Answer was filed yesterday.
Accusations presented in this complaint are hardly new to the readers of this blog. The defendant alleges a conspiracy to improperly prosecute copyright infringement (including theft by deception, deceptive practices, barratry, and maintenance). The defendant claims that the Germans seeded the allegedly infringed film Good Kill – a kind of an allegation that resulted in a criminal indictment against copyright trolls John Steele and Paul Hansmeier.
Upon information and belief, CSN, German John Doe(s), or one of his/her/their agents seeded a copy of Good Kill after copyright protection was requested, but before the movie was released in American theaters. The date on CSN’s Certificate of Registration is February 27, 2015. The first date of alleged infringement on an exhibit is April 4, 2015, at least a month before the movie was released in theaters.
Upon information and belief, CSN and its co-conspirators intentionally released Good Kill into the bit torrent environment knowing, authorizing and inviting its copying and distribution.