General
Updated Motion to Quash or Modify Subpoena
A couple of weeks ago I published the Motion to Quash or Modify Subpoena template that this blog’s reader, Sy Ableman, created. Yesterday he emailed an updated version with the following explanation:
Hi Jane,
I’ve gotten quite a few emails from people who have used my motion to quash template, and I’ve also read responses from Steele Hansmeier that readers have forwarded me.
Some funny bits in their responses, such as “The list of permissible grounds for quashing or modifying a subpoena does not include ad hominem attacks See Fed. R. Civ. P 45…” in reference to the part in my motion about their abuse of the litigation system, which I didn’t even write. It came from a decision I quoted, that was written by a federal judge who presided over one of their BitTorrent lawsuits.
One thing made me want update my Motion to Quash template. The responses always claim that the BitTorrent protocol behaves in a different way than the other filesharing protocols used in earlier cases which were severed for misjoinder. This simply isn’t true. As I mention in my updated motion to quash:
… the analysis [does not] change because the BitTorrent protocol works by taking small fragments of a work from multiple people in order to assemble a copy. Nearly all of the older protocols in the aforementioned cases work in this fashion. Kazaa, eDonkey and various Gnutella clients (e.g., LimeWire) have incorporated multisource/swarming downloads since 2002.
I’ve also added some more lines to the list of BitTorrent cases severed for misjoinder, and some additional quotes from judges who have denied SH’s discovery.
I would like to encourage your readers, in the comments section of where you post this, to add cases and quotes from judges which I did not include.
Thank you, Sy Ableman!
Click to open or download the updated document: MOTION TO QUASH OR MODIFY SUBPOENA (updated).
(If your word processor does not understand Open Office format, let me know: I’ll convert and upload this document in other formats.)
Also, I think it will be helpful to see trolls’ responses to motions based on this template, so defendants could modify their motions accordingly. Please point me to those responses, and I will fetch them from Pacer, upload to Scribd and post the links here.
Fight © Trolls 
Help! I got a letter from Patrick Collins, Inc. and K-Beech, Inc. v John Does 1-1003.
Lipscomb Eisenberg & Baker, P.L.
Can I just modify it accordingly, sign it John Doe, and mail it off? Or do I need a lawyer to do this?
I definitely don’t want my identity revealed.
Help!
I got the same letter. Even the IP address is not mine and I don’t live in Florida. Is there any danger?
Does anyone have a letter customized for this case? I’d love to do my part and submit it to the court. I have been named and I’m receiving calls. I’ve not answered any of them yet.
It was filed in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida
It depends on court. I would try without a lawyer first, at least one that wouldn’t work for free. My anonymous motions were filed, yet finally did not work, but there were cases when a motion to quash anonymously filed by an individual worked (Illinois, judge Shadur). And remember: troll has to file a reply to every motion. That translates to delays, and given the growing awareness of this fraud among judges, time does not work to trolls’ advantage.
In any case the probability that your name will be revealed in a court document (i.e. you are named in an amended complaint) is very low. Even if your ISP gives your name to the troll, he will try to harass you privately in order to coerce a settlement. Yes, he will threaten to publish your name, but most likely he will not do that.
Trolls prey on those who are easily scared, and usually don’t go after ones who ignore their threats – they are happy to collect ransom from only a part of defendants to justify their “investment”, and pursuing those who refuse to pay is too much hassle for them – it is easier to file a new lawsuit and wait for easy prey.
Good luck. Let me know the outcome.
One thing that I haven’t heard much about is why the ISP’s are saddling their customers with this. Quite frankly, the subpoena was served to the ISP and they should fight to keep their customer’s information private. They have the resources to fight this properly.
My understanding is that Time Warner has fought these subpoenas in court instead of placing the burden on their customers. I’m no fan of TW in general, but when this is over I will send my ISP (AT&T) a letter cancelling my phone, internet, and mobile services, along with a detailed letter explaining exactly why I am doing it.
I’ve had my identity revealed by my ISP and I’m getting calls from them wanting to know who my lawyer is. I haven’t answered any calls from them and don’t intend to. Can I still file a motion to quash? What can I do to make them pay with time and delays? Thanks for all your great advice.
Thanks for the reply! I’m fighting it… This weekend is Motion writing time. I may (likely) send it to you and would love some feedback. Thanks!
I got the same or similar letter. Does your letter identify the movie? I searched for the case number and came up with nothing.
No movie name. Just letter. I think we should all file motions for quash for lack of jurisdiction. I searched the IP addresses they sent me, and only 10% reside in Florida.
No movie title. We should all file Motions to Quash using the letters here! I am!
http://www2.miami-dadeclerk.com/civil/Search.aspx (the 2 after www is important), Middle Tab – Local Case Number, and enter Year: 2011, Seq: 18746, Code: CA, Loc: 1 and you will be able to see the page listing the information on the Patrick Collins, Inc. and K-Beech, Inc. v John Does 1-1003 case. Clicking Dockets gives the motions filed but they all appear to be for the plaintiff, as no one has seemed to successfully filed anything by the Aug 15th subpoena deadline. Hopefully people with this case who couldn’t find it can now and other people can start defending.
Thanks, Does anyone know what the complaint is? All I see are the motions in the dockets and no information about what the actual grievance is. I was unfortunate in that Fedex left the initial letter on my porch and I wasn’t able to reply before the date to keep my identity anonymous. I’ve now gotten a couple of calls asking for who my counsel is. What can I do?
I have filled out the motion to quash template to correlate with my specific case, do i mail it to the court on the subpoena? Court case is 11-cv-02534-MEJ fyi…
I have to get it to my ISP by 8/16! Somebody please help!
Since I answer these questions over and over again, I’m working on the FAQ update. Meanwhile refer to my filings.
Note that the same judge was on my case initially (Maria-Elena James), so you can copy the address from the envelope (Docket #25/2).
It is advisable to add a proposed order to your motion (browse other cases’ dockets on my Scribd and elsewhere).
Don’t forget to send a copy to your troll (you don’t have to send a copy of proposed order to him) .
Don’t use your real name. Specify email address.
Ideally send from a location far from your home, you may ask an out-of-state friend to re-mail your motion.
Did you file your motion to quash? How was the outcome?
Here’s how to force the Trolls back into their dark caves:
Most MTQ’s (ie Motions To Quash) will fail for one or more reasons and although they’re a time- and money-consuming drain on Troll resources (so don’t let me dissuade you from proceeding) they’re mainly a delaying tactic.
Look at this too –
TITLE 18 > PART I > CHAPTER 41 > § 875
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000875—-000-.html
Since I’m not a USitizen, I’m STILL unsure whether you should lodge your complaint (with evidence please) in the 1st place to –
1.
Mr J Cole, Esq.
Office of The Deputy Attorney General,
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
http://www.justice.gov/dag/
2.
Your own State DAG
http://www.justice.gov/usao/about/offices.html
3.
Your local FBI Field Office
http://www.fbi.gov/contact-us/field/field-offices
or 4.
Your local State Police Office.
But you should ALWAYS quote the above item of law, AND you MUST take letters or email evidence of the “letters of extortion”.
If you’re contacted by ‘phone NEVER admit to anything, but PLEASE take a written note of the date and time of call, who called and what was said.
My advice is –
1. to put everything in writing to law enforcement (including your original complaint & request for investigation by them);
2. keep a copy for your own records; and,
3. send a copy of your letter or email to the Troll and (where appropriate) to the Court stating you await a response from law enforcement regarding your written complaint and a decision based upon their investigation.
My subpoena came from Arizona Superior Court. My ISP will not release my account information if I get a lawyer to file with the court a written objection to the subpoena by August 26, 2011. Before proceeding, I want to know if submitting a motion to quash will serve the same purpose as getting a lawyer to submit a written objection to the subpoena? Or should this be a question I need to submit to my ISP? Help Please!
Does it really explicitly requests that you need a lawyer to file a motion to quash? A motion to quash most likely won’t work (though it may depending on judge) but it worth trying. Yes, having a lawyer at this stage definitely better than moving forward pro se, but… do you really want to spend money at this early stage? Many people filed motions to quash themselves. Please read the FAQ section: I did my best to explain what and why you should do (in my opinion of course – use your judgement!)
Note that ISPs are not happy about all this stuff and they are very reluctant to do extra work matching IP addresses to names, but they are pressed (and sometimes threatened) by trolls. Therefore ISP will use any excuse to postpone the work. If they receive a copy of a motion to quash, they will definitely put the matching work on hold.
Thanks for the confidence builder, “It’s motion writing time”! About to get another email address and send in motion to squash. I’ve seen the updated motion to quash, but I’m somewhat confused about proposed order. May I submit to you my motion to quash, I would appreciate you expertise in this matter? Thanks!
No need to submit a proposed order with this motion, unless you somehow know exactly what the judge will want to say in the order. It’s not a requirement. Just make sure to send a copy of the motion to Plaintiff’s counsel and your ISP.
Help! My subpoena came from The McDAniel Law Firm, PC, NJ. Lawsuit is againt John Does 1-X, paperwork provides table with Does 284-299, I am assigned as no. 286. My ISP will not release my account information if I motion to quash subpoena by Sep 12, 2011. I need good motion to quash subpoena template. Can you publish more templates than one which is avilable on websites. I have feeling that this template does not fit very well to my case because it is about California’s cases. I have absolutely no experience in this matter. I would like to file a motion to quash without attorney help because of financial reasons. I really appreciate any responses.
You can still use the same template. Just change the introduction or remove it entirely. The introduction is about Steele Hansmeier specifically and their cases in Illinois and California. It’s definitely not all-inclusive of all the copyright troll suits that have been thrown out for improper joinder. Look at Evan Stone’s cases or the cases from last year in West Virginia:
https://www.eff.org/cases/west-virginia-copyright-troll-lawsuits
The argument part of the motion references the RIAA cases which have set the precedents for severing these improperly joined cases. That’s the part you need.
Thank you very much for advice. Now I have better idea how to wright the motion to quash.
What should I do if I already was given the settlement letter from k beech and they have my name?
How much they want?
$2000.00
There are many valid and good uses for a piece of quality paper this letter is printed on. I think I should start an origami section.
Seriously, since there is a small (very-very-very-very small) chance that your troll will name you in an actual lawsuit, I can’t say that ignoring letters and calls will get you off the hook 100%. I estimate that nothing will happen if you just ignore the threats with 99% probability. Think about it as of insurance. Would you buy a $2,000 insurance covering an injury from a caw falling on your car from a cliff? I wouldn’t. I would pay $1 for such a policy just for fun of doing it, but $2,000???
I see that k beech has 14 of these types of law suites. What should I tell the collector on the phone, I have alredy been in contact with them to see what this was all about. He has said that if we do this now, its $2000. If I wait it will be $3000, then $3750. HOW do I even know that they hold the copyright to this movie.
This is not a collection agency, this is troll’s firm representative. A collection agency cannot demand anything based only on unproven allegations.
Naturally they use multiple tactics to wrestle you into paying, and increased settlement amount is just one of these tactics (it was condemned in UK officially).
I hope you did not say anything that possibly can be used against you, or anything at all. Even if you did, you don’t want to make the situation worse. “Stop calling me, I can’t help you”, hang up. Don’t pick up subsequent calls. Read my post “why you shouldn’t talk to plaintiff’s lawyer” and the follow-up.
Hello everyone. I received a letter from my ISP (Comcast) today alerting me that Hard Drive Productions, Inc. has filed a federal law suite in the United States District Court for the District of Columbia against Does 1-1,495. The infamous John Steele is behind this one. I haven’t found anything on the web for this particular case (1:11-cv-01741-JDB) so I figured I would start here. Thanks for providing all this information, it’s definitely been comforting. I don’t really know how this case compares to the others, but I’m assuming my best course of action right now is to send a motion of quash?
John Doe,
My first recommendation to you is browse around this blog and get all the information you can find. I can guarantee it will definitely help. Second, get an account with Pacer. Just google it. This is the federal courts document filing system. As long as you stay under $10 dollars per quarter all charges will be waived. They charge .08 cents per page. If you are only looking into the case you are involved in it probably won’t cost you anything. I’m just like you. I came here knowing nothing and scared shitless. Now I’m not worried at all. Just know that YOU ARE NOT ALONE. I am not an attorney and will not give advice, but your assumption is correct. Look around and you will probably be able to find a template that suits you best. Best of luck to you.
Drown The Trolls
It seems most of the cases discussed here are smaller cases. Since the case in my letter has almost 1500 Does, doesn’t that mean it will be harder for the plaintiffs to track everyone down? It’s obviously going to be a lot of work calling and mailing out settlement letters to all those people let alone bringing some of them to court. Am I wrong in assuming this? What would be the next step in a big case like this one?
Have you found a good template for sending a quash? I just got a letter for this exact same case today and haven’t found one.
JD,
I have not found one. I think I’m going to contact an attorney though.
The one thing I can’t find online is what happens after they call you and send you letters requesting settlement. If you ignore them don’t they have 3 years to sue you? I don’t think I can live in fear that long…
I also received a notice from my ISP regarding this case.
I am currently reading through tons of info here and trying to determine the best course of action. Created a PACER acct, but nothing other than the initial item was listed so far. Please update with anything you find out or docs which may help. The filing was certainly not local to me, but I’m not sure if that matters.
Hi John Doe,
I also received a letter from Comcast from the same plaintiff. I would like to file a motion to squash, but I don’t have the expertise in writing a good one. How are you trying to find an attorney? I looked online, but I don’t know what to look for in a good attorney for a case such as own.
I got a letter from Comcast on this case (1:11-cv-01741-JDB) as well 😦 Looks like they just started mailing out the letters to the ISP customers, so we will likely hear from more people affected by this. I was thinking of sending in the motion to quash posted by sophisticatedjanedoe. Although that one is for a case in CA, and needs some modification. If anyone has already done that, please share it with us.
One question I have for the more experienced members out there is – since this is listed as a FEDERAL lawsuit in US District Court in DC, does the “I don’t live or have any business in DC” line of reasoning still work? Or is that argument only applicable for a state/local lawsuit?
The best motions to quash appear to be on the DieTrollDie blog (http://dietrolldie.wordpress.com/) and the example from attorney Graham Syfert (http://www.syfert.com/publicfiles/). There are other examples out there as well. Any motion to quash would need to be modified for your specific case and situation.
In addition to a motion to quash, you might consider a motion to disjoin on the basis of misjoinder. These cases have pretty much been disjoined regularly because of misjoinder, meaning that all but the first Doe is dismissed from the case.
Another motion would be to dismiss on the basis of lack of venue. This case appears to have mostly individuals who are not residents of the District of Columbia. The plaintiff has to sue you in the district of the federal court system where you live (or frequent). They have your IP number and they know how to use IP geolocation services, so they should have filed in the appropriate court.
All i can rember talking about is that maybe someone was using my wifi connection and it wasnt aware of it and it wasnt me. I had also said a “what if” it was someone i knew? He said that I should go after them and sue them for the $$$. I never said that I did it or claimed I did, only that I will look into it. I did say that I dont know how all that stuff works. I have a lawyer that I deal with and said he will get involved if needed. Is that a good idea?
If you did not say anything affirmatively, you are fine.
Also since California is a so called “two party state” regarding phone conversation recording, trolls can’t record a conversation without your consent, and their oral interpretation of a conversation is not an evidence. But it does not mean you can say whatever you want – trolls test if you can be manipulated and wrestled to settle. Be firm, just like with a school time bully.
You may keep saying to your troll that you are looking for a lawyer and not willing to discuss anything until you find one. But frankly, just ignore these scumbags – they sound scary but they are bluffing – they don’t have any sufficient, court-grade evidence.
As for a lawyer, you don’t need one at this (and most likely final) stage, unless he costs you nothing or little.
the troll called back and left a message on voice mail, says the time has passed and now we need to re-negotiate. Should I call and listen or ignore and wait for the letters to come in the mail or have everything done through my lawyer? The lawyer is a good friend of mine and will cast nothing to get involved. BTW this is the case info http://www.rfcexpress.com/lawsuits/copyright-lawsuits/north-carolina-western-district-court/78547/k-beech-inc-v-john-doe-1/summary/ THANKS FOR ALL YOUR ADVICE so far
My opinion is unchanged. Ignore. Don’t show any hint of willingness to settle – these predators smell slightest doubt like jackals smell rotten meat.
Now about lawyers… Lawyers are not aliens; they are professional people as most of us are: there are good and bad among them, both professionally and ethically. Therefore I despise both extreme stereotypes: “all the lawyers are scumbags/bottom feeders” and “a lawyer knows everything about the law and can help me with any legal issue”. If your friend is a lawyer, it is great, and possibly he can give you some advice that otherwise would never pop up in a non-lawyers’ head (or most likely can prevent wrong steps). But society created so many laws and interpretations that it is impossible for a human skull to host even a fraction of them. So it is imperative that your lawyer friend practiced copyright law and that he spent enough time researching this particular new phenomenon – peer-to-peer copyright trolling. Case law is being created as we speak, and if a lawyer does not follow new trends in this particular area, he may be not such a great help. I talked to many lawyers recently and saw the entire spectrum of opinions: from very useful and insightful to plain wrong.
So sure you should talk to your friend if it costs nothing, but think critically and do what you think is right. Your friend and I are just a bit more informed sources for your educated decisions, but by no means are paragons of wisdom.
my lawyer friend is only there to get involved if needed. He wants me to tell them to stop communicating with them and if needed to have all communication go to his firm. sort of my mouth peice. what do you think will happen next? if i ignore all the calls? should i have them send all letters to the law firm?
For me I completely ignored them. I didn’t even pick up the phone from anyone I didn’t know. Don’t even talk to them.
They really don’t have a case against you. They make you think you’re Guilty and must prove your innocence or just pay them to go away. In truth, you are innocent and they must prove you’re guilty. All they have is an IP address that they think was downloading their material. You are not an IP address… they need to prove you were the person behind a computer downloading the file. How can they prove that someone didn’t brute force their way into your router.. or spoof your IP address.
Yes, exactly. Thank you.
I will take all of your advice and ignore and see wahat happens. thanks and I hope this all just goes away.
Today my ISP called to let me know they received my motion to squash but wanted to know if I submitted two copies of my motion for the Court to acknowledge receipt to them. No I did not send two copies, all of this is new to me. I called the Superior Court of Arizona and also found out that a $200.00 filing fee must accompany my motion to squash. I was told that the civil filing court office must file my motion before Judge can view. Is this the reason why motions to squash fail because the Judge never see motions to squash.
You don’t have to send two copies to the court, I don’t understand why; yes you should send one copy to the court, and one to the plaintiff. You just want to make sure that court receives a motion — either by sending certified mail with a return receipt or just waiting until your document appears in the Pacer.
As for $200 fee, I never heard about this. Theoretically courts may impose their own rules, but again, this is the first time I hear this. If this is true, it’s outrageous and maybe unconstitutional that a defendant should pay to merely reply to a potentially bogus accusation. Maybe this fee applies to the plaintiff side only? Anyone else encountered non-free filing?
i’ve just checked the filing fees charges listed on the internet for civil court (Superior Court Arizona), their was not a listed fee of $200. Maybe I called at a bad time, the civil administrator told me that the “civil filing court office was busy,” before transfering my call. I’m hoping a mistake was made. In California’s Court filing fees for “Amend and Motion” their is no charge. I couldn’t find Amend and Motion on Arizona’s listing of fees charged.
I told my ISP, “I would call back after contacting Arizona Court,” concerning submiting and extra copy to be used to send back for proof of receipt. It was close to closing when I called and maybe the person I spoke with in Arizona civil court offfice, made a mistake. I will call back again Monday, because ISP has given me until next week to have proof sent back. While on the internet, I checked fees charged by Arizona Civil Court and I couldn’t find a $200 fee for submitting (Amend and Motion) as I did for California Court.
I’ve rechecked civil court fees charged and found out that to file a complaint cost $301, to answer cost $233. My motion to squash was received Sat. morning but will be trashed because I didn’t include $233 filing fee. Very frustrating!
California Court do not charge for Amend and Motion. I forgot to mention before posting.
I am also in the Patrick Collins, Inc. and K-Beech, Inc. v John Does 1-1003 case. I feel I have been screwed by my ISP They received this subpoena on Jul 27th. I didn’t even get it in the mail until Aug 16th and didn’t open it until Aug 24th because I already received my bill for the month and they always send junk mail. I have been trying to find a lawyer for the last week and Might have just got my foot in the door to at least the right Lawyer. I am worried since I had until Aug 26th to file the motion to quash to them and Plaintiff Lawyer. They probably have my name and Address now. I am worried I will get a random warrant and get arrested out of no where. I never answer my phone to unknown numbers or numbers that don’t leave voice mails. I have no idea if they have been trying to get a hold of me or not. There has been a number that has called em a few times but no voice mail. I need to know about the warrant part of this whole thing. I mean the subpoena was sent to Cable One not me. So it was basically saying they would be arrested. You can’t send my ISP a subpoena and they send it to me with a letter telling me I have until this time to attempt to quash it. If i don’t comply a warrant may be issued. I heard on a federal level this isn’t even allowed. So they couldn’t send out a felony warrant could they? Because misdemeanor warrants cannot be extradited. I mean this is ridiculous, The plaintiff is from California, the lawyer is from Flagstaff,AZ, and in Subpoena it says to send to Florida the letter. what the hell is this bs.
What are you talking about? We are not in North Korea, and this is a civil case. “Felony”, “misdemeanor”, warrant” – these words are not applicable here. Relax, no one can possible arrest you or search you in the middle of the night.
This kind of fear is exactly what trolls want – to scare you to death so you could cough out a couple of grands. Bullshit, extortion and pure bluff.
Go on with your life, just ignore racketeers. They have nothing against you. Nothing, only your fear. You are doing right by not answering the phone. Just continue doing it.
I had to be hospitalized, and I’m back home now. My sickness had nothing to do with this case. I was concerned about not getting my motion to squash in and also being the only one to have submitted in Arizona. I believe my ISP was trying to help me when she requested me to submit an extra copy. We did not know about the $233 filing fee. I don’t believe any motions to squash were submitted from my group to Arizona. Did anybody submit a motion to squash with $233 filing fee in Arizona?
As sophisticatedjanedoe said, “you don’t have anything to be worried about.” If you check the papers sent by your ISP, they have until Saturday (3rd) to reply. If you look at the FAQ in the upper left corner of this page, a lot of your questions will be answered. If your lawyer has submitted a motion to quash to our ISP, you can call the following number and talk to the person gathering information to submit in this case 800-670-1468 (Very Cooperative). The deadline was the 8-26-11, nevertheless, your motion to squash will still be recognized. However, when filing for the first time it will cost $233.00 with the filing clerk. (Special Shot-Out To SophisticatedJaneDoe-I will sleep tonight with a smile because of YOU!)
So do I have to try and quash it still, or can I just keep ignoring them and not worry about it? I don’t have $233 dollars to file it. I think that’s ridiculous that you have to pay money to do something that you have not been convicted of yet? Something should be illegal about that alone.
You will be just fine if you ignore any attempts of communication. Again, speaking statistically: there will be always a chance of thing going wrong, but it is always a chance of a traffic accident.
I totally agree that it is grossly unjust to allow trolls filing hundreds and thousands for a single $350 fee and requiring a comparable payment from a single accused.
I got letter from Comcast and The McDaniel Law Firm, PC, I need to fill motion to quash Subpoena. I have to send this to the US District Court of New Jersey but they have 3 addresses. Which I have to choose?. Do I also have to send copy of my quash Subpoena to law firm?
Please help
I was unable to open your template. Please provide a link. Thank you!
Try this – a MS Word format. With what application you are trying to open this template?
Any chance there is a similar document for the Hurt Locker case against UCG? It would probably be good to bring up the recent dismissal of the Expendables case, no?
I got an subpoena by comcast through UPS from K-Beech, Inc. My case from searching online in my state and everybody involved in my case is from my state. Around 70 people, I just dont know what to do. I downloaded your Motion to Quash template and going to try and get it to work for me and send it in. But you say they go after you even worst if they find out it was you who sent it.
I am basically just worried with what will happen, I dont want to be served with an summons. Anybody know if K-Beech does pursue that option regularly ? I dont have much money for an attorney. From reading people say ignore but what are the chances that you ignore and get an summons ? Should I motion to quash or will that make it even worst ? Im from pennsylvania I dont know if that makes it worst or not 😦 I know you say trolls are here to scare us but its working so far to me
Don’t ignore the letter from your ISP, ignore the settlement demand that follows.
Just don’t put your name on the motion to quash, and you should be fine. You want to prevent them getting your name and address.
By not ignoring the letter from my ISP is basically just sending the Motion To Quash right ? I read the FAQ and says to send to the plaintiff and to send it to him from a friend out of state. I dont have one who could do this for me. Is it needed to send the Plaintiff the Motion to Quash also ? And is it fine to send the court the motion to quash from your home address ? I am really confused on this entire matter, I dont even know what I did.
From the forums Ive read other then this site they say to pay the settlement or if they take you to court you can be charged alot worst. Which I really dont want to happen. I also read the court wont take a Motion To Quash if you dont include your name they will deny your letter. Also if you ignore the settlement can they still come after you years later ? I thank you all for this site, its really helpful. Alot of forums I been on seem to say different then this site though which is getting me worried.
Sorry for not keeping up, I’m currently busy at work. Thanks to DieTrollDie for replying. One note (and I’ll add it to the FAQ): there are cheap remailing services, will cost you only $2: here is one of them.
As for those who advice to settle as soon as possible, do you mean this one? it’s just a single fraudster spreading fear around playing along trolls’ desires – I’ll write about him soon. Don’t heed his advice.
Anonymous, If you don’t at least try to send a “Motion to Quash” to the court, the Copyright Troll will likely be granted a subpoena for the Internet Service Provider (ISP) – your subscriber information (Name, Address, telephone number, MAC address of your system (Router or Computer – it depends). Next the Troll will send you one of those wonderful settlement letters with a short suspense date for you to agree to. The telephone calls will follow :(. The Troll doesn’t care that “I dont know what I did.” Their position will be “YOUR FAULT – PAY NOW – PAY FAST – KEEP YOUR MOUTH SHUT”
As far as sending the Motions to Quash to the Court and a copy to the Plaintiff, Try to find someone in another State or at least a city far away. The reason is the Court may keep the envelope with the Postmark (City & State) from which it was mailed (public record now); The Troll will get it directly. For the case your under, how many John Does are there? The larger the case, the harder it will be for the Troll to pinpoint who possibly sent the John Doe Motion to Quash. The letter your ISP sent you should have a copy of all the IP addresses the Plaintiff is seeking subscriber information from. Do a “WhoIs” lookup of the IP addresses to see some the Cities & States are. If this is a recent case, it is likely they are all in the same State. Try this site: http://whois.arin.net/ui/ Just enter the IP address in the “SEARCH WHOISRWS” box and hit return. Example: 72.22.30.123 comes back registered to Consolidated Communications, Inc., Mattoon, IL. Funny how easy it is to do this. The Trolls for some reason could do that for their early case and lumped everyone together.
Will the court accept your John Doe Motion to Quash? The “Court” (Judge) is an individual and will weigh your words against what the plaintiff has to say. He will make up his mind based on his knowledge, case law, and the specific circumstances. This is a subjective matter and each judge is different. Better to try and fail, then not try at all. Even if the judge doesn’t rule in your favor, the information on what the Troll is doing is planted in the Judges mind. It also ties up the Troll in trying to defeat these motions – cost them money. Trolls love their money and hate to spend it to fight us – goes against their business model.
The Copyright Trolls like to point out how bad it will be if you don’t settle. Keep reading all information you can and you will see that they haven’t taken anyone to trial yet – they don’t want to! They want you to settle. My advice as a layman is to try a Motion to Quash. If it doesn’t work, expect a letter and telephone calls. DO NOT CALL THEM OR REPLY TO THEM. If you are ever officially named in the case and served with Court papers, then get a lawyer. DO NOT IGNORE OFFICIAL COURT DOCUMENTS. To do this will give the Trolls a “Default” judgment against you. This situation is highly unlikely based on the record of all the Trolls out there. If it ever gets that far, your lawyer will be able to negotiate a settlement better than you will. Read these posts –
https://fightcopyrighttrolls.com/2011/08/09/why-you-shouldn%e2%80%99t-talk-to-plaintiff%e2%80%99s-lawyer/ &
DieTrollDie – My Blog
Thank you for the words DieTroll Die. What I dont understand is if I send my ISP, Court, and Plaintiff the Motion To Quash, how will my ISP know to keep my information Private if it doesnt include any information about me ? Or do they keep all there customers private until the court decides ?
I actually found an PDF online about my case, it wasn’t an letter that I got but listed all the IP’s and Townships that the IPs are from, which are pretty close to my location. It also stated that they want a jury and 150k from each defendant and the copyright material to be deleted from each of the defendants computer and alot more stuff it had in it. Finding that “document” is what got me more worried.
Thanks alot for the advice, I find it odd they do this. Is this why they group people together into 1 subpoena ? So it cost them less money ? Also I think I may have a friend who lives about 30 miles away who would send my Motion to Quash I hope that is far enough to be safe. You guys are the BEST !
The ISP will know who you are by the IP address. Until the court addresses your motion, the ISP should not release your subscriber information. The ISP’s lawyers don’t want you to bring suit against them for an unauthorized release of your information. If all the IP addresses are in the same general location/State, IDing you will be harder for the Troll. If you wouldn’t mind, please send me the case # to my email address at my Blog (http://dietrolldie.wordpress.com/about/). You are right about grouping people together – saves the Trolls money. They are starting to separate them accordingly, as John Does submit motions to dismiss based on improper jurisdiction and joinder.
I got a phone call today from k-beech. I was away on vacation when the motion came and the date to file a motion had already passed. So they have my information already and I have spoke to them once. The suit is against my father who would not know how to download a movie if his life depended on it. The told me 2 movies were in question and it would cost 3500 each. If I decided to get a lawyer I would need and IP lawyer and it would cost 7000 or more to retain him. Does anyone have any advice on this matter now that they have a name and such? Should we retain council? Would it make any sense to have a lawyer friend handle it even if he is not an IP lawyer? Thanks for any inmput in advance
Larry, I understand your situation, I was there, seen that. And I don’t blame you for not looking around first. FAQ answers your questions. If you have further questions (because of my poor job putting FAQ together – it is not sarcasm, I’m really not happy since I receive a lot of questions I supposedly answered) don’t hesitate to ask.
In short, I advise to ignore calls and letters unless these are letters from court (summons), and the chance it will happen is very slim. Even if it happens (again, probability is less than 1%), you are just fine unless you made self-incriminating statements. They don’t have sufficient evidence otherwise.
Larry, was the call actually from K-Beech? They are the actual movie production company in CA. I know of one recent case where a PA legal firm is handling the the infringement case covering 78 Does in the Eastern District of PA for K-Beech. I’m reviewing the initial compliant and in my limited opinion it is weak! As the judge handling this case probably doesn’t have a great knowledge of the trolls, he will likely grant any subpeona. I will be posting a review of it and asking some of our subject matter experts to review and comment. DieTrollDie (http://dietrolldie.wordpress.com/)
Larry and other Troll fighters,
Here is a link to a post of mine dealing with a K-Beech case in PA. I did an intial review and think I found some interesting points. I would love any feedback you can give. Thanks – DieTrollDie
I was a bit taken back by the call so I called back and asked her for the company name number and location. She said it was K-beech and it was out of Florida. She mentioned they have a court date scheduled already but I guess it was to see a judge there in the matter to see if they could proceed. She was quick to give me settlement amounts and approximations or how much a lawyer would charge as a retainer to represent someone in such a case. I said I would go over the information and get back to her. She asked for an email but I figured she already had enough information that I did not need to give her another way of contacting about the matter. It was almost 7 pm when she called and I found it odd cause most firms handle business during normal business hours. I’m hoping they are not grated permission to continue due to lack of real evidence. I guess only time will tell. She has not contacted back again but Im guessing this will not be the last of it. Thanks for the links and the advice! I read through the other k-beech case so I guess that judges are actually let them proceed in the suits. Hope that a few good losses in court send these bottom feeders out of the business!
I am not the named in the case so my statements would not be incriminating but I did not say anything to give them fuel. I did call back to get the name of the company so I can use it to google it and find infrormation such as this message board. Sorry I did not check out the FAQ page I was a bit wound up over all this. They said if I lose in court it could be 30 k an incident so I started looking as soon as I got the call. I guess I can expect some more calls that I will ignore and hope that in a few months they will realize we don’t want to play in there games. The whole process is a bit odd to me. They sue several people at once or atleast pretend to. Would a judge seperate judgements to each person named? Thanks for all your help!
i need help too but does anyone have a copy of motion to quash subpoena i need to get one by monday and i dont know even how to start one please help
There is a case taking place at the moment which can be found at the following link.
http://apps.collierclerk.com/public_inquiry/Case.aspx?UCN=112011CA0011980001XX&CT=CV
Not too sure what the dockets are saying thus far but it appears to be similar to above cases.
Thanks for posting the link to that case. I also found 3 new “K-Beech” cases in Colorado, all filed on 8 Sep 11. The thing about these cases is they are ALL single John Doe (only one IP address)! The attorney for K-Beech for these cases is Jason Kotzker, KOTZKER LAW GROUP, 10268 Royal Eagle Street, Highlands Ranch, CO 80129, Phone: 303-875-5386. The movie in question is “Virgins 4,” the same one as the PA case I just did an intial review on. Link to my review – http://dietrolldie.wordpress.com/2011/09/09/review-of-pennsylvania-case-11-cv-05060-filed-8-aug-11-k-beech-inc-vs-john-does-1-78-please-review-and-comment/
The CO case numbers are 1:11-cv-02370-PAB, 1:11-cv-02371-CMA, & 1:11-cv-02372-MSK.
This troll is in my Twitter list: https://twitter.com/#!/fightcopytrolls/copyright-trolls/members. A month or so ago a received an e-mail from a troll victim who told me that he contacted Kotzker for possible defense (Doe lives in Colorado and was targeted by one of Northern California trolls). Kotzker replied that he would take this case, but by that time my respondent already found out that he contacted a wrong guy and sent him a nasty email. Surprisingly, A. Kotzker replied saying the same bullshit that good lawyers represent both sides, and even wished good luck. What a hypocrisy!
Great information from both! Would either of you be willing to clear up what the Motion to Quash means in case http://apps.collierclerk.com/public_inquiry/Case.aspx?UCN=112011CA0011980001XX&CT=CV ? I’ve been through the FAQ and it seems some courts have a much easier model to understand which motions pass and which do not. I see that a Doe sent in a motion and there are notices and such. Did the Motion to Quash actually succeed in this case?
According to the link you provided, a couple of motions were filed but I don’t see any orders striking or granting those motions. This is a county court, and I don’t know how to fetch the actual documents. The case is interesting though – initially it was filed against ISP (CenturyLink), who fought.
2 calls came into today because they were able to obtain numbers listed with the IP carrier. They wanted to know if we were going to seek council or if we wanted drafts of the settlements papers. The woman who called is out of FL and the lawyer for the defendant is listed out of NY. I am confused by most of what is going on right now but I guess I will just not pay attention to them until I see a court document. I am guessing these assholes are going to make the does listed obtain council. They suck! They said they will be going to court in a few days and they would appreciate if I contacted them so they knew If they should proceed with my information in court proceedings. The lady with the settlement is out of FL and the lawyer for the defendant listed is out of NY. I am not in NY but in the Tri state area. I see that they asked my IP for 20 Names and numbers out of the 27 does in the case. For those reading that have went through this personally are they looking permission from a judge to proceed? Will I be notified if they are not granted permission? Thanks and screw these trolls!
For the K-Beech PA case (K-Beech v. John Does 1-78, CASE No. 5:11cv-05060-BMS), I have made a draft Motion to Quash/Modify document. The motion can be obtained at my recent posting – http://dietrolldie.wordpress.com/2011/09/14/draft-motion-to-quash-or-modify-subpoena-k-beech-v-john-does-1-78-case-no-511cv-05060-bms/
I also added parts for the recent Ira Siegel case and a report from Envisonal (Copyright Protection Company), which could be added to other mass John Does Motions to Quash.
Take care.
DieTrollDie 🙂
wouldn’t a lawyer representing both side, be considered a conflict of interest?
both sides meaning , both parties at the same time.
If argument in a courtroom becomes too heated, this lawyer is in danger of self-inflicted bodily harm.
I would assume that if a judge found out a lawyer representing both sides (at same time), he/she might have their bar license revoked? or that probably just applies in criminal cases & not civil. Or maybe Im watching to much law & order.
Got a troll call today pertaining to the case in this link. http://apps.collierclerk.com/public_inquiry/Case.aspx?UCN=112011CA0011980001XX&CT=CV I assume the case is over? The court lingo is over my head.
Chris Royster was the troll’s name and seemed to forget to state who he worked for or what company he was a part of. LOL, it is quite a racket these guys have going.
Yes, it says status: disposed, it’s over. Notice of voluntary dismissal is also noted. I don’t know how to obtain the documents themselves, so can’t speculate what exactly happened.
I no nothing about law so this may sound silly, but is there any way to include Brett Gibbs’ admission in open court that an IP address does not ID a specific person in one of these?
I also used the wrong form of know, which makes that twice as funny.
Guys,
You must file motion to quash if you got the subpoena. I filed subpoena from this site as I had no money to hire a lawyer and was innocent. Result: Case is dropped against me without any prejudice and judge asked lawyer the reason to file one lawsuit for so many john does.
* I filed motion to quash…
* Motion to quash…
What case was this for? If you don’t want to post it here, please email me at doerayme2011@hotmail.com.
DieTrollDie 🙂
http://www.rfcexpress.com/lawsuits/copyright-lawsuits/colorado-district-court/77467/patrick-collins-inc-v-john-does-1-35/summary/
it was for this case…it it definitely gave idea to the judge that something wrong is going on here as he asked the plaintiff to explain the reason to join so many john does… summary… my case was dropped as voluntary dismissal by the plaintiff. Anyway, I would have fought and sue them back for defamation and other stuff. They can’t just get a random ip and sue me for doing nothing.
I wonder what happens if you don’t accept the if the following would work one can just not accept the
i received a subpoena from Patrick Collins inc. i seen the “Motion to Quash” form but is really doesn’t aply to my case since it’s written for the state of California. Does anybody know where i can find a sample for the state of Florida or will this form be sufficient if i change the Heading and case#?
You will most likely have to take one from another case and tailor it to work for you. Here is a link to a Motion to Quash in FL (Not a Troll case). Please look on this and other Blogs for the templates. Also, (if your haven’t already), get a PACER account and look up your case. I don’t know, but there may be a Motion in there that you can use as a starting point. http://www.cyberslapp.org/documents/Zwebner-FinalMotionToQuash.pdf
DieTrollDie 🙂
Here is a Motion (Pattrick Collins – Colorado Case vs. JDs 1-26, 1:11-cv-01656-CMA-MJW).
DieTrollDie 🙂
I’ve researched and read all the comments above, so I think I now know what I’m dealing with, a little relieved as well, where at first I was shocked and scared. My plan is to first write a motion to quash and see what happens. If it gets denied, I’ll just ignore all emails and calls,
So here is my case, Case No: 11-24714 CA 22 in CIRCUIT COURT OD MIAMI-DADE COUNTY, FL
I received a letter from cablevision about a subpoena duces tecum from LIPSCOMB EISENBERG & BAKER, P.L. representing Plaintiffs including PATRICK COLLINS INC, THIRD DEGREE FILMS, K-BEECH, RAW FILMS, DIABOLIC VIDEO PRODUCTIONS, NUCORP, BERLIN MEDIA ART JT E.K., ZERO TOLERANCE ENTERTAINMENT. to produce documents to identify individuals assigned to the following IP addresses, John Does 1-1544. However the Does on the list that I have from cablevision only shows Doe 1013-1221. So I assume the rest are not from the same ISP. I tried locating the IP addresses and found that most of these are from the New Jersey New York Conneticut area.
I cannot seem to find words such as “file sharing” or “bittorrent” or any Movie Titles in the Subpoena. Should cablevison send a copy of the entire subpoena to me? or did they just send a portion of it?
I was going through the quash document linked in this post, You have it as BOY RACER, INC, vs DOES 1-60. So, my question is am I representing myself or all the DOES. Should I write DOES 1-1544 or just DOE 1206? Also since no file sharing or movie is mentioned, should I still use this motion template? Are there anything other templates that I can use?
This place is awesome!! I hope these trolls don’t get anything!! And thank you all for contributing in this matter.
I need to locate a scanner, maybe I can scan these documents and post it somewhere? Is it legal to do this so everybody sees it?
Good luck to you in your efforts. The more you and everyone else does the better. Please share the result, especially if successful on any level. The ISP will usually only send you enough of the documents they receive to show why they have to release your subscriber information – showing only a page or two of the IP address that you fall into. . For this case, your best bet is to get a PACER account and download all the document and read them a couple times. That will give you all the details on your case. Please scan all the documents you have and then redact them (remove anything that IDs you. Posting them is legal and your right.
As far as writing as John Doe or John Dow # 1206, that is up to you? John Doe keeps you out of the Trolls sight better. I know of three cases in Colorado where the Troll released the motion filing Doe without prejudice and opened a separate case a few days later. It doesn’t happen all the time I would suggest a joint motion to quash or modify & motion to dismiss. Spell out all the reasons – the various templates have great starting points.
DieTrollDie 🙂
https://dietrolldie.wordpress.com/
Can’t find a scanner, but found a camera. Hope you guys can see it. This is all I got from the ISP.
I realized that my case has like 9 plaintiffs grouped together. Does this usually happen? Most of the cases discussed here or anywhere online are against just one of the plaintiffs, such vs Third Degree or Patrick Collins. Honestly, I hardly spend time on the computer and I don’t share files! I mean this is ridiculous! I don’t even know why my IP address is in there? It’s not even my IP address, since I last IP’ed myself. Do IP addresses change?
Just wondering if you took photos of every page of the IP addresses? I don’t seem to see mine on there, but I’m supposedly part of this same case. Weird.
Yes I did. These are all the pages that I got from Cablevision. However the case to targets Does from 1-1544 and the list that Cablevision provided only shows Does from 1013-1221. Are yours within this range?
Unfortunately, I wasn’t given any list of IP addresses. Just a letter from my ISP along with the subpoenas filed, but it’s the exact same case number. I’m not sure which “Doe” I’m supposed to be, but my IP isn’t in the list that you have. This is freaking me out, and I’m sure that’s exactly what they expect. Just a waiting game now I guess.
I have received the vary same letter, with the list of Does 1013 to 1221 included.
Has anybody found a motion template for this case?
I’m in the same boat. My question on this specific case is that, and I don’t know the full details of the case yet (John Doe Mow, hoping you can provide more) but there are multiple plaintiffs putting through this case, and it references in the subpoena that there is a date and time for each IP (a hit I think), how on earth did each IP (1500 odd from what I can gather) violate copyright on 7+ companies at the same time? Is this not a motion to quash in itself?
I have looked in PACER and got nothing for this case searching by case number with all combinations of fewer/more numbers and letter, names etc, but i can find it in here
http://www2.miami-dadeclerk.com/civil/Search.aspx
I’m not really familiar with PACER, should I search by some other method?
Hi Anonymous,
IP addresses changes everytime you restart your modem. So that could possibly be a reason that you can’t find your IP address in the list. As to why your ISP did not send you the list for your IP is beyond me. The notification letter should have a subject with a specified IP address.
The other anonymous,
I’m also new to this. I’m still waiting for my PACER account info to be mailed. I have no experience with PACER, which I will need to learn and figure once I receive the info. The link you provided shows the case, however it doesn’t seem to link to any dockets?? Hopefully more experienced Does may help out here. Since that I don’t know what I’m against, I want to first read all relevant documents regarding this case before I filed a motion to quash (and look for a suitable template). Still waiting for PACER ><
For me, this case was about one title from Patrick Collins, Inc. They wanted $2,700 to settle.
Likewise, nothing found in PACER. However with the link you provided, if you clicked on case type, it shows “other intellect prop”. None of the docket text are available for viewing. I’ll be attempting to put together a motion to quash using the syfert template and the one that dietrolldie have on his website, and see which best fits.
Today I have called the ISP paralegal that sent the letter.
For what he could tell me he did not have much information either, they received the letter from the court that is attached to the notification mailed to the does.
He said that “…based on the companies mentioned in it this appears a case of p2p file sharing…”, that’s about all the info he gave.
Not very helpful to us, just fyi.
John Doe Mow. I just received this exact letter as well. I use a different ISP but it the exact same case and number etc. Did you ever send the motion to quash? I have until the 14th to do the same thing seems like a ton of stuff to refill in and modify so before I do it i was just wondering about the success or lack their of you had.
I cannot seem to find anything in PACER as well. I can’t find enough info about our case 11-24714 CA 22. Someone mentioned that the plaintiffs’ reason to subpoena is due to p2p sharing. However there is no hard documents to indicate that this is the case. (We all assume it is, otherwise we won’t all be here). I hope someone more experienced could help up out if we should file a motion to quash about the p2p sharing or not to mention p2p sharing at all.
We all seem to be working on the idea that this is P2P however given the number of plaintiffs how can all these IPs have copyrighted this at the date/time stamp they have given. I still don’t understand what I’ve done but it seems utterly preposterous that it’s violated multiple plaintiffs at the same time. Given the nature of the companies involved in this case I doubt they own shared copyright. I’m worried about my information being exposed to these scumbags and I understand that it’s likely they can’t take if forward but it’s still unreal that they can even push this suit.
Did you file it for all Does or just DOE 1206. I am listed as a Doe in this case as well.
I was just notified Friday 10/30 from my ISP. And as anyone just two days into this am clueless about what is happening.
http://www2.miami-dadeclerk.com/civil/Search.aspx
Is the the case info you are looking for, click on link and click on the middle tab “Local Case Number” wait 30 sec. to load window then type
2011 in the first box
24714 in the second box
CA in the third box
22 in the las box
A lot of cases come up all under the Local Case No: 2011-24714-CA-22 title seen at the top middle of the web page.
**This maybe a direct link
http://www2.miami-dadeclerk.com/civil/Search.aspx?printer=1&page=0
Using the direct link you can’t click on the links to read the info…
Use the first method I mentioned instead.
I got into the same situation recently, and I’m much relieved after finding this discussion here. My plan will be the same, i.e. write a motion to quash first and then ignore all emails and calls (or ask the caller to hold, and ignore him, lol). I wonder if I’m just that unlucky and got sued by troll, what happens if they can’t find me and serve me the summons?
Will they have to reschedule another court date, that’s a delay tactic, or I would lose by “default”? I’ve read cases where the Judge simply dismisses the case because of troll’s inability to notify the defendant. True??? Thanks
Go for the motions. If it fails, just ignore the Troll correspondence. Do not ignore anything official from a court. That will lead to a default judgment against you. I they want to serve you, they will accomplish it – based on your subscriber information. If they do not file against you by 120 days of starting the case, YOU or the Court can make a motion to dismiss. The Troll can still refile, but it costs them more money. Each judge is different, so what they let them get away with is also. May case is open approx. 1-year and the judge still lets is stay on the books with little to no activity. 😦
Keep trying and post your results. Thanks
DieTrollDie 🙂
My ISP’s letter says they need to receive a motion to quash signed by the court, before the subpoena deadline, for them to withhold customer’s identity. Is this the way with all ISPs? If so, 1) I doubt if there’s enough time for the signed MTQ; 2) Do I need to request the court to serve the signed MTQ to my ISP, or the court does it automatically? Thanks
As far as paperwork I have seen from ISPs, they will hold off releasing subscriber information if you file with the court. They ISP may just require you file with the court – once filed, fax them a copy (obtain a copy via PACER). As far as “signed,” signed by you, accepted by the court, ruled on by the judge???? Call your ISP and verify what they want/need.
DieTrollDie 🙂
Hello Again,
I found some self-filling forms provided by attorney Graham Syfert including motions to quash and motion to dismiss available free for download. Do you think the forms from him would suffice for my case? For those that are not familiar with what I’m referring to here is the link
http://www.syfert.com/
What is motion to dismiss? Should we file them as well?
Thanks
Doe 1206,
i got the same letter from cablevision.
Have you found the full text of the subpoena?
I am also going to send a motion to quash.
I just registered a pacer account, apparently they sent you your account ID and password via postage mail rather than email. So still waiting for that. I’ll post all documents regarding to this case.
This is weird. I had no problem registering online and got the password immediately:
Hello,
If my case status listed as “9/24/2011 NOTICE of Voluntary Dismissal by K-Beech, Inc. (Hoppe, Jon) (Entered: 09/24/2011)”, do I still need to file a motion to quash?
Thanks!
Link tot he status page: http://www.rfcexpress.com/lawsuits/copyright-lawsuits/maryland-district-court/78838/k-beech-inc-v-john-does-1-22/summary/
You need to take a look at who the Plaintiff released – with OR without prejudice. Sometimes one a JD files a motion, the PLaintiff will release them without prejudice to file singularily against them. If it is with prejudice, it is likely one or more JDs paid the Troll money to make it go away. 😦
As the dismissal came right after the Motion to Quash from JD#6, I would guess it is only for JD#6. You have to read the actual document for this. I would also be looking for a new case on the IP address for JD#6. Even if dismissed by the Troll, they still have 3 years from the date of allegeded infringement.
DieTrollDie 🙂
Date # Docket Text
9/24/2011 11 NOTICE of Voluntary Dismissal by K-Beech, Inc. (Hoppe, Jon) (Entered: 09/24/2011)
9/7/2011 10 MOTION to Quash by John Doe 6 by John Does 1-22 Responses due by 9/26/2011 (Sandul, Michael) (Entered: 09/07/2011)
Hello All!
Here is a post for the PA K-Beech case with two recently filed motions – https://dietrolldie.wordpress.com/2011/09/26/two-new-motions-to-quashmodify-dismiss-in-pa-k-beech-case-virgins-4-23-sep-11/
I have also started a “Motions” page to post copies of various motions.
Have a great one!
DieTrollDie 🙂
I just received my letter from Comcast referencing K-BEECH, Inc. v. John Does 1-36, Civil Action Number: 2:11-cv-05058-RK. This is filed in the Eastern District of PA and is similar to the case listed above in PA: K-Beech v. John Does 1-78, CASE No. 5:11cv-05060-BMS. I have downloaded and adjusted the Motion to Quash template created for the PA case listed above and will be sending it off soon. Thank you DieTrollDie! It appears one person has already settled.
Thanks for the update and I wish the best for you. I will look for the motion once it is filed by the court. Please drop us a comment or even a copy of the filed motion once it is accepted.
DieTrollDie 🙂
Few questions:
1 – Why in some of the motions to quash examples is defendant #1 left out? ie.:
“Because this improper joining of these Doe defendants into this one lawsuit raises serious questions of individual fairness and individual justice, the Court should sever the defendants and “drop” Does 2-72, from the case.” Is this because that Doe has been dismissed? So, in my case, I can exclude Doe 21 since he/she has been dismissed with prejudice?
2 – When I mail a copy of the quash to my ISP do I do it anonomously? Should I fax the copy of the quash to them or mail it? A fax number is provided in the Comcast letter.
3 – In the other PA case listed here 2 motions to quash have been recieved. One of the motions itentifies the Doe by IP address. Is this not a bad idea because if the quash is denied the Plaintiff will then have knowledge of which person filed the quash?
Thanks for your time
1) Defendant #1 is left out because a suit with one defendant is no longer an improperly joined suit. It’s then up to John Doe #1 to discuss the other issues of their lawsuit strategy, such as the flawed models used to collect IP addresses, and making sure the court knows about Eon-Net LP v. Flagstar Bancorp case 2:2005cv02129, which is a case where a patent troll is sanctioned for similar tactics. Or maybe the judge will dismiss the whole case and Doe #1 will never hear about it again, which has happened in several cases recently.
2) It would depend on your ISP. Most ISPs will immediately stop giving up subscribers until the court makes a decision on the motion, no matter who filed it, so in that case, they would not need your real name, but there is also the question of making sure they receive it, and doing that without using your real name will probably be a challenge. If you go the anonymous route, why not fax the same fax to every ISP on the list? It will deprive the plaintiff of the opportunity for collective punishment on you and other subscribers from your ISP, which could happen in theory if the troll finds that the motion to quash came from a certain ISP, and singles out all 10 or so in individual actions.
3) Some defendants include their IP addresses in their motions, some don’t. If it were me, I would not include my IP address.
Another Doe has settled: http://www.rfcexpress.com/lawsuits/copyright-lawsuits/pennsylvania-eastern-district-court/79261/k-beech-inc-v-john-does-1-36/summary/
Very good news. Doe # 18 retained a lawyer who, amoung other motions, filed a motion to quash. I would think that a motion filed by a lawyer would carry more weight than an anonymous quash. However, I mailed mine in anyway. This case can be followed here –>
http://www.rfcexpress.com/lawsuits/copyright-lawsuits/pennsylvania-eastern-district-court/79261/k-beech-inc-v-john-does-1-36/summary/
I faxed my motion to quash to my ISP today and included an email address, one I setup on Yahoo specifically for this case. They responded via email asking me for the IP address so that they could ensure that my specific information was withheld. Even though the quash is submitted for Doe’s 2-36 I still provided the IP address. So my ISP does know who I am, but I don’t think it’s of concern.
I also spoke to a lawyer who thinks it is absurd that Fiore and Barber, the lawyers representing the case, specialize in personal injury and divorce and not intellectual property. He believes the motive with all of these lawsuits is simply monetary and not really about protecting the rights of the producer of the pornography.
Has any of these cases actually made it to court?
My anonymous Motion to Quash or Modify was recevied and added to the lawsuit summary. I am also mailing out a Motion to Dismiss today as well.
What is the status concerning Patrick Collins vs 1003? I see the motion to squash was filled 9-1-11, can’t see any other activity since. What time frame are we dealing with when motion-to-quash has been filled?
Hi all Does,
I’m also in case 11-24714 CA 22 .
It’s a great relief to find all this people fighting back, they’ve got me freaked out for a couple of hours….
Has anybody written a Motion to Quash for this one yet?
I’m going to write one and it would really help, this is the first time that I am involved in any kind of legal dispute!
Thanks and good luck to everybody!
Hi, for filing anonymously by certified mail, as suggested above, The court clerk says no Circuit Courts will accept either anonymous MTQ nor mail filing. Is that true? Is there any fees for filing? How would you pay the fees, I don’t know if the court accepts any electronic payment. Need help!
My anonymous motions were filed w/o problems, and there are numerous other examples as well. Though different courts/clerks may behave differently in this respect. Federal courts don’t charge for filing motions, state ones may, it varies.