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 layperson’s (apparently incorrect) assessment prompted an attorney’s comment. Ken wrote:
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
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:
- Popehat: Prenda Law Attorneys Ask Judge Wright To Lift Order Requiring Them To Appear Monday by Ken White.
- Techdirt: As Expected, Team Prenda Trying Desperately To Get Out Of Appearing On Monday. by Mike Masnick.
- TorrentFreak: Copyright Trolls to Judge: Nope! We’re Not Coming to Scary Hearing by Andy.
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 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.
- TechDirt: Prenda Law Showdown Happening Monday: Judge Orders Everyone To Show Up In Court by Mike Masnick.
- ArsTechnica: Angry judge calls porn troll’s bluff, orders entire firm to court by Timothy Lee.
- DailyDot: Notorious “copyright troll” law firm due in court Monday by Kevin Collier.
- TorrentFreak: Copyright Troll Suffers Website Attacks by Ben Jones.
- DieTrollDie: Guess Who Is Coming To Dinner on 11 March 2013!!! – Judge Wright Wants A Troll Feast (2:12-cv-08333).
- Popeheat: What Prenda Law Is Facing In Los Angeles, And How They Got There by Ken White: a must read post if you know nothing about this soap opera and want to get up to speed. Although many bloggers and news sources covered this saga extensively, it is very hard to see the bigger picture from the scattered articles, and a summary like this is a rare, much demanded gem.