- Paul Duffy v. Alan Cooper, Paul Godfread and the Internets, ILND 13-cv-01569 (Answer).
- Prenda Law v. Alan Cooper, Paul Godfread and the Internets, ILSD 13-cv-00207 (Answer).
Answers are nearly identical and provide ten affirmative defenses. Also, six counterclaims are asserted:
- A: Copyright assignment agreement purportedly signed by Alan Cooper.
- B: Ingenuity 13 Petition (Gibbs, CAED 13-cv-01569).
- C: Rental agreement signed by the real Alan Cooper.
- D: Paul Godfread’s December letter filed in four MN AF Holdings lawsuits.
- E: First Wright’s OSC (February 7, CACD 12-cv-8333).
- F: Alan Cooper v. Steele et al. complaint (Hennepin, MN).
- G: Paul Duffy v. Cooper, Godfread & Internets complaint (Cook, IL).
- H: Prenda Law v. Cooper, Godfread & Internets complaint (St. Claire, IL).
- I: John Steele v. Cooper, Godfread & Internets complaint (Miami-Date, FL).
Note an interesting email sent by Paul Hansmeier to Paul Godfread on 2/21/2013 (p. 16):
Dear Mr. Godfread:
My firm has been retained by Livewire Holdings LLC to pursue claims in the U.S. District Court for the District of Minnesota against you and your coconspirators arising from defamation, civil conspiracy and related acts. The alleged acts occurred in e-mail communications and blog posts describing my client as a criminal enterprise. As you know, such statements constitute defamation per se and are, quite frankly, wildly inappropriate. Less-egregious claims have resulted in multi-million dollar judgments, as I trust this one will. The facts of the underlying case are essentially a law school exam hypothetical of every possible variation of libel. Perhaps you can forward my client’s complaint to your former professors at William Mitchell. My client is well-aware that you are a major contributor to these blog sites. The purpose of this e-mail is to inform you of impending litigation so that you preserve all relevant evidence in your possession including, but not limited to, communications between yourself and David Camaratto, Morgan Pietz, Nicholas Ranallo and any other individuals associated directly or indirectly with the sites fightcopyrighttrolls and dietrolldie. Further, any and all other evidence that might be relevant to this matter must, of course, be preserved. I suspect that you aligned yourself with these defamatory efforts as a marketing strategy. I don’t know if these efforts paid off, but I can assure you that making baseless accusations of criminal conduct is not a wise move for a licensed attorney. All of that being said, my client knows that you didn’t work alone in these wrongful efforts. If you think we are missing out on more serious actors in your enterprise my client would be willing to consider decreasing your liability in exchange for information about these individuals. Of course, that interest will disappear if someone else comes forward first. Think it over and let me know. If you’re willing to take the fall for whole group then you are decidedly a “true believer.”
Welcome to the big leagues.
“Big leagues” is a relative term, and even if Prenda’s attorneys believe to be superior to Paul Godfread (which is a highly questionable claim), current defense (don’t forget to add EFF to the bunch) is obviously a couple of leagues higher. No matter what an endeavor is, hubris is a bad companion.
- On 3/26/2013 defense attorneys filed a motion to transfer one of the two cases from the IL Southern district to IL Northern district. A memorandum supplements the motion.
- Popehat: Alan Cooper Strikes Back, Files Counterclaim Against Prenda Law and Paul Duffy by Ken White:
Prenda Law faces reckoning in Los Angeles. That should have been their focus for some time. Once proceedings before Judge Wright started to heat up, they could have dismissed the two Illinois cases, as John Steele dismissed the Florida cases. They didn’t. They may learn, to their regret, that they have committed the jurisprudential equivalent of opening a second front in Russia just before winter. Their winter.
- ArsTechnica: Did Prenda try to intimidate ID theft victim into dropping charges? by Timothy Lee.
- TechDirt: Alan Cooper, Paul Godfread Call Prenda Law’s Bluff On Defamation Lawsuit by Mike Masnick.