Guardaley | X-Art

Malibu Media foxtrot: five simple moves

I hope everyone is enjoying this gorgeous (at least in Pennsylvania) weekend. To forget about the weekday routine, let’s learn a new dance. This dance’s steps have been borrowed from one particular docket — Malibu Media v John Doe Subscriber IP address 76.124.31.253 (PAED 13-cv-05486), let’s call it Malibu Media Foxtrot.

First, meet the instructors
Christopher FioreChristopher P. Fiore,
Porn Copyright Troll
(X-Art / Malibu Media)
Honorable L. Felipe RestrepoHonorable L. Felipe Restrepo,
US District Judge (PAED)
Now, the moves!

1/17/2013: First MOTION for Extension of Time Within Which to Effectuate Service on Defendant filed by MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(FIORE, CHRISTOPHER)

01/21/2014: ORDER THAT PLAINTIFF’S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT IS GRANTED. PLAINTIFF SHALL HAVE UNTIL 30 DAYS AFTER THE COURT ENTERS A RULING ON THE PENDING MOTION TO QUASH TO EFFECTUATE SERVICE OF A SUMMONS AND COMPLAINT ON DEFENDANT. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 1/21/14. 1/23/14 ENTERED AND COPIES E-MAILED.

2/24/2014:
Second MOTION for Extension of Time Within Which to Effectuate Service on Defendant filed by MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(FIORE, CHRISTOPHER)

2/26/2014: ORDER THAT PLAINTIFF’S SECOND MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT IS GRANTED. PLAINTIFF SHALL HAVE UNTIL 3/26/14 TO EFFECTUATE SERVICE OF A SUMMONS AND COMPLAINT ON DEFENDANT. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/26/14. 2/27/14 ENTERED AND COPIES E-MAILED.

3/26/2014: Third MOTION for Extension of Time Within Which to Effectuate Service on Defendant filed by MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(FIORE, CHRISTOPHER)

3/27/2014: ORDER THAT PLAINTIFF’S THIRD MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT IS GRANTED. PLAINTIFF SHALL HAVE UNTIL 4/25/14 TO EFFECTUATE SERVICE OF A SUMMONS AND COMPLAINT ON DEFENDANT. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/26/14. 3/27/14 ENTERED AND COPIES E-MAILED.

4/25/2014: Fourth MOTION for Extension of Time Within Which to Effectuate Service on Defendant filed by MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(FIORE, CHRISTOPHER)

4/30/2014: ORDER THAT PLAINTIFF’S FOURTH MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT IS GRANTED. PLAINTIFF SHALL HAVE UNTIL 5/25/14 TO EFFECTUATE SERVICE OF THE SUMMONS AND COMPLAINT ON DEFENDANT. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 4/30/14. 5/1/14 ENTERED AND COPIES E-MAILED.

5/27/2014: Fifth MOTION for Extension of Time Within Which to Effectuate Service on Defendant filed by MALIBU MEDIA, LLC. (Attachments: # (1) Text of Proposed Order)(FIORE, CHRISTOPHER)

5/30/2014: ORDER THAT PLAINTIFF’S FIFTH MOTION FOR EXTENSION OF TIME WITHIN WHICH IT HAS TO SERVE DEFENDANT WITH A SUMMONS AND COMPLAINT IS GRANTED. PLAINTIFF SHALL HAVE UNTIL 6/24/2014 TO EFFECTUATE SERVICE OF A SUMMONS AND COMPLAINT ON DEFENDANT. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 5/29/2014.5/30/2014 ENTERED AND COPIES E-MAILED.

To be continued…

The music has just started, and the fun has just begun. Apparent abuse of the court system by pornographers and the German Mafia? Who cares?! Dance!

Don’t stop me now I’m having such a good time
I’m having a ball
Don’t stop me now
If you wanna have a good time just give me a call
Don’t stop me now (‘Cause I’m having a good time)
Don’t stop me now (Yes I’m havin’ a good time)
I don’t want to stop at all

Next: Dance instructors from Colorado — Porn troll Jason Kotzker and Magistrate Judge Michael E. Hegarty — will teach us #Sohot waltz.

Updates

6/25/2014

Yay! Sixth extension of time was requested and granted!

Our excited couple is gracefully dancing towards the Franz Kafka Hall. Cheers, Chris! Cheers, Felipe!

5/31/2015

Some time in late June/early July 2014 the defendant was served with the amended complaint (per court order, filed under seal on 6/13/2014), and on 7/15/2014 the defendant answered. It was not a formally sound answer, but it showed that the defendant did his homework: he enumerated each and every weak spot of the Malibu Media shakedown campaign while denying all the allegations.

Particularly, he noted the infamous “Exhibit C” abuse, and claimed that the third party files he purportedly shared were outside of his interests:

Defendant has no interest in such as music by artists such as Young Jeezy, Cannibal Corpse, and Judas Priest, as well as a download (of what is assumed to be software) that isn’t even in English.

Also, it wasn’t a surprise to learn that the crooks, time and again continue targeting people in extreme hardship:

In Malibu Media LLC v. Doe, ILND 14-cv-00693, Malibu Media laid forth its procedures for determining who to press charges against In court documents, Malibu Media asserted “hardship is when a defendant may be liable for the conduct, but has extenuating circumstances where Plaintiff does not wish to proceed against him or her. Examples are when a defendant has little or no assets, defendant has serious illness or has recently deceased, defendant is currently active duty US military, defendant is a charitable organization or school, etc.” This was in defense of claims made that Plaintiff is in the business of extorting money from people. These claims can be called into question through this case. Defendant had an income in 2013 of approximately $18,000.00. Defendant is providing for himself via a meager income and student financial aid. Defendant has very little assets and is hugely in debt.

Finally, the case was dismissed on 1/2/2015 — without prejudice, which means that the troll didn’t get a cent from the defendant and had to pay for the choreography lessons from his own pocket.

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Discussion

14 responses to ‘Malibu Media foxtrot: five simple moves

  1. But, but, but….Fiore’s firm in Harleyville. Pa ( pop under 10k) may not have effectuated enough business all these months to pay a process server. He’s not exactly a big Philly firm. Just my opinion. Philly tends to be a plaintiffs court anyway, especially if it goes to a jury.

  2. Just another Justice juicing his time until retirement. Your taxpayer dollars most definitely not at work. See also, CO MJ Hegarty.

  3. Here is Judge Restepo’s answer as Nominee to the Federal Court to a question posed by Senator Chuck Grassley.

    Do you believe that judges have a role in controlling the pace and conduct of litigation and, if confirmed, what specific steps would you take to control your docket?

    Response: Yes, I believe that judges have a role in controlling the pace and conduct of litigation. If confirmed, I would set firm scheduling deadlines, promptly decide motions, encourage settlement discussions early in the litigation and promote the efficient resolution of discovery disputes.

  4. The judges that keep granting these extensions have no idea why it takes so long for Plaintiff counsel to effect service..None! If these Judges actually question the Plaintiff on this they would hear a plethora of excuses.

    We all know the trolls want to keep asking for more time and then even more time and it is all about raking in settlements before they cut bait and get out of the case that was filed. Nothing more and nothing less. It is all derived to get as much cash as they can.

    The biggest problem I see is that there are a lot of magistrate Judges for more time when they ought to be asking the trolls why they need it and asking the right questions about these cases before them. There is far too much rubber stamping going on.

    If the Judges really really looked into these cases, they would see what these cases are really about and it isn’t to stop file sharing, it’s about playing the odds that a percentage of those ISP subscribers paying up to avoid a costly defense.

    The Trolls know how to game the system, and they do it quite effectively even more so in state and courts that are troll friendly, or so overburdened that the cases in their courts don’t get the scrutiny they deserve

    Wouldn’t it be ironic if some of these same Troll Lawyers has a member of their family downloading a copyrighted work, and then to find their ISP subscriber information went to a Troll only to be served a notice of copyright infringement. I would bet they would pay up to avoid that news becoming public.

  5. The problem is everyone is a lawyer so, with some honorable exceptions, the judges are helping their own kind. Sad but very, very true.

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