By a lie a man throws away and, as it were, annihilates his dignity as a man.|
Malibu has adopted high standards prior to serving a Defendant and in some cases has determined to not pursue a case based on insufficient evidence. Examples of scenarios in which Malibu may dismiss based on insufficient evidence include: multiple roommates within one residence with similar profiles and interests share a single Internet connection; the defendant has left the country and cannot be located; the results of additional surveillance do not specifically match profile interests or occupation of Defendant or other authorized users of the Internet connection; the subscriber is a small business with public Wi-Fi access, etc.
Apparently, Lipscomb’s definition of “high standards” does not include such a basic virtue as truthfulness. Today I learned¹ from a defendant’s motion to dismiss one of the 2,365+ Malibu Media’s cases that the claims plaintiff makes are exaggerated (to put it mildly). The motion was filed by an Illinois attorney Jonathan Phillips in Malibu Media v. John Doe (NDIL 13-cv-08484):
Malibu has been made aware that the Defendant is a business, and incapable of doing anything, let alone infringing a work. Despite this, Malibu has failed to amend its Complaint.
The motion seeks dismissal not because of this fact though. Lipscomb/Nicoletti/Schultz apparently abandoned this case and failed to serve the defendant within 120 days of filing of the complaint, as the Rule 4(m) mandates:
The time period, over one hundred days beyond deadline, is indicative of Malibu’s want of prosecution. Counsel for Doe has repeatedly sought information on why service was not had. For example, recent emails on June 9, June 20, and June 23 all raised the issue. Not a single email received a response. No summons has been issued, no service has been had, and no request for a waiver of service has been received by counsel for Doe.
Lipscomb lost his credibility long time ago, and this is yet another confirmation: his pathetic statements are as genuine as the moans in the porn flicks he is shaking down people over.
Today, right after Phillips’s motion was filed and Malibu’s malicious sloppiness made the news, Nicoletti rushed to dismiss this case without prejudice, or, in other words, attempted to cut and run in a hope that no attorney fees will be awarded against him and Schultz for their chronic lack of candor.
¹I want to take an occasion to give a shout-out to Calvin Li, who wrote a program that scans Pacer for new Malibu Media filings and tweets the results in real time. That’s why we learn about new significant events right away.