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Why did troll Nicoletti file a motion for extension to serve two days after the service?

NicolettiPaul Nicoletti

Is it a fraud if an attorney files a motion for extension of time to serve a defendant two full days after the said defendant was already served? If it was done intentionally — definitely yes. I don’t believe it was the case, though, when a copyright troll Paul Nicoletti asked the court to extend the time to serve at 3:45 pm on Monday, 11/10/2014, while the defendant was already served at 11:45 am on 11/8/2014 (Malibu Media v. David Grant, INSD 14-cv-00740). He simply didn’t know, and didn’t bother to pick up the phone and check. No, it was not a fraud this time, but a total lack of diligence, an essential quality of an attorney. Well, this is hardly surprising: once a crook, always a crook. In addition, Nicoletti didn’t notify the court once the blooper was discovered, and after over a month passed since the service, a motion for default judgment was hastily filed; this motion mentions the actual service date.

Note that Nicoletti filed three motions for extension of time in this case. Trolls’ MO is to delay proceeds as much as possible (sometimes to the extent that would surprise Kafka), and if/when finally served, defendant doesn’t answer in 21 days, the troll immediately files for a default.

There is actually an explanation to what has happened in this particular case. When I started investigating, I found out that the process server didn’t communicate with Nicoletti at all: she took an order and reported the execution of the service (on November 10 at 2:35 pm) to an individual named Mike Thornton — Keith Lipscomb’s former non-attorney extortion officer who currently coordinates shakedown activities behind the scenes out of a Chicago Western suburb. Today Lipscomb is shy to mention the wild times of mass extortion lawsuits, including his abuse of Florida’s Pure Bill of Discovery (thanks to this loophole, he and John Steele made an obscene amount of money robbing US citizens). At that time Mike Thornton, falsely claiming that he was an attorney, intimidated and harassed people over the phone, wrestling them into paying ransoms (just like Prenda’s Mark Lutz).

Here is what people said about Mike Thornton in 2011:

Nasty little man… made me believe he was an attorney although he didn’t say that. Trying to strong arm me into paying over $2300 for downloading a movie… College Cock Hounds… I am 56 yrs old married for 20+ years. I don’t think so. Threatens me with litigation… $30,000.00.. My answer was to go ahead and sue me. I will see them in court. Would not give me his company name. He is or was a debt collector. He does not have attorneys in any other state than Florida. His name is Mike Thornton. He will intimate you if he can.

This guy subpoenaed my ISP for records from an attorney named Ryan Stevens in Arizona. He then called me and claimed he had proof that I had illegally downloaded porn and his clients were willing to settle out of court for $25.000. I told him I had done no such thing and wasn’t paying anything. He then got loud and abusive and said that he would take it to court and make this accusation public record if I didn’t settle. I told him #1 I did no such thing, #2 I am an disabled vet and he could not sue me and get anything. He then said he would turn the evidence over to the authorities and I would be prosecuted for a felony. He called me from 818-292-8194 in California. There were 250 IP addresses on the subpoena. Can anyone tell me what the real deal is with this guy, how this played out for you, and how I can shut this guy down?

Demanding money in exchange for not reporting a crime is the textbook definition of criminal blackmail, and still, Lipscomb & his gang has been clandestinely employing this sleazeball all the time. Another “negotiator” from the past, Elizabeth Jones, is also still employed, despite the trolls’ attempts to make an impression that she retired.

As for Nicoletti, this episode suggests that local trolls can’t even fart without the Troll Center permission: I heard stories about local attorneys not answering defense’s simplest questions for weeks. While it is obvious that local representatives are not really involved, if they sign their names on pleadings and motions (even without reading), it’s a fair game to call them unprofessional.

Mike Thornton deletes his email account

I’m actually not convinced that “Mike Thornton” is a real name, neither am I sure about “Anthony Palmer” (another “collector” from 2012) and “Elizabeth Jones.” All the three names are too common.

The email was apparently deleted after the crooks discovered that I’m aware of its existence. That raises brows. I urge government investigators to subpoena this account while the information is retained by Google. Thornton’s IP address was at 14:50 on 1/15/2015.

Thanks to Raul for discovering the discrepancy in the docket.

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7 responses to ‘Why did troll Nicoletti file a motion for extension to serve two days after the service?

  1. I am of the opinion that the troll machine automatically files for extensions in a certain amount of time after the initial lawsuit is filed as a matter of procedure so they do not run afoul of the time served rule.

    It would make sense that the trolls calendar lets them know when each suit is filed is coming close to the point of time served rule, so they can continue to pressure the ISP subscriber to settle before a judge decide’s they have failed to serve the defendant in a timely manner and dismisses the lawsuits ( much like what happened with 4 of Malibu’s one’s in Florida )

    As for the possible phantom names, collection agencies are notorious for having their real employees use fake monikers due to the intimidation and threats and out right lies they tell to a debtor in order to pressure them to settle so they can get their cut and their client some of the money owed to them.

    The phantom names are a way for them to avoid any legal issues that may arise when one of their employees is recorded or goes over the line in some fashion with the rules that collection agencies, thus when an investigation is launched because some debtor complained about Mr Green’s tactics, the investigators usually find out that there is no Mr.Green at the collection agency, even though a debtor may say that is who they got a voice mail from, and of course the collection agency can claim it was a ” rogue ” employee ” and they will speak to their employees about this and how this isn’t how they conduct business ( if your bullshit detector went off , then you know how much hooey that line is)

    Remember Prenda used a similar scam when trying to collect settlements with fictitious “guys who can help” line when they were pressing for settlements after getting the subscriber information. Is Florida the report headquarters for the trolls, in my opinion it could very well be, just like the investigators Excipio, IPP, Guardaley etc etc etc are all in Germany ( amazing coincidence )

    The trolls are making more and more mistakes and they are going to start catching up to them sooner or later much like it did with the Prenda gang

    • I wonder if a suit for violation of the FDCPA would be sufficient grounds to get a subpoena to the phone company or isp to reveal the names of the real party or parties behind the call/e-mail’/whatever?

      • I know who the registered owner of the 818 phone is, but I’m not sure that the number wasn’t spoofed at the time of mass harassing calls. Also I’m not sure that “Mike Thornton” here is the same “Mike Thornton” from 2011/12, may be like Dread Pirate Roberts, an umbrella name. Continuing digging.

        • A spoofed phone number is a straight violation of the FDCPA, on the order of ‘do not pass go, do not collect US$200.00’. What I’m wonder though is, would it be possible to force the phone company and/or isp to complete a full trace to locate the true owner.

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