Illinois

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  3. I just received a letter about downloading a film called “The Divide”. Civil Action No. 12-cv-5827

    I started searching google and found a link to this site:
    http://torrentlawyer.wordpress.com/2012/07/27/the-divide-new-copyright-trolls/

    I also saw similar cases mentioned in the comments above:
    https://fightcopyrighttrolls.com/discussions/discussions-by-state/illinois/comment-page-1/#comment-18072

    Should I try to quash this or just wait and see what happens? Should this be take more seriously then any of the other cases?

    Thanks for any replies.

    Reply

    • It is always better to be proactive than reactive IMO. File a motion to quash/sever/or issue a protective order. Dietrolldie.com has an arsenal of motions you can fashion to the facts of this crappy lawsuit. Good luck!

      Reply

  4. Is there any information regarding Malibu Media LLC v. John Does 1-49 Illinois Northern District Court Docket No.: 1:12-cv-06676????

    Does anyone have a motion that has been modified to fit this particular case? Or any web sites discussing this particular case?

    Reply

      • I just found this page. I am in the same case too. I’d like to file a mothion to quash, but I have to be in the court and pay $350 fee first and not guaranteed to work. What are you guys going to do?

        Reply

  5. Whatever you do, it would probably be best not to talk to Adam from torrentlitigation.com. He has many suspicious and shady behavior patterns coming out. Read any one of the two guava posts to find out more. Basically, the judge accused him and Steele/Prenda of collusion.

    Reply

  6. Is there any information regarding Malibu Media LLC v. John Does 1-23 Illinois Northern District Court Docket No.: 1:12-cv-06673? Any other forum suggestions that I can check.

    Reply

  7. Who is the cheap and best Attorney in Illinois?
    Attorney Erin Russell – 2000 Flat Fee
    Raymond G. Wigell – $1500 (and not Flat Fee)

    Reply

    • Billy mentioned in the blog is the best.. he offers shield and settlement for 425$, File a motion 1500$. I like the shield option as it avoids the scare part of getting calls, emails, mails etc.

      Reply

  8. So I haven’t gotten my pacer info yet…has anyone seen or recapped the new Quad cases in IL? I’m interested in reading them.

    Reply

    • I RECAP’d all Quad cases in ILND and the complaints. Duffy is pleading civil conspiracy in the Quad v. Does 1-10 case. Docket here…
      http://ia601500.us.archive.org/13/items/gov.uscourts.ilnd.275647/gov.uscourts.ilnd.275647.docket.html

      I also found something very interesting. Here is the first incidence of infringement…
      98.215.243.79 Comcast Cable Communications 8/1/2012 at 5:43:29 PM
      Which geolocates to:
      Country: United States
      State/Region: Illinois
      City: Springfield
      Or as I like to call it, the im-fucking-proper venue and should be in Central District of Illinois (where they love Prenda).

      69 days between the first and last recorded infringement.

      Reply

  9. After reading the Billy Mills page, I’m confused as to why the trolls would offer Mills lower settlement deals? This sounds fishy.

    Reply

    • Actually Mills is right. Trolls don’t like dealing with attorneys and attorneys can usually negotiate settlements down. It’s not just Mills, it’s pretty much every attorney who can negotiate. These trolls DO NOT want to go to court and will take what they can get in most cases.

      Reply

      • just got some information regarding Malibu Media LLC v. John Does 1-49 Illinois Northern District Court Docket No.: 1:12-cv-06676 for anyone who is in this case. Someone submitted a mt to dismiss or server for misjoinder, mt to quash
        it’s set for hearing in front of Judge Dow on Tuesday will keep you posted later today

        Reply

        • Does the person(s) that filed the motion to dismiss/quash have to appear before the judge on Tuesday? Or does the judge review the motion and decide whether it passes or what not?

          Reply

  10. The docket says:

    NOTICE of Motion by John Does 1-49 for presentment of motion to dismiss or sever for misjoinder, motion to quash the subpoena 14 before Honorable Robert M. Dow Jr. on 10/30/2012 at 09:15 AM. (ao,) (Entered: 10/24/2012)

    Is someone going to be there to present the motion? How does that work?

    Reply

    • Doe 35 (his attorney) filed a motion to sever and dismiss Doe 35 and quash the subpoena issued to his/her ISP. Reading the MTS/MTD/MTQ right now, looks like a boilerplate motion as it’s not very lengthy for a three-pronged motion. Since archive.org is down, I can’t RECAP it.

      Reply

  11. Here are the latest information on Case No.: 1:12−cv−06676 Malibu Media, LLC vs John Does 1−49

    Can someone explain me what happens next?

    MINUTE entry before Honorable Robert M. Dow, Jr: Motion by Doe 1 to quash
    subpoena and vacate order granting leave to serve third party subpoenas [12] and motion
    by Doe 34 to dismiss or sever and quash subpoena [14], and motion by Doe 35 to sever
    and dismiss and quash subpoena [16] are taken under advisement. Plaintiff is given until
    11/16/2012 to respond to all three motions; Defendants are given until 11/30/2012 to
    reply. All further discovery in this case is stayed as to all Defendants pending disposition
    of the pending motions. Notice of motion date of 10/30/2012 is stricken and no
    appearances are necessary on that date. Mailed notice(tbk, )

    Reply

    • I could be very wrong, but I think it means that some people filed motions to dismiss, squash. And the judge got those.

      So he’s giving Malibu until 11/16 to file a reply on why they should not be quashed/dismissed.

      Then the people that filed the motions have until 11/30 to reply to the reply by Malibu.

      And it seems like the judge made it so that there can be no further discovery/release of PII until motions are heard.

      Reply

  12. ILND’s query system is fucked up. Queried the case # and it didn’t come back with the right case. Queried by name, found the case.

    No, you’re not very wrong. You’re 100% correct. Judge Dow is giving Nicoletti (Lipscum’s lackey) until the 16th of November to reply to the motions (this hardly ever happens) and defendants two weeks to file reply memorandums in response to whatever Nicoletti files. Obviously Nicoletti has PII, just no further discovery is allowed. I’m not sure if that applies to phone calls and mailings, hope it does.

    Nicoletti REALLY boned a case in Michigan’s Eastern District with some ex-post facto assignment agreements…defendant’s counsel in that case is really taking Nicoletti to task on that one. He also stated that Malibu Media is NOT a shell company and is the owner of X-Art.com in a filing (major huge fuck-up). Then there’s Jeff Fantalis fucking up Kotzker’s world out in Colorado. Methinks Judge Dow knows about all of this stuff and is concerned because normally he’d take the motions under advisement and just rule on them without allowing for defendants to file replies to responses. Nicoletti is WAY overdue for sanctions and disciplinary action. Usually he gets himself in hot water once every few years. Google his name, you’ll get a good laugh (I did).

    Reply

  13. I actually filed the 12 page motion to quash if anyone wants to discuss this or let me know what your lawyer fees are or just to discuss the details of the case. I would rly be interested in talking to another doe (preferably one that hired a lawyer). I have access to one but want to see where the motion I and others have filed go from this point. you can verify my email from the motion that i did in fact file the motion as i included my email address in the motion which is below. feel free to email me.

    johndoe149malibu at g / mail dot com

    Reply

    • I filed a motion on 25th but it was not considered by judge on 29th. Not sure why? Mine is entry # 20 in docket. Please feel free to contact the email address listed in the docket. case06676johndoe29 at g / mail dot com

      Reply

  14. Is there any information regarding Malibu Media LLC v. John Does 1-23 Illinois Northern District Court Docket No.: 1:12-cv-06673? Any other forum suggestions that I can check

    Reply

    • Anyone have an example of a motion to quash and or a motion to sever and or Miscellaneous relief or Proceed anonymously related to this particular case? There are 23 John Doe’s in this one supposedly all in IL and supposedly with IP from 7/31/12 to 9/4/12.

      Reply

  18. Who is this attorney appearing on behalf of Malibu Media / Nicoletti? This (filthy troll :)) lawyer might assist Nicoletti for all IL related cases.

    ATTORNEY Appearance for Plaintiff Malibu Media, LLC by Mary K. Schulz
    Mary K. Schulz
    Schulz Law, P.C.
    1144 E. State Street
    Suite A260
    6N715 Essex Avenue
    Geneva, IL 60134
    United Sta
    224-535-9510
    Fax: 224-535-9501
    Email: SchulzLaw@me.com

    Reply

  19. I’d like you to consider listing me as an attorney in Chicago. I’m also involved in the Guava case and obtained a TRO.

    Today I witnessed a federal judge impose a default judgment for $1.5 million in the Flava case in ILND.

    Thanks for considering me.

    Jeffrey Antonelli

    Reply

      • This Flava case alleges individuals paid for the website membership, downloaded the works, and the uploaded them to another website.

        The default judgment today may have been against the individual from New York.I can’t view the document from my blackberry from some reason but I can do so tomorrow. Interestingly, one of the named defendants is from italy.

        Reply

    • Funny: a life cycle of a news.

      Jeffrey posted here.
      People discussed and pointed to the case number
      I recapped and tweeted.
      DieTrollDie noticed and wrote a post.
      TorrentFreak ran an article citing DieTrollDie.
      BBC ran an article not citing/linking to anyone.

      Kind of a mirror of a healthy capitalist society (in terms of the ways wealth travel).

      🙂

      Reply

      • so what you are saying is the bbc pirated torrentfreak’s work who pirated dtd’s work who pirated Jeffrey. so Jeffrey needs to sue dtd and join him with torrent freak and bbc for pirating him but dtd needs to join and sue bbc and torrentfreak, but torrentfreak needs to sue bbc…….i think i understand how pirating costs so much financial loss to the industry….. nope i just have a headache now.

        Reply

  20. I had a few moments to look up the case today. The $1.5 million dollar default judgment was for 10 alleged infringements to something called ” Gay-Torrents.net”

    MINUTE entry before Honorable John Z. Lee: Prove-up hearing held on 10/30/12. Defendant is not present in court. Given the materials submitted by Plaintiff in support of its motion and in light of the absence of any objection by Defendant, Plaintiff’s motion for entry of default against defendant [11] is granted. Judgment is entered in favor of the Plaintiff Flava Works, Inc., and against the Defendant Kywan Fisher in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00). Permanent injunction is entered restraining and enjoining Defendant, Kywan Fisher, from copying, distributing, reproducing, making available for download or embedding any material that infringes upon Plaintiff’s copyrights, including videos, videos on demand, online content, and images. Plaintiff has until 11/27/12 to submit a motion for attorneys’ fees and costs. Civil case terminated. Mailed notice (ca, )

    Reply

      • Is this really a BitTorrent copyright violation? looks like someone downloaded from a website and uploaded to some other website.

        Reply

        • i think the way flavaworks is trolling is that they theoretically have some sort of system that automatically generates some type of serial number and adds it to a video when it is downloaded. then if/when one of their videos pops up on bittorrent or any of a number of file locker sites they can use that imbedded serial # to look up what user downloaded it, and then because they already have their own user’s info they can just go straight after them. in summation: flavaworks actively tracks and monitors their own users with the intent on suing them.

          Reply

        • Actually–I’m going to play devil’s advocate on this one, and suggest that what they’re doing is perfectly within their rights. Saying “flavaworks actively tracks and monitors their own users with intent on suing them” should be amended to ” IF they take our copyrighted material and post it to places where other people can see it for free” which I feel fairly sure is somewhere in the initial user agreement. Granted, the default judgement is for a ridiculous amount, but I can’t say that I disagree with what the website is doing. We bitch and moan about websites not doing anything to protect their property, but it sounds to me like this website pretty actively took steps and targeted people they could prove without a doubt uploaded their material. I may be off base, and certainly don’t agree with the default amount, but if we’re truly not an “anti-piracy” website then I have a hard time seeing what this company did as wrong.

          Reply

      • If you want a good laugh, check this out:

        —
        Plaintiff seeks statutory damages for willful infringement of $1,500,000 for thewillful infringements of 10 videos that were downloaded 3,449 times. Exhibit “E”. Defendant caused 3,449 infringements of the Plaintiff’s videos. Plaintiff is seeking themaximum statutory damages of $150,000 per infringement. $150,000 times 3,449 infringements is over $517,000,000. Thus, Plaintiff, Flava Works, Inc.’s request for anaward of $1,500,000 is very reasonable.
        —

        That’s right, $517,000,000. I can just see Huon reading that in the Dr. Evil voice with his pinky to his lip. The reasoning also demonstrates a complete misunderstanding of copyright law and statutory damage awards (i.e., the number of infringements committed during the course of one “transaction”), and statutory damages in a case have been limited to the number of registrations rather than the number of infringements (to say nothing of the fact that the additional infringements were committed by other people). I suppose that’s why they only actually had the balls to ask for one award per work but still funny to see. Great example of why statutory damages are just plain dumb under any circumstances. If there aren’t real damages and they can’t be computed, you don’t deserve them.

        Reply

    • Though not directly in the case’s allegations, we have found some works claimed by Malibu either were not in fact copyrighted, or were registered so late as to prevent the availability of statutory damages.

      Every case we take is evaluated for these circumstances.

      Reply

  26. No doubt the Master Trolls love the PR value, but what’s in a default judgement for the local counsels? If they are getting a cut of settlements, and these judgements are uncollectable, does that mean the local counsel just ended up working for free? I’m sure hypothetically they get a piece of any judgement, but that doesn’t matter unless somebody can get some money. Unless these really push up settlement rates in their other cases, which I still doubt, these huge awards may be a lot worse for their bottom line than the settlements, if only for opportunity cost.

    Reply

  27. I got hit by Malibu Media, Lipscomb. Looks like 1 movie. The case is in FL, but I live in IL currently.

    From RFC express it seems that MM hits quite a few individual suits, I wonder if I will have to settle eventually, I don’t think I can afford to fight the case in court.

    Reply

  29. There are no public bar proceedings on Mary K. Schulz. Her office is in the upscale suburb of Chicago called Geneva, Illinois.

    Reply

    • Yea to say Geneva is upscale is an understatement. It’s in Kane County, population is 96% white (big surprise there) and the median family income is a bit over $100k and median HH income is a bit under $100k. $271k median home price in 2011. This woman is loaded but probably took a hit in the past few years so she’s abandoned all morals and ethics.

      She’s been licensed for 30 years so she’s gotta be in her mid-late 50s at the very least. Here’s her education, not sure what year BS was granted but I’m guessing 3 years prior to her JD…
      B.S. from University of Wisconsin-Oshkosh – Probably granted in ’78 or ’77
      J.D. from University of Wisconsin-Madison – 1978-1981

      She came pretty damn close to being sanctioned in both of those incidents. If she’s pal’ing around with Nicoletti, she’s got sanctions headed her way and pretty damn fast.

      Reply

  30. Tried looking up the cases below in pacer but couldn’t find them.

    1:12-cv-08940
    1:12-cv-08939
    1:12-cv-08938
    1:12-cv-08904

    Reply

  32. Wow, R&D films filed 4 new suits in ILND with about 298 does if I did my math correctly…

    ILND is lighting up again all of a sudden with new MM and R&D suits.

    Reply

  33. Can someone post the information for the MEMORANDUM from the 8th, thanks

    MEMORANDUM by Malibu Media, LLC in Opposition to motion to quash 20 (Nicoletti, Paul) (Entered: 11/08/2012)

    Reply

  34. 1:12-cv-06676
    I filed a motion on Oct 25th docket entry # 20

    Plaintiff filed an opposition to it (recapped it already)..

    PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT JOHN
    DOE #29’s MOTION TO QUASH OR MODIFY SUBPOENA [DKT. #20]

    Do I need to reply back to it to get attention from the judge? What do I do next?

    Please feel free to contact the email address listed in the docket. case06676johndoe29 at g / mail dot com

    Reply

  37. I want to let you guys know about two new trends – new to me at least. First, book publishers are getting in on this game. Someone contacted me about being targeted in a New Jersey lawsuit alleging file sharing of an electronic book.

    Second, copyrighted photos and illustrations being used on the internet apparently have been keeping copyright troll lawyers very busy – for Getty Images. let your license expire for that photo or thumbnail you are using on your website, or if you have none at all, and POOF! You get a demand letter – no cease and desist letter, just a troll pushing through mounds of paper to thousands around the country. A small business owner contacted me about this happening to him this morning.

    Reply

    • The only trolling publisher I’m aware of is Wiley and Sons. I did not look lately though. Wiley’s tactic is close to the one movie trolls, with whom we deal mostly, employ.

      (Stock) Image trolls are legion, I believe that that genera is times more populous than porntrolls. Although some troll firms do both porn and website pictures (CEG_TEK), we usually don’t cover these cases. Our brothers-in arms extortionletterinfo.com do: pretty active community.

      Reply

  38. I think I incriminated myself over the phone because I did not know what was going on. I never received the subpoena so I was caught offguard by the troll. Is this much of a factor?

    Reply

    • Of course I’m not advising you to lie, but keep in mind that whatever you’ve said to the crooks is not on the record. If they recorded the conversation without your consent, they are in big trouble: Illinois takes these matters seriously.

      Reply

      • And in IL, eavesdropping is a VERY serious crime (unless you record a cop or other “public servant” while conducting activities within the scope of their employment…or on the job, not sure haven’t read the total law). Seventh Circuit struck down the part of the law that prohibits recording cops. If it’s not recorded, then it’s just hearsay and inadmissible. Gotta love the IL eavesdropping law 😛

        Reply

        • Do you think it will give them confidence to pursue the case though? I want to go down the ignore route but the phone conversation is not sitting well in my head.

          Reply

        • Oh definitely but if you decide to fight back, they’re in deep shit if they recorded you without your consent. They’re not stupid, they know that. So they’ll target you for more harassment. You say you incriminated yourself, possibly. How so (without providing too many details)? If you think that you “possibly” incriminated yourself, chances are you just provided them with a bit more info. If you had said “I didn’t do it, but my neighbor might have” or something like that, watch out.

          Reply

  39. Can someone post the latest info (specifically the attachment #1 or any new documents) or email it to me at johndoe149malibu at gmail I need to know how to respond

    MEMORANDUM by Malibu Media, LLC in Opposition to motion to sever 16 (Attachments: # 1 Exhibit A)(Nicoletti, Paul) (Entered: 11/16/2012)

    11/16/2012 28 MEMORANDUM by Malibu Media, LLC in Opposition to motion to dismiss, motion to quash 14 (Nicoletti, Paul) (Entered: 11/16/2012)

    11/16/2012 27 MEMORANDUM by Malibu Media, LLC in Opposition to motion to quash, motion to vacate 12 (Attachments: # 1 Exhibit A)(Nicoletti, Paul) (Entered: 11/16/2012)

    Reply

    • Anyone who wants to assist me in writing a response to the opposition let me know (someone needs to post it first or email it to johndoe149malibu at gmail since i dont have pacer

      Reply

  40. I am new to US, can somebody clarify how the process works. I just got the letter from my ISP about malibu media case in FL, but I reside in IL and will be moving to WA soon.

    Can they sue me in FL?
    Will MM be able to find out my new address?
    Will I be served in WA, even if they sue me in IL?
    WA thread is dead, so I am asking here

    Reply

    • They cannot sue you in Florida, period. The only way they can find your new address is to subpoena your ISP. Best of luck with that one, I just wouldn’t leave any forwarding address with my old one when I move (does anyone do that anyway?). I’m murky on this one but it goes to reason that they can sue you in whatever federal district court would have had jurisdiction over you when you lived in IL seeing as how they allege the “infringement” occurred while you were a resident of IL. Will they serve you in WA? It’d be a colossal pain in their asses to go after someone in another federal jurisdiction when they absolutely cannot file anywhere but in the jurisdiction in which the alleged infringement occurred…and they’re lazy as hell so even if they find you in WA, I doubt they’d ever bother to serve you with summons because even deposing you would cost them a lot of money.

      Disclaimer: The above is for discussion purposes only and does not constitute legal advice.

      Reply

      • Thanks. What happens if I move, do not give anybody my address and they decide to name me in a case in IL, how do I know if i’ve been served?

        Reply

  41. Found this interesting for all NDIL ia700306.us.archive.org/21/items/gov.uscourts.ilnd.270438/gov.uscourts.ilnd.270438.15.0.pdf …

    Reply

  42. Would someone please post the following two documents or email them to me at johndoe149malibu at gmail

    memorandum in opposition to motion

    and

    Exhibit A

    Reply

  44. Any news on the case Malibu Media LLC v. John Does 1-49 1:12-cv-06676?\

    Its been very quiet, has no ones lawyer responded yet to Malibu’s opposition?

    Reply

  45. Hey, I am the Doe that got called by MM yesterday. The weird and creepy thing is that today I got about 12 calls from different insurance companies, about a car insurance quote I requested on Nov 27. But I did not do such a thing. Could it be the way they check for my assets or something? If it’s a co incindence it is a very good one

    Reply

    • This happened in EDMI and it was speculated that Lipscomb’s group sells Doe data to telemarketers as a harassment tactic and as an additional income stream. As I said, just speculation but…. .

      Reply

      • As soon as Prenda started fucking with me, telemarketers began blowing up my phone and I don’t believe in coincidences when it comes to scumbags. I’d bet Steele would do the exact same thing as Lipscomb (hypothetically speaking of course) since they’re cut from the same cloth.

        Reply

    • Illinois AG Lisa Madigan? Well you can try but she has bigger problems like being a named defendant in about a dozen different gun-rights cases, she filed suit against Standard & Poor’s along with like Wells Fargo and some other mortgage originators and (according to leaks apparently coming out of the Seventh Circuit) she’s on the losing end of a challenge to the state’s concealed carry ban. She’s also up for reelection in 2014 but you could elect a hamster to office in this state as long as it has a “D” after its name. I mean, Gov. Quinn is literally the least popular Governor in the entire U.S. plus territories. He has a 25% approval rating, 64% disapproval rating…and yet according to polls conducted, he’d only lose reelection to one state senator by 7 points and to the Treasurer by 4, and he’d beat an extremely popular U.S. Congressman out of Peoria by one point, which obviously means that those who disapprove of Quinn would vote for him anyway. Einstein’s definition of insanity.

      Reply

      • Politics are a real cluster fuck in New England, but it sounds like things are even more bass-ackwards in Illinois (no offence)!

        Reply

        • Oh, they are. I live downstate and in the last gubernatorial election, Pat Quinn won 3 counties out of 102 total. The rest broke for the Republican challenger State Senator. If you can win a gubernatorial race by winning 2.9% of the counties in a state, there’s a serious problem with the electoral process and shows how much pull Cook County has over the rest of the state. People actually want Cook County/Chicago to become the 51st state because of how all of the Chicago politics fuck up the entire state. As the saying goes, there’s Chicago and then there’s Illinois.

          Don’t even get me started on gun control in this state either. I gotta have a fucking FOID card to even possess a single round of ammo or I’d be charged with a Class A misdemeanor. FOID Act states that the ISP MUST issue or deny within 30 days…well, no, that never happens. Last I checked, waiting period is 57 days from date the check is cashed. One of the applications plainly asks yes or no, “Are you mentally retarded?” haha. OK fine I really have no problem with them running a more thorough b/g check on people but it’s unconstitutional to make people pay ($10) for a Constitutional right, plain and simple. It’s not so much the FOID card, it’s the Gestapo-like enforcement of the Act (they don’t destroy FTIP records so they can run a FOID number and find out how many guns someone owns) and the outright ban on concealed carry. I can carry in 37+ states with my permits (every state surrounding IL) but not in Illinois. Moore v. Madigan will likely change that but will end up in SCOTUS. The Seventh Circuit heard oral arguments and still has not issued its opinion, which likely means it will side with plaintiff seeing as how it kicked the Chicago gun ban up to SCOTUS seven days after the petition hit the docket (one judge said “This is out of our league”).

          Lisa Madigan is the daughter of the speaker of the House down in Springfield. She wins via landslide and some magazine even put her on a list of “Possible First Female U.S. Presidents” or some shit. Her daddy has been in office since the Nixon Administration and the Chicago liberals just won a veto-proof supermajority in both the House and Senate. Quinn actually just attempted to gut an entire bill using the amendatory veto process and replace it with his own version of AWB (assault weapons ban) but both the House and Senate overrode it by a 3/5ths vote because it’s unconstitutional (state) to use the process to do what he did. Chicago runs this whole damn state. Blago pissed off the Chicago Machine, he paid the price. Quinn won’t do the same.

          Reply

      • Citing Judge Shadur was either meant to have a dual effect or Doe 1 had no idea that Shadur is the original “I NEVER want to see another one of these cases again” federal judge. I second that Doe 1 did a VERY nice job. Of course, Nicoletti is a knuckle-dragging idiot so he’ll just argue the usual drivel about Does not being parties and what have you.

        Reply

  48. Malibu and Patrick Collins just filed five more new suits in ILCD, each consisting of 4-7 does each. Plaintiff counsel is again Mary K Schulz. One of the Malibu is Nicoleti.

    Reply

  49. Well, Malibu Media is back at it hardcore in NDIL. And it’s Mary K Schulz filing. And she’s every bit as incompetent as the rest of the trolls. All three new cases today are cookie cutter complaints. And she apparently can’t even figure out which district she’s in.

    http://www.ilnd.uscourts.gov/Recently%20File%20cases/12cv9724.pdf#toolbar=1&navpanes=0&zoom=100?iframe=true&width=100%&height=100%

    http://www.ilnd.uscourts.gov/Recently%20File%20cases/12cv9727.pdf#toolbar=1&navpanes=0&zoom=100?iframe=true&width=100%&height=100%

    http://www.ilnd.uscourts.gov/Recently%20File%20cases/12cv9719.pdf#toolbar=1&navpanes=0&zoom=100?iframe=true&width=100%&height=100%

    All three cases are file din NDIL and have the heading of NDIL, but all the complaints have this under Jurisdiction and Venue:

    therefore this Court has personal
    jurisdiction over each Defendant because each Defendant committed the tortious
    Case: 1:12-cv-09719 Document #: 1 Filed: 12/06/12 Page 1 of 13 PageID #:1
    conduct alleged in this Complaint in the Central District of Illinois, and (a) each
    Defendant resides in the Central District of Illinois, and/or (b) each Defendant has
    engaged in continuous and systematic business activity, or has contracted to supply
    goods or services in the Central District of Illinois

    And they use wikipedia as a source. God I wish I could get away with this level of laziness in school….

    Reply

  50. I recently received a summons in a civil action in the state of Illinois (Central District). I was named in the suit and obviously I am very frustrated. The plaintiff is Malilbu Media and represented by Nicoletti and associated PLLC from Bloomfield Hills MI.
    Obviously, I need to get counsel. The two counsels I discussed this with say it is better to settle. I did not download the movie but was advised that it will be too expensive to fight the case and it would be cheaper in the long run to settle.
    Any advice or story would be helpful.

    Reply

    • Of course it’s cheaper to settle. The trolls know this. If it wasn’t, everyone would fight them and they wouldn’t make any money. What you do is different for each and every person. One person chose to fight on his own without an attorney (Fantalis – look it up on this site) and MM paid him off to go away instead of the other way around.

      Other people settle because they either did it, or couldn’t afford to be associated with downloading porn (gay teens or husbands in the closet for example). If you decide to fight and win, you can likely recovery attorney costs but you would have to file a counter-suit. Nicoletti and his boss “Lipscum” are such pu$$ies, crooks, etc. that they dismiss the suit whenever someone fights back. In that case, I’m not sure you can recover costs.

      It just kills me though that if a person didn’t do it, they are still encouraged to settle. This is what society has come to. if you’re one of the unfortunate people who didn’t do it, it can still cost you your savings just to make the pricks go away.

      I’m not sure anyone can tell you what to do other than get a good attorney (and I mean a good one) to lay out your options (all of them) and you’ll have to decide what you want to do. If the two you have talked to just said it’s cheaper to settle without going into other options then I don’t think they’re very good. An attorney should present all scenarios, good and bad, and tell you what the probability of each is if you want to go down path “X”.

      However, in the short term it’s always cheaper to settle. Long term if you’re innocent and can prove it, then it’s better to fight. That costs money up front and Fantalis fought for 10 months before prevailing.

      Reply

    • Someone can chime in but I thought Nicoletti withdrew from all of Illinois’s lawsuits and Mary K “Schmuk” was taking them over. Without giving away too much info, were you specifically named or were you just identified as a John Doe? I don’t see an individual suits filed in Illinois Central District.

      Reply

    • Hey, I’m sorry for your situation. Would you be able to share some more bits of info. Were your ISP subpoenaed? Do you know the mass-doe case you were first involved in?

      Reply

    • Several random thoughts. First a MM lawsuit can be expensive to settle as they demand $750 per title prior to filing an individual lawsuit and then the demand goes up. So to settle a 20 title site rip will cost at a minimum $15,000 to settle although I am sure some have been able to negotiate it lower. That kind of money can buy a lot of legal services which is why you are seeing more and more of these lawsuits not settling with Does putting in answers or motions to dismiss. Second, MM has some serious problems with some of their titles having been created before MM was created and this standing issue is currently being argued in at least two federal districts. Likewise with the rise of these individual lawsuits Doe Defenders are starting to make some strong arguments that the complaints should be dismissed because they are not specific enough to meet federal pleading standards. Lastly, I have looked at hundreds of these cases over the last year or so and can tell you that only 2 have moved past the stage of joinder of issue (when a defendant puts in an answer). Rather they stall at that stage and are eventually dropped which is not to say how the future will play out.

      Best of luck and be sure to consult with an experienced Doe Defender (some are listed above).

      Reply

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