Indiana

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  1. I just checked 1:12-cv-00841-SEB-MJD vs 1-23 case. It is also assigned to Judge Dinsmore. But i can only see these three documents about a teleconference. I dont see the same order as for the case you discussed. I checked on http://dockets.justia.com. Is there another site to check?
    Also, I wonder if the judge will make the same order for every cases?

    Filed & Entered: 09/19/2012 Docket Text CORRECTED DOCUMENT
    Filed & Entered: 09/19/2012 Docket Text Pretrial Conference – Interim
    Filed & Entered: 09/19/2012 Docket Text Scheduling Order

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    • Seems to me he has to file these sealed documents because of the following (Off Docket 16)

      1. No later than two days after receipt by Plaintiff of
      any response or any other communication relating to a subpoena
      issued to any Internet Service Provider or any other person or
      entity in this matter, Plaintiff shall file under seal in this
      matter a copy of the subpoena issued and the complete response
      received, including all communications between Plaintiff or its
      counsel and the person or entity upon whom the subpoena was

      When I look at 1:12-cv-00841-SEB-MJD It states…

      09/21/2012 18 SEALED Notice of Filing Subpoena Issued to Bright House Networks, re 16 Pretrial Conference – Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
      09/21/2012 19 SEALED Notice of Filing Subpoena Issued to Comcast Corporation and Comcast’s Response, re 16 Pretrial Conference – Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena and Response)(Nicoletti, Paul) (Entered: 09/21/2012)
      09/21/2012 20 SEALED Notice of Filing Subpoena Issued to Embarq Corporation, re 16 Pretrial Conference – Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)
      09/21/2012 21 SEALED Notice of Filing Subpoena Issued to TDS Telecom, re 16 Pretrial Conference – Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena, # 2 Letter from ISP)(Nicoletti, Paul) (Entered: 09/21/2012)
      09/21/2012 22 SEALED Notice of Filing Subpoena Issued to Frontier Communications, re 16 Pretrial Conference – Interim, filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Subpoena)(Nicoletti, Paul) (Entered: 09/21/2012)

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      • Ah. And I assume that it’s sealed because the subpoenas and their discovered documentation would have subscriber information in it.

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  3. Any other does receiving calls from “unavailable” number? I am thinking this might be Nicoletti trying to do some fishing without letting the courts know about it.

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  6. I doubt it will gain traction. And of course he won’t give up. It doesn’t cost him appreciably to file an objection, and everyday these cases stay in the courts, he will get more people to cave and settle. Even if 3-4 settle, he’s going to make a tidy profit.

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  7. Nicoletti has filed an “Amended Complaint” on 1:12-cv-00841-SEB-MJD

    Looking it over but would be awesome to have Raul chime in on this. I get lost in the “Legal-ese”.

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  8. Whelp, a very big difference that I can see is Nicolettii has revealed names of the defendants, and amended the complaint to reflect that. It looks like the counts and demands have remained the same. Nicer format though; I wish I could get RECAP to upload it but the CMECF has document #22 listed with attachments and it won’t upload.

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    • OMG! For awhile now I have been playing my version of “Which Troll Destroys Trolling?”. The first and most obvious candidate was Meier as he is as slimy a Steele just nowhere near as slick. Next candidate was Perea as his hubris and nastiness in the SDFL is getting his mojo into deep shit. Then there was Cable who had the misfortune of having a troll trap sprung on him by a much superior intellect. But NOW we have an unbelievable gamble by an attorney who loves the long odds and yet, usually, craps out. If even one of these named defendants has a buddy who is an attorney or possesses the financial wherewithal to hire a junk yard dog to defend, trolls are going to bleed across USA. Stock up on popcorn.

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      • Forgot Kotzker as he has also invited counterclaims which Nicoletti will see no doubt. Even Fiore, Lipscomb and Kushner are getting aboard the “CEG ACTUALLY JOINS ISSUE” train in a pathetic attempt to justify their business model before the eyes of an increasingly skeptical judiciary.

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      • My case (and another copycat Sperlein case) was also amended as he named a handful of defendants (~10). All but 2 were eventually dismissed (not all of them settled), 2 defaulted and no one seriously fought back. There were some good motions, but nowhere near the ones we witness today.

        Times have changed, and I hope that you are right, and it is indeed a dangerous (for trolls) strategy today.

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      • Okay, but for those of us who were named, what does this mean for us moving forward? Any guidance on what’s going to happen and what we need to do?

        Do we have to get attorneys now? Do I now have to spend boatloads of money defending myself against a bullshit charge for which I’m totally innocent?

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        • After reading DTDs webpage I think we don’t have to respond unless we receive a summons. What I am unsure of is if being named is going to automatically trigger a summons or if something else needs to happen.

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  10. Raul, I think that one of them IS an attorney! A quick search of the names turns up a *bunch* of targets that Nicoletti would be committing suicide to try an pursue.

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  11. Did a little more research. If any of this is incorrect please feel free to correct me.

    So naming us will make the clerk write up a summons for each named defendant. These are then given to the Plaintiff who then has to serve us a copy of the summons and complaint within 120 days or it will be (possibly) dismissed. After this defendants are required to answer. The Fantalis counterclaim is an example of the “answer” phase.

    The decision to lawyer up or not at this point seems like gambling if Nicoletti will serve us within the 120 days or not. I’m thinking this is when the settlement letters start but I am not sure about this part.

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  12. 1:12-cv-00845

    Nicoletti just filed a amended complaint naming the individuals in the case. He called for a jury trial. Not sure if I should link the document because it has individual names.

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    • Didn’t realize there was a second page, seems I’m behind the times. I would love more advice on this situation. I’m not sure I understand the full implications of the amended complaints.

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  13. So I see I am named on 1:12-cv-00841 case. But I still havent received any call or letters from the trolls. Is this just a matter of time? Should I hire a lawyer now or after I receive a summon?

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  14. Does anyone have any suggested copyright defense lawyer in Indiana? And best if covered by Hyatt Legal Plan since I am considering to enroll in that plan to save some money

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    • I am going to start calling around today and I will give feedback on what I think. I want to find a troll savvy and cost effective lawyer so might try to get some attack plans and cost estimates. Best to weigh some options at this point I think. Lets find someone good enough to run circles around Nicoletti and do this thimg.

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  15. I think the does here can share some good laywer info and the price might go down if one or few lawyer can represent several of the Does, since our cases are quite similar, the lawyer can save lots of work and give a quite good price

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  20. So I was rereading the courts order on 1:12-cv-00845, and section 4 caught my eye. I think we’ll have an idea where Nicoletti is going very shortly (and by the way, the calls from LA have stopped for me, though given the judge said to “stop” I guess that doesn’t surprise me). Here’s the sections I was re-reading.

    4. Within seven days of the identification through discovery or otherwise of any putative Defendant, Plaintiff shall file an Amended Complaint naming that Defendant and shall undertake immediate efforts to effect service of process upon that Defendant and file such proof of service with the Court.

    Many are now named, but I’ve heard no one who has yet to receive a summons. At this point, because the Court has prohibited Nicoletti from contacting Defendants, my interpretation is the *only* communication you would receive would be service, and because the court has stipulated that Nicoletti “undertake immediate efforts”, if service is coming, it won’t be long to wait.

    Thats the point I say lawyer up: once you’re served. There’s little point in filing motions now, we’re in Limbo to see if Nicoletti attempts to pursue the lawsuits or drops this case. It strikes me as it’s going to be far more finically advantageous for him to let this one go, and attempt to scare the Does accused of D/Ling multiple movies, or in Districts who are not proving to be as hostile to trolls. My respect to Judge Dinsmore, he seems to be very aware of the precedent being set in other districts, and seems to have little sympathy for those games in his District.

    Like many of you, I’m here because this is my first time exposure to this whole process. I’ve never even had a parking ticket ; -) My advise is my own take on whats transpiring, but find a Lawyer if you need to. I will admit, I’m waiting to see what Nicoletti’s next move is before doing that myself, but I also have immediate family who are lawyers, so I probably feel less financial pressure then some. Additionally, I’m not really concerned about him trying to drag my name through the mud. I’ve got nothing to hide, and know from a technical standpoint, they really have no case.

    Raul/DTD/ experts with legacy: Is there any precedent for the joint representation that a few of the DOES have been talking about? It strikes me as it weakens the defense that we’ve been improperly joined, and have not collaborated/conspired with each other, but once a joint lawsuit is in a court, perhaps joint representation is common. Any thoughts?

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    • I completely agree with this. Doesnt hurt to shop around and get some free consultations though. I did get a response from KLF though and he has had previous clients in these types of cases. I would also be interested in experienced responses about buying a lawyer as a group and how that would effect the case. As I see it… We are all accused of the same infringment and the plaintiff meerly uses copy/paste to keep adding on. This is not a unique accusation but obviously each persons circumstance is different.

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  22. I dont know if we are going to get sued by the same case or the troll needs to file another case for the named Does? Or he needs to file a case for each of the named Does?

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  23. So Nicoletti filed an amended complaint on 09/27 and the only difference I can find is formatting so that “Count II” is on the starting of a page 11 instead of the end of page 10. Is this normal or is he trying to buy more time? Is there another difference I am missing?

    Also I talked to lawyers at http://lewis-kappes.com today and they seemed very knowledgeable and are definitely a possibility if it comes down to lawyering up. They also said if we need representation that we could definitely hire them as a group. (If it comes down to that). I would recommend that before you talk to a lawyer you do some research on DTDs site and this one. I was able to talk with them for quite awhile because I already had some background knowledge.

    This whole experience has given me great appreciation for the owner of this site (not even sure who that is) and DTD. You guys are heros… really… you have helped me and other Does immensely and I can’t thank you enough.

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  24. So are anyone is from 1:12-cv-00841-SEB-MJD vs 1-23 case. We might figure out a way of hiring a lawyer to represent us as a group if troll Nicoletti is going to the next step

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  27. Hi,

    I am watching this closely as doe myself. I will watch here may want to join a group of defendants. It seems the judge has backed Nicoletti into to a corner to force him to serve summons and he is NOT ALLOWED to contact us directly to settle. If he does get a an attorney immedatly and go after him. It remians to be seen whether he will just serve us and hope to settle or go ahead with the trial by jury. In any case when you get served you will have to answer within so many days. At that point it may be good to have a an attorney and answer the complaint. There are various ways to answer *like having no knolwedge” etc. Whether he will hope to settle enough after scaring people with summons who knows. He may actually go to trial. There are ways though to make it not worth their effort hopefully. Once the plaintiff has received our name I think he has seven days to file the complaint so you will be seeing conplaints refiled now as they get each name. I think they have 120 days to serves us with a summons or the court can dismiss. Once we get served we have 21 days to answer the complaint or the court can find for the plaintiff.

    IndDoe

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  28. Does anyone reading this thread have any experience with filing a motion to quash or vacate the Subpoena to keep your name out of it? Anyone know how much this would cost? This is an issue for teachers (etc).

    Just wondering if it makes sense to let the ISP give out your name and deal with it later?

    Any thoughts or comments please!

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  29. From what I have seen the MTQ/S/D have not been working very well. it may bring attention to your doe # and the plaintiff might see that as you having money or a need to hide and therefore get you to settle easier. I think lying low is the best way so far. One way to fight this might be to file MTS (motion to sever) all defendants. Try to prove that the Joinder is wrong. Then they would have to file each case separatly and they may lose interest at 350 filing fee for each doe.

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  30. So I wonder if it is possible to answer the complaint by myself and when it really goes to trial then I will hire a lawyer. Or I have to hire a lawyer to do those things for me?

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  31. Anyone part of the Ratrick Collins, Inc s. John Does 1-11? I just received a letter yesterday and started my research and came across this site

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  32. Anyone who’s been named in the Nicholetti cases get served yet? Is now just a 180 day waiting game to see what happens?

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    • I thought that the judge said he had 7 days to name people after their identifying information was obtained? Is naming not the same as being served? I assumed that if they had to name people within 7 days that they would be served with a notice that they are being sued..

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        • not been named yet here. I think he has 7 days to name and re-file the complaint (with our names in it) after the ISP gives him the names. From there he has 120 or 180 days (not sure) to serve us with a summons and then we have 21 days to answer that summons. Then I guess a trail date is set after that.

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        • In the order:
          4. Within seven days of the identification through discovery or otherwise of any putative Defendant, Plaintiff shall file an Amended Complaint naming that Defendant and shall “undertake immediate efforts to effect service of process upon that Defendant and file such proof of service with the Court”.
          So I wonder if troll should also start the service of the named Does within 7 days according to this order?

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    • I’m wondering if they’re in a rush to attempt to get as many default settlements as possible before the thing in PA explodes.

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      • Nicoletti currently has 65 federal cases of this type (Between Patrick Collins and Malibu Media). His are the Michigan Illinois and Indiana cases. Some of these are individual cases but most are mass John Doe cases. How many can he handle at once?

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  37. So here’s a question. What is “International IP Tracker”? They claim their “Internet Investigators” used this software. I am unable to find any information on this software except in these cases.

    1. Has it been licensed? (Doesn’t look like it to me)

    2. Is there any proof that this software or the company using it has any sort of accuracy whatsoever?

    3. Could it just spitting out random IP addresses?

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    • 1) no, 2)no, 3)kindof

      the software is more than likely a modified bt client that has the ability to drop the peers it is dling from after a tiny ammount is dl’d from them, and then randomly establish a connect with a new peer at will, all while logging every peer’s ip and time of connection. generally a tracker limits how many peers you can dl from at any given time, and will randomly drop the slowest one and try to find you a faster one. this client would more than likely try to drop/add peers after say a few kilobytes was dl’d from any given peer, thus maximising the number of peers they dl/from and log. therefore it cannot show that any ip had a whole working file or any number of other things that they claim as true. they infer a ton of info from that tiny snapshot and until it is actually tested in court the judicial system will allow these baseless conclusions to continue. most trackers spit out random anomolous ip’s so sometimes it will show an ip that is wrong, this is a result of the tracker and not the bt client, so there is no way they could have programmed these anomolies out of their client.

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  38. Ok now what? Defendants for case 1:12-cv-00840-RLY-MJD are you ready to pool resources? Any thoughts? In fact this goes for all of the cases. RAUL, how would you play it? I know we’ve been around and around what has the most traction?

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  39. I think it is the time to lawyer up. I left my messages on KLF law company. I don’t know if anyone else has any suggestions.

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  40. Try not to worry, Judge Dinsmore has telegraphed to trolls that his court is not a troll brothel. Do not panic, sit tight and watch carefully. Do not pay Nicolletti a dime.

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  41. But should we reply the summon? I think once we received it, we only have 21 days to reply otherwise we will face a default judgement. Meanwhile I contacted KLF, they will charge about $200/hr. I wonder if we do answer the summon by ourselves, will that make us a easy target for the troll?
    Also, even though we can see the summon are posted online, as long as we havn’t received it, does it mean there will still be chances that the summon will be quashed by the Judge?

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    • Does anyone know, how much time after the summons is filed do they have to serve it? I may be interested in pooling resources with the other does in 1:12-cv-00845.

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      • i think it’s just a matter of time before we received the summons since they have already been issued. However, whether it will go to trial is still not very clear. Maybe only few of them will

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        • Whether these go to trial or not depends on a number of things. Depending on a Doe’s answer to the summons, plaintiff may decide to move forward or dismiss. They (Doe) could still settle at this point as well. Ignoring the summons will likely result in plaintiff filing for default (because it’s easy) based on no response. If someone wants to fight the summons then it would for sure go to trial unless the plaintiff backs down. It’s a big game of chicken in some instances.

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        • Correct me if I’m wrong but, from everything I’ve researched, there’s never been an actual case that’s gone all the way through to a completed trial. I don’t mean default judgments but an actual “Here’s all the evidence…jury or judge comes to a decision…person is either found “guilty” or “not guilty.” Is that correct? Especially in cases where the only evidence is ownership of an IP address.

          If that’s the case, the best course of action seems to be to wait for a personal summons, hire a lawyer, and have the lawyer basically tell them to put up or shut up since it’s looks like they always back down unless they have better evidence than an IP address.

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  44. I would advise to not let people on the internet make the decision for you. While they give excellent advice, they do not know your actual circumstances or if you actually did the deed This site and the copyright trolls are on two extremes and obviously each has their own agendas. If this site and DieTrollDie site had their way everyone would fight back all at once. If the copyright trolls had their way everyone would settle. Everyone’s circumstances are different. I would highly recommend evaluating your options with an impartial attorney you trust while using the information we’ve all learned as talking points. If you find an attorney that has dealt with these cases before they should already have a gameplan for your specific circumstances.

    But above all… Don’t panic. Use your head!

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    • Hard to disagree. Emotionally I’m probably indeed on the extreme end, and understandably upset when people settle. At the same time, I’m trying to be factually and logically correct, and my # 1 advice has always been: think critically, mine for data, and don’t make decisions in a haste.

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      • Judge Dinsmore’s order has forced Nicoletti’s hand, he has no choice but to obtain summons while threatening Does with service as the clock ticks away. This is extreme troll gamesmanship and I would be VERY surprised if the troll takes all this to the next level.

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  45. Nicoletti filed for an extension of time effectuate service on 10/16/12. We might get to see how short Dinsmore really has his leash.

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  46. It looks like Nicoletti filed for an extension on the 1:12-cv-00845 case. The only reason I can think of for them to do this, is because they didn’t realize they were going to have to serve 29 defendants in this case and many more in the other cases they have open. If they were really planning on going to trial with these cases, they would have been ready to serve the summons as soon as they were filed with the county clerk. Is it possible for the judge to deny this motion? Or would a defendant have to file for a motion to deny the extension of time?

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  47. I just checked the docket for 1:12-cv-00841. It looks like Judge Dinsmore gave Nicoletti until November 6th to serve the summons. What happens if the defendants don’t get served before then?

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    • The dance continues. Plaintiff would likely file for another extension. It just depends on how long the judge wants to let them yank the court’s chain. Even if the judge dismisses it, it would be without prejudice which means they can file again (I think). I think it has to be dismissed twice against a person before they can’t go after you (for that alleged infringement) anymore.

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    • The judge has been approving extensions. In other cases around the country these type of extensions are a few months. He will give approx 2-3 weeks and probably won’t give another. I get the impression that the honorable Dinsmore doesn’t take any crap.

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  48. I recently contacted Mr. Mills (a very nice guy)from firmequity, which is I found thru DTD. Though he is not licensed in Indiana, which means he cant represent us for the case, he gave me lots of useful advice about this case. Also he suggests that all of the Does should all find the same one or two lawyers to file the answer, even though the lawyer will write separate answers for each does, since the case is similar, the fee will be much lower than each one finding his own attorneys. He told me that he usually charge $1000-1500 for writing an answer, but if lots of people have the same case, the fee will be as low as $200. He also send me a list of copyright attorneys who are licensed in Indiana. I see KFL company is in it. So i wonder if anyone would like to find the same lawyer and probably we can work this out with the attorney and ask for a discount.

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    • I’m interested a s well please let me know how to contact. I am setting up a gmail account under indiana johndoe31@gmail.com. malibu media vs john does1_9. nicolleti is attorney. also does anyone know if we pay an attorney how we can get money back if dismissed. case 1:12-cv-01116-rly-tab

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      • I think we only need to wait till we receive the summon and complaint and hire an attorney to write an answer. When it goes to trail, then we need to hire the attorney to represent us. Before that, we only need to pay the attorney for writing an answer.

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  49. Hand any experienced IP atty the Fantalis docket and a link to this site. Hire them in a group like they did in Florida. It worked there and it’ll work in IN. It’s not Beryl over there.

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