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345 responses to ‘Indiana

  1. The first settler has come forth. Stay strong people and lets make him fight all of us!

    UNITED STATES DISTRICT COURT
    SOUTHERN DISTRICT OF INDIANA
    INDIANAPOLIS DIVISION
    MALIBU MEDIA, LLC, )
    )
    Plaintiff, )
    vs. ) NO. 1:12-cv-00840-RLY-MJD
    )
    JOHN DOES 1-8, )

    Defendants. )
    MINUTE ENTRY FOR OCTOBER ENTRY FOR OCTOBER 29, 2012
    SETTLEMENT CONFERENCE
    HON. MARK J. DINSMORE, MAGISTRATE JUDGE
    The Plaintiff and John Doe 1 appeared by counsel
    telephonically for a settlement conference. The parties
    discussed issues relating to settlement. Accordingly, the Court
    will grant, by separate order, relief from the Court’s no contact
    order to allow these parties to continue their settlement
    discussions directly. Counsel for Plaintiff is ordered to serve
    this order on Counsel for John Doe 1.
    Dated:
    Distribution:
    All Electronically Registered Counsel

  2. Wait till the summon come and let’s contact the attorney listed on top of the page. The fee shouldnt be higher than the settlement fee if lots of people are hiring the same attorney to deal with the same case

  3. Anyone received the summon yet? Seems like except 1:12-cv-00845-TWP-MJD, all the other cases summons are due tomorrow. Does it mean the troll should send out the summon by tomorrow or we should receive the summons by tomorrow?

    • Have limitted access to court filings as am working with a iPad so am not sure about the service deadline but do believe Nicoletti is engaging in brinkmanship and has no desire to actually serve anyone. With the shit storms currently playing havoc with CEG/Lipscomb in CO and PA do not believe Nicoletti wants to mix it up with another skeptical judge, but he just might be an idiot.

  4. Correct me if I’m wrong but wasn’t today the last day serve the summons for 1:12-cv-00840? It looks like he didn’t serve anyone on this case right? I’m afraid I missed something!

    • Nicoletti now has too many cases on his hands. Anyone fighting him at this point will have the upper hand. He swam into the deep end not realizing it was full of sharks. Sharks with lasers on their heads talking about how to drown a troll in his own filth. Deadlines will come with no activity now in many cases the trolls are beginning to feel fear. The feeding frenzy is coming and Brigham and Collette would be smart to run away.

    • Do you see in the motion to extension of time he states he serves some Does already? For 00841 he did. Also I wonder why it takes him so long to serve the Does, does he just copy the complain for every Does? Since to his knowledge, all the Does is the same to him with the evidence he has. Why he needs to write differently for each Does?

    • I think it is better to hire one or two lawyer. As i talked to a lawyer in another state, he suggests hiring the same lawyer will reduce the billing time for each Does if we have similar cases. The lawyer can save time writing similar answers and thus the cost will be less

        • I havent received the summon yet. I know one of my friend is in this case too, so we are going to hire a lawyer as soon as we got the summon. Maybe you have already got the summon, since the time is pretty limited, so I think maybe you can find a lawyer tell him you can refer some other people to him fro the similar cases and ask him if this can lower the cost. And we can share the lawyer info here so that more people can hire the same lawyer.

  5. Two new cases last week Malibu Media vs. Does. Indiana southern district. Nicolleti again… sigh…Motion to ship these scumbags onto their own island where they have no innocent people to harass.

  6. Some info I received from an Indiana attorney today:
    “Nicoletti (Plaintiff’s counsel) has been non-responsive for over a month when I’ve reached out to his office to settle for other defendants. Therefore, I don’t know whether settlement is even possible at this stage. You can file an answer (or motion to dismiss, etc.) within the deadline or accept the risk of a potential default. I’ll note that most defendants I’ve talked to have decided to do nothing and wait to see if there’s a default judgment, with the hope that it is no higher than the $400-500 range. If you do decide to file an answer, most civil litigation attorneys should be able to assist with that.”

      • For those of us who do not have the money or assets for a copyright defense or even a few thousand for a settlement they will get the same amount of cash either way. It’s class warfare. They have the money for attorneys fees and we don’t.

        The civil litigation process has become a chess game for the rich. Poor people are just victims. Filling pro-se without a legal background is suicide. The system is so overrun with technicalities that both the plaintiff and judge will easily strike or counter any pro-se motions. I wish it were different but it’s not.

        What will the plaintiff do when you file an answer. Respond, respond and then respond some more causing your litigation costs to skyrocket. The people who are waiting for a default might be able to answer, but won’t be able to fund a full copyright defense. For those people the only hope is the mercy of the judge.

        • That’s missing the point, because regardless of evidence, not responding the complaint forced the Judge to award the default damages. The actual award could have been much smaller if the defendant had actually showed up, or answered the complaint.

        • So you’re saying all default judgements will be 1.5 mil? I wonder why so many are going to wait this out instead of responding.

          • Guys, you are clearly confused what “waiting it out” means. There is nothing wrong in waiting out while receiving threatening letters and calls (although if you are singled out or in a group of a few, retaining an attorney is highly desirable). What is NOT OK to wait out is when you received summons and obliged to file an answer in 21 day. It can be anything. Again, attorney-drafted Answer is by far preferable, but even sending an informal letter saying “Hi, judge! I hear you! Did not do that” will prevent you from the default judgement.

            Note that a default judgement is reversible (with a help of a good lawyer) if there are valid excuses. There were cases (Liberty Media v. Tabora) when a pro se defendant was able to strike a default judgement. But, of course, it is better not to play with fire.

            This type of confusion is being promoted by trolls: look at the yesterday’s TF article and Prenda’s ransom letter: it is deliberately confuses “ignoring” of troll communications (which does not bear legal consequences) and “ignoring summons,” proceeding to show scary numbers.

        • No, it depends on the case. Some of these are single file, 2 count infringement cases. 150k is the default per count so multiply that by the total number of complaints per suit and you’ll have your number.

          People are waiting on a lot of cases because they have not been served. BUT the second you get service, the clock starts ticking. You have to file an extension or answer otherwise regardless of merit or evidence, the case will most likely default.

  7. I have contacted overhauser if anyone wants to pool resources let me know and I will set up an email account to communicate with you.

  8. The problem s that us does are getting different information from an actual lawyer. We are being told the default could be $2500 or so but most likely less than $7k. I am double checking with the lawyer. If we are being fed false I think I will need to file an extension because the due date is soon.

    • You need to file an extension or answer the claim regardless. If you’ve been served you *cannot* leave it unanswered.

      Now, are you saying that you’re getting different information from the same lawyer? Realistically, unless they’ve had direct contact with the the party suing you and an offer for a settlement, then it’s purely conjuncture. Any lawyer is going to give you a speculative range, of what a settlement *might* look like based on the fees involved, case history, and precedent. If multiple lawyers told you that settling would like like approximately that amount, then I would agree with them, that it’s realistic.

    • No, it depends on judge, and can be ANY number:

      Recent Prenda’s default in Florida: 150K (max)
      My case (Alsup): 20K
      Two cases in Arizona: $750 each.

  9. Question regarding a nicoletti scandal…

    What if I found a recapped doc that says “Summons Issued” for me, but I haven’t gotten anything in the mail or heard anything?….hold off on the lawyer? I’m just worried they are trying to pull something over on us…especially with the slowdown on things because of the holidays. The “Summons Issued” doc was toward the end of October, though there’s not any “must serve in 21 days” or “requests for more time for service” I see mentioned for other cases.

  10. The summons I received was left on my porch during a weekend while I was out of town. It was not given to a person and did not list the plaintiff. You can let the judge know about your situation and could get the case dismissed. They may just file against you individually though and serve you correctly the second time. A valid summons must include both defendant and plaintiff and be delivered to someone at the defendants residence or workplace.

    • You got served via the “nail and mail” method so expect a copy of the summons and complaint to arrive in your mailbox. Service of process is controlled by state law. In some states nail and mail service is not sufficient for the entry of a money judgement. That being said, get thee to an attorney ASAP. If you win, which is likely, you may be able to recover your legal expenses as a prevailing party.

  11. if we all got our summons in this manner. we should let the judge know. this is an abuse of process. did anyone get the summons legitimately

    • I didn’t get a summons at all, but it’s been more than 21 days since I saw my “Summons Issued” Recapped….this is what worries me.

      Raul, are you suggesting taking a Summons if we find ourselves on Recap or Pacer to a lawyer BEFORE we get anything physically in the mail (or on our doorstep)?

      I guess I”m worried about a bogus default judgement or something crazy like that, but I don’t want to prematurely hire a lawyer either. If we can see the “Summons Issued” on Pacer, is that pretty much a guarantee (perhaps because of requirement by law) of service?

      I owe you all, keep sharing, and I’ll keep posting what comes my way. Thanks.

      • Just sit tight but do make contact with an attorney, most will give a free initial consultation. I believe that I have suggested Erin Russell but there are numerous Doe Defenders, do your homework.

  12. I have just got a summons, for the 00845. Is there other people in this case getting a lawyer for the group? If so let me know whom to contact.

    Question:
    The date on the summons says 10/15/12 and it says to respond in 21 days. So getting it last night would have put me past the 21 day mark to respond? Or do I have 21 days starting today?

    Thanks

      • Received a summons on 845 last week. Talking to Paul Overhauser next week (his profile link is earlier in the thread). I believe several others are talking to him also.

  13. I guess I will be contacting Overhauser on Monday for 00845. Anyone know a ballpark dollar figure we should expect for him to respond to the summons?

  14. The summons I got for 00845 came at about 7pm and was a lady just handed me papers, there was no signature required. Just sharing some info about my summons 😛

  15. Here is my opinion on what they are doing. They got people to settle early then used that money to actually serve the summons on the others. Then they will hope for default judgements or more settlements. There is no way they will take this all the way to court. This is just my opinion.

    • You can just read about the Fantalis case if you didn’t follow it. It’s a mess. It is a mess and it is not fair. But MM is going after the low hanging fruit and the weakest amongst us. They got the settlements out of those that it could, and now its serving the rest (mostly out of necessity since judges are now not allowing the cases to continue if they don’t serve) and hoping for defaults.

      Chances are if you were to fight it, you’d win. At least looking at what happened in the Fantalis case. Even if one was guilty, I highly doubt they’d win at trial. Because they don’t want to go at trial.

      As far as I know, not one single hard drive has every been scanned by any of these companies to see if the alleged download is on the defendant’s computer. Any time it gets close to discovery, they pull the plug on the case.

      The horrible thing about it, though, is that it still costs money to either hire an attorney or spend a hell of a lot of time yourself figuring out the laws and writing briefs and going to court.

      Like I said, in a lot of these cases MM or whoever the troll is has no choice but to serve the summons, otherwise the judges would kill the case.

      • Ok so it is only a matter of time until we get summons then. Is hiring a lawyer as a group is cheaper, how much would the fight cost in general?

  16. Guys and gals, don’t worry about trying to coordinate among yourselves with fake emails etc. Just agree what lawyer you’re all calling and let the lawyer handle the logistics. Make sure the lawyer understands what is going on and what you expect as a group. You won’t even need to know each others’ identities. Hand the lawyer the fantalis complaint/docket and a link to FCT and DTD sites. A competent attorney will see what is going on and get it taken care of.

    Several of you talked about overhauser or something, just call up the office and tell them that you’re part of the lawsuit and they should be able to handle the rest.

  17. Im out of town for now and i believe my summon should be there already. i think ill also contact overhauser too. idk if anyone has got an estimate cost from him for filing an answer

  18. also for those not too sure of the procedure, the issued summon posted on pacer is not the day he plantiff send it out. its the day that the court send out the summon to the plantiff, and plantiff shall write a complaint to the defendant and send out the complaint with the court issued summon to thedefendent. by the time the defendent receive the summon, the 21 days start to count down. and a receipt will be sent to the court so that the judge will know when the time exprire for an answer.

  19. I think I’m going to play dumb. I was never served in person and never received anything in the mail. I can speculate if paperwork was left on my door it blew away…

  20. For case: 1:12-cv-845

    At this point, if you receive a summons, obviously hire a lawyer and respond to the complaint. I would point your lawyer to some of the current cases indicating that Malibu Media does not even have the right to sue us. I honestly hope this doesn’t cost us much money, but at the very least, it looks like we are in very good position to defend.

  21. So, if the deadline has passed and I have not received a summons, can I assume I’m in the clear unless they re-file? Or do I need to double-check with the court?

    • It is the same case here. However, it does not mean you are clear. The troll can always serve you when he asked for the permission from the court. Also, there might be a chance the troll didnt serve you properly, from the previous posts, some people found the summon leaving on the porch so there might be a chance that we didnt get that. I will ask a lawyer later what will happen for the latter case.

  22. IN Does who hired a lawyer, can you tell me how much was it? You can omit lawyer’s name if that’s a problem. Thank you.

  23. I received the dreaded letter from Comcast that my information will be released mid Dec. This is a case in Indiana’s Northern District. Well I read all I could find on these type of cases and decided to hire an lawyer to contact Paul Nicoletti’s office to settle before my name is released, I thought it would be less expensive to settle before my name was released, the lawyer was 500 and they said Nicoletti wanted 3000 and will reduce to 2500. I just wanted to post this so others can make a more informed decision as to what they want to do. Although I don’t know what Nicoletti’s letter would be asking for I believe it would be in the 3500 range. If anyone has a Nicoletti letter I would like to know what the amount asked for is.

    • It is your choice and no one has a moral right to tell you what to do: it is your situation and you know what is best for you.

      I made my choice as well and elected a 3-week vacation in Hawaii.

      Good luck and best wishes.

  24. Just remember that in the end… We win and the trolls lose. Collete and Brigham will be known far and wide as evildoers for the rest their lives. They have ruined their reputation. The internet never forgets. Xart is ruined and any new site created by these trolls will be ridiculed and boycotted. Every time they sue an innocent doe and bully them with the court system they create one more person who will spread the word of their evil acts. We do not forget. We will make sure the world knows of you and your evil for the rest of your days.

    • Yeah most likely defense will be more expensive, that’s the whole troll business model. Although you might get it back if you win, but I have no idea how easy it is to get all expenses paid.

    • First of all, people on this website can be trolls pretending to be a Doe and try to persuade people into settling. Especially be careful with those posts that use friendly words towards the trolls. Secondly, the cost of settlement is average $3000/movie, and not a single case of these massive Doe cases has really gone thru the trial, at most default, thus the attorney fee will not be too high if the case is dismissed. And it is very likely the troll will dismiss the case during the process because for IN cases, he has to serve all the Does and respond to all the answers, i doubt he can handle that. Thirdly, there is always a way to ask the troll for attorney fees and i would say based on the evidence that troll has, and the attitude of the judge towards them, we have a good chance to be awarded attorney fees by finding a IP lawyer and filing a counter-claim . And also, this is what the troll is afraid of. By serving massive Does, he might get some counter-claims that completely destroy his money making model.

  25. Has anyone ever thought to write/file an answer to the summons by themselves. It seems to me by doing a little research, such as finding other filed answers from does, that it would be fairly easy to write a response. It is easy to do, may take you a couple hours, but is very do-able. Just go paragraph by paragraph and respond to there allegations. Maybe hold off on getting a lawyer till you actually have to go to court, that way the only $ you have spent would be a filing fee and postage for sending response to the troll.

    They do not have sufficient proof that anyone committed an act of copyright infringement, PERIOD. Remember, the ball is in their court to PROVE that you did it, assuming you answer the summons. The evidence submitted in the exhibits is a joke. Exhibit is: An item of physical, tangible evidence that is to be or has been offered to the court for inspection. For example, there is no evidence showing we ever downloaded BitTorrent software or visited any tracker sites. That is just the beginning, The list goes on and on.

    Also, please don’t play dumb and not answer the summons, this will only result in a victory for them.

  26. To sum up, attorneys are the biggest winner of this whole thing. No matter they are at troll’s side or does’ side. Some attorneys are suggesting settlement, because it is really a quick money for them. Some recommend defending but even the retainer fee might scare the does. There are some attorneys might fighting for justice with does, and they will get their name known. There are some does will win this game, like those who are rich enough to hire a lawyer team to fight back or poor enough to have nothing to loose or those who know the law and can fight trolls independently.

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