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169 responses to ‘New Jersey

  1. SJD has asked that we initiate these pages with some basic info regarding the state of trolling in each state so I am going to start off with New Jersey as it is the simplest to summarize. Aside from troll Jay R. McDaniel who has filed a few Baseprotect lawsuits but appears to have not worked them very hard the only active troll is Samantha H. Evens of Bowles, Cohn & Cowe, LLP. She currently has no active cases. In her most recently dismissed lawsuit the Judge tried to force her to move her case forward as opposed to just trying to coerce settlements and she ran away like a (sorry) little girl http://ia700805.us.archive.org/32/items/gov.uscourts.njd.262229/gov.uscourts.njd.262229.46.0.pdf The entire case docket can be found here http://ia600805.us.archive.org/32/items/gov.uscourts.njd.262229/gov.uscourts.njd.262229.docket.html

  2. Looks like they are testing NJ, any info on these Trolls?

    6/26/12
    Third Degree Films, Inc.
    Patrick J. Cerillo – Attorney at Law

    Court Case Number – 3:12-cv-03894-PGS-DEA

    thanks

  3. Looks like it’s a “site rip” lawsuit, going after verizon and Comcast, I hope Comcast to fight this one too,

    Stupid Trolls

    thanks SJD

  4. 6 more from this troll just hit RFC, for a total of 253 possible victims

    Patrick J. Cerillo – Attorney at Law

    Patrick Collins, Inc.

    2:12-cv-03906-SRC-MAS
    2:12-cv-03908-KSH-PS

    Malibu Media, LLC

    3:12-cv-03896-JAP-DEA
    3:12-cv-03898-JAP-LHG
    3:12-cv-03899-JAP-LHG
    3:12-cv-03900-AET-LHG

    Wonder if he knows what he is getting himself into

  5. add 2 more and 90 more victims

    Patrick Collins, Inc.
    2:12-cv-03907-ES-CLW

    Malibu Media, LLC
    2:12-cv-03905-SRC-MAS

  6. Spotted 5 of these on RFC from

    Plaintiff: Century Media Ltd.
    Plaintiff Counsel: Jay R. McDaniel of McDaniel Law Firm PC

    referencing swarms with 3,652 potential victims,

    any info on these trolls?

  7. SJD, DTD and Raul,

    any news about these NJ Trolls?

    thanks Hope everyone except the trolls had a great 4th!!

  8. Raul,

    found the McDaniel Group, but nothing on

    Patrick J. Cerillo – Attorney at Law,

    thanks and great work as always to DTD, SJD, TAC and you.

  9. in case
    2:12-cv-03908-KSH-PS
    Plaintiff: Patrick Collins, Inc.
    Plaintiff Counsel: Patrick J. Cerillo – Attorney at Law John Does 1-43

    7/5/2012 8 ORDER granting 6 Motion for permission to conduct Discovery before holding a conference in the form of serving subpoenas on internet service providers; denying request that this Court enter orders concerning who bears the costs or to compel an internet service provider to comply before the subpoenas are served, etc.. Signed by Magistrate Judge Patty Shwartz on 7/5/2012. (nr, ) (Entered: 07/06/2012)

    does this mean they are letting the trolls subpoena the ISPs?

    thanks

  10. Thanks Raul,

    I wish we could get this info out to the poor victims, I have a bad feeling that not enough people in NJ is as well informed about these evil trolls as other states, judging from the minimal replies in this section.

    “Don’t Feed the Trolls !!!! “

  11. Thanks Raul for posting info, I was wondering what that was, I saw it this morning.

    “Don’t Feed the Trolls !!!! “

  12. What are people’s plans about whether to file a motion to sever or quash for these Cerillo cases? I do hope that everyone educates themselves a bit by reading this blog and DTD’s blog as we should not give Cerillo any taste of success.

  13. Hi all,

    So I got a typical letter from my ISP and it looks like I got to “defend myself” against those scumbag trolls!! But I can’t afford a lawyer AT ALL.. even $500 which is impossible, I still can’t afford that..
    So, does anybody know of a NJ, NY, or PA pro bono lawyer who can help out with this??

    Thanks a lot for help..

    • C’mon! Don’t be lazy, do it yourself. Go to dietrolldie.com to get started. Otherwise, check in with local law schools that may help or check out EFF.

      • Thanks for the reply Raul.

        The reason why I want a lawyer to do this is because I read in many websites that doing it yourself can easily risk the validity/efficiency of the motion in front of the court (in the judges’ eyes).

        What do you think about this? Have there been many success stories for those who filed MTQS by themselves?

        • Not much to go by in NJ as trolling has not been on an epic scale as elsewhere. IMO I think home grown motions to sever or issue a protective order are an excellent option if you cannot afford an attorney as this is relatively virgin troll territory and judges need to be informed.

  14. hey guys just recently got a letter from my ISP regarding the cerillo troll. was shaking in my boots 3 hours ago but feeling alot more confident after reading these blogs. although should i hire an attorney to do the process? money IS an issue but for something like this and being relatively young, 24, i feel as though i should put this in the hands of a professional with clear instructions not to settle?

  15. anybody also dealing with trollbag cerillo? also would love to hear some feedback on the case presented in the previous post. thanks alot guys would have run away screaming like a little child if it werent for these websites

  16. Just got served with case number 2:12 cv-03907; entered Aug,17,2012. Does 1-44. Anyone contact an attorney for a motion to quash? A lawyer in Princeton quoted me 1K. Anyone get it at a lower rate?

    • If you get some responses perhaps you could get a group rate. You could ask the attorney to comment here with his contact info. I he or she gets in on this on the ground floor they could build a substantial practice in this area. Just ask the Doe Defenders in FL.

  17. Researched case # 2:11-cv-04203 entered 7/11,resolved 2/12. Correct me if i am wrong but I see the following – – – – 2012-01-06 24 0 Order on Motion to Dismiss ORDER denying [8] Motion to Dismiss; denying [8] Motion for Protective Order; denying [15] Motion to Quash or Modify Subpoena ; denying [16] Motion to Dismiss; granting [19] Motion to Amend/Correct, etc., Signed by Judge Faith S. Hochberg on 1/6/12. (dc, ) Does that mean that filing a motion to quash is useless? Or am i reading this wrong. Anyone with insight on this case or another closed case in NJ would be very helpful.

    • case number 2:12 cv-03907: Called Attorney: David A Gies, Ewing NJ 609-883-3088. Please call so we can get a group rate.

      • case# 03896 in NJ (Cerillo Troll)
        Does Gies have experience in this type of case? And would he be willing to “mix” cases?

        There have been over half a dozen nearly identical cases opened in NJ over the past few months, clearly Malibu Media is taking a “divide and conquer” approach.

        Definitely going to secure an attorney for this one. After some research I did not feel that a MTQ would be beneficial, but have NO intention of being extorted.

  18. Has anybody received any word regarding the latest fillings in NJ? If you recently filed a MTQ did you do it yourself or did you hire an attorney?

  19. My 2 cents: 1. Should you file a MTQ? Yes- As long as you are careful of what information you disclose it is our duty to help educate the judges and others of what is going on with regards to this extortion practice and to voice our objections to it being allowed to continue. Sure, we all want to benefit from the vocal minority, but imagine what happens if that becomes a vocal majority and courts across the nation get significant response to the initial subpoenas filed by these trolls. Lastly, a MTQ is a legally documented “Richard Pryor Response.” You are declaring that you had no involvement in the alleged activities and are declaring your resistance to further extortionist measures. Hopefully that will at least mean you are not the low-hanging fruit trolls love to pick at.
    Sure, most of the past MTQ have all been denied, because the truth is that the courts recognize that there is no other means for the plaintiff to continue without obtaining subscriber info. But as mentioned, the benefit of a MTQ is not in the chance of having it approved, but in the education of the judges, especially in new territory like NJ, and the declaration of innocence and not standing by idly.
    2. Should you file yourself or with an attorney? It is our right to represent ourselves. Frankly, this whole model is to extort money from potentially innocent people, and thus are we not already falling into that trap if we start hiring lawyers and having to pay for something we are innocent for? Efforts to counter-sue to reimburse lawyer fees have not been successful so, by hiring a lawyer to represent, you are already paying for something you did not do. Of course, if someone needs to get paid for this to get resolved, I’d hope we would all prefer it be to someone defending our rights and not the troll.
    I thoroughly hope that judges acknowledge that people should not be penalized for representing themselves and that it actually is a good thing, showing our involvement, our resistance to this extortion, and believing in our innocence enough to proceed without representation. Of course this is less of a risk with the initial MTQ where only your Doe # and IP are listed, since hopefully you are being careful and not disclosing any information that may make it harder going forward.
    Attorneys just don’t want to trip over errors or obstacles that you may have inadvertently included in a pro se MTQ. But if it ever goes further and these trolls do start naming defendants, then definitely, find representation. If you think that end result is probable, then find representation from the start to prevent inadvertent missteps.

    FYI: Case 3:12-cv-03899 – No activity
    Case: 3:12-cv-03896 – 1 MTQ Pro Se 2 MTQ with representation. Cerillo just filed 2 responses to 2 of these MTQs.
    Case 3:12-cv-03898 – 1 MTQ Pro Se – Cerillo Response filed, MTQ Denied 8/29. But this example of what NOT TO DO with a Pro Se. Copy and pasted from other MTQs but did not change all the jurisdictions so it was a total failure.

    These three were the first 3 filed in NJ by Cerillo representing Malibu Media. Observe by searching on: http://www.rfcexpress.com/search.asp

    • Thank you. Even if we are not a vocal majority, we still make a ton of difference. Even a single person can facilitate a lot of change. If you slept in a room with only one mosquito in it, you already know that 🙂

    • Thanks for posting this info on McDaniel because I recently received a letter from COMCAST stating that this troll was trying get my information for a lawsuit with Century Media in New Jersey.

      It’s funny, I initially thought his letter was a hoax and nearly tossed it the trash. Luckily, I researched it a little more and stumbled upon this website. Thank goodness because the wealth of information on this site is amazing… thanks so much SJD – you are a godsend.

      October 1st is when COMCAST is slotted to hand over all the contact information to McDaniel. Thanks to this site, I’ll continue to hold tight and not give in!!

      • Did Comcast send via regular mail? Some people talk about how they overnight a copy of the suit and subpoena. Just wondering why they send some via overnight and others via regular mail.

        • My letter came via UPS. I don’t live in New Jersey, but not sure if that explains the UPS delivery.

          I haven’t seen a lot of activity on the Century Media subpoenas so far on this site, but then again the letter just came a couple days ago.

          Anyone else receive this letter yet?

  20. Does your defense lawyer have to be from your state?
    Since these suits are based on fed copyright, is it possible to retain a more experienced anti-troll lawyer from another state ?

  21. I got one of these letters and saw a bunch of IP addresses.But I don’t see my adress in anyone of them.SHould I call cable vision or throw the letter in the trash?

    • October 1st has come and gone. By now McDaniel has contact information for all the Century Media Does (of which I am one).

      I still haven’t received anything from McDaniel – no calls, emails, or letters.

      When should I expect the harassment to begin?

  22. This patrick cerillo guy is apparently coming after me. they already have my name. What do we do? how do we handle it? what do you think will happen?

    • Carrillo is only recently affiliated with Copyright Enforcement Group and, accordingly, does not have a track record to look at to help predict the future. That being said most CEG trolls are (to borrow from SJD) all bark and no bite. You can expect 2-3 threatening letters/emails and some harassing phone calls from a FL call center, but if you do not speak to the troll, it should blow over in 5-10 months.

      If you do not want to receive the harassment you can hire an attorney in the $600-800 range to act as a “shield”.

      • Raul (or anyone I guess), can you elaborate on being affiliated with CEG TEK? Do they all work for each other, do they just piggyback off the same data, etc.? I’m assuming if you decide to settle with Carrillo one of the other CEG attorneys can come after you. Do they all communicate with each other or share data? Is that legal to give out data from one case where it will help another case (Unless it’s covered by a NDA of course). Just curious.

  23. Raul (or anyone I guess), can you elaborate or clarify what affiliations with the CEG TEK means? Do all the attorneys work in conjunction with each other? Do all the attorneys uttilize CEG TEK captured data (i.e., if one attorney finds out info for a Doe do they share it with another on a separate case)? Can one attorney in CEG TEK that primarly handles one studio negotiate deals for any of the studios using CEG TEK? I’m just curious what the CEG TEK really means.

  24. in reference to cerillo, reading through all of these comments settle or should we tell these s.o.b’s to piss off and bring it on? i mean this will be really expensive if goes to court. do you think this is all scare tactics and intimiidation or are they prepared to go to court? what do you think would happen if you do that. do you think this will make it to court? if it does what can we expect. And if cerillo pisses off will other people come after you?

  25. Looks like another troll has turned to the dark side

    these are individual lawsuits from AF Holdings, where I cannot find one where they did a John Does, in NJ

    1:12-cv-06033-JEI-AMD
    1:12-cv-06032-JBS-AMD
    3:12-cv-06013-MAS-TJB
    1:12-cv-06031-RMB-AMD

    AF Holdings LLC
    Plaintiff Troll: Daniel G. Ruggiero of Law Offices of Daniel G. Ruggiero

    “Don’t Feed the Trolls !!!!”

  26. Interesting questions about whether to fight or not as this website is named “FightCopyrightTrolls.” Anyway, I am in the same boat as most of you, having been identified as an alleged infringer. There are plenty of Motions to Quash that have been submitted, and a good number are available via DieTrollsDie site. You will learn that even Magistrate Judges acknowledge that some 30% of those identified are not the ones who downloaded or shared the copyrighted material. So, should you fight, I believe yes, especially if you are innocent.
    The more people settle, the more the trolls get fed and the more this will keep happening as the trolls get more powerful.
    Unfortunately, I’ve noticed that settlements/dismissals have been occurring with some of Cerillo’s Malibu Media cases in NJ. I would like to hope that they are dismissals, but given the lack of other activity with regards to decisions on MTQs, they look more like settlements.
    If it helps, consider that the trolls do not want any cases to reach trial either. It is more of an expenditure on their part and can potentially be damaging to this whole business model with increased exposure.

  27. Hey there, just received a letter from Patrick Collins targeting me and 43 other people. I’m a little overwhelmed, and trying to find out as much as I can before I file a motion to quash. Could anyone help me at all?

  28. Hi I received a letter from my IP for a request for my identity in this case. Hard Drive Productions, Inc. v. Does 1-1,495 (Case No.1:11-cv-01741) DC case. I have yet to be contacted. Anyone have any other info on this one?

    • I would say a great place to start is by reading these forums as well as dietrolldie.com. I don’t have any specific information regarding the Patrick Collins case or Hard Drive Productions but in general get ready for a lot of reading and a lot of learning OR pay for a lawyer.

      Michael Mignogna of Mattleman, Weinroth and Miller, P.C. (856-429-5507, http://www.mwm-law.com/) has filed two motions to quash on my case. This firm advertised willingness to take on defense of these cases in NJ on some website related to copyright trolls, I forget which. They might consult with you for free, who knows. Further up in this thread (https://fightcopyrighttrolls.com/discussions/discussions-by-state/new-jersey/comment-page-1/#comment-23787) there is a post listing several law offices you could consider.

      I filed my own motion to quash. I started with a motion that somebody had posted online somewhere and as I learned more I adjusted and tuned it. I read a LOT and spent about two weeks looking at examples, reading up on precedent in other cases and investigating similar suits in New Jersey specifically. I created a pacer.gov account (and got the recap plugin for Firefox) so I could read lots of court documents to try and understand the process and learn from what others have done. I looked at motions submitted by EFF, private lawyers and Pro Se litigants. A good place to find information is rfcexpress.com; search for documents there, then go read them in Pacer where it’s cheaper (or free). I read the rules for protocol (http://www.njd.uscourts.gov/ProSe/packet.pdf) and the rules for filing a motion (http://www.njd.uscourts.gov/ProSe/motioncomplete.pdf) and then polished my argument (36 pages, including Table of Contents and Table of Authorities). I made some calls to the court clerks to clear up ambiguous instructions from the website and then mailed in my documents. I also notified my ISP who responded to me saying that they are not sending my identifying information until they get another court order to do so. Now I’m watching Pacer to see what happens. I think the judge will see my motion on either the 15th or the 9th… I’m not quite sure how that works.

      There is always the option of doing nothing. In my case, the plaintiff’s lawyer said in his brief to the judge that “most defendants will not be sued” so you probably stand a good chance of getting away with a year or three of harassing phone calls and then it will just go away. Personally, my policy is “I have to try” so I decided not to go this route and I submitted a motion to quash the subpoena. My fear is that I’m making myself a target by drawing attention. My hope is that the Plaintiff will just dismiss me because I’m being more trouble than I’m worth or possibly that I will get lost in all the noise. The firm prosecuting my case has something at least 10 other cases currently going on in the state of New Jersey with a total of 10,000+ defendants and only 3 lawyers in the firm, so they’re staying pretty busy and I hope he’s stretching himself too thin to chase me.

      • Thank you for the great response and information. Hopefully it will get out to all the does, so they can be as well informed as yourself.

        “Don’t Feed the Trolls !!!”

  29. I am really confused about something (and a little freaked out).

    I’m a Doe in one of the Century Media cases filed in NJ. The only document I have received thus far is the subpoena letter from my ISP stating my information would be handed over October 1st.

    It’s October 10th and I have not received any calls/emails/letters. I have not been served, yet it appears that a scheduling order was entered today (according to the document below).

    http://ia601201.us.archive.org/7/items/gov.uscourts.njd.276420/gov.uscourts.njd.276420.24.0.pdf

    How is this possible? Shouldn’t all the Does be made aware of this?

    I’ve also noticed last week that several Does (identified by their Doe number) have filed motions to quash/dismiss. I was never given a Doe number. How do I find out my Doe number without calling the Trolls?

    Thanks in advance for any insights!!

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