BOOM!
Well Merry Christmas and Happy Holidays! 
My recent DTD torpedo (http://dietrolldie.wordpress.com/2011/12/13/wishing-everyone-a-great-holiday-a-torpedo-for-the-trolls/) found its mark on 23 Dec 11. Torpedo00584(FL)
For this case I focused my declaration on refuting the declaration of Jon Nicolini, Copyright Enforcement Group (CEG). Decl_NICOLINI The declaration was full of various inaccuracies and omissions. Here is one was regarding the public IP address they obtain from the ISP -
As indicated above, an Internet Protocol address uniquely identifies each computer connected to the Internet.
I tried to focus on was how inaccurate the public IP address is and cite some instance to support this. Please look at Section 8., where I reference four instances/cases.
Please enjoy reading my declaration and be sure to freely use any portion of it (or make it an attachment to a motion).
Can’t wait to open up a good beer this evening and laugh a little at the Trolls. I don’t think this is some “Kill-Shot,” but hopefully it gets the information out to the judge and defense attorneys that will handle this case. After my beer, I need to look for the next target. As stated before, your suggestions are welcome.
DieTrollDie
Looks pretty good to me. Especially the points on Jon Nicolini’s “evidence collecting” methods or lack thereof. I hope the torpedo does some damage. I am a doe in a case with troll Terik Hashmi filed around the same time (Third Degree Films) and maybe the same judge ROBERT L HINKLE.
Thank you DieTrollDie for your efforts to enlighten the judges in these cases.
Load another one in the tube, pick a target and fire when ready.
I just want to say thanks. I have read the letter on Pacer. It is true about the (roommate) portion, particle to my case. My roommate is the one who downloaded the movie. I am the one getting the blame. I seriously thank you for all the ideas and helping me out. I will write my quash soon. thanks!!!!!
Thanks for the response. I would love to have more background details and case information on your situation. Please email me if possible. I will keep your information close-hold. Details such as yours add more weight to our arguements.
DietrollDie
Sure my e-mails trollbegone@hmamail.com
Hi, I am involved in Does 1-208 case 11-CV-583
Did you file the quash personally or did you have to hire an attorney? In my situation, my PC was hacked into, charges made to credit cards which I had to cancel and report to financial institutions. Now I received a copy of this from Comcast ; I am not familiar with the downloads, so how can I prove that this could be caused by hacker, etc.
Hello,
You can file your Motions personally (Pro Se) or hire an attorney. If you are part of a case, you have every right to file motions and address the court. Please mind that the courts have rules you have to abide by in filing/responding. Some courts have specific local rules. That is one reason why lawyers are valued in court – they know the rules and can “play the game.” I have learned a little bit and feel comfortable in my filings. I know I’m not perfect and I hope the court makes allowances for any small errors I may make. I have filed all my Declarations (AKA: DTD Torpedos) myself. The only additional issue I have in filing these is to show some kind of standing and recommend to the court they at least hear what I have to say.
As far as your situation – keep very good records concerning your when your system was hacked, what malware was found/not found, what occured on your system, etc…… Record all the information concerning your network – Wifi Firewall/Router? Any logs in it to show unauthorized connections from unknown systems? Take screenshot and write down notes. Keep all this information is a folder and DO NOT CALL THE TROLL. Somepeople think they can talk their way out of this situation – Wrong. They Trolls do not care if your system was compromised. In their eyes, you are responsible and need to settle up.
DieTrollDie
Where and/or how did you file with the nothern district of FL? I have the address for the troll but i am not sure how or where to send the motion for the court. Did you mail your refute or did you file it electronically? Any information would be great. Thats for the refute as well.
Mailed it to the court directly via a mail proxy (remailing service). I will pull you the address in a bit.
DieTrollDie
Here is the address for the Northern District of FL and the troll. Also don’t be afraid to call the court and talk to the clerks.
U.S. District Court of Florida
Northern District (Tallahassee)
110 East Park Ave., Suite 100
Tallahassee, FL 32301
Transnational Law Group, LLC
Terik Hashmi
429 Lenox Avenue, Suite 5C13
Miami Beach, FL 33139
Thank you for the address. I wasn’t even sure which one to call. Their website is just oh so helpful.
Yes. The Web site wasn’t very clear. That is why I called them.
DieTrollDie
I am also a doe in a FL case similiar to the one above. The case number though is one digit off 11-cv-583. How can I see others that have responded thus far to this case. Can we pull those records up?
What you need to do is get a PACER account (free to sign up) and look up your case. PACER charges .08 per page look-up, but if you keep it under $10.00 a quarter, it is free. PACER – http://www.pacer.gov/reg_pacer.html
I would also suggest you use the Firefox Web browser with the RECAP plug-in – https://www.recapthelaw.org/
This will upload the pages you pay for (so others can get them for free) & you can look at documents that others have already paid for.
**** I just looked up the Motion to Dismiss filed by one of the Does via his attorney. I will post it to the Blog in a bit. ****
RECAP has an archive search you can use to look-up cases and see what is available for free – http://archive.recapthelaw.org/
Here is the case summary from PACER
4:11-cv-00583-RH-WCS DIGITAL SIN, INC. v. DOES 1-208
ROBERT L HINKLE, presiding
WILLIAM C SHERRILL, JR, referral
Date filed: 11/16/2011
Date of last filing: 12/29/2011
Case Summary
Office: Tallahassee Filed: 11/16/2011
Jury Demand: Plaintiff Demand:
Nature of Suit: 820 Cause: 17:101 Copyright Infringement
Jurisdiction: Federal Question Disposition:
County: Leon Terminated:
Origin: 1 Reopened:
Lead Case: None
Related Case: None Other Court Case: None
Defendant Custody Status:
Plaintiff: DIGITAL SIN INC represented by TERIK HASHMI
Phone: 888-731-8955
Fax: 305-721-1685
Email: terik.hashmi.esq@transnationallawgroup.com
Defendant: DOES 1-208
Defendant: Doe #58 represented by ROBERT BRUCE GEORGE
Phone: 904-634-1100
Fax: 904-634-1234
Email: rgeorge@lilesgavin.com
Motion to Dismiss – http://dietrolldie.files.wordpress.com/2012/01/mtd_411-cv-00583.pdf & http://dietrolldie.files.wordpress.com/2012/01/mtd_411-cv-00583_1.pdf
Great, thank you for your help. I hope you will be loading your weapons and preparing to fire. I will put together my quash leter today. The atty above sent a motion to dismiss his client from this case as well.
Aslo how would I find out the doe# i am
Take a look (download from PACER – OR it is on RECAP for free!). The Troll most likely has the list iof IP addresses as an Exhibit to the complaint. Then find you IP address that was reference in the paperwork your ISP should have sent you. If you can’t find it (paperwork), call your ISP legal dept. and ask them what your IP address was at that time. You can also go into your Firewall/Router (Web access) and check wabout your Public IP address is. OR if you are on a Windows machine – Open a Command Prompt and type the following (and hit enter):
ipconfig /all
That should give you all the IP information. Note: Your IP address could have changed since the alleged activity.
Info on ipconfig – http://www.microsoft.com/resources/documentation/windows/xp/all/proddocs/en-us/ipconfig.mspx?mfr=true
DieTrollDie
Hey this is awesome. It seems very similar to docket #11-CV-8172-PAE. Digital Sin, Inc. vs. Does 1-179. US district court for the southern district of New York. A torpedo would be most useful if it applies.
I’m actually looking on Pacer to see if the same declaration was filed by John Nicolini in the Southern District court of New York. I may file a motion to quash if that is the case.
Good. I would also take a look at my recent declaration (http://dietrolldie.com/2012/01/14/dtd-torpedo-hits-prenda-case-111-cv-09064-pacific-century-international-ltd-v-does-1-31-troll-paul-duffy/) and use some of it to suport your Motion. The part about the “Daubert Standard” is a key part that calls into question the quality of the “Forensic” evidence the Trolls claim they have. Don’t forget to mention the recently discovered WPS vulnerability that allows unknown personnel to use (hack into) an otherwise secured Firewall/Router/Internet Access Point.
DieTrollDie
They did file the same declaration by Mr. Nicolini. I am most unfamiliar with this process although Im working quickly to sort this out. So my best bet now is to file a motion to quash the subponea. I will look up the protocols for doing so and learn how to compile the motion. If you have any resources that would be most helpful. The 2 documents you have already compiled are simply amazing. Thank you.
HEY, were you able to find any information on the case for does 1-179? I might be looking to looking file a motion to quash as well. Just not sure how to go about it yet. I have a few days left still for that.
can anyone tell me the northern district of floridas mailing address. I have to send my letter. Can’t find it anywhere.
U.S. District Court of Florida
Northern District (Tallahassee)
110 East Park Ave., Suite 100
Tallahassee, FL 32301
Also -
Transnational Law Group, LLC
Terik Hashmi
429 Lenox Avenue, Suite 5C13
Miami Beach, FL 33139
A Doe sent me some information that allegedly Terik Hashmi is not licenses to practice law in Florida. NOTE: I have not confirmed this. In the complaints Hashmi files in Florida, he lists a Miami Beach address as his office address (and the name of his firm is also a Florida company). The Doe claims Hashmi is not admitted to practice law in Florida, and therefore, is not permitted to establish an office in Florida. If this is the case, the Does should contact The Florida Bar, 850-561-5600, and request the form for filing an unlicensed practice of law complaint.
If anyone can shed some light on this allegation – authorized to practice in FL???? Please assist. Thanks
DieTrollDie
It is correct that he is not licensed by the Florida Bar; however, his supposed area of practice is Immmigration law, which occurs in federal court (like the copyright troll cases he has filed), and thus does not require Florida Bar membership. Unfortunately.
see -> http://dietrolldie.com/2012/01/04/grounds-for-sanctions-inaccurate-andor-false-statement-from-jon-nicolini-ceg-411-cv-00583-digital-sin-inc-v-does-1-208/#comment-704
FWIW – His public information is out there as well. (home address – same as his parent’s condo on the beach, home phone, etc – use common sense and don’t contact) Several inactive companies (one associated with Mike Meiers, even addressed as Dr.). All searchable via Florida public records.
Wow. The case you mentioned, Case # 4:11-CV-00584 is an almost a duplicate of The Civil Action 1:11-cv-09620-WHP.
I am one of the defendant on the Civil Action 1:11-cv-09620-WHP and found this great information. Thank you.
Obviously I am a newbie at this and would love to get your advice. I would like to file a motion to quash or dismiss.
Should I use an attorney to submit the motion (using your declaration as base work, perhaps) or is this something that a novice can do also?
Civil Action 1:11-cv-09620-WHP copy location:
http://torrentlitigation.com/cases/Third%20Degree%20Films,%20Inc.%20v.%20John%20Does%201-141,%20Case%20No.%2011-cv-9620%20%28SDNY%29.pdf
This Case # 4:11-CV-00584, is almost an exact duplicate to the Civil Action 1:11-cv-09620-WHP, which is filed in Southern District of NY.
I would like to put in a motion to quash or dismiss. I am a definite newbie.
Question: Is it better to let an attorney submit the motion (using your declaration as a starting point), or is it something I can do myself?
As John Doe above mentioned, I don’t know the protocol, so a little hesitant to jump in and work on it.
Thank you!
Link of the case pdf here:
http://torrentlitigation.com/cases/Third%20Degree%20Films,%20Inc.%20v.%20John%20Does%201-141,%20Case%20No.%2011-cv-9620%20%28SDNY%29.pdf
I have been named in this case 11-CV-00583-RH-WCS I am little freaked out I got no letter from ISP but an email telling me that they will settle for 2500 bucks by feb 26– I don’t have — nor enough for a lawyer — can I file a quash still alleged this happened on 10/3/11 at 2 in the morning how do I go about filing a quash for this
Thanks
If the Troll already has your personal information, filing a motion to quash the subpoena is pointless (too late). But that doesn’t mean you have to settle. Read everything here and at fightcopyrighttrolls.com. Don’t hide from the Trolls. The evidence is weak and they don’t want to take people to trial. Relax and educate yourself on this scam.
if this is a Digital Sin case being “litigated” my Mikey the Weretroll , I am pretty sure that you will only be getting scare letters and no phone calls. See http://www.courthousenews.com/2012/01/31/PantiesPirates.pdf at page 7. I also echo everything DTD says, take a deep breath and educate yourself about this mercenary scam.