Case is Stayed Pending Prenda Answering Some Tough Questions – AF Holdings LLC v. Harris – 2:12-cv-02144 (AZ)

NALIYBI117 May 13 Update

Quick update – On 17 May 13, Judge Murray Snow, stayed this case due to concerns based on the sanctions laid down in Judge Otis Wright’s order, 6 May 13.   Doc_51_02144(AZ)   WrightPhoton_Torpedo_08333(CA)

IT IS ORDERED that Plaintiff show cause within seven (7) days of the date of
this Order why this Court should not dismiss this case. To the extent that Plaintiff asserts a right in the continuation of this case, Plaintiff is ordered to identify: (1) the persons who signed Exhibit B in the names of Raymond Rogers and Alan Cooper; (2) all persons who hold any interest in Plaintiff; and (3) if Exhibit B to the Complaint is in fact not signed by Alan Cooper and/or Raymond Rogers why Plaintiff and/or counsel should not be sanctioned pursuant to the Court’s inherent power and Fed. R. Civ. P. 11 for filing a fraudulent document with this Court. In the interim, this action is stayed until further Order of this Court.

Is it O’4:Beer thirty yet Prenda?!  Have a great weekend.

DieTrollDie :)

—————————————————————————————————

On 10 May 13, Mr. David Harris (Pro Se Doe) filed a Motion for Show Cause Order and Sanctions against Plaintiff (AF Holdings LLC/ Prenda Law, etc.).   Doc_50_Harris_RFS_02144(AZ)   Mr. Harris was apparently absent from this case for a time, but has now returned to file this motion.  I hope you are well Mr. Harris.

Reading this motion is hard.  Not because it has any real problems – But because you can feel the frustration and stress that Mr. Harris is under by having to fight this.  With this stress and frustration come the truth concerning this case.  I wish Mr. Harris could have toned down his response, but in the same respect, I hope the court can see into the facts of this case and understand where Mr. Harris is coming from.  The facts in the motion are there and I challenge Plaintiff to disprove them.

In the following part, Mr. Harris tells the court that the public IP address assigned to him by his ISP has changed multiple time and there is no way Plaintiff could reasonably claim he conspired with the 71 Arizona Cox Communications subscribers.  Previous Harris posts on this issue – Fall Out   Prenda Response   Spin-Off (initial post).

Defendant is assigned a static IP address from his ISP, a cable company. Every time that I reboot my modem I am assigned a different IP address. Since the date of the alleged copyright infringement I have been assigned no less than five new and different IP addresses and on the dates that Troll Goodhue alleges I conspired with 71 people in a bit torrent swarm to infringe upon the copyright of Plaintiff’s precious little film, there is no way on God’s green Earth Troll Goodhue could possibly know what, if any IP address was assigned to me as it is different than the IP address Plaintiff based this case on (70.176.202.3) at the time and date of the alleged conspiracy. These IP addresses may be involved in a conspiracy with the aforementioned IP address, but it has nothing to do with Defendant or this case whatsoever.

Mr. Harris goes on to cites Judge Wright’s 6 May 13, order and asks the court to make troll Goodhue show cause as to why sanctions should not be imposed from an attempted fraud upon the court.

What comes of this and the filings of Doe defender Paul Ticen should be interesting.  The court has been rather silent in regards to how this cases has unfolded.  Even if the judge is not happy with Mr. Harris’ tone, the filings of Attorney Ticen are very clear and raise the question of Plaintiff’s behavior in this and other AZ copyright troll cases.

DietrollDie :)

P.S.  Take a read of the Arstechnica article -  Prenda can’t find that darned “Salt Marsh” signature

About John Doe (DieTrollDie)

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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17 Responses to Case is Stayed Pending Prenda Answering Some Tough Questions – AF Holdings LLC v. Harris – 2:12-cv-02144 (AZ)

  1. D'oh! says:

    Man, I root for the guy, but he has GOT to tone it down or there’s just no way a judge can side with him. Yeah, we all get that he’s frustrated, but this is a federal court, and a certain amount of decorum and professionalism is expected.

    • that anonymous coward says:

      I believe in using strong words when needed, but there is a line.
      One hopes that the court takes into consideration that this is a person before him who has been accused of bad things by a group found to have defrauded the courts.
      That he has to prove he didn’t do anything wrong when they can’t prove he did anything at all in the first place.
      His life has been turned upside down, and the “lawyers” are playing games to keep him angry and hopeless.
      I would hope that the Judge tempers any anger the bench might respond with and consider the situation of 1 person proclaiming his innocence, while Justice seems to have a blind eye turned to the wrongful acts of his accusers.

      • Yeah but he’s doing it wrong. I read everything the guy writes and laugh out loud. The federal judge doesn’t find it funny, and holds it against him. It damages his credibility with the judiciary.

        To use a sports analogy, you can throw a 70 yard pass on every play out of principle. It will be cool and entertaining, and the crowd will love it. But it won’t win lots of football games, either.

        And is your goal to entertain the crowd, or win the game?

        I know he is just a regular citizen, but so was Jeff Fantalis.

      • that anonymous coward says:

        True.
        I fear he is just to caught up in the emotion of the whole thing and can’t stop to take a breath.
        I don’t think it is showmanship, I think this is pure frustration and anger with no other outlet.

        It would have been nice if we could have found someone to step in and assist him in taking the edge off of his filings. On the other hand he literally is the embodiment of the rage so many Does feel over these cases.

        As to it damaging his credibility…
        Umm yeah vs Prenda I think he’d have to whip it out and piss all over the bench to shatter his credibility to match theirs.

      • I would do it for free if he asks.

    • Exactly.

      While I find his writing to be very entertaining, it’s long been held that litigating in federal court is a privilege. He hurts his own case by calling plaintiff’s counsel a troll in court pleadings. That might make the anti-trolling community laugh, but federal judges find that sort of thing juvenile.

      • that anonymous coward says:

        Ohai Jordan!
        You do need to remember that this is a regular citizen and not a lawyer.
        This is someone who has had to deal with the standard threat letters, calls, and other little stunts that highlight the darkside of this type of litigation.
        Someone who has to deal with the public perception of he must be a porn stealing freak, based on accusations made by those who stand accused of running a criminal enterprise and that little finding of fact that they defrauded the courts.

        The system is used as a bludgeon, not everyone who gets hit meekly retreats to the corner… some decide to fight back.

  2. Porno Doe says:

    I can only guess but I think this is the type of answer Mr Harris is expecting :

    [youtube http://www.youtube.com/watch?v=g4UeHWPeOrA&w=420&h=315%5D

  3. Black Betty says:

    I wouldn’t worry too much about Mr. Harris. Judges tend to give Pro Se objectors more latitude. They expect that ordinary people don’t know all the rules and etiquette of the court. As long as he doesn’t show up in flip-flops or start lying to the judge’s face…I think this court won’t have a problem with a “passionate” filing.

  4. Dark Moe says:

    I have spoken to David Harris is the past and he was an emotional wreck. No one should have to go through what he has endured. Mr. Harris, if you’re reading this, congratulations.

  5. Someone says:

    The update – am I reading this right? The Judge is saying “hang on a sec, it appears you were found cheating by Judge Wright. Please prove to THIS court that you’re not falsifying things here, or I’m going to throw out the case and/or sanction you for fraud”

  6. wisco says:

    Following up on Someone’s question, from a NAL perspective. Judge Snow writes, “To the extent that Plaintiff asserts a right in the continuation of this case, Plaintiff is ordered to identify…” Will they get a pass on this one if they don’t assert a right to continuance within the seven days? Is their winning move here simply not to play?

    • that anonymous coward says:

      I doubt it.
      They could attempt to walk away once again, but the Judge doesn’t have to let them.
      The Judge can and will rain down fury upon plaintiff’s and their lawyer if they try to slink away. The Judge, while not liking the wording, could grant Mr. Harris motions and open the door to award him even more. The lawyer could be referred to the state bar for ‘moral turpitude’.
      They are living in the hope that the Judge will just let them slide. I don’t see it happening.

  7. sharp as a marble says:

    so the extension was granted for the hearing, but where is the show cause response that was due today?? i hope someone files to negate/have sanctions when he does file his response for it being untimely.

  8. Pingback: Prenda fables get craftier yet less believable | Fight Copyright Trolls

  9. Pingback: Good news from Georgia: Court has approved discovery aimed to uncover more Prenda’s crookery | Fight Copyright Trolls

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