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.
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 (220.127.116.11) 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.
P.S. Take a read of the Arstechnica article - Prenda can’t find that darned “Salt Marsh” signature