In light of Plaintiff confessing at the OSC hearing, that the instant case is not an original case, but merely a “refiling” of the DC Case that Plaintiff alleged Defendant is one of the eleven hundred forty joined John Doe defendants. Please Note: Upon dismissing the cause of action Plaintiff alleged against the remaining John Does, assuming Defendant is one of those remaining Does lastly dropped from the case and assume Defendant is one of the Doe Defendants is exactly what you will have to do to connect Defendant with an infringer mentioned in the original filing, as a thorough review of ALL DOCUMENTS filed in the DC Case, you will not find any reference to the Defendant, it simply is not there, P E R I O D. Be advised: Defendant’s Motion is NOT challenging that this Court’s personal jurisdiction over the Defendant is improper because of venue, Defendant’s Motion challenges the deceptive and improper procedure that Plaintiff used to changed the venue, as Federal Law gives sole discretion to the Judge where the case was originally brought. Not to the Judge of the new forum and certainly not to the Plaintiff!
Mr. Harris has adjusted his wording, but his emotions are clearly evident. I don’t know what the judge will think of his motion or the merits of it, but Goodhue/Prenda will at least have to spend some time/effort/money in filing a response to this.
1st side note: the DC case Mr. Harris was originally part of (1:11−cv−01274−RBW, District of Columbia, AF Holdings v. 1140 Does), appears to be the same case that Mr. Elliott Olivas was a part of. Olivas Archive Docket, 3:12-cv-01401 (CT) Here is a recent ruling in the Olivas case in which the judge refused to strike portions of Mr. Olivas’ counterclaim. MTS_Denied_01401(CT) It looks like the Olivas case may be the next one to get interesting.
2nd side note: If you haven’t obtained a copy of the 2 Jul 13, transcript from the AF Holdings v. Rajesh Patel (2:12-cv-00262 (GA)), motions for sanctions hearing, you are missing out. It isn’t public yet, so I cannot release it. If you want to obtain a copy of it, as well as video of a forthcoming Mark Lutz deposition, PLEASE DONATE to the Patel deposition fund. Please click on the image of John Steele holding up a pole on the right side of this Web page. Or Click here. Make sure you add a note to the PayPal payment saying if you only want the money to go towards depositions.
DieTrollDie “Some ships are designed to sink… others require our assistance.”