Update to VA K-Beech Case, 3:11-cv-00469-JAG K-Beech, Inc. v. John Does 1-85

Well it looks like Plaintiff attorney is trying real hard not to have this case tossed and then sanctioned.  The Judge has not made his ruling on sanctions and I expect will take some time to review all the information Plaintiff just dumped on the court.  I haven’t had a chance to really go over it, so have fun Does!!!!  I will review and comment as time permits.  🙂  Here is the documents from PACER:

EMERGENCY MOTION_Plaintiff_10Oct11    MOTION FOR RECONSIDERATION  Motion Response_10Oct11    Plaintiff_SUPP_13Oct11

Here is the previous posting I had on this case. 

https://dietrolldie.wordpress.com/2011/10/06/another-k-beech-case-takes-a-beating-k-beech-vs-does-1-85-311cv469-jag-eastern-district-of-va/

About 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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13 Responses to Update to VA K-Beech Case, 3:11-cv-00469-JAG K-Beech, Inc. v. John Does 1-85

  1. Wow – this guy is really scared. For a lawyer to be sanctioned for filing a frivolous lawsuit is a big deal, very damaging to his carrier, and I really doubt he can make money doing decent plumbing work. No surprise he fights with teeth and nails.

    Note how he described our motions – “clearly in bad faith”. What a jerk. My name is about to be disclosed in connection with a porn suit, and trying to prevent it is an action in “bad faith”? His parents failed him at the age when most kids learn the difference between good and bad.

    Even if a motion’s is filed only to waste troll’s time, it’s not even in a good faith – it’s a noble goal: more of troll’s time is wasted, less time he has to inflict damage to the society.

    Hope that judge Gibney won’t buy his BS rhetoric.

    • spun says:

      Filling a motion is legal, while extorting money with so-called settlement letters is ……. the way of a TROLL.

    • CTVic says:

      So what trollawyer-boy’s saying is that it’s perfectly fine, and in good faith for him to sue X number of people in a single filing – but when those X number of people try to individually defend themselves, they are acting in bad faith by choking the courts with paperwork.
      Staggering.

      • DieTrollDie says:

        Yes. There is so much more “crap” in his declaration. It is hard to know where to start. I’m glad he took all that rope and wraped it around his neck.

        DieTrollDie.:)

  2. DieTrollDie says:

    Yes SJD, I couldn’t beleive what this guy is saying. I think it is going to hurt him, as he keeps talking about their inability to make a profit. The court isn’t concerned with their profit margin. Shows where his mind really is.

    DieTrollDie 🙂

  3. Anonymous says:

    http://ia600707.us.archive.org/10/items/gov.uscourts.vaed.269663/gov.uscourts.vaed.269663.15.0.pdf

    It’s getting better:

    The Court ORDERS that a hearing will be held on Monday, October 24, 2011, at 10:00
    a.m. to consider whether the plaintiff, its attorney, or both are subject to sanctions for violating
    Federal Rule of Civil Procedure 11, pursuant to the show cause Order entered on October 5,
    2011.

    I hope this punk has a nice, sleepless 10 days full of fear and uncertainty about what the future may bring. I haven’t followed the K-Beech cases, do you know if this is a troll firm partner or local counsel they farmed the case out to? I imagine if one of the local guys ends up sanctioned and taking the fall for a troll firm it may make it harder to recruit local counsel in the future. But I suppose in any case, wether it’s a local or the trolls themselves sanctions will be welcome. I’m already basking in lulz thinking about this guy crapping his pants for the next week and a half, whatever the outcome is.

    • anonymous says:

      The probability is that this person, Richmond, Virginia lawyer D. Wayne O’Bryan, is only the “local counsel”, being directed by a layer (or more) of supervising attorneys for the plaintiff. Ars Technica notes that he is a personal injury lawyer. He may be collecting a commission from the direct plaintiff lawyers only for filing papers locally.

      More details about the nasty scheme might be revealed. Maybe Judge John Gibney, Jr could require information about the chain of attorneys linking O’Bryan to K-Beech, Inc. at the hearing.

      The website of D. Wayne O’Bryan does not list copyright as an area of practice:

      http://wayneobryanlaw.com/practice-areas

      http://arstechnica.com/tech-policy/news/2011/10/judge-blasts-personal-injury-lawyer-for-running-p2p-shake-down.ars

      • Anonymous says:

        Will be very interesting if, in best case both attorney and plaintiff are sanctioned. If just troll firm lawyers take a hit that will be one thing, they are in it together and know what the scam is and in the scheme of things will see it as a cost of doing business. However if an outsourced attorney and the plaintiff get stung when they likely agreed to get involved with the promise of easy money, the trolls will certainly have some ‘splainin’ to do to some very pissed off people and will likely hinder their ability to secure both local counsel and clients.

      • CTVic says:

        What will be even more interesting is how easily trollawyers will be able to find local counsel from here on out. It doesn’t even matter if this ambulance-chaser gets sanctioned or not – just the threat of it happening is going to make it very hard for them to bundle little localized trollsuit packages and outsource them.
        I wonder where the liability would be … the local counsel, or the douchebags that hired them? Which lawyer gets stuck with the check?

  4. anonymous obviouly says:

    Speaking of K-Beach, its President if a fellow by the name of Kevin Beechum who has a very colorful history of violence, ratting out former friends to the FBI and hanging around with known members of the LA underworld which can be found here: http://www.lukeford.net/archives/updates/030509.htm

    This information would certainly be relevant to any John Doe who wishes to protect his anonimity. You can should also check out http://law.justia.com/cases/federal/appellate-courts/F3/49/1275/550883/ which outlines Kevin Beechum’s conection to Reuben Sturman and how he assisted in an extortion scheme which utilized violent vandalism and bombs.

  5. DieTrollDie says:

    Sorry I haven’t had a chance to post anything yet. I will be responding to aspects of Plaintiffs response. I have to get this finished and in the mail. I will be on a road trip Monday & my connection may be limited. Everyone have a great weekend.

    DieTrollDie. 🙂

  6. CTVic says:

    LOL
    Lawyers are such wimps. “Through a Herculean effort including work over the weekend involving extracting data from PDF files and reviewing phone logs”.
    Working a weekend reviewing phone logs and surfing PDFs isn’t Herculean. That’s a pretty good, simple week for me. But then again, I don’t toss the clubs in the trunk and head for the range at noon on a Thursday, either.
    Waaaahhhh … I had to go review all of the random people I called and threatened in the last month… sob, sob, sob

  7. ano says:

    Looks like Plaintiff is directed to appear in VA court, along with new council and O’Bryan. Guess these California boys will have to book a flight and stop what they are doing for awhile.

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