2nd DTD Declaration Filed in Arizona Court – 2:11:CV-01602-GMS, Patrick Collins v. Does 1-54 (Ryan Steven)

Well my second Declaration was accepted by the Arizona court.  🙂  The declaration was filed to refute Plaintiff’s memorandum (filed 4 Nov 11- Troll_Memo_AZ_1602) for case # 2:11:CV-01602-GMS, Patrick Collins v. Does 1-54 (Troll Ryan Stevens). 

In the memorandum the Troll begs the court to help it find a cost-effective way to protect copyright owners.  What a joke.  It is worth a read to see what garbage these guys will throw out to the court.    

Sorry if the Declaration is a bit long, but I think I countered all the points the Troll decided to bring up.  I want to say “thanks” to the Doe who provided the web site that gave me such a nice exhibit and quotes from a copyright owner and Troll. 

Please feel free to use this Declaration and any parts of it that benefit your Troll fighting efforts.

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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26 Responses to 2nd DTD Declaration Filed in Arizona Court – 2:11:CV-01602-GMS, Patrick Collins v. Does 1-54 (Ryan Steven)

  1. Hooray, the torpedo has hit the enemy ship. Let’s see how it explodes. I hope the hole will be big enough 🙂

  2. Some interesting information about this particular troll and one of his associates.

    It started with a comment on my blog:

    I just recieved a troll phone call today about downloading the Porno movie “GANGBANG VIRGINS” He said that the ISP gave him my information and that they have me downloading it using BITTORRENT. I told him that all my friends and neighbors use my wireless and I know for a fact I have not downloaded this movie. He then said I could settle with him for $2900, or he would send it over to North Carolina and I would have to go to court. I have not receieved anything in mail from my ISP, and I am not sure what to do. This guy was very rude, and disrespectful.

    His name is Mike Thornton. His number is (818) 292-8194.
    Here is the link with the Lawsuit Summery. Could anyone tell me what it means? or the updates? I am very scared, and do not know what to do.

    http://www.rfcexpress.com/lawsuits/copyright-lawsuits/north-carolina-eastern-district-court/78246/k-beech-inc-v-john-doe-1/summary/

    I searched for the name “Mike Thornton”, and couldn’t find any law-related resources, so I doubt he is a lawyer. If so, are false claims of being a lawyer unlawful? Especially in connection with blackmail.

    The search for the phone yielded many complaints. For example:

    A Mike Thornton claiming to be an attorney is attempting to extort money from those using file sharing programs based on intimidation, threats and fear. He is either a fraud or a truly pathetic attorney in that his claims are unfounded, un-prosecutable and essentially rediculous. I susspect someone will soon take him out of action.-JD

    I recognized one particular name in one of the many complaint entries:

    This guy subpoenaed my ISP for records from an attorney named Ryan Stevens in Arizona. He then called me and claimed he had proof that I had illegally downloaded porn and his clients were willing to settle out of court for $25.000. [sjd: probably a typo] I told him I had done no such thing and wasn’t paying anything. He then got loud and abusive and said that he would take it to court and make this accusation public record if I didn’t settle. I told him #1 I did no such thing, #2 I am an disabled vet and he could not sue me and get anything. He then said he would turn the evidence over to the authorities and I would be prosecuted for a felony. He called me from 818-292-8194 in California. There were 250 IP addresses on the subpoena. Can anyone tell me what the real deal is with this guy, how this played out for you, and how I can shut this guy down?

    Threatening with a prosecution for felony is especially troubling.

  3. DieTrollDie says:

    Thanks SJD! Great information. Even with all that I have learned, I’m still a bit surprised with the slimy methods and people the Trolls employ.

    Back to perescope depth and a search for a new target. If anyone knows of a case where the Troll has filed a similar motion/declaration/memorandum, please send me the information.

    “Some ships are designed to sink… others require our assistance.” – USS Montpelier (SSN-765)

    • Doette says:

      Check out the recent cases filed in the Northern District of Florida by Terik Hashmi. The complaints have all sorts of propaganda attached, including some report/press release by US Video Interactive, a video streaming and anti-piracy software maker as well as other sensational articles from the internet.

  4. John D'oh says:

    Thanks SJD, I’ve been involved in that same case. The attorney James White has filed for extensions in all three cases in NC he’s handling. He’s a bankruptcy attorney by the way. I don’t know what the deal is with filing for more time but anyway this info is good to know in case I get a call from Mike Thornton. FWIW my wireless has always been secured and I have never downloaded anything illegally. I think that they’re getting ip addresses either from apps that disguise the true IP address or they’re picking up IP addresses in P2P networks that are downloading legal files and taking advantage of the fact that it does freak people out. It sure did me, followed by depression, then freaking out, then just anger. Now I’m in don’t panic mode thanks to you guys.

  5. Skruuball says:

    I’m involved in another case of James White’s. MTQ was denied, I’m waiting for the call. There will be no settlement.

  6. joe schmo says:

    I also am in one of this idiots cases in North Carolina . This jerk off Mike Thorton would threaten me with litigation and that he works for assholes out of Miami, Lipscomb Eisenberg scum bags. He use to call me every other day, I just ignored all his threats and bs. I see that James White complained about everyone fighting him with these cut and paste motions. What a looser. I would love to get everone in these cases together and threaten to have him take all of us to trial and expose him. I see in the Western District of N.C. someone filed to dismissed, it got struck down. I read this post everyday so lets keep each other informed. THANKS

  7. Jerry Cox says:

    Does anyone know if any of these cases have ever gone through and actually heard by a judge?? I received a 2nd mailing after the 1st one regarding the one in Florida for Boy Racer, Inc. v. Does 1-615 in the 11th Judicial Circuit court in Miami-Dade County, Florida…anyone else know anything about this one???

  8. James says:

    I’ve been contacted by the same derelict, claiming I download some porn movie, claims my ISP released the info to them. My ISP says they did not do this. they also said if they did there would be an alert on my account or my account would be suspended.. as you can see it is not. they want to settle on $3000 but it seems like a scam, because i asked him what my IP was that was used to download, and he gave me some random IP that is not mine, but he does have my address, name, and phone number. would love some more info on what you guys are doing? should I get a lawyer involved?

  9. James says:

    Ok Guys I have an answer, I decided to contact a lawyer. the law firm looked into the matter, these people have faulty evidence, and are using fear to collect $3000. they are using a loop hole in the legal system to make money, It is costing American tax dollars, the ONLY way to bring them down is if we all send in a complaint to your state attorney general, leave in great detail everything you know, the guys name, phone number, case number, court district and so on.. I just made a complaint with the arizona atourney general.

    1 complaint will do nothing
    10 complaints gets their attention
    50 complaints they will look into it, and make contact
    100 complaints they will put a team together to arrest these scum bags!

    we all have to do our part to bring the scum bags to justice, it will take 2 minutes to file a complaint, all you do is send an email, if you are in AZ just send it to consumerinfo@azag.gov

    Thanks!!
    Feel free to email me

    • AZtrollSlayer says:

      Which AZ case are you involved in? I’m fighting back in 1602 and will fight all the way to trial if needed. I will spend 50k to ensure these trolls don’t get 1k of my money.

  10. Doe in NC says:

    I am also in North Carolina and have been called by Mike Thornton and now some guy name Lee, didn’t leave a last name. I have always let these go to my machine, so I haven’t actually spoke to them. Same as everyone else, says they got my number from my ISP provider, but they never mention on the message what they are accusing me off. I’m sure it is similar to everyone here. The Lee guy has mentioned the name James White although I haven’t heard anything from him. I guess I will have to contact a lawyer about this. Any ideas appreciated.

    • troll hunter says:

      Which NC case are you in, Eastern or Western district? I am in one in the Western district. I would love to see us all get together and contact the local press about these !@#$%. I would just ignore these people. Their time is running out. I see they only have two weeks left to do anything. KEEP STRONG and we will KILL these ASSHOLES!!!!!!

  11. AZFighter says:

    Just to update that I initially spoke with this Mike Thornton and told him to go on ahead and send me the settlement letter for my review. To my junk email account of course. My phone system records the date and time of all incoming calls and refuses any without proper caller ID. This information along with the call long has been provided to the AZ General Attorney’s office with the hope that their actual illegal extortion activity (as opposed to accused illegal copyright infringement) is brought to light and quashed.

  12. AZFighter says:

    Interesting such hassle for activity that I did not commit. Of course, I may be guilty of leaving my wireless network open. Here is text of the settlement agreement:

    COPYRIGHT SETTLEMENT AGREEMENT
    Owner’s Matter/Doe #: XXX-XX

    THIS SETTLEMENT AGREEMENT (the “Agreement”) is entered into as of the 2nd day of December 2011 (“Effective Date”), by and between Raw Films, Ltd., a foreign corporation, (“Owner”) and XXX, (the “Subscriber”).
    RECITALS
    A. The Subscriber’s Internet Service Provider identified the Subscriber as being the owner of an IP address that Owner’s investigators identified as having been used to upload and download a copy of Owner’s copyrighted movie entitled “Raw Rescue”, (the “Work”).

    B. The parties desire to enter into this Agreement and avoid litigation.

    NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties enter into the following agreement.
    AGREEMENT
    1. Settlement Money. Subscriber shall pay Owner $2,500.00 (the “Settlement Money”). The Settlement Money shall be in the form of a certified check, money order or law firm check made payable to the “SETTLEMENT TRUST ACCOUNT” and delivered to Settlement Trust Account, 2 S. Biscayne Blvd., PH 3800, Miami, Florida 33131 on or before 12/30/11. Time is of the essence.
    2. Confidentiality – Non Admission. The terms of this Agreement shall be kept confidential. Notwithstanding the foregoing, in the event of any legal action or proceeding or asserted requirement under applicable law or government regulations requesting or demanding disclosure of this Agreement or the terms hereof, the recipient shall forthwith notify the other party in writing of such request so that the other party may seek an appropriate protective order or take other protective measures. If, in the absence of a protective order, the recipient believes it is compelled to disclose this Agreement or the terms hereof, the recipient may disclose this information without liability. This Agreement is the result of a compromise and shall not be construed as an admission by the Parties of any liability, wrongdoing, or responsibility on their part or on the part of their predecessors, successors, parents, subsidiaries, affiliates, attorneys, officers, directors or employees. Indeed, the parties expressly deny any such liability, wrongdoing or responsibility.
    3. Releases.
    (a) Owner shall release acquit, satisfy and forever discharges the Subscriber and his, her or its officers, agents, shareholders, subsidiaries, affiliates, insurers, assigns and other representatives of and from all, and all manner of all charges, claims, actions, rights, demands, debts, obligations, damages or accountings of whatever nature, in law or in equity, based upon any actual, potential or attempted infringement of Owner’s exclusive rights to the Work occurring, if at all, on or prior to the Effective Date upon receipt in full of the Settlement Money. For the avoidance of doubt, this Agreement does not release the Subscriber from any liability the Subscriber may have for any infringement of Owner’s rights to the Work occurring at any time after the Effective Date or any infringement occurring at anytime of Owner’s rights in any other copyright protected work other than the Work. Should Subscriber fail to pay the full amount of the Settlement Money in a timely manner then each party acknowledges Owner has expressly reserved the right to proceed against Subscriber in a copyright infringement suit asserting infringement prior to the Effective Date of the Work through which Owner seeks damages in excess of the balance then due for the Settlement Money.
    (b) The Subscriber hereby releases, acquits, satisfies and forever discharges Owner and its officers, agents, shareholders, subsidiaries, affiliates, insurers, assigns and other representatives of and from all, and all manner of all charges, claims, actions, rights, demands, debts, obligations, damages or accountings of whatever nature, in law or in equity, based upon any events, claims, actions or inactions that occurred prior to the Effective Date.
    4. Independent Counsel. Each party acknowledges that it has received independent legal advice from its counsel, or has had the opportunity to seek advice from counsel, with respect to the facts and this Agreement.
    5. Legal Fees and Costs. Each party shall be responsible for paying its respective legal expenses and costs incurred in connection herewith and no moneys will be exchanged except as otherwise provided for herein. Should it become necessary for Owner to institute a legal action to collect any portion of the Settlement Money, or to recover upon a worthless check, Owner shall be entitled to recover from Subscriber Owner’s reasonable attorneys’ fees and costs associated with any such collection effort.
    6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and to their respective successors and legal representatives.
    7. Nonwaiver. No provision of this Agreement shall be adjudged waived unless any such waiver is signed by the party against whom the waiver is asserted. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
    8. Severability. If any provision or application of this Agreement shall be held invalid or unenforceable then any such provision shall be deemed severed from this Agreement and the remaining provisions and applications of this Agreement shall not be affected, but rather shall remain valid and enforceable.
    9. Entire Agreement. This Agreement constitutes the entire agreement and supersedes any and all other understandings and agreements between the parties with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on either party. This Agreement may be modified only by a written amendment duly signed by each party.
    10. Execution in Counterparts. This Agreement may be executed in two or more counterparts each of which shall be deemed an original and each of which when combined with the other shall constitute one and the same instrument.
    11. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of all parent companies, affiliates, subsidiaries, related companies, defendants, franchisees, successors and assigns of each of the parties hereto.
    12. Jointly Drafted. The parties to this Agreement have cooperated in the drafting and preparation of this Agreement. Therefore, this Agreement shall not be construed against either party on the basis that the party was the drafter.
    13. Recitals. The recitals are made a part hereof.
    14. Authority. Each of the undersigned signatories hereby represents and warrants that he or she has the authority to bind the entity on whose behalf he or she is signing this Agreement.
    IN WITNESS WHEREOF, the parties have set forth their hands below.
    Raw Films, Ltd. (Owner)

    By:
    Printed:
    Title: Attorney/Authorized Agent
    XXX (Subscriber)

    By:
    Printed: _XXX
    Title:

  13. AZFighter says:

    Just to make it easier you may submit an anonymous tip to the FBI Cyber Crimes Division of such extortion information at:

    https://tips.fbi.gov/

  14. DieTrollDie says:

    If you are part of a North Carolina case, one of the Does wishes to hear from you – Strength in numbers!
    comingaftertrolls@gmail.com

    DieTrollDie 🙂

  15. AZTrollSlayer says:

    There were two default judgements made in one AZ case (CV 11-01604) on 9 FEB but the trolls got a whole lot less than the 150k they were expecting…only $750 each!

  16. Loud and Close! says:

    What happens to the ones that haven’t reached a settlement or were dismissed?How does this ruling affect the people left in this case? Looks like there are two left.

    • DieTrollDie says:

      What happens depends on what the Troll wants to try and do. If a Doe is dismissed without prejudice, a case can be refiled against them. (Note: 3-year statute of limitation) If no settlement is reached, the Troll can name the Doe(s) issue summons and start the pre-trial phases. The two recent default judgements in the AZ case (cv-11-01604) are a good example. The risk with this is if the Troll gets a Doe who wants to fight, they risk exposing their dirty operation to the public. Many times, a Troll will drop it completely and focus on the new Does who don’t have clue what is going. “freash Meat” to the Troll.

      DTD 🙂

  17. Loud and Close! says:

    Can the remaining defendants accept a default judgement like the judge imposed on these two. obviously it will cost more than that to hire a and retain a lawyer? Seems like they are getting screwed for filing an answer.

  18. JohnD says:

    something is just wrong that they can even get a dime, much less $750

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