2 Apr 12 Update – 27 Cases are Closed
Judge Robert Hinkle, Northern District of Florida, made his ruling on 2 Apr 12, after Mike Meiers (Troll replacement attorney) filed a response to a show cause order on why the cases should not be dismissed.
The judge stated Plaintiff failed to persuade the court on any of its three points. The court said it does have the right to sanction Terik Hashmi and Plaintiff for misconduct, as this is a Federal matter. The judge then states this matter is not a simple mistake on the part of Terik Hashmi.
Mr. Hashmi asserts he thought he could file these cases in this federal court based on this court’s local rules, but he has suggested no plausible reading of the cease-and-desist affidavit supporting that assertion. In the affidavit Mr. Hashmi swore that he understood that holding himself out as authorized to practice law in Florida would constitute contempt of the Florida Supreme Court and a third-degree felony. He swore that he understood he could not forward letters to third parties appearing to be from an attorney. He swore that he understood he could not provide legal advice or otherwise practice law in Florida, except on immigration matters. He swore that he understood that it would constitute the unlicensed practice of law to hold himself out as an attorney or as able to render legal advice or services; to offer legal services to others; or to collect fees for legal services. The assertion that Mr. Hashmi thought he could properly undertake to represent these plaintiffs in these cases—cases arising in Florida and having nothing to do with immigration—is plainly unfounded.
The last point the judge replies to is that plaintiff did not know Terik Hashmi was not authorized to practice law in Florida. The judge responds to this by stating Plaintiff didn’t even bother to provide any evidence showing this claim in the response.
To be sure, just as the record does not refute the plaintiffs’ complicity, it also does not establish their complicity. But the plaintiffs were given an opportunity to show cause why the cases should not be dismissed, and they are the ones who know whether they were or were not aware of Mr. Hashmi’s status. They are the ones who know whether they have demanded settlements through Mr. Hashmi and retained the proceeds. If the plaintiffs indeed filed these cases in good faith and without knowledge of Mr. Hashmi’s status, it would have been an easy matter to file a declaration saying so. The plaintiffs did not do that. Nor have they denied demanding and receiving settlement proceeds through Mr. Hashmi, or offered to give them back.
Based on this, the judge ordered the clerk to file the order in each of the 27 cases, stating Plaintiff’s claims are dismissed and the cases are closed.
Yes Plaintiff can refile the cases again, but the sting of the judges’ comments in the order is going to follow it wherever it goes. Plaintiff was slapped just as hard as Terik Hashmi. The judge believes they knew what was going on and didn’t say anything for fear of sticking it’s foot in its mouth. I don’t know what effect this will have for Copyright Troll cases in FL, but it isn’t good. Order_Dismissing_27_Cases
16 Feb 12, Show Cause Court Order
Just had some good news forwarded to me from Florida. It appears the wonder Troll Terik Hashmi has some serious explaining to do to Judge Robert Hinkle, Northern District of FL.
Here is the 16 Feb 12, Show Cause Order (Hashmi_Stay_of_27Cases), in which the judge consolidate 27 of Hashmi’s cases (for this admin purpose only) and effectively places them on hold until the judge decides if they should be dismissed because Hashmi lives in Florida, but is not a member of the FL bar. The judge has also hinted that other sanctions may be appropriate for this offense.
**** All affected Does – If you receive any calls, emails, or attempts by agents of Hashmi or the various Plaintiff to do anything with theses cases, please contact me. I will forward it to the copyright defense lawyers working this.
If any of these cases are still pending ISP subscriber information release, I would also fax & email a copy of it to the affected ISPs.
I wonder if Hashmi will even try to come up with some ridiculous excuse as to why he really doesn’t live in FL. Stupid Troll. I bet the various plaintiff’s are wondering why they went with this bozo.
“Some ships are designed to sink…others require our assistance.”