9 May 12 Update
Thank you SJD. Well the Wong v. Hard Drive Productions case (4:12-cv-00469) has been settled as of 7 May 12. Settlement_record_00469(CA)
Case settled. Confidential settlement placed on the record.
I’m sorry to see it is confidential, but as I haven’t heard from John Steele in a rambling post, it probably wasn’t that good for him. Please John, make some lie about how this was a win for you and you are now “truly” taking the fight to the pirates. I know there have been some comments on the deposition of Abrahams, but when can we expect you to settle on that one? Soon? I bet it will make you think twice about pushing people into a corner. The financial loss to you is probably minimal considering all the Does you have milked to date. The real harm is going to come from all the defense attorneys who are now going to see a little bit of Prenda blood and start to move in. A shark feeding frenzy – what a sight to imagine. Word will get out John. You know how lawyers work.
Hey Paul? Going to try that again? I don’t think so. 😉 And I would advise not going with the Arcadia security software (Steve Lightspeed). It is going to backfire on you. Just my advice.
Have a great day.
OK, Thanks again Raul and others for posting this information up earlier. Well to quote the movie Betelgeuse, “It’s Showtime.”
Bottom line –The judge (Yvonne Gonzalez Rogers) decided the scheduled 17 Apr 12, hearing on the Motion to Dismiss from HDP (Liuxia Wong v. HDP, case # 4:12-cv-00469) was pointless and issued her order on 13 Apr 12. DENIED HDP_MTD_Denied_00469(CA)
This isn’t a great shock to many of us as we have seen that Gibbs (Prenda Law) got its foot caught in a trap and is actively trying to free itself. Keep trying boys; you make fine entertainment for all of us. Now there was some dribble from John Steele concerning Mr. Yuen (Wong’s attorney) getting a bit of a slap down from the court. Based on the order, it doesn’t appear to have much effect on the court’s decision. To think about, if I’m employing a lawyer, I want him to push hard and take some risks. Keep up the good work Mr. Yuen.
No Controversy???? Are You Serious
This part was just too funny. The judge goes over all the actions Prenda Law has taken to try to get Mrs. Wong to settle and then she compares it to what Prenda is telling the court – which is essentially this:
Ma’am we don’t actually believe Mrs. Wong did this and we will not sue her, so please dismiss the case against us.
The court didn’t buy what Gibbs had to say and even went so far as to note that if they truly didn’t plan on going after Mrs. Wong, how come they haven’t provided a written agreement to state as much. Oh boy, he comes the uncomfortable silence from Gibbs and crew…………
Yes the judge obviously couldn’t understand the logic of the argument and stated:
…the Court concludes that Plaintiff has alleged a real and reasonable apprehension that Hard Drive may seek to hold her liable for the alleged copyright infringement. The FAC alleges a viable claim for declaratory relief. The motion to dismiss for failure to state a claim is DENIED.
Northern District is Not the Proper Jurisdiction
Before even addressing this weak claim, the court notes that HDP does not dispute the Court has personal jurisdiction over it AND does not offer any facts in support of its motion to show that the Northern District is improper. Wow, that doesn’t sound good. This is one area where Gibbs does not stick his foot in his mouth too seriously. He is at least smart enough not to claim jurisdiction is improper, as they started this mess in the Northern District in the first place. The judge summarizes this fact and states the jurisdiction is proper and fair.
HDP Previous Infringement Action Was Filed First
In this claim, Gibbs tries to state that since they filed the previous case first (in the same district), the current one filed by Wong should be dismissed. The judge dismisses this because both cases are in the same jurisdiction, and an order was issued relating the two cases.
Time to Die
Hard Drive’s Motion to Dismiss is DENIED. Hard Drive is directed to file and serve its answer to the First Amended Complaint no later than April 30, 2012.
Well as of 17 Apr 12, the court issued an order putting the discovery portion on hold and directing both parties attend a mandatory settlement conference. The settlement conference will be handled by Magistrate Judge Joseph Spero no later than 18 May 12. The judge also makes it very clear that if responsible parties (Luxia Wong and HDP Owner PAUL PILCHER – Director & President of HDP) are not present or have an approved excuses why they are not, a show cause order for sanctions will be issued. Settle_Conf_Order_00469(CA)
The judge then states the following:
- The Wong deposition shall commence after May 18, 2012, but no later than June 1, 2012.
- Gibbs will “name and serve John Doe” in the 11-cv-5630 action thereafter. Hearing on an order to show cause re: dismissal for failure to prosecute shall be set for June 22, 2012, at 9:01 a.m. What??? Does she think Gibbs is going to dismiss John Doe when pressured to put up or shut up???
- Gibbs shall file a written response to the order to show cause no later than June 15, 2012.
Wow, the judge does seem like she knows what is going on and is not too pleased that the court is being abused by Gibbs and HDP. The really funny thing about this is it is bound to go the same way for Seth Abrahams v. HDP, case # 3:12-cv-01006, Northern District of CA. Currently Gibbs has filed a Motion to Dismiss similar to this one. It is bound to be denied also. MTD_HDP_01006
Gibbs and papa Troll John Steele know that both judges in the Northern District of CA are talking this over. I don’t think they are very hopeful. Funny thing is, Prenda is probably only going to take a loss on the cost of defending HDP. HDP (Paul Pilcher) is going to be the one who likely takes it in the shorts – OR like some of his models, take a couple shots in the mouth. 😉
What do I think will happen
I think Gibbs and HDP will go to the settlement meeting and see if they can weasel their way out with as little damage as possible. HDP has made a huge amount of money off these scams, so he should easily be able to afford to settle. Mrs. Wong and Mr. Abrahams are in control and Prenda knows it.
If a settlement cannot be made, the deposition of Mrs. Wong and anyone else Gibbs can determine used the network will take place. As these witnesses will be properly prepared, no incriminating testimony will be disclosed and the rope will tighten around HDP. There is the possibility of forensic examinations, but the cost of it will make Prenda think twice on requesting it. Actually I think Prenda will do at least one forensic exam. If they don’t, Mr. Pilcher may make a claim of ineffective counsel against them – so true! LOL!
Two Main Factors
What is HDP willing to pay out to make this go away?
What will Mrs. Wong and Mr. Abrahams accept?
Public Service Message to Mr. Pilcher
Please don’t let Gibbs or Steele lie to you and say that everything is going to be all right. Think on how they treated all the John Does to get the money you both enjoyed receiving. Yes, they will treat you the same way when it comes down to taking a loss in the court – you will be on your own. John Steele will say he is sorry, but YOU are on your own. Please review any legal agreements you have with them and see who is at risk. I highly doubt Prenda will “Take one for the team.”
I truly hope Wong and Abrahams will go the distance and at least get the deposition of Prenda’s forensic agents (6881 Forensics LLC) on record. This would really put a damper on the Trolls.
More to come – stay tuned. *** Here is a 18 Apr 12, news article on this case – http://www.courthousenews.com/2012/04/18/45736.htm