*** This posting is due to a very nice Doe who forwarded me the fact that forum shopping was happening. Thank you Doe. To any Doe – Please feel free to send me your ideas or anything you find. DTD 🙂 ***
On 19 Dec 11, Sophisticatedjanedoe posted a story about Paul Duffy, Prenda Law, closing down two cases that were assigned to Judge Robert Wilkins – Paul Duffy dumps the second lawsuit assigned to an “inconvenient” judge.
The second case Duffy dropped as soon as it was assigned to Judge Wilkins was 1:11-cv-02176, Millennium TGA Inc. v. Does 1-939, filed on 7 Dec 11. Complaint_02176(DC) The wonderful title of the movie in this case was “Shemale Yum – Jenna Comes A’Knocking!” Nine days later, Duffy voluntarily dismissed it – must be some sort of Troll record. Dismissed_02176(DC) To dismiss a case with 939 Does, something must have scared Prenda/Duffy. To abandon all that potential settlement money must have been so frustrating.
It was so frustrating, that they (Prenda) decided on a new plan. Four days later (20 Dec 11), they had Troll Douglas McIntyre, Houston, TX, filed case 4:11-cv-04501, Millennium TGA Inc. v. John Doe, in the Southern District of Texas, Houston Division. Complaint_04501(TX) The movie is the same title as in 1:11-cv-02176. This “new” case does not have a straightforward list of all the Does. It only has one main Doe defendant and then 23 pages of co-conspirators (public IP addresses). Doe1_IP_address(04501(TX) Other_IP_Adrreses_04501(TX) Doe #1 in case 4:11-cv-04501, is public IP address 126.96.36.199, with a recorded date/time of alleged infringement on 5 Dec 11, 03:28:19 (UTC), location: Houston, TX.
A quick examination of the DC complaint disclosed that on page 13, Doe #1’s public IP address 188.8.131.52 can be found (3rd up from the bottom). The date/time is also the same – 5 Dec 11, 03:28:19 (UTC). Now I haven’t gone through and validated all the remaining IP address, but I’m pretty confident majority are there.
Sample comparison of public IP address (date/time) in both cases
- 184.108.40.206, 5 Dec 11, 01:25:50 (UTC) – Yes
- 220.127.116.11, 22 Nov 11, 06:28:52 (UTC) – Yes
- 18.104.22.168, 26 Nov 11, 21:11:45 (UTC) – Yes
- 22.214.171.124, 19 Oct 11, 12:54:24 (UTC) – Yes
- 126.96.36.199, 9 Nov 11, 20:38:20 (UTC) – Yes
If you find any significant difference in these cases, please post your findings. The only thing that stands out as different between these cases is the venue (DC verses TX), and how Prenda lists out the public IP addresses. In case 1:11-cv-02176, there are 939 Doe defendants, all accused of copyright infringement equally. In case 4:11-cv-04501, there is only one defendant (Doe #1) and 23 pages of “co-conspirators” (public IP addresses). The allegations for the new case are copyright infringement and civil conspiracy.
Now obviously Prenda feels it has a welcome venue in the Southern District of TX. It does seem odd that with this many Does, that there is no listed attorneys for any of the defendants. There are only two people who are listed as Pro Se defendants with true name/addresses. I imagine being associated with SheMale porn is going to make it harder for some people to tell anyone what is going on. In my view, it is all a load of crap, so the title doesn’t bother me. I don’t know what this judge would think of the obvious forum shopping that Prenda has engaged in, but one can only hope the court will see what sleazy methods the Trolls are using. Dockets