Eastern District PA Refers 48 Troll Cases To Judge Baylson For Monitoring & Coordination

Thanks Raul for getting this information out. 

Well it looks like the Eastern District of PA may be getting sick of the Trolls.  On 16 Aug 12, Judge J. Curtis Joyner, ordered that 17 Patrick Collins cases and 31 Malibu Media cases be assigned to Judge Michael Baylson.  Consol_03643(PA)   Consol_04443(PA)

Judge Bayless will be monitoring and coordinating the following issues for these cases.

    • Severance of Defendants
    • Discovery Status
    • Scheduling of Arbitration Hearings
    • Settlement Negotiations
    • Trial Dates

In case you don’t remember, Judge Bayless conducted the recorded hearing (2:12-cv-02084, Malibu Media v. John Does 1-14) in which  Christopher Fiore made it obvious he was a simple tool in the hands of a larger Copyright Troll.  Note: This case is in the 04443 case order.  I can hope my declaration (Torpedo) had some effect on this decision, but I think Judge Bayless and others in the EDPA were beginning to see this business model for what it is.  Previous posts on this issue

Judge Joyner has just made it very clear to the Trolls that they are on notice to follow through with all their BS claims they will name, serve, and move these cases forward.  It is interesting to note the first issue mentioned in the order is “Severance of Defendants.”  The severance of all Does except for #1 in these cases is a good possibility.   I’m sure there will be more interesting developments in the future.  Stay tuned.

DieTrollDie 🙂

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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8 Responses to Eastern District PA Refers 48 Troll Cases To Judge Baylson For Monitoring & Coordination

  1. Subscribe says:

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  2. Raul says:

    I have to agree Troll Fiore is now under the microscope by the sole judge who initially had reservations. Hopefully this judge casts his gaze to nearby SDNY for guidance as to shutting this racket down.

  3. Cynthia Conlin (@ConlinLaw) says:

    I’m hoping this same thing will happen in the Middle District of Florida – we’ve currently got 24 Malibu Media cases, and I currently filed motions to transfer them to one judge under the Local Rules. It’s ridiculous to have so many related cases spread out among so many judges.

  4. Aiden2072 says:

    In 5:12-cv-03139-TJS, Judge Savage severed & dismissed all defendents except the one who filed a motion. Since that case has been consolidated with Judge Baylson, what happens next?

    Can another MTQ/MTD be filed with Judge Baylson (without claiming improper joinder)?

    See:
    http://www.rfcexpress.com/lawsuits/copyright-lawsuits/pennsylvania-eastern-district-court/97448/malibu-media-llc-v-john-does-1-22/summary/

    http://ia701208.us.archive.org/31/items/gov.uscourts.paed.463525/gov.uscourts.paed.463525.17.0.pdf

    • DieTrollDie says:

      It may be that the consolidation under Baylson means the initial judges have to coordinate with him on their actions. Kind of like the final approval of actions on these types of cases. What is next? The ISP will provide the subscriber information on Doe #10 and the Troll will have to put up or shut up. Troll Fiore will try to get Doe #10 to settle by the usual letters and calls. If Doe #10 doesn’t settle, then Troll Fiore can only name and sever him. This is a risk to the Troll as all he has is the public IP address of the ISP subscriber – weak evidence. Unless he can get Doe #10 to make some incriminating statement or default (not respond to the summons) he is hurting. The public IP address alone will not give the Troll/Plaintiff the “Preponderance of the evidence” needed to win at trial. If the Doe responds to the complaint and files counterclaims, then the Troll is locked into the case.

      Yes – Another MTQ/D can be filed. The Doe just needs to change it to clearly state why the judge should do this. Have any ideas of this could be?

      The judge did a nice job explaining why joinder was improper in the footnotes – 1) Two month period of the swarm;cannot show they all shared it. 2)joinder would not promote trial convenience and expedition of the proceedings.

      Possible Options for Doe #10.
      1) Give the Troll the Richard Pryor Response and to touch base with some experience IP attorneys. Hire an IP attorney if served a summons.
      2) Hire an IP attorney to act as a shield (“Piss Off Fiore!”) and prepare an answer to a possible summons.
      3) Hire an IP attorney and file a counterclaim against Plaintiff.

      Troll Fiore and his master are now in a “pickle,” as the judge handled the joinder issue and now they have to make good on their claims and move the case forward. If they don’t, they look foolish at best – more like a liar IMO. The judges will take note of this.

      DTD 🙂

  5. Pingback: Judge Boylson wants to test copyright trolls’ evidence in a bellwether trial « Fight Copyright Trolls

  6. Pingback: Nine cases referred to Judge Baylson in Eastern District of PA « copyrightclerk

  7. Jane says:

    Hello DTD!

    I have a question. I am a “Doe” listed in one of the 31 Malibu Media cases that have been referred to Judge Baylson for monitoring and coordination, culminating in a bellwether trial in April 2013. My case number is 2:12-cv-02077-RK. Is my case on hold, with all proceedings suspended, until the bellwether trial is over? I have been looking at the docket for my case, and it seems like all activity stopped, according to the docket, as soon as it was turned over to Judge Baylson. I’ve been getting phone calls at home and at work from Troll Bill Higgins since August 14th, and I’m happy to continue ignoring them, but would be even happier if I knew nothing was going to be happening with my case anyway, for a while.

    Thanks for all you do! Have a wonderful Christmas and New Year’s!

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