29 Jan 13 – Update
I will make this short. On 28 Jan 13, Troll Gibbs filed a Voluntary Dismissal of case 2:12-cv-08333, Ingenuity 13, LLC, (Prenda Fraud Company), v. John Doe. Archive Docket.
It doesn’t show that the court has approved this dismissal, but it will likely come. No closure until the Alan Cooper questions are answered. 😉
Congratulations John Doe and Morgan Pietz! DismissedCase_08333(CA)
Troll Gibbs got his final whine in.
Plaintiff maintains its contention that it is factually impossible to identify a John Doe through an IP address without obtaining ISP subscriber information; as such, Plaintiff now dismisses this action without prejudice in order to avoid the futility of attempting to litigate these cases under such circumstances.
Make sure you also look at the Fightcopyrighttrolls update concerning this development and a little gem from Judge Wright following the dismissal by Troll Gibbs. Doc45_Order_08333(CA) This order (issued on 28 Jan 13) instructs both sides that Plaintiff/Prenda is still required to answer the Discovery questions concerning Alan Cooper by 12 Feb 13. The judge also stated a case status report in due to be filed no later than 19 Feb 13, with a mandatory case status conference to be held in the court on 4 Mar 13, at 1:30PM. The purpose of the conference is “to discuss the status of this early discovery.” 😉
This going to be fun to watch, as the court made it clear that failure to abide by these orders will result in sanctions.
DTD 🙂 “Some ships are designed to sink… others require our assistance.”
Life sometimes gets so busy that you have to put certain tasks on hold while you “put out the fires” that come with everyone’s life. I was planning to write a declaration for this case after reading the mindless ramble Prenda Troll Brett Gibbs made regarding http://www.fightcopyrighttrolls.com and myself while seeking sanctions against Doe Defender Morgan Pietz. Mot_Sanc_08333(CA)
There is a community of individuals who are strongly anti-copyright enforcement, who operate the ridiculously-titled websites fightcopyrighttrolls.com and dietrolldie.com. Mr. Pietz’s actions described herein are designed to achieve greater publicity from these websites, with the aim of drumming up business from defendants who have been sued by Prenda Law for copyright infringement.
This case (archive docket) is a particularly busy one in which Troll Gibbs went so far as to try to get the judge dismissed because he wasn’t Troll-friendly and had granted Defendant/Mr. Pietz motion to make Plaintiff answer certain questions concerning the apparent “Alan Cooper” fraud.
Writing this declaration was almost as fun as imagining Troll Gibbs throwing another tantrum after finding it in his inbox. Please take a read and tell me what you think. DTD_Torpedo_08333(CA) One point I made in the declaration (see section 9) was to show how Troll Gibbs violated a Colorado court (Cisa case) order in another California Troll case (Hutcherson, 4-12-cv-05833, NDCA).
I do think the declaration has a good chance of staying on the docket, but you never really know. As Troll Gibbs already did his best to piss off the judge by trying to get him removed from the case, I like my odds. Until next time… The song remains the same.