Prenda Law Inc. Claims $150K For Five Hours Of Work ($30K An Hour), CP Productions Inc. v. Glover, 1:12-cv-00808 (IN)

On 26 Feb 13, Indiana Troll Mathew Dumas, Hostetter & O’Hara, filed a follow-up motion for a default judgment against Gerald Glover III, for downloading/sharing the CP Production Inc., movie, “GH Hustlers – Maryjane’s Second Visit”.  He also filed a brief in support of the default judgment and a breakdown of the attorney’s fees and cost incurred.    Motion_Default2_00808(IN)   BriefSupMTD_00808(IN)   AttFeesCost_00808(IN)  Previous post on this case.

As Mr. Glover failed to respond to the summons/complaint served on him, the court had no alternative to grant the default judgment.  Default_Order_00808(IN)   Rule 55. Default; Default Judgment   I will say the court did make Plaintiff go back and see if Mr. Glover was a member of the US military before granting the default judgment.  Troll Dumas claims their investigation failed to disclose Mr. Glover was a member of the US military.  As you will see, I really doubt Troll Dumas did much of an “Investigation.”  I wonder how many minutes they actually took out of their “One” hour of total investigative activity for the case to do this?

In the motion, Troll Dumas requests the court to award the maximum statutory damages for a single instance of “willful” copyright infringement – $150,000.  He also requests an award of $1,000 attorney’s fees and $425 for costs.

What was interesting to see is the amount of time Troll Dumas spent on this case.

5.  I spent a total of 5 hours in prosecution of this case against Defendant Glover. This includes investigating the facts for 1 hour, researching the law in the Complaint for 2 hours, speaking with national counsel for my client on the facts and the law for 1 hour, and drafting and filing the Complaint, the Amended Complaint, and other filings including the default filings for 1 hour. My normal hourly rate for a case like this is $200 per hour. This totals $1,000 for attorney’s fees accrued litigating this case against Defendant Glover. This fee is reasonable based on my experience and the amount of time spent on the matter.

Now I don’t know what the judge will actually award Plaintiff, but at a minimum he has to award $750.  The attorney’s fees and cost do not appear excessive, so I imagine he will also grant them.

Unless Mr. Glover has some serious assets, the award is mostly hollow in my opinion.  Prenda Law will get little to nothing from this, except to claim victory and close this case.   This just goes to show you why you don’t want to stick your head in the sand and allow a default judgment to happen.  I believe Prenda Law Inc., is happy to see this case coming to an end.  The owner of CP Productions, David Graves, recently (29 Jan 13) told us here that he hasn’t used Prenda Law Inc., for some time.

This will be my last comment but I wanted to leave you with this. I haven’t used Prenda Law in a very long time but I’m sure my current lawyer will be very interested in your privacy policy, or lack there of.

I imagine Mr. Graves didn’t like the settlement split they had with Prenda Law Inc.  David, if you would be so kind as to tell us what was the settlement split arrangement you had with Prenda Law?  How much money did you actually get from them?  I bet it wasn’t as good as “silver tongued” John Steele promised.  And in case you are interested, Prenda Law is still calling the other Does in this case and trying to get them to pay a settlement.  FYI – As the default judgment was granted on (19 Feb 13), it is now the responsibility of Mr. Glover to seek damages against the other alleged infringers – Not Prenda/CP Productions.  As your name is on the case, you could be held liable for such abuses.  *** Affected Does – that is your clue to write the court about any call or letters you get. ***

Now even if Prenda Law and it minions actually worked 25 hours on this case (Five times their claim), that would still equate out to a claim of approx. $6K per hour.  Now I know that someone will say the “damages” are actually for the content owner – Please don’t believe that BS.  Prenda Law is taking majority of the settlements, with smaller amounts going to the content owners and then out to the mini-Trolls such as Dumas.  This goes to show you how little time and effort is put into these cases.  The goal is to spend as little time as possible on these cases to maximize the profits.

11MarchIt looks like March is going to be a fateful month for our friends at Prenda Law.  I will leave you with a passage from Shakespeare’s Julius Caesar.

Caesar:  Who is it in the press that calls on me?  I hear a tongue shriller than all the music.  Cry “Caesar!”  Speak, Caesar is turn’d to hear.

Soothsayer: Beware the ides of March.

Caesar: What man is that?

Brutus: A soothsayer bids you beware the ides of March.

Maybe Gibbs will turn out to be a “Brutus?”  –   “Et tu, Brute?

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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15 Responses to Prenda Law Inc. Claims $150K For Five Hours Of Work ($30K An Hour), CP Productions Inc. v. Glover, 1:12-cv-00808 (IN)

  1. Someone says:

    Could you expand on the “Write to the court” line? I would like to file a complaint, but want to be careful. Are they, by continuing to contact me asking for a settlement, breaking any laws or violating the terms of the Default Judgement? Would my complaint have any effect on this case, or is it simply to raise the awareness in the Judges eyes of their practices. I have kept a diary of every call, letter.

    If I contact the court, does my contact information and letter get shared with anyone? (Glover? CP? ) Would they be able to use this information to get a share from me?

    When do we find out the damages awarded? Would love to see it as $750 🙂

    As the case is closed in Indiana, does this mean they could re-open the same copyright infringement suit in another state (i.e. CA) using the same Subpoena information?

    Thanks for keeping tabs on this case for us all!

    • DieTrollDie says:

      I understand wanting to be careful. 1st – the case is not formally closed yet. The court will issues an award soon – I didn’t see any dates for this. 2nd – If you do it right, you can provide all the relevant information to the court concerning their efforts to get you to pay after the default judgement order was issued – 19 Feb 13. As far as what could happen…. It depends on what the judge thinks of their actions. It at least gets the information out to the court and hopefully into PACER. Take a look at my declarations and maybe use that as a starting point.

      As Prenda has claimed that all the Does were jointly and severally liable for this single instance of infringement, the Prenda/Plaintiff aspect is essentially closed. It is now Mr. Glover’s responsibility to go after the other Does – very unlikely that this will happen.

      What would extremely funny is after a low-ball award, Mr. Glover motions the court to direct Prenda Law to disclose how much money they received from the settling Does. This amount is highly relevant to the statutory damages award for parties that are jointly and severally liable.

      Prenda Law could open cases on non-settling Does in other locations, but it would be really easy to show these courts what Prenda was doing.

      DTD 🙂

  2. innocentdoe says:

    DTD you say that “you don’t want to stick your head in the sand and allow a default judgment to happen”, my question is when can this default judgment happen? I received an initial letter from my ISP about the summons etc. with bunch of IPs listed on the letter and summons listed Joh Doe, not my name. This was followed up by 3 calls from MM; I answered the first one and then researched about this scam and found this website (Thanks a lot!!). I ignored the next two calls as I didn’t want them to use my words against me.
    After that I have been waiting for them to serve me (I believe they have to serve me in person to appear in court or settle personally/through an attorney). So I have been waiting on the summons/notice for a while now but haven’t received any official letter to appear in court…so am I doing the right thing in waiting for the summons or will my actions cause a similar “default judgment” as it did for My Glover?
    Again thanks for your diligent responses and research!

    • pissed Off doe says:

      innocentdoe, monitor your case on rfcexpress. The way trolls ask for default is they first change your name from doe # to your name, then sent out a summons/notice to you. After you are served, if you fail to reply to the complaint, they may ask for default. Dtd has a great post on how to deal with the complain and file an answer..

    • DieTrollDie says:

      If you do not have a PACER account, get one and keep tabs on your case. Check it at least once a week. Once you figure out how to navigate through it, it is pretty easy. Check the docket and see what Troll/Plaintiff is doing. Also make sure you are using the RECAP plug-in on the Firefox Web browser, as this help[s everyone save money on the cost of the documents. For you, the cost will likely be free (very little use). I have a quarterly bill of at least $50.

      Check out the specific rules your court has for effecting service of a summons/complaint. They can vary a bit, but personal service (face to face) is a common method. Contact the clerk of the court for assistance in finding this information if you have trouble. If they have your true address, then it is not hard for a process server to accomplish his job. They usually try to bang on your door when you are most likely to be there – late night or early morning.

      I would still keep checking the docket, as these bozos may claim they cannot find you and ask the court for an alternate way of effecting a service. This could be by sending a letter to your last-known address or by placing an advertisement in a local paper – it depends. In the docket your will see when they file proof of service or a memorandum stating you cannot be located. Even if you find out later that a default judgement was issued and you never received the summons, things are NOT over. It is common for a court to set-aside a default judgement if a defendant shows good cause as to why he/she never received the summons. Then it would go back to you answering the complaint with an attorney or pro se.

      DTD 🙂

      Last note: Don’t be afraid to speak to the Troll. The only way they can use your words against you is if you allow it. Richard Pryor Response.

  3. pissed Off doe says:

    Haha, I remeber David Graves from chicas place posting here complaining about his angel of a wife being harassed on twitter, lol. Davis, maybe now u can finish off that nice swimming pool.

  4. Doe says:

    DTD you mentioned keeping a tab on your case, does that mean the John Does 1-X case?

    Or do you have to check if there was a recent case with a single John Doe filed with your IP address?

    Finally, my case says “NOTICE of Voluntary Dismissal by MALIBU MEDIA” does that mean the case is over or do I still need to keep watching the case or just watch for new single John Doe cases?

    • DieTrollDie says:

      Keeping an eye on the mass doe case you were associated what I was talking about. It still wouldn’t hurt to also watch RFC Express for new cases filed against single Does by your Plaintiff. See if you can determine the IP addresses – is it yours?

      As far as the notice of voluntary dismissal, you need to read the full document (as well as the docket – all the case activity) to make sure it applies to you and it is not for certain Does. See if it is archived – If not, access PACER and get a copy.

      DTD 🙂

  5. Emphatic Doe says:

    Heard that the ethically criminal people @ Prenda wanted the head of those who fight against their ploutocratic and egotistic actions. Showing some support. Don’t let these trolls thrive !

  6. pootie jane says:

    Randazza apparently totally inflated the amounts he requested to cover attorneys fees in Liberty v Oron. Theres a new filing at the appeals court by Liberty’s attorneys which states that the amounts were heavily inflated.

  7. Pingback: Copyright Troll Offender Profiling – The Likely Suspect | DieTrollDie

  8. Pingback: How ISP's Catch Users Illegally Downloading TorrentsSMR Hosting's VPN Blog

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