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.
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.
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?”