DTD Torpedo Targets AF Holdings LLC v. Harris – 2:12-cv-02144 (AZ)

25 March 2013 Update

Notice of appearance.   NoteAppear_02144(AZ)   Will write something on this in the future.  Also note that a motion to stay has been filed.  I haven’t downloaded it yet.  OK, here is the motion to stay filed by Paul D. Ticen, on behalf of six IP addresses.   MotionStay_02144(AZ)

DTD 🙂

—————–

My latest declaration (Torpedo) found its mark on 20 Mar 13.  BOOM!!!

It was filed in AF Holdings LLC v. David Harris (2:12-cv-02144 (AZ)).  I also made sure to list out the eight other Arizona cases that are directly related to it.  Hopefully Judge Snow will consider the information I brought up.   DTD_Tor_02144(AZ)   As of today, the cases against Song (2:12-cv-021132), Heggum (2:12-cv-02130), and Harris are the only ones still open from the original eight.  Plaintiff has been given until 6 Apr 13, to serve Heggum.  The interesting bit is that on 31 Jan 13, Judge Neil Wake made a default judgement of $4,995.00 against Walter Szarek (2:12-cv-02134).   Default_Judge_Szarek_02134(AZ)

The payload of the torpedo is that Plaintiff violated a local AZ court rule (LRCP 42.1) because it did not inform the court of the seven other Arizona AF Holdings cases that are based off the original DC case.  These cases should have been consolidated under one judge, as well as noting they were related to each other, as well as the other 1132 Does in the original DC case (1:11-cv-01274).  In addition, as there was a default judgement against Szarek, the remaining cases should be dismissed.  As Plaintiff claimed in the original DC case and the single AZ cases, this single claim of copyright infringement came from the same BitTorrent swarm of the same hash file – All parties were jointly and severally liable.  As the default judgement against Szarek was for this single action, it is now the responsibility of Szarek to go after any Does, not the Plaintiff.

I don’t know what Judge Snow will do, but I hope he at least puts a hold on the subpoena he granted Plaintiff in the Harris case.  Please see my previous article on this new move by AF Holdings LLC/Prenda Law/Troll Goodhue.  I also sent a copy of the Torpedo to Judge Wake (who entered the default judgement against Szarek) to inform him of the situation.

On an additional note, on 20 Mar 13, Troll Goodhue filed a Notice of Allegations Raised In Another Jurisdiction.   Allegations_Cooper_02144(AZ)   It looks like Prenda is trying to conduct damage control regarding the “Alan Cooper” fraud allegation.  That is at least on those AF Holdings/Ingenuity 13 cases that are not being dismissed to possibly avoid having to address the issue.

Previous AF Holdings LLC/Harris Article

DieTrollDie 🙂

You know the song.  😉

Here is a little comedy from Attorney John Henry – Not to be taken as fact.

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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12 Responses to DTD Torpedo Targets AF Holdings LLC v. Harris – 2:12-cv-02144 (AZ)

  1. Pingback: Streisand Effect, China Syndrome, & Libel Allegations OR “What A Copyright Troll Probably Shouldn’t Do” | DieTrollDie

  2. Thank You from the Midwest Doe's says:

    Very nice; thank you from the Midwest Doe’s!

  3. that anonymous coward says:

    DTD your my hero!

  4. ThatOneGuy says:

    Hey it’s me again. I’m sorry I haven’t gotten around to emailing you, but as a legal derp and someone who may or may not be a Doe, what would this mean for a Doe who hasn’t had their subpoena served yet?

    • DieTrollDie says:

      If you are one of the AZ Does in the Harris spin-off subpoena, it could have an effect on the subpoena. It all depends on what the judge wants to do. I can only hope the judge looks a t the issues and doesn’t let Mr. Harris’ actions influence him. It would nice if the judge would place the subpoena on-hold until Plaintiff could answer some questions on the issue of related AZ cases, the parent DC case, and the default judgement of Szarek.

      Due to not hearing or seeing any action from Mr. Harris for a while, I wonder if something else is going on here. Call me paranoid, but it just doesn’t have a good feel to it. I really don’t like that a subpoena for the additional IP addresses attached to this case was issued with little information to show the justification for it.

      If you are a Doe in another case (same Plaintiff), this may be relevant if you also were part of a mass-Doe case that was dismissed and then refiled against you as a named defendant – especially if Plaintiff does not tell the court of the various relation(s).

      What I expect to happen is after the ISP subscriber information is released on the additional Does. Plaintiff will try to extract settlements form the Does, while keeping open the Harris case. When the case case is closed, they will possibly move to filing single cases against various defendants. NOTE: The big issue will be what happens at the 2 Apr 13, OSC hearing California. Things are bound to get really interesting to say the least.

      DTD 🙂

  5. Pingback: Last-Minute Stipulated Dismissal of Ciccone And The Michigan 300 (AF Holdings LLC.), 4:12-cv-14442 (MI) | DieTrollDie

    • DieTrollDie says:

      Yes, thank you. Been busy as usual. It is the same claim that I’m “anti-copyright” and the information I provided is “baseless.” Again, I’m not anti-copyright. I just do not agree what the trolls and content owners are doing. Two wrongs (copyright infringement & copyright trolling) don’t make a right.

      DTD 🙂

  6. Pingback: AZ Troll Motions To Strike DTD Torpedo & Order To Show Cause – AF Holdings LLC, 2:12-cv-02144 | DieTrollDie

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