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)
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.
You know the song. 😉
Here is a little comedy from Attorney John Henry – Not to be taken as fact.