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

25 Mar 13 Update

Here is the signed order.  StipDismOrder_14442(MI)

Thank you Doe for posting the update information concerning the stipulated dismissal of the case.   StipDismiss_14442(MI)    The proposed stipulated dismissal order was filed on 22 Mar 13.  Plaintiff and Defendant Ciccone have come to an agreement.

NOW COME Plaintiff AF Holdings, LLC, by and through its counsel Jonathan Tappan, and Defendant Matthew Ciccone, through his counsel, Bernard J. Fuhs, and, as Plaintiff AF Holdings, LLC has agreed to forever release any and all claims it has asserted and/or could have asserted against Defendant Matthew Ciccone, all of his agents, principals, partners, officers, directors, employees, associates, attorneys, insurers, heirs, executors, administrators, predecessors, successors, affiliated entities, assigns, privies, spouses and all other persons, firms or entities, which are or might be associated with Internet Protocol (“I.P.”) address 68.41.29.56, whether known or unknown, relating to the subject matter of the instant action, the above captioned case shall be dismissed with prejudice and without costs or fees being imposed on any party, and the Court being otherwise advised in the premises:

The court still has to decide if it will agree and sign the order, but that will likely happen in my opinion.  If I’m wrong and the judge wants some questions answered first, I will be happy.

ISDP1So what does this all mean?  As I previously wrote, Defendant Ciccone and Plaintiff obviously came to some sort of agreement in regards to the attempt to obtain ISP subscriber information.  Most likely Ciccone agreed to assist AF Holdings LLC/Prenda Law Inc./Troll Tappen with this effort.  As many of the Does decided to fight back, the judge placed a hold on the release of the ISP subscriber information and set a hearing on the matter.  Recently the hearing was pushed back to 22 Mar 13, the date the stipulated dismissal was submitted.   StatusConf_22Mar13_14442(MI)    Judge Otis Wright in California called this type of last-minute filing “gamesmanship.”  By doing this, Troll Tappen doesn’t have to address the uncomfortable questions about AF Holdings LLC and the Alan Cooper fraud allegations.

As the ISP subscriber information was not released, the 300 Does are off the hook – for now.  Prenda Law Inc., can still refile cases on the IP addresses, but it will probably just slink away for now.  The 2 Apr 13, OSC hearing in Judge Wrights California court is going to be a wild ride.  For you old-timers, “This is definitely going to be an ‘E’ ticket attraction.”  🙂

If you are one of the 300 Does, I would keep a copy of the proposed stipulate dismissal order in your “just-in-case” folder.  The order clearly released any and all parties associated with Mr. Ciccone’s IP address.  Plaintiff has clearly stated that the 300 IP addresses were associated with Mr. Ciccones IP address and the judge initially agreed.  “…and all other persons, firms or entities, which are or might be associated with Internet Protocol (“I.P.”) address 68.41.29.56, whether known or unknown, relating to the subject matter of the instant action, the above captioned case shall be dismissed with prejudice…”  So I would take that to mean that this releases you from any and all liability.  Yes, the wording is not perfect, but it is an argument I certainly wouldn’t pass up if Plaintiff has the balls to come after you again.

On a side-note, I thought it was very funny that the proposed order/PDF file was made using a “trial” version of PDF Factory Pro software.

TrialVer1

I guess Troll Tappen or Prenda Law Inc., could afford the full version for their operation.  I wonder what the user agreement states for using the trial version in an official legal document?  Looks like somebody needs to pay for the full version of the software and do it fast.  😉

Now I hope that some of the Arizona Does who are part of a similar scam (my opinion) in the Harris case (2:12-cv-02144 (AZ)), decide to take some action to prevent the release of their information.  Recent Harris case articleTorpedo #10.   Plaintiff is trying a similar move and is close to getting ISP subscriber information released.

DieTrollDie 🙂

Previous Ciccone/Michigan 300 Articles

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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10 Responses to Last-Minute Stipulated Dismissal of Ciccone And The Michigan 300 (AF Holdings LLC.), 4:12-cv-14442 (MI)

  1. Raul says:

    At least one MI Doe Defender is pissed off about this state of affairs, we’ll if anything comes of it.

    Also noted that at least one document filed by Tappan was authored by a freelance legal writer located in MN!?

  2. CTVic says:

    Oh, wait. So “trial version” doesn’t mean that it’s free for legal purposes?

  3. “the wording is not perfect…” but “might be associated” is pretty broad!

  4. adam says:

    Looks like the judge signed it.

  5. sharp as a marble says:

    i am just spit balling here, but according to prenda logic: anyone who dl’d the same hash is associated. thus this dismissal would be for anyone “which are or might be associated with Internet Protocol (“I.P.”) address 68.41.29.56, whether known or unknown, relating to the subject matter of the instant action.” everyone associated with that hash and an af holdings case should file a notice of judicial order or whatever the legalese is for “look they dismissed me with prejudice in MI”

  6. anti troll says:

    I want to thank DTD for the update and the information on Trolls
    Now this is done, would you recommend that i send a letter to my ISP regarding this case closure to prevent myself from any future troll events?

  7. Pingback: LW System v. Hubbard: from Adam Urbanczyk’s signed agreed order to the new breed of demand letters | Fight Copyright Trolls

  8. Pingback: Prenda Law Responds To Motion To Stay Subpoena – AF Holdings LLC v. Harris – 2:12-cv-02144 (AZ) | DieTrollDie

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