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 22.214.171.124, 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.
So 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 126.96.36.199, 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.
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 article. Torpedo #10. Plaintiff is trying a similar move and is close to getting ISP subscriber information released.
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