Motion To Dismiss (Improper Change of Venue) AF Holdings/Prenda, 2:12-cv-02144 (AZ) – HARRIS

On 18 Aug 13, Mr. Harris filed a motion to dismiss Plaintiff/Prenda’s claims due to an improper change of venue.   MTD_Harris_Doc90_02144(AZ)   MTD_Harris_Doc90_1_02144(AZ)

In light of Plaintiff confessing at the OSC hearing, that the instant case is not an original case, but merely a “refiling” of the DC Case that Plaintiff alleged Defendant is one of the eleven hundred forty joined John Doe defendants. Please Note: Upon dismissing the cause of action Plaintiff alleged against the remaining John Does, assuming Defendant is one of those remaining Does lastly dropped from the case and assume Defendant is one of the Doe Defendants is exactly what you will have to do to connect Defendant with an infringer mentioned in the original filing, as a thorough review of ALL DOCUMENTS filed in the DC Case, you will not find any reference to the Defendant, it simply is not there, P E R I O D. Be advised: Defendant’s Motion is NOT challenging that this Court’s personal jurisdiction over the Defendant is improper because of venue, Defendant’s Motion challenges the deceptive and improper procedure that Plaintiff used to changed the venue, as Federal Law gives sole discretion to the Judge where the case was originally brought. Not to the Judge of the new forum and certainly not to the Plaintiff!

Mr. Harris has adjusted his wording, but his emotions are clearly evident.  I don’t know what the judge will think of his motion or the merits of it, but Goodhue/Prenda will at least have to spend some time/effort/money in filing a response to this.  🙂

1st side note: the DC case Mr. Harris was originally part of (1:11−cv−01274−RBW, District of Columbia, AF Holdings v. 1140 Does), appears to be the same case that Mr. Elliott Olivas was a part of.  Olivas Archive Docket, 3:12-cv-01401 (CT)   Here is a recent ruling in the Olivas case in which the judge refused to strike portions of Mr. Olivas’ counterclaim.   MTS_Denied_01401(CT)    It looks like the Olivas case may be the next one to get interesting.

2nd side note: If you haven’t obtained a copy of the 2 Jul 13, transcript from the AF Holdings v. Rajesh Patel (2:12-cv-00262 (GA)), motions for sanctions hearing, you are missing out.  It isn’t public yet, so I cannot release it.  If you want to obtain a copy of it, as well as video of a forthcoming Mark Lutz deposition, PLEASE DONATE to the Patel deposition fund.  Please click on the image of John Steele holding up a pole on the right side of this Web page.  Or Click hereMake sure you add a note to the PayPal payment saying if you only want the money to go towards depositions.

Previous 2:12-cv-02144 post.   Archive Docket 2:12-cv-02144(AZ)

DieTrollDie 🙂      “Some ships are designed to sinkothers require our assistance.

prat1

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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2 Responses to Motion To Dismiss (Improper Change of Venue) AF Holdings/Prenda, 2:12-cv-02144 (AZ) – HARRIS

  1. Anon. E. Mous says:

    I have to think that old John Steele never anticipated he would be getting such a fight from Mr. Harris, who they believed more than likely would just pay or be happy to be dismissed from this and go along his merry way.

    Mr. Harris is like that old junkyard watchdog who has his teeth into you and isn’t going to let you go that easy, I have to admire Mr. Harris he is giving John some sleepless nights with his fight over including him in this lawsuit.

    I certainly like the fact that Mr. Harris is letting the Judge know that Prenda tried to hood wink the court by filing this in DC and again in AZ. The Prenda gang is getting reminded every day of the mistakes they make in trying to sue people in different venues when they don’t get success in the original one.

    I am surprised old John hasn’t tried to settle with Mr. Harris as of yet, maybe John thinks that because Judge Snow didn’t come down that hard on them yet, that they do not feel a need to settle. That being said I think this is a long way from over, I think Mr. Harris senses blood in the water if you will and he is on the attack.

    • DieTrollDie says:

      I think your assessment is pretty close. I do believe Goodhue has likely made some overture to Mr. Harris to accept a walk-away deal. I think Goodhue would really like it to happen. The Prenda goons would love this, but they likely think the judge will simply dismiss the case if they don’t do anything for a while. What they would not like to see is Mr. Harris getting an attorney right now. Even if Mr. Harris could not get fees awarded to him, Prenda would have to respond to any motions filed. This costs them more money and failure to do so could get them in hot water. Hopefully Judge Snow will rule on Ticen’s motion for attorneys fees/costs soon.

      DTD 🙂

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