Where in the World is Darren M. Griffin? – Elf-Man v. Lamberson Case # 2:13-cv-00395 (WA)

26 Aug 14 Update

As of noon today, there has been ZERO response by Troll/Plaintiff concerning the claims by attorney Lynch that Darren M. Griffin and the Crystal Bay Corporation (CBC) are simply shams in a BitTorrent Copyright Trolling operation designed to milk settlements (thousands of dollars a piece) from ISP subscribers accused of downloading/sharing a GARBAGE movie (my opinion).

So what does this TOTAL lack of response indicate???  To me it indicates that Troll/Plaintiff has nothing to say or provide to the court that wouldn’t be laughed at OR dig a hole even deeper for them.  They already know they have lost this case; it is just a matter of how much the court awards defendant Lamberson.  The Troll doesn’t want to pay out any of their ill-gotten gains, but it is better than being given a Prenda Law-Like order to explain their operation in detail and show why they should not be stomped on by the court.  Judge Rice is a former prosecutor, so we hope the slimy Troll/Plaintiff antics pushed his buttons in just the right way.  Anything that comes from this court that slams or even questions the validity of CBC will be used by Doe Defender in the various Dallas Buyers Club cases that are in multiple jurisdictions.  If that happens, I expect to see a rush to dismiss cases.  Til then we laugh at Mike Meiers for being such a turd (another one of my opinions).

DTD 🙂

———————————————

Attorney Lynch has filed his reply to the Troll/Plaintiff response to his motions for fees/costs and sanctions.  The documents are at the bottom of this article.   I will not go into great detail as it would be very long, but attorney Lynch points out very clearly that fees and cost associated with this case are warranted and in no way excessive.  Troll/Plaintiff was given multiple chances to shut this down and simply pay Defendant Lamberson’s fees/costs. It appears that Troll VanderMay really screwed up and didn’t follow the Anti-Piracy Management Company (APMC) Seven-step process for running these cases. Her grandiose mistake was naming people and serving them.

One “mistake” Ms. VanderMay made under the seven-step playbook was in filing a First Amended Complaint, naming defendants, and serving them – Step Six above. None of the other Elf-Man counsel did that. Indeed, each of the 14 other Elf-Man cases filed by counsel other than Ms. VanderMay follows the smooth seven-step pattern outlined above: (i) file, (ii) favor, (iii) serve, (iv) wait, (v) favor, (vi) repeat, (vii) withdraw.  {Doc #95, page 24}

Attorney Lynch makes a great case for sanctions based on recklessness, bad faith, and multiplying the matter needlessly. The more I read these documents, the more I have flashbacks of Prenda Law.

One area attorney Lynch covers in great detail is the fact that “Darren M. Griffin,” Crystal Bay Corporation (CBC), does not appear to be a real person.  Document #94 explains this in detail.  Attorney Lynch tells the court that even in all their responses, only Troll VanderMay bothers to briefly mention Darren Griffin.  All the others players are completely silent of this matter – the silence is telling.

No one from Elf-Man LLC vouches for Mr. Griffin. No one from Crystal Bay Corporation vouches for him. No one from Vision Films (who also used Mr. Griffin on its Elf-Man declarations) vouches for him. No one from APMC, IPP, Excipio or GuardaLey vouches for him.

Ms. VanderMay does not vouch for Mr. Griffin. She claims at page 10 of her Declaration, ECF No. 84, that “To this day I have no information which would suggest that anyone by this name played any role in the subject investigation.” Mr. Lamberson was accused of being “observed infringing” at 04:39:20PM on December 2, 2012. “Darren M. Griffin” submitted a declaration to the Eastern District of Tennessee, that he was responsible for observing Doe # 40 infringing Elf-Man at 04:19:53PM on December 2, 2012. “Darren M. Griffin” submitted a declaration to the District of Colorado, that he was responsible for observing Doe # 82 infringing Elf-Man at 5:07:08PM on December 2, 2012. How could he not be the witness to the “observation” of Mr. Lamberson’s accused infringement, when it comes directly between two of his other observations within the same hour? Ms. VanderMay’s ignorance of this point is an example of multiplication – if she had only inquired in October 2013, and told us all the truth, the case would not have gone forward.   {Doc #94, pages 6-7}

Griffin_GhostHe also points out that Mr. Griffin provided declarations for early discovery in 195 cases during the period of June 2012 – November 2013.    Doc_95-4_GriffinCases_ExhibitD_00395(WA)   Many of the Plaintiff are TCYK, Lynn Peak Productions, Power of Few, BKGTH Productions, Killer Joe Nevada, The Thompsons, etc.  If it is shown that Mr. Griffin is a “Ghost,” that means there is multiple violation of Title 18 § 1001, False Statements (Criminal charge) – AND that is just a start of the possible criminal charges – mail/wire fraud, etc.  This screams US Attorney interest.

So What Does All This Mean?

Well based on fact that we have multiple cases (i.e. Dallas Buyers Club) open that are still using Crystal Bay Corporation (CBC) declarations, via German Daniel Macek, this has the potential to explode on the Trolls.  This may also affect Malibu Media cases, as the BitTorrent monitoring company and related personnel used to support Malibu Media appear to be the same, just using different names.

I expect the Trolls (and their bosses) to be watching what the judge does here.  If he decides to demand further information on Darren Griffin, or even have him appear in court, I expect a mass exodus to kill any cases related to CBC.  More to come on this; now we wait on the court.

I leave you with this funny bit from attorney Lynch.

We do not request over 50 hours of legal intern and staff time in legal research and the continued investigation into the existence of Elf-Man LLC declarant “Darren M. Griffin,” including the many activities necessary to prove that a fictitious person is fictitious when the fictitious person fails to claim whether or not he is fictitious, even after being directly accused of being fictitious.  {Doc #92, page 8}

DieTrollDie 🙂   “May thy knife chip and shatter.”  {Fremen taunt, Dune}

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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4 Responses to Where in the World is Darren M. Griffin? – Elf-Man v. Lamberson Case # 2:13-cv-00395 (WA)

  1. Pingback: The first appeal is filed in a Malibu Media case | Fight Copyright Trolls

  2. that anonymous coward says:

    I look back on the old days so fondly…when everyone just wanted to think we were crazed pirate loving scum making up any excuse to steal…and then they saw we were telling the truth.

    Methinks the lawyers doth protest to much, would not legal extortion by any other name (settlement) smell like shit? Tis nobler to suffer the slings and arrows of outrageous declarations, than to abandon a cause so just, so true. They collected their pounds of flesh, and now it is high time we give them their due. Cry havoc let slip the Doe Defenders, we did not start this battle but we will win this war. Let them fret their hour before the bar, let them come crashing down like a falling star. If these images hath thou offended, bring the full punishment of the law and all will be mended. Make that which was torn asunder whole, and bury these foul villains in a hole. The Bard I am clearly not, but joining me laughing at this plot. We saw the truth with eyes so clear, now punish these fools before they disappear. Your wheels they turn, much to slow… they continue to sow horror on people held low… come reap the whirlwind, there isn’t much time… perhaps some locals should cover their asses that are on the line. Drop the dime, and lay bare the plot… save what tiny sliver of a soul you’ve still got.

    We are Legion. We do not forgive. We do not forget.
    You should have expected us to win.

    (When you finally hit that point of TRYING to write something they will file in a panic in a motion, you know the games over… someone go shove that fat chick infront of the mic already.)

  3. Rumplestein says:

    In reading the motions in opposition for attorney fees by Crowe and Vandermay, they struck as illogical and silly. They accuse Lynch of running up his hourly billing by going on wild goose chase because he knew plaintiff would be paying the fees. Well of course Lynch didn’t know how the case would end in the beginning and why would he spend any more time than necessary when he was working at an hourly rate close to half of his normal billable rate?

    My hat comes off for Lynch doing a thorough investigation and following the evidence trail where ever it lead. He shows a great deal of professionalism in not doing the minimum due to the low hourly rate, rather doing his best to defend his client.

    Judge Rice should call in all the parties for a hearing, including the hiding German investigators, to get to the bottom of so many unanswered legitimate questions, in order to determine if the matter should be referred to the Department of Justice and Attorney General’s Office.

    Both Crowe and Vandermay certainly are a piece of work. Displaying in my opinion, a total lack of ethics and professionalism.

    Mr. Uebersax might try to make decent movies to turn a profit instead of suing Americans for his flops. I’ll make a note of this directors’ name to be sure I never waste money watching anything he makes. These copyright lawsuits seem to be leading to the making of more and more worthless productions, similar to the lame teen porn that Malibu Media produces.

    One would think Crowe and Vandermay who make over $400 hourly should be competent enough to answer the simple question of where is Darren M Griffin? If Lynch was on a wild goose chase, it was caused by Vandermay’s stonewalling legitimate and necessary discovery.

    • DieTrollDie says:

      Crowe and VanderMay have no idea where or who is the Darren M. Griffin. They receive their documents from Plaintiff’s “representative” and likely accessed the provided document via the APMC internal network. I still don’t believe VanderMay’s claim that there was nothing unusual or suspicious with her withdrawal from the case. My belief is there is no real Darren M. Griffin, at least one who signed the documents. The documents were likely signed by various people when they were needed. Darren M. Griffin was made-up/developed to try and shield the German players that we already knew about. It was the same reason why some idiot tried to establish the Crystal Bay Corporation (CBC) from a SD Shelf-Company. They are still using CBC, but have switched to “Daniel Macek” signing the same cookie-cutter template declarations – Mr. Macek is tied back to APMC via their presentation. Attorney Lynch also points out that in that presentation that they hope the judge doesn’t look too closely to the qualifications of the people making the declarations. Funny, I didn’t think a “Ghost” had qualifications.

      DTD 🙂

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