Tuesday, May 24, 2016

Dallas Buyers Club, Cobbler Nevada, and Malibu Media update

So there has been a lot of action in the local Dallas Buyers Club and Cobbler Nevada cases here in Seattle.  I'm getting lots of calls right now from people who just got served with formal process asking what to do.  It seems like I'm answering the same questions over and over, so what I would like to do is point you to a great post over on DieTrollDie that pretty much breaks down how these cases go and what to expect along the way.

Please, go read that post and it will probably answer tons of your questions. It's very detailed and comprehensive.  He's not a lawyer, but he is a great resource for understanding these cases.

On anther note, for those of you who follow these bittorrent cases closely, you ar probably aware of the apparent rift forming between Malibu Media and their counsel. Just below is a recent order (as in today, recent) dismissing the entire case because Malibu Media's old counsel withdrew and they didn't get new counsel in time. Expect an attorneys fees motion next.

Malibu Media Order by John Whitaker

Monday, March 14, 2016

Dallas Buyers Club & Cobbler Nevada: Sample Pro Se Answer

So the Dallas Buyers Club and Cobbler Nevada people have been filing amended complaints and naming tons of people here in Seattle. I'm getting quite a few calls from people who just don't know what they're supposed to do. Everyone has started getting so-called Rule 4 letters, which are letters requesting that the subscriber waive formal service of process. In my experience, if you get one of those letters and it's properly addressed to you, the best thing to do is sign it and return it. Lot's of people want to be difficult and refuse to agree to anything, but in this case that will back fire. If you get the letter and it's properly addressed to you, if you refuse to sign it the service process will still move forward, you'll just have to pay for it yourself. Nothing good comes from refusing to sign those waiver letters.

Next, folks want to know what they're supposed to do after they waive service. Well, you have to do exactly what that letter tells you to do: Answer the Complaint. What that means is for every numbered paragraph in the Complaint, you have to either admit it is true, deny it is true, or say that you don't have sufficient information to either admit or deny.  Resist the urge to tell your story in the Answer.  Just don't do it.  Admit. Deny. Insufficient information.  Nothing else.

Bottom line, you can pay me to put together an answer that is tailored to your case and that is carefully drafted to ensure you deny everything you should and admit everything you must. But I'm not cheap. So lots of people choose to move forward on their own. That's certainly fine by me. But I worry about people trying to defend themselves in federal litigation without any experience. So I try to give you some information to help you out. To that end, below is a sample of an answer that an individual filed in a Dallas Buyers Club case that I think is pretty good. First is the Answer, followed by the Complaint that it answers.
But don't just download this document, change the name, and file it yourself. You need to understand it. Take a look at how each numbered paragraph of the Answer is actually a response to the similarly-numbered paragraph of the Complaint. That's what yours should look like.  Read each paragraph of your Complaint, then add a corresponding paragraph in your Answer.  Your response should be short and direct, like these.

If this is not something you feel comfortable handling yourself -- and as someone who handles these all the time, I can understand why you would not -- then you need to get some help.  Don't just wade in to federal litigation blind the way that Mr. Lessere did.

Good luck.


Wednesday, March 9, 2016

Cobbler Nevada: Meet the Lucky Contestants

As with the Dallas Buyers Club cases, the Cobbler Nevada folks have begun naming people in several amended complaints that have been filed recently. Below are the names I have so far. Are you on the list?

Case No. 2:15-cv-01435-TSZ
  • Azucena Rivera
  • Jesse Rosenfield
  • Alva Godfrey
  • Russell Jenkins
  • Kayla Norberg
  • Mariya Mudryak
  • Shannon Torgerson

  • Jorge Herrera
  • Bernice Cain
  • Don Vanderhule
  • Kristin Comstock
  • Betty Damos
  • Paul Snow
  • Jackie Elhard
Case No. 2:15-cv-01614-TSZ
  • Andy Chapman
  • Chuck Warren
  • Katelyn J. Martin
  • Laura Klein

  • Tien Tran
  • Rick Perkins
  • David Norwood
  • Sabrina Britt
Case No. 2:15-cv-01408-TSZ
  • Kamaljit Lidder
  • Cassandra Wallace
  • Daniel Rueda

  • Emily Crowe-Goldberg
  • Sandra L. Groves
  • Eric Furgeson
Case No. 2:15-cv-01616-TSZ
  • James Hamilton
  • Jeff Lockey
  • Samantha Duffy
  • Michael Wilson
  • Deena Krona
  • Doreen Walior
  • Scott Egbert
  • Jose F. Cruz
  • Bradley Nugent
  • Vitaliy Kravchenko
  • William Skibitzke

  • Chris Pinero
  • Max Mamotyuk
  • Kathryn Stapleton
  • Derek Agee
  • Yelena Michenko
  • Thomas Morrison
  • Gary Truman
  • Jeffery Kelson
  • Dana Gibson
  • Imee Hamilton
Case No. 2:15-cv-01406-TSZ
  • Tapeh Godo
  • Edward Straw
  • Richard Saya
  • Philip Lambert

  • Raymundo Caballero
  • Phillip Lewis
  • Jane Kim
Case No. 2:15-cv-01404-TSZ
  • David McReynolds
  • Monyrin Oun
  • Eric Hazen

  • Richard Rikard
  • Pedro Alonzo
Case No. 2:15-cv-01420-TSZ
  • Jennifer Tu
  • Penny Galen
  • Bern Synder-Dillenbeck
  • Kang Hang
  • Kevin Frazier-Oswalt
  • John Kehrli

  • Rita Camorlinga
  • Andrew Moberg
  • Scott Amundsen
  • Steven White
  • Pamela Nix
  • Swetha Kamman
Case No. 2:15-cv-01443-TSZ
  • Derek Currie
  • Jackie Durao
  • Joe Eddie
  • Elissa Eddie
  • Elizabeth Dowling
  • Michael Thomas

  • Jason Shim
  • Sarah Christmann
  • Maricris Mayor
  • David Currey
  • Veronica Suarez
  • Chris Carlucci

Understand that this list may not be complete and this page is not an official court record. You need to verify your status and should not rely on this list being complete. I am doing this only as a service to those affected.

Friday, March 4, 2016

Dallas Buyers Club: Meet the Lucky Contestants

So Judge Jones earlier ordered the Dallas Buyers Club people to move these cases forward.  Today they apparently started doing that by filing a few amended complaints naming quite a few people.  I don't have much time right now, but here is a list of the lucky people:

Case No. 14-cv-01926RAJ
  • Peter Pham
  • Sophanna Pheap
  • Michele Cheung
  • Gerald Hefley
  • Taylor Merisko 
  • Andy Bui
Case No. 14-cv-01684RAJ
  • Mike Curtis
  • Allegra Rege
Case No. 15-cv-00133RAJ
  • Ying-Bin Zhao
  • Bethany Iocca
  • Mike Jovanovich
Case No. 15-cv-00576RAJ
  • Taylor Bland
  • Gene Yiu
  • Anthony Florio
  • Teal Williams
  • Susan Rath
  • Brooke D. Weller
  • Gerry Amburgey
  • Ravina Singh
  • Anna Lipman
  • Sadie Kennedy
Case No. 15-cv-00582RAJ
  • David Muckala
  • Nicholas Peltchie
  • Robert Rodi
  • Sharon L. Stenzinger
  • Jacob Stickley
  • Amy Rayl
  • Yuhon Wong
  • Patrick Armstrong
  • Mihn Nguyen
  • Katherine Debacker
  • Mike Miles
Case No. 15-cv-00581RAJ
  • Laurie Trout
  • Vu Nguyen
Case No. 15-cv-00579RAJ
  • Ji Lee
  • Cory Hanger
  • Brian James
  • Michael Mastin
  • Stuart Hirshhorn
If you are on the list, now is the time you need to start thinking about how to deal with this case.  Ignoring it is no longer the right answer.

A couple of the amended complaints are below.

Saturday, February 13, 2016

Justice Scalia Found Dead In Room In Texas

It's a sad day for jurisprudence.  U.S. Supreme Court Justice Antonin Scalia was found dead this morning in his room at a Texas resort.  No foul play is suspected, and it appears he died of natural causes.

Justice Scalia was definitely known as having a strong voice for his opinions.  Not everyone liked those opinions, but you have to respect his commitment to them.  No one ever wondered where Scalia stood on an issue. 

I for one will miss his wit.

Thursday, February 11, 2016

Dallas Buyers Club: Court Orders Case to Move Forward

Lots has happened here in Seattle in the Dallas Buyers Club cases.  So here's the latest.  Judge Jones just handed down an omnibus order disposing of a ton of co-pending motions in the several DBC cases here.  Honestly, I couldn't even tell you what all the motions are, but there were many.  They included motions for contempt against people who did not appear for their "subscriber depositions"; motions for alternative service against people who DBC had yet not served; motions for more time to take more depositions; motions to reconsider the denial of subpoena power; motions to continue cases with "Doe" defendants.  I'm sure I missed some.  Bottom line: Lots of motions.

The order demonstrates that Judge Jones' patience is at its end.  He basically walked through the development of the cases and expressed some real concern that they just aren't progressing like one would expect from legitimate litigation.

The order is pasted below.  It is definitely worth a read.  Bottom line: DBC needs to either fish or cut bait.

Who knows what DBC will do.