“In the eyes of Judge Facciola” as he gazes at Indiana’s copyright troll cases.

I read Judge Facciola’s rulings all day long. It appears to me that in his eyes, internet users are copyright infringers. The internet is a place of crime and deceit. And, copyright holders – even when they are pornography production companies – deserve to shake down and harm internet users who prey on their copyrighted materials.

He has been happy for months that people are being extorted, but now he is no longer happy because people are fighting back. No doubt he has “seen the light” shining forth from the Indiana Southern District Court, and he wants to prove that the internet users are guilty and that they deserve to be punished.

With all this narrative, I am painting a prophetic picture of what I expect the Malibu Media, LLC v. John Does 1-7 (Case No. 1:12-cv-01119 [12-1119 (EGS/JMF)]) DC case to look like. It is a grim picture, but here it goes.

EVERY DEFENDANT WILL BE NAMED IN THE CASE.

Watch these Indiana dockets and you’ll understand what I expect that the DC case will look like…

Malibu Media, LLC v. John Does 1-29 (INSD; Case No. 1:12-cv-00845)

10/15/2012 46 Summons Issued as to DERICK BROOKS, DAN COROIAN, JEREMY COTTON, KEVIN DEMPSEY, CONNIE FELONGCO, NEVILLE FERNANDES, JAY GARRETT, JIM GENDRON, CLARISSA HENDERSHOT, ANDREW LEIGHTNER, SIWEI LI, CHRIS MINOR, DANIEL PITTMAN, K.P., KENNETH REESE, JERRY RICHEY, CARL RUDY, LUCIAN SAVULESCU, LUCAS SHULTZ, TERESA STEPHENSON. (JD) (Entered: 10/15/2012)
10/11/2012 45 Proposed Summons submitted for issuance by the clerk as to TERESA STEPHENSON. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 44 Proposed Summons submitted for issuance by the clerk as to SIWEI LI. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 43 Proposed Summons submitted for issuance by the clerk as to NEVILLE FERNANDES. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 42 Proposed Summons submitted for issuance by the clerk as to LUCIAN SAVULESCU. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 41 Proposed Summons submitted for issuance by the clerk as to LUCAS SHULTZ. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 40 Proposed Summons submitted for issuance by the clerk as to K.P. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 39 Proposed Summons submitted for issuance by the clerk as to KEVIN DEMPSEY. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 38 Proposed Summons submitted for issuance by the clerk as to KENNETH REESE. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 37 Proposed Summons submitted for issuance by the clerk as to JIM GENDRON. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 36 Proposed Summons submitted for issuance by the clerk as to JERRY RICHEY. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 35 Proposed Summons submitted for issuance by the clerk as to JEREMY COTTON. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 34 Proposed Summons submitted for issuance by the clerk as to JAY GARRETT. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 33 Proposed Summons submitted for issuance by the clerk as to DERICK BROOKS. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 32 Proposed Summons submitted for issuance by the clerk as to DANIEL PITTMAN. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 31 Proposed Summons submitted for issuance by the clerk as to DAN COROIAN. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 30 Proposed Summons submitted for issuance by the clerk as to CONNIE FELONGCO. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 29 Proposed Summons submitted for issuance by the clerk as to CLARISSA HENDERSHOT. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 28 Proposed Summons submitted for issuance by the clerk as to CHRIS MINOR. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 27 Proposed Summons submitted for issuance by the clerk as to CARL RUDY. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 26 Proposed Summons submitted for issuance by the clerk as to ANDREW LEIGHTNER. (Nicoletti, Paul) (Entered: 10/11/2012)
9/27/2012 25 AMENDED COMPLAINT against DERICK BROOKS, DAN COROIAN, JEREMY COTTON, KEVIN DEMPSEY, JOHN DOE #14, JOHN DOE #16, JOHN DOE #17, JOHN DOE #20, JOHN DOE #23, JOHN DOE #24, JOHN DOE #29, CONNIE FELONGCO, NEVILLE FERNANDES, JAY GARRETT, JIM GENDRON, CLARISSA HENDERSHOT, ANDREW LEIGHTNER, SIWEI LI, CHRIS MINOR, DANIEL PITTMAN, K.P., KENNETH REESE, JERRY RICHEY, CARL RUDY, LUCIAN SAVULESCU, LUCAS SHULTZ, TERESA STEPHENSON, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A – IP Address List, # 2 Exhibit B – Copyright Website Screen Shot, # 3 Exhibit C – BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 09/27/2012)

Malibu Media, LLC v. John Does 1-7 (INSD; 1:12-cv-00842)

10/15/2012 24 Summons Issued as to JAMES HELFERICH, JEREMIAH MCKINNEY, STEPHEN MCSWEENEY, ERNEST NURULLAEVA, CHARLIE TOLLEY. (JD) (Entered: 10/15/2012)
10/11/2012 23 Proposed Summons submitted for issuance by the clerk as to STEPHEN MCSWEENEY. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 22 Proposed Summons submitted for issuance by the clerk as to JEREMIAH MCKINNEY. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 21 Proposed Summons submitted for issuance by the clerk as to JAMES HELFERICH. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 20 Proposed Summons submitted for issuance by the clerk as to ERNEST NURULLAEVA. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 19 Proposed Summons submitted for issuance by the clerk as to CHARLIE TOLLEY. (Nicoletti, Paul) (Entered: 10/11/2012)
10/3/2012 18 AMENDED COMPLAINT against JOHN DOES 1-7, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A – IP Address List, # 2 Exhibit B – Copyright Website Screen Shots, # 3 Exhibit C – Title List, # 4 Exhibit D – BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 10/03/2012)

Malibu Media, LLC v. John Does 1-23 (INSD; Case No. 1:12-cv-00841)

10/12/2012 38 Summons Issued as to GIANCARLO DI MIZIO JR, KRISTINE EIKENBERG, CAMERON GAFF, R.M., SEAN MANGYIK, ANDREW MCCOY, TOBY REEVES, HAOJIE WANG, DANIEL WATT. (CKM) (Entered: 10/12/2012)
10/11/2012 37 Proposed Summons submitted for issuance by the clerk as to TOBY REEVES. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 36 Proposed Summons submitted for issuance by the clerk as to SEAN MANGYIK. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 35 Proposed Summons submitted for issuance by the clerk as to R.M. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 34 Proposed Summons submitted for issuance by the clerk as to KRISTINE EIKENBERG. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 33 Proposed Summons submitted for issuance by the clerk as to HAOJIE WANG. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 32 Proposed Summons submitted for issuance by the clerk as to GIANCARLO DI MIZIO JR. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 31 Proposed Summons submitted for issuance by the clerk as to DANIEL WATT. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 30 Proposed Summons submitted for issuance by the clerk as to CAMERON GAFF. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 29 Proposed Summons submitted for issuance by the clerk as to ANDREW MCCOY. (Nicoletti, Paul) (Entered: 10/11/2012)
9/27/2012 28 SECOND AMENDED COMPLAINT against JOHN DOES 1-23, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A – IP Address List, # 2 Exhibit B – Copyright Website Screen Shots, # 3 Exhibit C – Title List, # 4 Exhibit D – BitTorrent Vocabulary)(Nicoletti, Paul) Modified on 10/10/2012 (PGS). (Entered: 09/27/2012)

Malibu Media, LLC v. John Does 1-8 (INSD; Case No. 1:12-cv-00840)

10/18/2012 30 Summons Issued as to RYAN OURS. (PG) (Entered: 10/18/2012)
10/18/2012 29 Summons Issued as to PAUL ALLOR. (PG) (Entered: 10/18/2012)
10/18/2012 28 Summons Issued as to JAMES DUMAS. (PG) (Entered: 10/18/2012)
10/18/2012 27 Summons Issued as to HECTOR HERNANDEZ. (PG) (Entered: 10/18/2012)
10/18/2012 26 Summons Issued as to BRIAN LACEY. (PG) (Entered: 10/18/2012)
10/17/2012 25 ORDER granting Pltf’s 24 Motion for Extension of Time to effectuate service on Defts to 11/15/2012. Signed by Magistrate Judge Mark J. Dinsmore on 10/17/2012. (SWM) (Entered: 10/18/2012)
10/16/2012 24 First MOTION for Extension of Time to to Effectuate Service on Defendants , filed by Plaintiff MALIBU MEDIA, LLC. (Attachments: # 1 Text of Proposed Order)(Nicoletti, Paul) (Entered: 10/16/2012)
10/11/2012 22 Proposed Summons submitted for issuance by the clerk as to RYAN OURS. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 21 Proposed Summons submitted for issuance by the clerk as to PAUL ALLOR. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 20 Proposed Summons submitted for issuance by the clerk as to JAMES DUMAS. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 19 Proposed Summons submitted for issuance by the clerk as to HECTOR HERNANDEZ. (Nicoletti, Paul) (Entered: 10/11/2012)
10/11/2012 18 Proposed Summons submitted for issuance by the clerk as to BRIAN LACEY. (Nicoletti, Paul) (Entered: 10/11/2012)
9/26/2012 14 AMENDED COMPLAINT against JOHN DOES 1-8, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A – I.P Address List, # 2 Exhibit B – Copyright Website Screen Shot, # 3 Exhibit C – BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 09/26/2012)

And a younger case… Can you guess what will happen next?

Malibu Media LLC v. John Does 1-9 (INSD; Case No. 1:12-cv-01115)

10/18/2012 23 AMENDED COMPLAINT against KEVIN ETTER, NICHOLAS SHELTON, AARON REYES, HO YEUNG, DAVID WYATT, LEAH JUSTICE, filed by MALIBU MEDIA, LLC. (Attachments: # 1 Exhibit A – IP Address List, # 2 Exhibit B – Copyright Website Screen Shots, # 3 Exhibit C – Title List, # 4 Exhibit D – BitTorrent Vocabulary)(Nicoletti, Paul) (Entered: 10/18/2012)

This is obviously no doubt upsetting for the named defendants, but it has been explained to me that the logic of the Indiana courts is that they do not want to allow Paul Nicoletti to run the typical copyright troll extortion scheme of “unless you settle with us, we will name you in the lawsuit.” Rather, the court has asked the plaintiffs to name the defendants outright so that they could properly defend themselves rather than playing the “motion to quash” game that happens in all the other courts.

I also want to point out that now the burden is on Malibu Media, LLC and Paul Nicoletti to make DAMN SURE that the defendants they sue actually did the downloading.

I must note that this is not the case with Judge Facciola in DC. It has been explained to me that he is hell bent on punishing defendants rather than stopping the extortion scheme that has been going on there unhindered for over two years now.

On a personal note, this is obviously not the scenario I would like to see happen, but I do think the DC case will end up looking exactly like these Indiana cases. Thus, I wanted defendants to be prepared for this because as soon as you are named and served, you have a certain number of days to respond and file your answer. There are obviously some maneuvers we can do to stop the clock, but you’ll be under the gun on this one so be prepared to act as soon as you’re served. It looks like this is going to happen.

15 thoughts on ““In the eyes of Judge Facciola” as he gazes at Indiana’s copyright troll cases.”

  1. The only thing I (and everyone else here) would like to see is defendants filing counterclaims with their answers. THAT will burden plaintiff and jeopardize his MO. And sure they have a LOT of ammo to fight. Don’t need to dig deep — MM copyright registration fraud and a sloppy attempt to fix it, for instance.

    Nicoletti is a seasoned crook, but he is reckless too, and this is something that should be taken advantage of. His brazen attempt to fix a judge’s “NO” appealing to the higher court has failed spectacularly.

    Lipscomb is also running out of his arrogant stamina. Hope you saw my yesterday’s post: his lies are beyond unexpected, as one commenter nicely put it.

    As for Facciola’s “principle,” I saw a phrase recently, can’t find the source, but it is hilarious:

    Guilty unless proven extorted.

      1. As always, I’m totally okay with the links. You say things in your blog that I simply cannot say because I have my clients’ interests to protect. I find the articles you write to be refreshing because it’s nice to see people calling these cases for what they are.

    1. The single individual identified in the 1-565 case is also an interested party in 1-1495, also before Facciola.

      Aside: Has HDP been filing any new cases? I get the impression they have backed off after getting burned in California.

      1. What’s even more bizarre is that the IP address of the defendant resolves to Miami. 76.18.38.184. Steele pushing limits?

      2. Yep, and the “Venue” chapter is missing from the proposed amended complaint. I’m not a lawyer, and I don’t know local rules, yet I believe I saw this chapter in most, in not all, complaints.

      3. @SJD I don’t think Prenda is pushing the limits by naming a FL defendant in a DC case — I simply think it was a sloppy mistake. I would be FLOORED if Facciola said that DC had jurisdiction over ANY PERSON IN THE COUNTRY for bittorrent lawsuits. Then again, maybe ITH (below) is correct — “…one day, all Troll cases will cease across the country and only come from DC.” That would be corruption of law at its highest order.

        PS – Nothing wrong with not pleading venue in the complaint. It is good practice to do so, but nothing wrong if plaintiff doesn’t do it.

  2. DC seems to be a very bad place. Across the country, judges see what the real deal is. Facciola and B. Howell, being in DC, refuse to acknowledge what is really happening. Instead, they would rather see people suffer and allow these Trolls to inflict emotional distress. It is very sad to know that there are BIAS judges in the judiciary system. It is very clear that they have no heart or conscience whatsoever. I don’t think their beliefs will ever change. No matter if the trolling ceases throughout the country one day. They will probably continue to let the process go on. In my heart, I feel that one day, all Troll cases will cease across the country and only come from DC. Nobody would be safe then.

  3. Malibu Media came back last week filing an objection to Facciola’s ruling of no settlement discussion. Thoughts on results of that??

  4. I’m not a lawyer so I could be wrong, but didn’t Facciola rule clearly that defendants who are not DC residents (or have ties to DC) can not be tried in a DC court? And how many of the 565 in Openmind vs 565, for example, actually live in DC? He would either have to go against his own ruling and allows defendants from neighboring states (MD,VA,NJ) where most of the defendants probably are, or he would have to dismiss most of the cases. Or am I missing something?

  5. I love reading these posts, they are are so enlightening. I am TRYing to write my own motion to quash, but having alot of trouble. Don’t know what to write to make it sound legal.

    1. Careful there, Ellen. There may be more issues with drafting a motion to quash than you think. I’d by happy to have my assistant explain the issues to you without charge.

      P.S. – Removing your e-mail address from your post for your own privacy.

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