41 comments on “West Coast Productions, Inc. v. Does 1-5,829 Update, Judge COLLEEN KOLLAR-KOTELLY Responds to Trolls Response to John Does motions to quash. Denies the motions to quash stating its the ISP’S job and no one can proceed anonymously. ISP’S Screwed It’s Customers.

  1. The judge is really just being lazy. She was getting tired of having to look at all that paper work so she decided to just deny everything so she wouldn’t have to do anything. Her ruling basically says that it is impossible for defendants to even use the federally proscribed procedure. I guess the next thing for people to do is to demand that he ISP defend them.

  2. Whos calling the shots?

    Boothsweet News Post

    Documents filed on June 13 in Shirokov v. DGW, et al, 1:10-cv-12043 (D. Mass.), indicate that Guardaley, Ltd. either calls the shots, or at the very least plays a very active role in the USCG. USCG is its partnership with Dunlap, Grubb & Weaver, a VA law firm. Guardaley, Ltd. is the tech company that identifies alleged infringers in USCG lawsuits. The information provided by Guardaley serves as the basis for DGW’s complaints and subsequent subpoena powers.

    In an email dated December 10, 2008, long before the emergence of USCG, Guardaley is shown soliciting the law firm of BaumgartenBrandt in the development of a similar copyright business model. In pertainent part, Guardaley refers to the proposed relationship as one “between Guardaley as the data provider and the law offices as acting partner.”

    More importantly, the documents indicate Guardaley, if it hadn’t known before, was on notice as early as November 18, 2009 (before the first USCG suit was ever filed) that there were serious questions as to the reliability of its technology/methodology, including identifying people who neither uploaded or downloaded any files.

    • Thanks to the anon above. I have stated in other places that it is easy to just generate real IP addresses without even looking at a torrent. I would not be surprised if that is all Gaurdaley does. I wrote code to do this (Granted without location constraints or automated whois look up.) in about five minutes before class, and I am not by any means a networking expert or an elite programmer.

  3. I’m being targeted with this case as well. I’m really not to sure what I need to do. I really dont know if I can afford a lawyer and I really want this to be taken care of. Am I just suppose to wait and and see what happens or can I contact my isp or what?

    • Have you read the other posts on this? Click the West Coast Productions tag or browse through all our posts. We have pages about this on the right you should read too.

  4. Oh yes I have read this site front to back but I’m still a little bit confused here. With this most recent update about denying the motions to squash. Basically I’d be wasting my time now if I tried to do that? Whats the next step they will take? If my ISP provides the information to the company then what will happen? Am I going to have to go to court are they going to settle will this be thrown out who knows? Just wanting to know if I’m just suppose to wait around for updates or take action?

    • If you are still pending that is a plus. Even if they get your information it would take forever to individually sure you. Also, they could not really prove that YOU did it and that you used the computer etc. You have to prove crimes not just say THEY DID IT! If they send you a letter bring it to court as evidence as that is extortion. Do not be too worried is all we mean too say. Even if your ISP already gave them your information. Everyone is not liking the way they are using the legal system. ACS Law died because of this stuff in another country we believe.

  5. Oh good news! I appreciate that Anonofliberty. The mass subpoena notification I received said that cox communications will comply with this subpoena on 6/29/2011 unless we receive legal documents that delay or terminate the process on or before 6/28/2011. I know the deadline is 6/30/2011 to get names and sue. I’m just really worried that its going to be sent right before the cut off time and there get to me just in time?

    • No way, it costs $350 to just submit the court documents. Weeks for a judge to get to it and make decisions. Years to get every single person into a court room and sue them. They are only maybe 15+ lawyers. They cannot get everyone it would take FOREVER and $99999999. That is why they send out settlement letters. To scare people in to paying without lifting a finger haha. Also ISP’s get a lot of these requests and some cannot do it or it takes time.

  6. There was a major decision today by the supreme court regarding the class action suit against Wal Mart. From my understanding, The supreme court made it more difficult to file class action suits and put together a class. Those trolls filing class actions suits will have harder time to justify it in light of this new ruling.

    • That is in the opposite direction from these cases. I.E. many plaintiffs vs. a few defendants. These troll lawsuits are the opposite. Though the underlying reasoning may be applicable here.

  7. I have sent the materials from my ISP to my lawyer.
    My ISP is COX with the same dates as the previous poster.
    I’m in CT. I’ll keep everyone here posted but any help from others is also appreciated.

  8. Talked to lawyer today. in CT. He said deal with them if they ever came to CT but seemed mildly amused at the scheme and refused to even charge me for the consultation. He seemed to think that if serious action were the intent they would send a forensics person to prove you had the file. That file is not on any of the 5 computers at my house so……no too worried. Felt better to hear it from a lawyer though.

    • So finally you did not hear anything from them after just keep ignoring. Can you tell us your end of story. Thanks

  9. Have they granted the extension again? I thought the judge already gave them until like June 30th or something? Now there wanting another one? My mass subpoena letter says that until by June 28th they recieve documents to delay they would release the information on 6/29 and I thought they had until 6/30 to serve me? Am I wrong here? If not that 24 hr people wouldn’t be enough time to serve me?

  10. I’m involved in this as well and my ISP is Cox. Waiting to see what happens today. My IP isn’t int the latest wave of dismissals. My current IP is different than the one on the subpoena letter they sent. Does that help me out in any way?

  11. A person claiming he was from the Mia Corp called my job today wanting confirmation on employment. I think he wanted an address to serve me.

  12. but what exactly does serve mean? does that mean the mass subpoena notfication letter i got in the mail? or does that mean them coming to my home and serving me or something like that? I need to know if I got served or not?

  13. ORDER. This action is DISMISSED WITHOUT PREJUDICE with respect to the John Doe Defendants identified in the Appendix attached to this Order. By July 15, 2011, Plaintiff shall file a Status Report that indicates: (a) which of the John Doe Defendants have been dismissed; (b) which of the John Doe Defendants have been identified as of July 1, 2011; (c) which John Doe Defendants remain the subjects of pending subpoenas; and (d) which John Doe Defendants cannot be named due to lack of available information from an ISP. By July 29, 2011, Plaintiff shall cause process to be served on all John Doe Defendants who have been identified by Plaintiff as of July 1, 2011 or who cannot be named due to lack of available information from an ISP, or risk mandatory dismissal with respect to those defendants pursuant to Rule 4(m). Plaintiff shall file proof of service as to these defendants by no later than August 3, 2011. Plaintiff’s 129 Motion for Extension of Time to Name and Serve Defendants is GRANTED. The deadline to serve all other defendants shall be extended to August 15, 2011. Signed by Judge Colleen Kollar-Kotelly on July 11, 2011. (lcckk1) (Entered: 07/11/2011)

  14. I read somewhere that the reason this judge keeps agreeing is that she got a kickback for almost half a million dollars a few years back to handle the RIAA cases. She is more worried about the fact that she will look indecisive than to issue real justice even though she might know that while most judge around the country already figured out about these are all about quick cash schemes. So I believe that she is too bias to be on any of these cases. Someone should try to have her remove on that basis.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s