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Archive for February, 2012

*I AM POSTING THIS ENTRY UNEDITED BECAUSE OF THE IMPORTANCE OF ITS CONTENT. I WILL EDIT, ADD LINKS, AND WILL CLEAN UP LATER*

If you were a plaintiff attorney suing thousands of defendants, what would you do if the judge figured out that you were not allowed to practice law?

Terik Hashmi, owner of the Transnational Law Group, LLC just received a note from U.S. District Judge Robert Hinkle essentially freezing each and every one of his 28 cases filed against John Doe Defendants, at first glance because he was not licensed to practice law in the state where he lives.

In short, in order for an attorney to gain admission to practice as an attorney in a federal court, the court requires that you be licensed to practice law and be in good standing in the state in which you are licensed. Without delving too deeply into this, on Terik Hashmi’s letterhead, it says, “PRACTICE LIMITED TO FEDERAL COPYRIGHT PROTECTION AND ENFORCEMENT LAW,” which essentially says, “I’m not licensed in this state and this state’s bar, but I’m not practicing any state law,” which is usually a way out of being charged with the unauthorized practice of law (“UPL”), or practicing law without a license.

Looking a bit deeper, when Terik signs his name, he signs it as “Terik Hashmi, JD, LLM (OH, FL/ND)” suggesting that he is licensed in the State of Ohio and in the U.S. District Court for the Northern District of Florida (the court that issued this ruling).

Taking a look at the Ohio Bar’s website he appears to be licensed as an attorney and in good standing. Apparently he was sanctioned three (3) times during the years 2000-2001, 2002-2003, and 2004-2005 for failing to comply with the continuing legal education (“CLE”) requirements [he just had to pay fines for this], but other than these, I see nothing that indicates that he is not licensed as an attorney in Ohio.

The problem is that it would NOT be the unauthorized practice of law if he lived in ANOTHER STATE and he was filing cases in the Northern District of Florida Federal Court as he has been. However, because Mr. Hashmi RESIDES IN the State of Florida (meaning he appears to be running his law practice while being in the physical borders of Florida — hence the “limited to federal practice” notation on his letterhead), the judge is suggesting that he is in violation of the Florida State Bar unauthorized practice of law statutes (and probably as a result will be in violation of his Ohio state bar’s ethics rules as well).

For this reason, all of his 28 cases [for the time being] have been merged into Case No. 4:11-cv-00570 and are FROZEN. Lastly, quoting from the judge’s order, “Mr. Hashmi must show cause by March 9, 2012, why these cases should not be dismissed on the ground that he has no authority to practice law in Florida or in this court.”

What this means to you is that as things stand, “…Mr. Hashmi must not attempt to settle any of these cases, must not accept any payment in settlement of any of these cases, and must not take any other action in any of these cases.” In other words, for the time being, Terik Hashmi’s cases (listed below) are DEAD.

THIRD DEGREE FILMS, INC. v. DOES 1-259 (Case No. 4:11-cv-00570)
THIRD DEGREE FILMS, INC. v. DOES 1-375 (Case No. 4:11-cv-00572)
DIGITAL SIN, INC. v. DOES 1-208 (Case No. 4:11-cv-00583)
DIGITAL SIN, INC. v. DOES 1-145 (Case No. 4:11-cv-00584)
DIGITAL SIN, INC. v. DOES 1-167 (Case No. 4:11-cv-00586)
NEXT PHASE DISTRIBUTION, INC. v. DOES 1-126 (Case No. 4:12-cv-00006)
PATRICK COLLINS, INC. v. DOES 1-85 (Case No. 4:12-cv-00007)
ZERO TOLERANCE ENTERTAINMENT, INC. v. DOES 1-52 (Case No. 4:12-cv-00008)
MEDIA PRODUCTS, INC. v. DOES 1-34 (Case No. 4:12-cv-00024)
SBO PICTURES, INC. v. DOES 1-92 (Case No. 4:12-cv-00025)
SBO PICTURES, INC. v. DOES 1-97 (Case No. 4:12-cv-00026)
METRO INTERACTIVE, LLC v. DOES 1-56 (Case No. 4:12-cv-00043)
EVASIVE ANGLES ENTERTAINMENT v. DOES 1-97 (Case No. 1:11-cv-00241)
ELEGANT ANGEL, INC. v. DOES 1-87 (Case No. 1:11-cv-00243)
ELEGANT ANGEL, INC. v. DOES 1-115 (Case No. 1:11-cv-00245)
ELEGANT ANGEL, INC. v. DOES 1-85 (Case No. 1:11-cv-00246)
ELEGANT ANGEL, INC. v. DOES 1-77 (Case No. 1:11-cv-00247)
MEDIA PRODUCTS, INC. v. DOES 1-175 (Case No. 1:11-cv-00248)
DIGITAL SIN, INC. v. DOES 1-150 (Case No. 1:11-cv-00280)
DIGITAL SIN, INC. v. DOES 1-131 (Case No. 1:11-cv-00281)
EXQUISITE MULTIMEDIA, INC. v. DOES 1-178 (Case No. 1:12-cv-00002)
MEDIA PRODUCTS, INC. v. DOES 1-43 (Case No. 1:12-cv-00003)
NEXT PHASE DISTRIBUTION, INC. v. DOES 1-93 (Case No. 1:12-cv-00004)
PATRICK COLLINS, INC. v. DOES 1-159 (Case No. 1:12-cv-00018)
THIRD DEGREE FILMS, INC. v. DOES 1-195 (Case No. 1:12-cv-00019)
MEDIA PRODUCTS, INC. v. DOES 1-168 (Case No. 1:12-cv-00020)
SBO PICTURES, INC. v. DOES 1-98 (Case No. 1:12-cv-00021)

On a personal note, do I really think this is the end of these cases? No, and this is merely because I am still floored that these cases are still around almost TWO YEARS no after they first started to appear. Plaintiff attorneys have come and gone, but the cases still appear to continue [for the most part] unhindered by the various Judges. Obviously many of them have smartened up the the mass extortion scheme being perpetrated on now a hundred or so thousand John Doe defendants, but the fact that the “Plaintiff v. John Doe 1-25″ or “Plaintiff v. John Doe 1-250″ cases are still around in the first place suggest that the attorney generals and the U.S. attorney generals are doing ABSOLUTELY NOTHING to make these cases go away as they did with the Trevor Law Group automobile repair shop extortion scheme cases (look them up) a few years back in the Northern District of California.

Do I think Terik Hashmi is finished? Probably not. I am sure he’ll find a way to overcome this obstacle, but again, I say this only because I’m a bit dark and jaded from the fact that plaintiff attorneys still have their law licenses and are still filing lawsuits long after their cases have been shown to be what they are.

For now, we should enjoy our victory and not get overly confident that these cases cannot reappear in the near future. Congratulations to all.

Most importantly, THIS IS THE FIRST TIME A JUDGE HAS TAKEN DOWN ALL OF THE SMALLER “JOHN DOE” LAWSUITS AT ONCE. Other plaintiff attorneys should sit up and take notice.

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Today I received a bunch of what are commonly known as “scare” letters from Prenda Law Inc.  What is interesting is that all the letters I received were for the AF Holdings, LLC v. Does 1-1,140 (Case No. 1:11-cv-01274) case. While at first I thought the timing to an order by Judge Facciola was too much of a coincidence (read on), it turns out that something is going on with this case which has gotten the law firm sending out letters.  In my experience this usually coincides with a dismissal.

When I looked into it, I found what appeared to be my answer in a judge’s order in the West Coast Productions, Inc. v. Does 1-1,434 (Case No. 1:11-cv-00055) case filed in the District of Columbia District Court, where the judge refused to allow Dunlap Grubb & Weaver, PLLC to add new accused IP addresses to the case and then get the subscribers’ contact information from their ISPs.  Even better, for the FIRST TIME, this DC judge ruled in line with the other district courts that a defendant who does not live in the District of Columbia cannot be sued in the DC court because the DC court lacks jurisdiction over those defendants.  The exciting piece of this news is that DC has been notorious for allowing cases to proceed against thousands of John Does who lived outside of DC.  Any motions to quash summarily fail.

Even better, the judge who made this order was Judge Facciola, the judge in the controversial Hard Drive Productions, Inc. v. Does 1-1,495 (Case No. 1:11-cv-01741) case.

No doubt this has gotten the Steeles, the Hansmeiers, and the Duffys nervous because their cases are in the District of Columbia.  As far as I am concerned, this order — even though the West Coast Productions, Inc. order has nothing to do with Prenda Law Inc., I suspect it will be a death nail in all three cases – West Coast Productions, AF Holdings, and Hard Drive Productions.

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