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Archive for the ‘Doug Clemons’ Category

So… I was in the Southern District of Texas court this afternoon, and I thought that I would stop by and sit in on the Sunlust Pictures, LLC v. Does 1-75 (Case No. 4:12-cv-00695) case management hearing.

Prenda Law Inc.’s local counsel was a no show.

Using the court’s speaker phone, the clerk called Douglas Clemons, Prenda’s answer to Doug McIntyre’s withdrawal as local counsel from all of their cases.

RECEPTIONIST: “Manfred Sternberg & Associates, how may I help you?”

CLERK: “We are looking for Douglas Clemons.  He has a hearing scheduled with Judge Ellison.”

RECEPTIONIST: “With who?”

CLERK: “Judge Ellison.”

RECEPTIONIST: “Let me see if he is here… No, he is not in the office.  I don’t even see anything on his calendar for today.  I’m going to transfer you to his cell phone. [click. dial tone.]”

In other words, Doug Clemons, local counsel to Prenda Law Inc. didn’t even know he had a hearing this afternoon.  This baffles me — I’ve known about it for weeks.  I expect that he has some explaining to do.

As far as the Sunlust Pictures, LLC v. Does 1-75 case is concerned, the hearing from today will probably be rescheduled with no consequences to the plaintiffs or to Prenda Law Inc.’s local counsel.  That being said, I do want to point out that the John Doe Defendants in this case likely have nothing to worry about — well, at least the Comcast Cable Communications subscribers.

Comcast refused to comply with the subpoena issued to them to release the names of the accused defendants, and Prenda sued Comcast in DC in a “motion to compel” case entitled “Sunlust Pictures, LLC v. Comcast Cable Communications, LLC” (Case No. 12-mc-00383).  They have done this before.  The judge denied Prenda’s motion, and thus Comcast will not be complying with the subpoena which essentially means that any Sunlust Pictures, LLC clients here in the Texas lawsuits are home free.  Your plaintiff attorneys will not know who you are.

As for non-Comcast defendants, there will be another case management hearing.  It’s probably a good idea to mount a proactive defense and at least let yourselves be heard.  Judge Ellison is a fair judge, and he will listen to you regardless of whether you are represented by an attorney or not.

I think more generally that it is probably a good idea for Doe Defendants across the country to start showing up to these hearings.  If you don’t have an attorney, wear a tie and a jacket, and say hello to the judge and the clerk.  If you do not have an attorney representing you, then represent yourselves.  I don’t think one local counsel who doesn’t have his heart invested in these cases can stand up to many of you, especially when you are passionately against these kinds of lawsuits.

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I sometimes feel like a duck in a pond — everything seems calm on the surface, but under the water, I am directing local counsel with a fury. No doubt copyright trolls operate the same way (John Steele did it, and quite frankly, this is the only way a multi-jurisdictional law practice can properly operate).

The problem happens, however, when one of your local counsel drowns. What do you do — do you let them take the fall? Or do you do whatever it takes to support them even when your cherished law firm name is not on their court filings?

I am sad to share that my nemesis of sorts, Doug McIntyre, has drowned, and his copyright troll employer appears to have let him take the fall.

Doug McIntyre was the name that appeared on a number of Prenda Law Inc.’s cases — names such as Millennium TGA, Inc., Bubble Gum Productions, LLC, Pacific Century Int’l, Ltd., and Sunlust Pictures, LLC (to name a few). What I thought was commendable was that for reasons we cannot discuss (think, “There is no honor among thieves. Copyright troll thieves”), Doug went ahead and started taking on his own clients — West Coast Productions, Inc., Combat Zone Corp. — and started to mold himself into a copyright troll rather than local counsel for someone else. I actually thought it was commendable that he was going off on his own and was standing on his own two feet rather than being a patsy for some other troll.

But then the KHOU Channel 11 News did a story on Doug McIntyre (as documented by DieTrollDie here), and reporter Scott Noll pinned Doug McIntyre as the mastermind copyright troll for First Time Videos, LLC and many of Prenda Law Inc.’s clients. Prenda Law Inc. said NOTHING and let him take the fall.

On a personal note, even though Doug and I are enemies on paper, I couldn’t help but to feel bad for him because he was merely local counsel filing motions for his employer, John Steele, the master copyright troll himself. And yet, Doug’s reputation here in Houston is tarnished as being the fall guy for someone else. As Captain Duck, I want to reiterate here that I would not let any of my local counsel in any state take the fall, and that all blame would always rest with my firm, the Cashman Law Firm, PLLC.

That being said, I’m sorry to say that as of yesterday, it appears to me as if Doug McIntyre has withdrawn as counsel from all of Prenda Law Inc.’s cases, and like other copyright trolls (e.g., Kevin Harrison), he appears to have left the game.

MCINTYRE’S TEXAS SOUTHERN DISTRICT CASES:
Bubble Gum Productions, LLC v. Does 1 – 60 (TXSD; 4:12-cv-00262) — WITHDRAWN
Millennium TGA, Inc. v. Doe (TXSD; 4:11-cv-04501) — WITHDRAWN
Pacific Century International Ltd. v. Does 1-20 (TXSD; 4:12-cv-00698) — WITHDRAWN

As Doug’s replacement, Prenda hired a new “Doug,” Doug Clemons, who has “significant Federal Court experience which he gained from flood insurance litigation.” Aside from the joke that he has relevant litigation in torrent litigation (my apologies for the dry humor), this new “Doug” has ZERO experience in copyright law. While I would ordinarily say “this will be fun” (as I do anytime I see a new copyright troll), quite frankly, even with this new patsy at the helm, I’m still fighting John Steele in these cases because in my humble opinion, Steele is the one filing the motions in the cases anyway. Thus, I expect to see more of the same.

In sum, welcome Doug Clemons, Prenda Law Inc.’s new patsy here in the Southern District of Texas (and let’s hope you have the originality to fight your own cases), and my condolences to Doug McIntyre, the local counsel who took the fall for Prenda Law Inc. I obviously say all of this with a bit of reservation, because you shouldn’t have taken the copyright troll cases in the first place, as Doug Clemons and his Manfred Sternberg & Associates, PC law firm are about to learn the hard way.

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