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Cell Film Lawsuits begin across the United States

Reddit user /u/beardfearer may fear beards, but not copyright notices

Another Copyright Plaintiff joins the fray

Cell Film lawsuit discovery has begun around the country in a new wave a cases from a new plaintiff.

“Cell”, the 2016 horror movie starring John Cusack (4.3/10 on IMDB and 2.5/4 from Roger Ebert) is now the property behind a new wave of copyright lawsuits that have been filed across the country. The plaintiffs demand copyright damages that total in the thousands of dollars from hundreds of defendants.

Like the “mysterious cellphone signal [that] transforms New Englanders into savage killers” in the film, the love of money seems to have transformed the Cell Film owner into participating in the wave of litigation stemming from bittorrent-based file-sharing.

And in Pennsylvania, the Cell Film case is before Judge Michael Baylson, the very same judge that held the Malibu Media Bellwether Trial – the same trial that set the stage for Malibu Media’s thousands of lawsuits in the past four years.

There are weaknesses in this case that make it defensible under some circumstances. If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.

I have a ton of experience defending file-sharing lawsuits and can help you achieve the best outcome possible. I have defeated several copyright plaintiffs in lawsuits around the U.S. and I fought Malibu Media in their first trial. I’ve represented over 400 defendants in both settling and litigating file-sharing lawsuits. I’ve written a subpoena defense guide for your information, as well.

I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.

Yours,
Leonard French

The new Cell Film lawsuits in the United States are:
  • Cell Film Holdings, LLC v. Doe-76.115.59.2 3:2016-cv-01388 ordce 07/07/2016
  • Cell Film Holdings, LLC v. Doe-76.115.222.248 3:2016-cv-01387 ordce 07/07/2016
  • CELL Film Holdings, LLC v. Doe 1 et al 2:2016-cv-01091 wawdce 07/15/2016
  • LHF Productions, Inc. v. Knight 3:2016-cv-01441 ordce 07/16/2016
  • Cell Film Holdings, LLC v. Doe-50.139.0.92 3:2016-cv-01440 ordce 07/16/2016
  • Cell Film Holdings, LLC v. Doe-50.53.116.227 3:2016-cv-01487 ordce 07/21/2016
  • Cell Film Holdings, LLC, et al v. Pham 3:2016-cv-01486 ordce 07/21/2016
  • Cell Film Holdings, LLC v. Doe-50.39.122.232 3:2016-cv-01484 ordce 07/21/2016
  • Cell Film Holdings, LLC v. Doe-50.53.163.5 3:2016-cv-01525 ordce 07/27/2016
  • Cell Film Holdings, LLC v. Doe-67.237.234.123 3:2016-cv-01526 ordce 07/27/2016
  • Clear Skies Nevada, LLC v. McLaren 3:2016-cv-01527 ordce 07/27/2016
  • CELL Film Holdings, LLC v. Does 1- 10 2:2016-cv-01180 wawdce 07/29/2016
  • Cell Film Holdings LLC v. Does 2:2016-cv-01853 nvdce 08/05/2016
  • CELL Film Holdings, LCC v. Does 1-10 1:2016-cv-00441 hidce 08/09/2016
  • Cell Film Holdings, LLC v. Doe-71.236.139.88 3:2016-cv-01646 ordce 08/14/2016
  • Cell Film Holdings, LLC v. Doe-73.67.240.76 3:2016-cv-01647 ordce 08/14/2016
  • CELL Film Holdings, LLC v. Does 1-15 4:2016-cv-02544 txsdce 08/19/2016
  • CELL Film Holdings, LLC vs. Does 1-12 4:2016-cv-02628 txsdce 08/30/2016
  • CELL Film Holdings, LLC v. Doe 1 et al 1:2016-cv-03043 mddce 09/01/2016
  • Cell Film Holdings LLC v. Does 2:2016-cv-02089 nvdce 09/02/2016
  • CELL Film Holdings, LLC v. DOE-72.220.126.76 3:2016-cv-02234 casdce 09/03/2016
  • CELL Film Holdings, LLC v. Does 1-12 3:2016-cv-00749 vaedce 09/09/2016
  • CELL Film Holdings, LLC v. Does 1-12 3:2016-cv-00750 vaedce 09/09/2016
  • CELL Film Holdings, LLC v. DOE-72.197.18.54 3:2016-cv-02289 casdce 09/12/2016
  • CELL FILM HOLDINGS, LLC v. JOHN DOES 1-8 2:2016-cv-04879 paedce 09/12/2016
  • CELL Film Holdings, LLC v. DOES 1-18 2:2016-cv-00878 ohsdce 09/12/2016
  • Cell Film Holdings LLC v. Does 2:2016-cv-02142 nvdce 09/12/2016
  • CELL Film Holdings, LLC v. Does 3:2016-cv-02265 ohndce 09/12/2016
  • CELL Film Holdings, LLC 4:2016-cv-02781 txsdce 09/14/2016
  • Cell Film Holdings LLC v. Doe-174.50.52.217 2:2016-cv-14970 laedce 09/27/2016
  • CELL Film Holdings, LLC v. Does 1-20 4:2016-cv-02921 txsdce 09/29/2016

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27 new Malibu Media lawsuits in Pennsylvania in March/April 2016

Reddit user /u/beardfearer may fear beards, but not copyright notices

UPDATE (4/15): Two additional Malibu Media cases were filed on 4/13. They have been added to the list at the end of the post.

ORIGINAL:

Malibu Media continues to file a record-setting number of copyright lawsuits, with 433 new cases already filed in 2016 as of this writing (4/7).

Fifteen of those lawsuits have already been kicked out of California.

But 27 new Malibu Media lawsuits target Pennsylvania residents in file-sharing lawsuits alleging copyright infringement.

The lawsuits are filed and maintained by Attorney Chris Fiore, of Fiore & Barber, of Center Valley, PA, but the ringleader of X-Art.com’s lawsuit scheme is Attorney Keith Lipscomb and his firm in Miami, FL.

The lawsuits seek statutory damages, which can vary from $750 per infringement to $150,000 per infringement. Previous Malibu Media judgements have varied from $750 to $22,500 per infringement.

If you or someone you know has received notice of a Malibu Media of other file-sharing lawsuit, please don’t hesitate to call, even after-hours, at 888-801-8681. I have a ton of experience against Malibu Media, including defending one of the first defendants in the first trial in the country.

Please read this subpoena and summons guide for some clarity on some basic information. I will be able to help you understand exactly what’s going on and help you move forward.

Yours,
Leonard French

The 29 new Malibu Media lawsuits in the Eastern District of Pennsylvania are:
  • 2:16-cv-01045-RK MALIBU MEDIA, LLC v. DOE filed 03/04/16
  • 2:16-cv-01046-CDJ MALIBU MEDIA, LLC v. DOE filed 03/04/16
  • 2:16-cv-01047-NIQA MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.2.146.66 filed 03/04/16
  • 2:16-cv-01048-CMR MALIBU MEDIA, LLC v. DOE filed 03/04/16
  • 2:16-cv-01049-CMR MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 50.200.93.250 filed 03/04/16
  • 2:16-cv-01050-MMB MALIBU MEDIA, LLC v. JOHN DOE filed 03/04/16
  • 2:16-cv-01051-NIQA MALIBU MEDIA, LLC v. JOHN DOE filed 03/04/16
  • 2:16-cv-01052-GEKP MALIBU MEDIA, LLC v. JOHN DOE filed 03/04/16 closed 04/04/16
  • 2:16-cv-01053-TJS MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.253.1.121 filed 03/04/16
  • 2:16-cv-01054-MSG MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.253.154.156 filed 03/04/16
  • 2:16-cv-01055-JD MALIBU MEDIA, LLC v. DOE filed 03/04/16
  • 2:16-cv-01056-MSG MALIBU MEDIA, LLC v. DOE filed 03/04/16
  • 2:16-cv-01057-GEKP MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.225.230.187 filed 03/04/16
  • 2:16-cv-01058-ER MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.162.174.33 filed 03/04/16
  • 2:16-cv-01561-BMS MALIBU MEDIA, LLC v. JOHN DOE filed 04/05/16
  • 2:16-cv-01562-SD MALIBU MEDIA, LLC v. JOHN DOE filed 04/05/16
  • 2:16-cv-01563-CMR MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.59.45.102 filed 04/05/16
  • 2:16-cv-01564-AB MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.49.57.168 filed 04/05/16
  • 2:16-cv-01565-MMB MALIBU MEDIA, LLC v. DOE filed 04/05/16
  • 2:16-cv-01566-WB MALIBU MEDIA, LLC v. DOE filed 04/05/16
  • 2:16-cv-01567-AB MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.14.87.134 filed 04/05/16
  • 2:16-cv-01568-GJP MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.225.234.95 filed 04/05/16
  • 2:16-cv-01570-JP MALIBU MEDIA, LLC v. JOHN DOE filed 04/05/16
  • 2:16-cv-01571-MAK MALIBU MEDIA, LLC v. JOHN DOE filed 04/05/16
  • 2:16-cv-01572-RK MALIBU MEDIA, LLC v. JOHN DOE filed 04/05/16
  • 2:16-cv-01573-PD MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 68.82.88.94 filed 04/05/16
  • 2:16-cv-01574-TJS MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 68.81.105.93 filed 04/05/16
  • MALIBU MEDIA, LLC v. DOE  2:16-cv-01785 04/13/2016
  • MALIBU MEDIA, LLC v. DOE  2:16-cv-01786 04/13/2016

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15 Malibu Media lawsuits dismissed in California due to untimely filings

J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others
J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others

FightCopyrightTrolls.com reports that Malibu has recently lost fifteen lawsuits in California due to untimely filings. Malibu has filed over 433 lawsuits so far this year (2016).

You may know that Judges often have discretion to allow parties some leeway in the procedural execution of a court case. Malibu’s cases are numerous, and Federal Civil Procedure is well established.

Malibu Media’s attorneys, some of whom seem to be responsible for hundreds of cases at a time, filed motions for time extensions just a little bit too late.

J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others
J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others

Judge William Alsup, of the Northern District of California, exercised his discretion. He denied the extensions of time to serve summons on the defendants. And, since there is now no way to comply to with the service rules, he dismissed the cases.

As an added bonus, Judge Alsup also set some local precedent, which may be good form for future filings: “Counsel should have acted promptly and diligently, and going forward, plaintiff must seek leave to serve such subpoenas within the first thirty days after a case is filed.”

J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others
J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others

I’m marking this post for all jurisdictions because it highlights the importance of experienced legal counsel. Your defense attorney must understand all the opportunities which may increase the chances of your case being dismissed. Plaintiff’s mistakes can mean thousands of dollars of savings in liability.

If you or someone you know has received notice of a Malibu Media of other file-sharing lawsuit, please don’t hesitate to call, even after-hours, at 888-801-8681. I have a ton of experience against Malibu Media, including defending one of the first defendants in the first trial in the country.

Please read this subpoena and summons guide for some clarity on some basic information. I will be able to help you understand exactly what’s going on so that you can move forward.

Yours,
Leonard French