Archive for the 'Legal' Category

Alex Mauer DMCA’s The Internet

Alex Mauer DMCA’s The Internet
EventHorizon1984
27 June 2017
Updated 28 June 2017

The Digital Millennium Copyright Act of 1998
“Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.”

Since the inception of the DMCA (Digital Millennium Copyright Act), no Section 512(f) penalties were ever applied to abusers of the 1998 Act. That is, until 2015. The case was Automattic Inc. v. Steiner.

“Automattic was likewise successful in claiming damages of $1,860”
“The court also awarded attorneys’ fees, which are expressly allowed by section 512(f) … a total of $22,264 in fees.”
First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)
Daniel A. Zlatnik & Aaron Rubin

That case built on the results of Lenz v. Universal Music Corp.

So what does this have to do with the article title?

Starr Mazer DSP had an altercation with it’s musical director. The end result was a massive amount of DMCA strikes issued against YouTube and Twitch content creators alike.
SidAlpha

Alex Mauer the “musical director,” and Imagos Softworks, are locked in a copyright dispute. Both parties claim ownership of video game music. After negotiations deadlocked, Alex Mauer raised the DMCA sword to ‘all things’ Imagos.

Including YouTube videos that fall under Fair Use. Which is where our interest lies.

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.

This conflict is moving to Federal Court.

If you came here because of the Alex Mauer ‘Clickbait,’ (not really clickbait but go with it) get up to speed by checking out the references from the list below. Some videos are mere bait, but entertaining nevertheless.

27 May 2017

DMCA (Copyright) Complaint to Vimeo
Sender Alex Mauer
Allegedly Infringing URLS:
https://vimeo.com/73373338 http://archive.is/DRFKU
https://vimeo.com/55823830 http://archive.is/H2jNG
https://vimeo.com/40921927 http://archive.is/ylDC5
https://lumendatabase.org/notices/14421267 http://archive.is/108hA

4 June 2017

DMCA claim by Alex Mauer for Starr Mazer
Sender Private
Allegedly Infringing URLS:
https://www.kickstarter.com/projects/imagosfilms/starr-mazer http://archive.is/fIdee
https://lumendatabase.org/notices/14462977 http://archive.is/dlVBA

DMCA claim by Alex Mauer for Starr Mazer
Sender Private
Allegedly Infringing URLS:

https://lumendatabase.org/notices/14462979 http://archive.is/QxQ9X

5 June 2017

DMCA (Copyright) Complaint to Vimeo
Sender Alex Mauer
Allegedly Infringing URLS:
https://vimeo.com/35259959 http://archive.is/5hA7i
https://lumendatabase.org/notices/14461591 http://archive.is/wRLKp

13 June 2017

STARR MAZER : DSP – Wrongfully DMCA’D #WTFU ?
Temmie Plays! (1.4K subscribers)
https://www.youtube.com/watch?v=Ugd3cRI8r4c http://archive.is/GKsEP

23 June 2017

Copyright Strike Levied Against Starr Mazer Videos
MemoryLeakDeath
https://www.youtube.com/watch?v=bkJauxaYS60 http://archive.is/kVRPy

A wave of DMCA strikes hits YouTubers
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=i15_OLOXLmo&t=9s http://archive.is/chu7N

24 June 2017

Je parle du cas de Starr Mazer et les fausses attaques DMCA par Alex Mauer
Alexandre Armont
https://www.youtube.com/watch?v=IoryDHxtTuc http://archive.is/MMZ3V

Weaponizing DMCA’s & Why You Shouldn’t Fuck With Youtubers
BigfryTV (46K subscribers)
https://www.youtube.com/watch?v=34f_DMtUmQk http://archive.is/z43bM

DMCA Issues on Youtube: The New Flood
couchpotatostuff
https://www.youtube.com/watch?v=zvtBjXw9isQ http://archive.is/uqSOb

YouTubers Held Hostage With DMCA Takedowns By Former Starr Mazer Composer, Alex Mauer
IAmPattyJack (13K subscribers)
https://www.youtube.com/watch?v=BjlKvYFW-gM http://archive.is/qS6Pm

Alex Mauer DMCAs More Games, Sends Cease And Desist To Turner Broadcasting/Adult Swim Games
IAmPattyJack (13K subscribers)
https://www.youtube.com/watch?v=aC_NplN0x4c http://archive.is/oUQGm

The W2 Report – The Copyright Horror Show
Sanji Himura
https://www.youtube.com/watch?v=29TOsPhiS94 http://archive.is/RlFAl

An update on the Alex Mauer DMCA Wave
SidAlpha (42K subscribers)

24 June 2017

Youtubers hit with DMCA strikes by Alex Mauer for playing Starr Mazer DSP
Sir TapTap (12K subscribers)
https://www.youtube.com/watch?v=W81xeN-2_N4 http://archive.is/P0hvi

Alex Mauer’s Copyright Claim Abuse
TotalBiscuit, The Cynical Brit (2.2M subscribers)
https://www.youtube.com/watch?v=077d3hAvwQ4&t=46s http://archive.is/SPxs1

25 June 2017

Alex Mauer Update: 70+ DMCA STRIKES
couchpotatostuff
https://www.youtube.com/watch?v=_q5JQD3UiZU&t=2s http://archive.is/lMv6q

Human Scum Issues False DMCA Takedowns
EscapeRouteBritish (1.5K subscribers)
https://www.youtube.com/watch?v=CtPAJtd-EJA http://archive.is/LGN62

Extorting YouTubers for Fun and Profit!
farfromsubtle (250K subscribers)
https://www.youtube.com/watch?v=HmMvfmhkccg&t=3s http://archive.is/mDvU9

Alex Mauer: 5 Fast Facts You Need to Know
Jack Fennimore
http://heavy.com/games/2017/06/alex-mauer-starr-mazer-dsp-star-youtube-dmca/ http://archive.is/Uz1o6

A Righteous Crusader Wields DMCA Takedowns to Bring Forth Justice
KEN Network
https://www.youtube.com/watch?v=yKE68_feSOo http://archive.is/Chq5y

my two cents on the whole Alex Mauer situation (rushed edition)
Kjellhimself
https://www.youtube.com/watch?v=XRKgRb5MBTk&t=18s http://archive.is/jWJK3

This video contains Starr Mazer DSP with Alex Mauer’s music
kontent ai dee
https://www.youtube.com/watch?v=eEoBDlzqlZQ http://archive.is/KtTPC

Alex Mauer enforces contract by DMCA extortion
Leonard French (64K subscribers)
https://www.youtube.com/watch?v=nuSZ6wZAaHQ&t=49s http://archive.is/l13Mr

Starr Mazer DSP – Gameplay Preview (With Music and SFX)
mentalplayground
https://www.youtube.com/watch?v=HdQcj58ILx4 http://archive.is/7Ja9e

The W2 Report – The Copyright Horror Show Redux
Sanji Himura

Alex Mauer’s DMCA Strike Extortion
Shooter Fantasy
https://www.youtube.com/watch?v=_0Y7mKGWf1o http://archive.is/iBlF0

UPDATE: Alex Mauer list of DMCA strikes
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=5eTLpjRE8QY&t=6s http://archive.is/0y1R0

Starr Mazer: DSP v. 3.0.7 : Enjoy Alex Mauer ! This Strike is on the house 🙂 *DMCA SHIELD©*
Temmie Plays! (1.4K subscribers)
https://www.youtube.com/watch?v=OaCAqJRhC3k http://archive.is/xvkT4

ALEX MAUER DMCA Update! Can’t take risks, Starr Mazer DSP Longplay Deleted
TheLegendaryGBD
https://www.youtube.com/watch?v=NGzBleeblwI http://archive.is/Wet6m

VANITAS RANTS | Starr Mazer DSP
Vanitas 42
https://www.youtube.com/watch?v=-zKMsFZCg7Y http://archive.is/Sthst

My Alex Mauer Rant: We Are Artists Too!
Z. Mann Zilla
https://www.youtube.com/watch?v=1NZSsg7Wegs http://archive.is/ddNlO

June 26 2017

04 – Alex Mauer, the Joffrey of Youtube | Button Mashers Podcast
Game of Dorks
https://www.youtube.com/watch?v=a5bo5hiiqKc http://archive.is/s49bh

GamePoints Podcast Episode 94
GamePoints PC
https://www.youtube.com/watch?v=qTNV8iCKMkc http://archive.is/OA4pQ

Alex Mauer and the Starr Mazer fiasco – Initial Views
I Heart Indie
https://www.youtube.com/watch?v=O65ry-Tp2l0 http://archive.is/sObz1

Conversations with Alex Mauer (All of my interview questions)
I Heart Indie
https://www.youtube.com/watch?v=YLtaK3y9W7k http://archive.is/WB919

Composer Files Tons of Spurious DMCA Takedowns For Extortion Purposes
Jim Sterling (517K subscribers)
https://www.youtube.com/watch?v=tHWlK21sdHs http://archive.is/K0o6T

Dealing with Alex Mauer’s DMCA Strike
Jupiter_Hadley (4K subscribers)
https://www.youtube.com/watch?v=yA0l6KiPUV4 http://archive.is/7qNCJ

To Alex Mauer, A Message
Lord Crocosquirrel (2.8K subscribers)
https://www.youtube.com/watch?v=7IqD7Lhq2Rs http://archive.is/expXL

ALEX MAUER EXCLUSIVE INTERVIEW – DMCA TAKEDOWN MADNESS | Angry Rant
Musical Anti Hero (1.2K subscribers)
https://www.youtube.com/watch?v=UVRYruRhjwM http://archive.is/5ToNR

The Alex Mauer Controversy & OpenVI can make Mods for GTA V again for now
rockingtheblade
https://www.youtube.com/watch?v=US_f_S07c6M http://archive.is/JBPDv

My Voice on Alex Mauer
Sparky’s Tech Corner
https://www.youtube.com/watch?v=RpIR670j66c&t=19s http://archive.is/TOFxw

My Voice on Alex Mauer “STOP THE THREATS TO HER AND BE CIVIL”
Sparky’s Tech Corner
https://www.youtube.com/watch?v=RpIR670j66c http://archive.is/jUGdK

Starr Mazer DSP *TEST VIDEO*
ThatOneNerd
https://www.youtube.com/watch?v=pZ1FX287e8k http://archive.is/6zS1t

Full Interview with Alex Mauer, June 26th 2017 (MusicalAntiHero)
TheMusiAH aka Musical Anti Hero
http://imgur.com/gallery/A9hJc http://archive.is/1u3LD

Starr Mazer: a Plea to Alex Mauer
TiredOldGamer
https://www.youtube.com/watch?v=ga8nI4lwI3Q http://archive.is/yLqzP

Star Mazer DSP and Alex Mauer DMCA
XMOSS Gaming
https://www.youtube.com/watch?v=na3vZR9gBbU http://archive.is/NfYo0

27 June 2017

Starr Mazer Legal Support
GoFundMe
https://www.gofundme.com/starr-mazer-legal-support https://web.archive.org/web/20170628000432/https://www.gofundme.com/starr-mazer-legal-support

Alex Mauer What the Fuck Youtube?
Jack B
https://www.youtube.com/watch?v=JdVuYjrLHiw http://archive.is/SNtVI

Leonard French, Esq.
https://leonardjfrench.com/alex-mauer-dmca-abuse/ http://archive.is/TlMpU

LEONARD J. FRENCH HIRED TO REPRESENT IMAGOS SOFTWORKS | Alex Mauer Editorial Update
Musical Anti Hero (1.2K subscribers)

I HAVE BEEN DMCA’D BY ALEX MAUER
Musical Anti Hero (1.3K subscribers)
https://www.youtube.com/watch?v=ph3x0ol6QNU http://archive.is/OCPSW

Reaction Video 1 – Alex Mauer DCMA Controversy
Nikki PiP
https://www.youtube.com/watch?v=9J3S0DaOtBQ http://archive.is/mQ1NG

Planet Jank Saves YouTube
Planet Jank
https://www.youtube.com/watch?v=N66_TcejPsI http://archive.is/drjel

The W2 Report – Justice Needs Your Help!
Sanji Himura
https://www.youtube.com/watch?v=KMwnMPzcMes http://archive.is/Mc1j6

Alex Mauer: more on the DMCA Front Lines
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=2odeBDCP6Kk http://archive.is/YaYMg

Alex Mauer DMCA Update: Imagos gets litigious
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=-xixllqAgdE http://archive.is/MlSpp

Alex Mauer Update “DONT SEND THREATS”
Sparky’s Tech Corner
https://www.youtube.com/watch?v=-OZV8gheG60 http://archive.is/9t36O

Game Music Composer Goes On DMCA Blitz Against Innocent YouTubers Over Contract Dispute With Game Publisher
TechDirt
https://www.techdirt.com/articles/20170626/06435537667/game-music-composer-goes-dmca-blitz-against-innocent-youtubers-over-contract-dispute-with-game-publisher.shtml https://web.archive.org/web/20170627183650/https://www.techdirt.com/articles/20170626/06435537667/game-music-composer-goes-dmca-blitz-against-innocent-youtubers-over-contract-dispute-with-game-publisher.shtml

Help Support STARR MAZER: DSP ! We Need Your Help, Pilot! [ Leonard French Gofundme ]
Temmie Plays! (1.4K subscriber)
https://www.youtube.com/watch?v=spkbaeRI-Zk http://archive.is/Dy0ac

Game Composer’s ILLEGAL DMCA RAMPAGE – The Know Game News
The Know (1.2M subscribers)
https://www.youtube.com/watch?v=ggvSJzKxm7w http://archive.is/weTGs

GAME NEWS: DMCA EXTORTIONIST DRAGS YOUTUBERS INTO LEGAL BATTLE
The Know
http://theknow.roosterteeth.com/episode/game-news-2017-video-game-composer-abusing-you-tube-strikes http://archive.is/6XtJN

Starr Mazer DSP Gameplay: Alex Mauer & DMCA Friendly!
White From Black
https://www.youtube.com/watch?v=Y_i_iolsQPg http://archive.is/E9XE5

Alex Mauer RIsks Over 60 YouTubers Channels with Bogus DMCA Strikes ..All To Try And Get More Money!
Zaxtor99 (10K subscribers)
https://www.youtube.com/watch?v=zEfNgxSYwaw http://archive.is/nAXJ1

28 June 2017

[rambly garbage] Alex Mauer, and the recent bullshit [Update in description]
Derterifii
https://www.youtube.com/watch?v=D82RvCx8Bo8 http://archive.is/8he2R

FLASHSHOCK Podcast: Alex Mauer, Trans issues, and threats against other’s lives.
Flash Frame
https://www.youtube.com/watch?v=COLb_2LExF4 http://archive.is/KggjO

Alex Mauer, NO, NO, JUST NO!!!!!! (Sorry for cussing)
GingerSquatch
https://www.youtube.com/watch?v=4-hfljymchU http://archive.is/pxvTz

Alex Mauer : Think About What you’re Doing.
Jamesyboy1985
https://www.youtube.com/watch?v=OZ9alDt8-lk http://archive.is/712UH

last video I want to make regarding the whole alex mauer thing
Kjellhimself
https://www.youtube.com/watch?v=PUSGt-csDuo http://archive.is/bHW9i

The Alex Mauer Video
Kurzov Productions
https://www.youtube.com/watch?v=C02WTB2GGaQ http://archive.is/4tRUn

Alex Mauer vs SidAlpha: The Threat of Doom
Lord Crocosquirrel (2.8K subscribers)
https://www.youtube.com/watch?v=Nuv5MxwwsHs http://archive.is/YdTQd

ALEX MAUER INTERVIEW DMCA UPDATES
Musical Anti Hero (1.4K subscribers)
https://www.youtube.com/watch?v=S8L1A6iktCQ http://archive.is/ahCcO

Alex Mauer issues Death Threat
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=qC_BXWx9s6Q http://archive.is/OOVQe

 

The ending to this legal drama should be interesting.

/*

Updated 28 June 2017

Once legal action was underway, it was thought ‘maybe get back to this DMCA issue in a couple of months.’ Legal matters do take time. That changed the next day as, Alex Mauer issues Death Threat was reported.

The above list has been update. We’ll get back to this …

/*

“Well take this for what little it will profit you. As I look at you, Ambassador Mollari, I see a great hand reaching out of the stars. The hand is your hand. And I hear sounds, the sounds of billions of people calling your name.”
“My followers?” Ambassador Londo Mollari
“Your victims.” Technomage Elric
Babylon 5

cookie
//

PACER Class Action Lawsuit – National Veterans Legal Services Program et al v United States

PACER Class Action Lawsuit – National Veterans Legal Services Program, et al. v. United States
EventHorizon1984
17 May 2017

 

“Paying too much for PACER? You could get an email notice later this spring to join a class action”
Amanda Bronstad
In PACER Suit, a Class Action Even Defense Lawyers Can Love

 

Need quick online access to Federal Court records? Then you want PACER (pacer.gov).

What is PACER?

“Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator. PACER is provided by the Federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service.”

“The Federal Judiciary has developed a Next Generation (NextGen) Case Management/ Electronic Case Files (CM/ECF) system that will allow you to use the same account for both PACER and electronic filing access”

“The PACER Case Locator is a national index for U.S. district, bankruptcy, and appellate courts. A subset of information from each case is transferred to the PACER Case Locator server each night”

“PACER is available to anyone who registers for an account.

The more than one million PACER users include attorneys, pro se filers, government agencies, trustees, data collectors, researchers, educational and financial institutions, commercial enterprises, the media, and the general public.”

PACER registration is free, but there is a fee for document access.

“All registered agencies or individuals are charged a user fee of $0.10 per page. This charge applies to the number of pages that results from any search, including a search that yields no matches (one page for no matches).”

“The schedule places a cap on the per-page charge, with a maximum $3, the equivalent of 30 pages, for electronic access to any single document. For example, a 50 page document that would cost $5 at $0.10 a page is capped at 30 pages and only costs $3. Users will receive the entire 50-page document but are only charged $3. Each attachment in CM/ECF sites is considered a separate document. Therefore, the cap will apply to each attachment over 30 pages separately.”

“The PACER Service Center bills quarterly and sends a statement by mail or email. Fees are waived when usage is less than $15 for the quarter.”

Why the fees for public documents?

In 1988, the Judiciary sought appropriations from the U.S. Congress in order to provide electronic public access to court records. However, Congress did not provide the funds and instead directed the Judiciary to fund the initiative through user fees. As a result, the program relies exclusively on fee revenue.

Are these fees reasonable? On 21 April 2016, the National Veterans Legal Services Program, National Consumer Law Center, and the Alliance For Justice presented the case “that PACER’s fee schedule is higher than necessary to cover the costs of operating PACER.”

A few months later, on 24 January 2017, “U.S. District Judge Ellen Segal Huvelle in the District of Columbia approved the” ‘class action lawsuit.’

The nineteen (19) page document ends with:

CONCLUSION

Plaintiffs’ motion for class certification is granted, with minor modifications to the proposed class definition. A separate Order accompanies this Memorandum Opinion.

/s/ Ellen Segal Huvelle
ELLEN SEGAL HUVELLE
United States District Judge

Date: January 24, 2017

 

Of course, notice of this event reached our email box on 16 May 2017.

 

  Gmail - PACER Fees - Notice of Class Action Lawsuit 70

 

Of course, settlement talks began in March. And according to a 11 March 2017 article, all parties were “to report back to the court no later than April 21.

Did we mention it’s May?

/*
“One of those hobbies of mine, is studying laws. The laws you used to be paid to enforce.”
Detective Robert Goren

cookie
//

Digital Homicide Lawsuits Click Bait

Digital Homicide Lawsuits Click Bait
EventHorizon1984
23 September 2016
17 October 2016 UPDATED

 

You must take a year off, one of these days, before you’re old and tired and weighed down by responsibility. Go away somewhere, and read. Read all the important books. Educate yourself, then you’ll see the world in a different way.Helon Habila

Coming back a year later, some things remain the same. It’s Fall, and lawsuits are in the air.

If you’re into computer games, and comment on games, this lawsuit is for you.

The Digital Trends article, “Steam Removes All Of Digital Homicide’s Games After It Sues 100 Users,” is one of hundreds of articles on the subject of Digital Homicide‘s current lawsuit. A riveting case of online “Harassment,” “Stalking,” “Criminal Damage,” and “Criminal Impersonation,” by 100 people.

Or as the article puts it:

“Digital Homicide doesn’t take criticism lightly. The filings indicate that James Romine, one-half of the Romine Brothers, who are Digital Homicides development team, sued 100 Steam users, alleging personal injury claims arising from online comments posted by defendants.”

YouTube personality SidAlpha has detailed commentary on the subject. And he supplied copies of the Court documents, for United States District Court For The District Of Arizona case CV-16-03092-PHX-ESW (or 2:2016-cv-03092), James Oliver Romine Jr v. Jane/John Doe 1 through 100.

But readers are probably aware that this is not the first lawsuit filed in 2016 by Digital Homicide.

 

“Let’s do it again.”
Seven Days (1998-2001)

On 4 March 2016, James O. Romine Jr. aka Digital Homicide, filed a civil lawsuit against James Nicholas Stanton aka Jim Sterling. The United States District Court, District of Arizona, case # 2:16-cv-00604-JJT, Romine v. Stanton. This was also well covered. It’s “was” as within two months it became old news. That Court case was freshened up and trotted out when Digital Homicide’s second lawsuit hit the news cycle. Here’s how Mr. Romine characterized the civil complaint, word for word:

When The Defendant falsely accused The Plaintiff and caused damage to reputation, damage to product, loss of product, and causing severe emotional distress to The Plaintiff, The Plaintiff has the right to receive restitution for these damages. The statements that have been made on the Internet by The Defendant have resulted in criticism and condemnation by the public towards The Plaintiff. These statements have been made in reckless disregard for duty of care that all United States Persons are legally required to follow.

Using our trusty PACER account to dust off that case, here’s a redacted copy of the docket. As of 23 September 2016 17 October 2016. With links to copies of the Court documents.

 

Civil Docket as of 20160923-Header

 

Date Filed # Docket Text
03/04/2016 1 COMPLAINT. Filing fee received: $ 400.00, receipt number PHX169280 filed by James Oliver Romine, Jr. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(BAS) (Entered: 03/04/2016)
03/04/2016 2 REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by James Oliver Romine, Jr. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) (Entered: 03/04/2016)
03/04/2016 3 Filing fee paid, receipt number PHX169280. This case has been assigned to the Honorable Judge John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-16-00604-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAS) (Entered: 03/04/2016)
03/04/2016 4 Summons Issued as to James Nicholas Stanton at case opening. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 03/04/2016)
03/28/2016 5 SERVICE EXECUTED filed by James Oliver Romine, Jr: Proof of Service re: Summons and Complaint upon James Nicholas Stanton on 3/15/2016. (REK) (Entered: 03/28/2016)
04/01/2016 6 First MOTION for Extension of Time to File Answer re: 1 Complaint by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/01/2016)
04/04/2016 7 Consent MOTION for Extension of Time to File Answer re: 1 Complaint by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/04/2016)
04/05/2016 8 ORDER: IT IS ORDERED granting the Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint (Doc. 7 ). Defendant Stanton shall have until 30 days after the date of this Order to answer or otherwise respond to the Complaint. IT IS FURTHER ORDERED denying Defendant’s Motion for Extension of Time to File Answer (Doc. 6 ) as moot. Signed by Judge John J Tuchi on 4/5/16.(JAMA) (Entered: 04/05/2016)
04/13/2016 9 ***STRICKEN by (Doc. 10 )–AMENDED COMPLAINT against James Nicholas Stanton filed by James Oliver Romine, Jr. (ATD) (77 pages) Modified on 4/15/2016 (ATD). (Entered: 04/13/2016)
04/15/2016 10 ORDER striking Plaintiff’s 9 Amended Complaint. Plaintiff may file a Motion to Amend pursuant to Federal Rule of Civil Procedure 15(a)(2) and Local Rule 15.1(a) by April 27, 2016. Signed by Judge John J Tuchi on 04/15/2016. (ATD) (Entered: 04/15/2016)
04/27/2016 11 MOTION to Amend/Correct 1 Complaint by James Oliver Romine, Jr. (Attachments: # 1 Exhibit)(REK) (Entered: 04/27/2016)
05/04/2016 12 ***Lodged at 15 because of Motion at 13 *** MOTION to Dismiss Case for Lack of Standing, Lack of Personal Jurisdiction, and Failure to State a Claim under Rule 12(b)(6) by James Nicholas Stanton. (Attachments: # 1 Exhibit A, Declaration of James Stanton and Attachments 1-5)(Hartman, Bradley) Modified on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016 13 *MOTION for Leave to File Excess Pages for Defendant’s Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) *Modified to correct text on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016 14 *RESPONSE in Opposition to Motion re: 11 MOTION to Amend/Correct 1 Complaint filed by James Nicholas Stanton. (Hartman, Bradley) *Modified to correct event on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016 15 *FILED at (Doc. 19 ) pursuant to 18 Order–LODGED Proposed Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction re: 13 MOTION for Leave to File Excess Pages for Defendant’s Motion to Dismiss [Doc. 12] . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Nicholas Stanton. (Attachments: # 1 Exhibit A, Declaration of James Stanton and Attachments 1-5)(Hartman, Bradley) *Modified to correct text re: motion types on 5/5/2016 (REK). Modified on 5/10/2016 (KGM). (Entered: 05/04/2016)
05/09/2016 16 REPLY to Response to Motion re: 11 MOTION to Amend/Correct 1 Complaint filed by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/10/2016 17 MOTION for Leave to File Excess Pages (after the fact) for Motion to Amend/Correct (Doc. 11 ) by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/10/2016 18 ORDER granting 13 Motion for Leave to File Excess Pages. Defendant may file his motion to dismiss not to exceed 22 pages. IT IS FURTHER ORDERED directing the Clerk to file the document lodged at Document 15. Signed by Judge John J Tuchi on 5/10/16.(KGM) (Entered: 05/10/2016)
05/10/2016 19 * MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Case for Lack of Standing by James Nicholas Stanton. (Attachments: # 1 Exhibit)(KGM) *Modified to correct motion type on 5/10/2016 (KGM). (Entered: 05/10/2016)
05/10/2016 20 RESPONSE to Motion re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/11/2016 21 *Filing fee paid, receipt number PHX171860. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: MC-16-00045-PHX-DLR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. *This was docketed in this case in error* (Entered: 05/11/2016)
05/11/2016 22 MOTION for Leave to File Amendment to 20 Response to Motion to Dimiss Plaintiff’s Complaint by James Oliver Romine, Jr. (KGM) (Entered: 05/12/2016)
05/11/2016 23 MOTION for Leave to File Excess Pages for 22 Amendment to Response to Motion to Dismiss Plaintiff’s Complaint by James Oliver Romine, Jr. (KGM) (Entered: 05/12/2016)
05/11/2016 24 *(Filed at (Doc. 31 )–LODGED Proposed Amendment to Response to Defendant’s Motion to Dismiss re: 22 MOTION for Leave to File Amendment to Response to Motion to Dimiss Plaintiff’s Complaint, 23 MOTION for Leave to File Excess Pages for Amendment to Response to Motion to Dismiss Plaintiff’s Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Oliver Romine, Jr. (KGM) Modified on 6/28/2016 (LSP). (Entered: 05/12/2016)
05/13/2016 25 REPLY to Response to Motion re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Nicholas Stanton. (Hartman, Bradley) (Entered: 05/13/2016)
05/16/2016 26 ORDER: IT IS ORDERED denying as moot Plaintiff’s Motion for Leave to Exceed Length of Motion to Amend Complaint (Doc. 17 ). (See attached Order for details). Signed by Judge John J Tuchi on 5/16/16.(JAMA) (Entered: 05/16/2016)
05/16/2016 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint by James Oliver Romine, Jr. (REK) (Entered: 05/16/2016)
05/16/2016 28 *LODGED Proposed Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint re: 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Oliver Romine, Jr. (REK) Modified on 6/28/2016 (LSP). (Entered: 05/16/2016)
05/31/2016 29 RESPONSE in Opposition re: 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint filed by James Nicholas Stanton. (Hartman, Bradley) (Entered: 05/31/2016)
06/28/2016 30 ORDER granting 22 Plaintiff’s Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint and granting 23 Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint. The Clerk shall file the document currently lodged at (Doc. 24 ). IT IS FURTHER ORDERED denying 27 Plaintiff’s Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint. Signed by Judge John J Tuchi on 6/28/16.(LSP) (Entered: 06/28/2016)
06/28/2016 31 AMENDED RESPONSE to Motion re: 19 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss Case filed by James Oliver Romine, Jr. (LSP) (Entered: 06/28/2016)
07/11/2016 32 Second RESPONSE to Motion (Titled: Motion in Response to Dismissal and Amendment to Motion in Response to Dismissal as Affidavit of Opposition) re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Oliver Romine, Jr. (2 pages) (REK) (Entered: 07/12/2016)
09/27/2016 33 MOTION to Amend/Correct 1 Complaint by James Oliver Romine, Jr. (KGM)   (Entered: 09/28/2016)
10/04/2016 34 RESPONSE in Opposition re: 33 MOTION to Amend/Correct 1 Complaint filed by James Nicholas Stanton. (Hartmen, Bradley) (Entered: 10/04/2016)
10/11/2016 35 REPLY to Response to Motion re: 33 MOTION to Amend/Correct 1 Complaint filed by James Oliver Romine, Jr. (REK) (Entered: 10/12/2016)

 

As you might expect, this the ‘jockeying for position’ phase.

Document 29:

“Plaintiff’s motion should be denied because the Supplemental Memorandum [Doc 28] is an impermissible sur-reply. Plaintiff merely repeats arguments already made in response to the Motion to Dismiss and cites new cases not within Defendant’s reply brief. The motion should be denied.”

Document 30:

“At issue are pro se Plaintiff James Oliver Romine’s Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint (Doc. 22), Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint (Doc. 23), and Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint (Doc. 27), to which Defendant James Nicholas Stanton filed a Response in Opposition (Doc. 29).”

Document 31:

“The Plaintiff respectfully requests that the Court deny Defendant’s Motion to Dismiss the Original Complaint which is futile for the reasons stated within this Motion In Response to Motion for Dismissal.”

Document 32:

“The Plaintiff respectfully requests that The Court accept The Plaintiff’s Motion In Response to The Defendant’s Motion to Dismiss and The Plaintiff’s Amendment to Motion in Response to The Defendant’s Motion to Dismiss as The Plaintiff’s Opposition to The Defendant’s Motion to Dismiss. This is only submitted as the term “Opposition” was not specifically stated in those two documents. The Plaintiff was unaware if this was a required statement and felt it may need to be stated officially. Apologies if this is obvious and unnecessary.”

Document 33:

“The Plaintiff respectfully requests that The Court accept this Motion for Leave to Amended Complaint. Attachment T1 shows where The Plaintiff misquoted the proper code which was believed to be US Code. US Code 28 4101 was mistaken for ARS 12-541. The original code was cited from Cornell University’s law website. The Plaintiff has just learned of this discrepancy and requests to submit an Amended Complaint in regards. This is the only change requested. If this motion is granted, The Plaintiff will submit the properly edited document in a second motion. The Plaintiff did not wish to cause excess work for the Clerk of the Court with another copy of the 79 page document if this Motion was denied.”

Document 34:

“Defendant James Stanton responds in opposition to Plaintiff’s Motion for Leave to File Second Amended Complaint [Doc. 33]. Defendant objects to the Motion for Leave to Amend because it is improper and untimely while a Motion to Dismiss is pending and also because the proposed amendment is futile.”

Document 35:

“The Plaintiff respectfully requests this Reply to Opposition to Motion for Leave to File Second Amended Complaint/Correction be accepted as there was an error on strike through on the original document.”

 

At this rate, we guess the really good stuff will begin in 2017.

/*

UPDATED 17 October 2016

Inclusion of Documents 33, 34, 35.

/*
“And if you get hurt (if you get hurt)
By the little things I say
I can put that smile back on your face
Ooh, and it’s alright and it’s coming along
We gotta get right back to where we started from”
Maxine Nightingale (1975), “Right Back Where We Started From,” Slap Shot (1977)

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//


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