Law N Motion

In an article, by Dave Simpson on May 13, 2020 published by Law360, it was reported that the 9 th circuit issued its opinion on the final pending matter in the Doc’s Dream, LLC. v Dolores Press, Inc. appellate case. If you do not remember, let me summarize the matters before the appellate court: Dolores Press, Inc. and Melissa Scott sued Patrick Robinson, Bobby Jones, Truth Seekers, Inc., Doc’s Dream, LLC. and does. The district court dismissed Dolores Press’ cases, 4 in total. Meanwhile, Doc’s Dream, et al, counter-sued filing a declaratory action that Dr. Gene Scott had abandoned his copyrights in his works. Doc’s Dream and Dolores Press filed competing Motions for Summary Judgment. Dolores Press was victorious in the district court with Doc’s Dream motion being dismissed as moot. Dolores Press and Melissa Scott appealed the dismissals of their complaints and asked the 9 th circuit to reverse the dismissals and remand them back to the district court for trial....

Hot off the presses!!! United States District Judge, Alfred V. Covello orders judgment in the amount of $3,148,607. The United States District Court, District of Connecticut, has issued its RULING ON THE PLAINTIFF’S MOTION FOR A DEFAULT JUDGMENT, in re Melissa Scott v Timothy Briggs, and Does 1 though 10. In his ruling, Judge Covello, granted in part and denied in part Plaintiff, Melissa Scott’s, Motion for Default Judgment. Judge Covello awarded Scott three million, one hundred forty-eight thousand, six hundred seven dollars ($3,148,607.00), which included attorney’s fees and costs of twenty-three thousand, six hundred seven dollars ($23,607.00). The portion of the requests denied by Judge Covello were in the statutory damages and attorney’s fees. Scott requested the maximum statutory damages for each work, one-hundred fifty thousand dollars ($150,000.00). Judge Covello denied this request, citing Hollander Glass Texas, Inc. v. Rosen Paramount Glass Co., Inc. “Cas...

Patrick Robinson’s lawyers filed a Motion for Clarification of Order Consolidating Cases and the court ruled on the papers without oral arguments. In the moving papers, Robinson asked for clarification of the court’s order regarding the consolidated cases. “Defendant’s request clarification regarding the deadline to respond to the complaints, and additionally request that they be permitted to seek partial dismissal of the complaint that Plaintiffs be required to amend the complaints based on, among other things, the recent decision of the Supreme Court in Fourth Estate Pub. Ben. Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881 (2019).” The court partially granted and partially denied defendant’s requests. The Court points out that in each of Plaintiff’s four operative complaints, Plaintiff refers to “pending copyright registration applications.” Under Fourth Estate, Plaintiffs do not have standing to assert copyright infringement claims for works where the applications remai...

Is it possible to testify against yourself in a trial in which you did not appear? Anthony Todd may find out soon enough. On Friday, September 27, 2019 Melissa Scott’s attorneys filed a Motion for Reconsideration regarding the denied injunction against Todd. In Scott’s proposed judgment it was requested that Todd be enjoined from further infringement, and among other things, for Todd to preserve every file of Dr. Scott’s works. Judge Klausner denied the injunction reasoning that Scott had not proven that Todd was likely to continue to infringe. He further denied the preservation of all files because that was not what the complaint requested. In Friday’s moving papers, Scott’s attorneys request the Judge reconsider his previous orders and issue the injunction. The documents contain screenshots of Posts by Todd wherein he is conversing with other people online in google groups and Facebook. In these posts Todd promises Scott that he will not stop sharing the files...

As mentioned here before, Scott requested the court to enter Anthony Todd’s default judgment. According to the court, default was entered against Todd on May 16, 2019. The default requested three things: 1) Statutory damages of $150,000.00 per infringed work 2) Attorney’s fees 3) permanent injunction against Todd. Judge Klausner decided not to award the statutory maximum and instead awarded $750.00 per infringed work. Klausner also decided to limit the relief sought to only those works which were already registered within the copyright office of the Library of Congress, at the time the claim was filed. That brought the total number of works infringed down from 408, originally sought by Dolores Press, to 298. That brings the total amount of damages to $223,500.00. Although this is not the amount sought by Dolores Press, it is still quite a bit of money. Furthermore, Todd has been ordered to pay attorneys’ fees totaling $8,070.00. This is a statutory amount. According to ...

In his FUMS #41 video Patrick Robinson gives another victory update. But is this an accurate report? It is correct that the court did rule on the motion for consolidation. This was a motion brought by Dolores/Scott and opposed by Robinson. Therefore, I cannot comprehend Robinson’s update. In the video, Robinson says a few things that are inaccurate: 1) The cases are being consolidated under his first case. 2) Robinson acts like this consolidation is a victory for his group. 3) The undisputed fact that “It is undisputed that Dr. Gene Scott permitted downloads and encouraged the sharing and distribution of his teachings.” The first point is false. The cases are being assigned under Dolores Press’ first filed case, as evidenced by the court’s order Granting Dolores Press’ Motion for Consolidation, document 164 filed on 08/13/2019 page 4 of 4, wherein the Judge ordered the cases be consolidated under: Dolores Press Inc. v Patrick Robinson, et al. 2:15-cv-02562-R-PLA. Furthe...