Judge John L Kane of the Federal Court of the District of Colorado has denied Righthaven's motion to grant a three week extension to respond to Brian Hill's motion to dismiss that was submitted to the court by his attorney David Kerr.
In Judge Kane's denial to extend he issued a scathing rebuke against Righthaven stating his court will not be used as a tool to encourage and exact settlements from defendants who may be intimidated due to the high cost of litigation and potential liabilities. Thus cutting to the heart of Righthaven's business model.
See: Judge Kane's ruling
The Judge also stated that after Righthaven responds this case will not proceed further until he rules on the motion to dismiss which is a good sign he will grant the motion.
The Judge appears to have little patience for Righthaven and their business model. This is consistent with Federal Judges in Nevada who have not been kind to Righthaven. Federal Courts do not like being used for profiteering and this ruling is another sign that Righthaven has a lot of trouble ahead in the courts.
See: Related VEGAS INC article
In Judge Kane's denial to extend he issued a scathing rebuke against Righthaven stating his court will not be used as a tool to encourage and exact settlements from defendants who may be intimidated due to the high cost of litigation and potential liabilities. Thus cutting to the heart of Righthaven's business model.
See: Judge Kane's ruling
"the courts are not merely tools for encouraging and exacting settlements from Defendants cowed by the potential costs of litigation and liability."The very fact that Righthaven requested an extension suggests they are having difficulty answering David Hill's dismissal petition by David Kerr and are stalling for time in hopes of strong arming some kind of settlement which, according to court documents, they are far from getting.
The Judge also stated that after Righthaven responds this case will not proceed further until he rules on the motion to dismiss which is a good sign he will grant the motion.
The Judge appears to have little patience for Righthaven and their business model. This is consistent with Federal Judges in Nevada who have not been kind to Righthaven. Federal Courts do not like being used for profiteering and this ruling is another sign that Righthaven has a lot of trouble ahead in the courts.
See: Related VEGAS INC article
I for one am very impressed with this judge and with the court system. It is obvious that Righthaven has found a legal extortion scheme, and now our judicial system is finding out about Righthaven.
ReplyDeleteThis is very good news. Colorado is sending a message to Righthaven they are not welcome there.
ReplyDeleteJudge Kane ought to be about sick if this jerk by now. It just goes on and on and on....
ReplyDeleteRighthaven LLC v. Wolf et al
Filed: March 31, 2011 as 1:2011cv00830
Plaintiff: Righthaven LLC
Defendants: It Makes Sense Blog and Leland Wolf
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. BuzzFeed, Inc. et al
Filed: March 30, 2011 as 1:2011cv00811
Plaintiff: Righthaven LLC
Defendants: BuzzFeed, Inc., Gavon Laessig and Jonah Peretti
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Iconix Brand Group, Inc. et al
Filed: March 30, 2011 as 1:2011cv00820
Plaintiff: Righthaven LLC
Defendants: Iconix Brand Group, Inc., Monique Balcarran and Roc Apparel Group LLC
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. A Small Corner of Sanity et al
Filed: March 28, 2011 as 1:2011cv00794
Plaintiff: Righthaven LLC
Defendants: A Small Corner of Sanity and Christopher Szaz
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Rosekrans
Filed: March 28, 2011 as 1:2011cv00793
Plaintiff: Righthaven LLC
Defendant: Neil Rosekrans
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Uberpix.net et al
Filed: March 28, 2011 as 1:2011cv00795
Plaintiff: Righthaven LLC
Defendants: Hetal Jannu and Uberpix.net
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Bjorklund et al
Filed: March 25, 2011 as 1:2011cv00775
Plaintiff: Righthaven LLC
Defendants: Rachel Bjorklund and Thoughts From A Conservative Mom
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Gardner
Filed: March 25, 2011 as 1:2011cv00777
Plaintiff: Righthaven LLC
Defendant: Eriq Gardner
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Luke
Filed: March 25, 2011 as 1:2011cv00776
Plaintiff: Righthaven LLC
Defendant: Alicia F. Luke
Presiding Judge: John L. Kane
Cause Of Action: Copyright Infringement
Court: Tenth Circuit > Colorado > District Court
Type: Intellectual Property > Copyrights
Righthaven LLC v. Shining Sea Communications, Inc. et al
Filed: March 25, 2011 as 1:2011cv00774
Plaintiff: Righthaven LLC
Defendants: Alaska Travelgram, Scott Douglas McMurren and Shining Sea Communications, Inc.
Presiding Judge: John L. Kane
http://dockets.justia.com/search?query=righthaven&search=Search&stateorcourt=&judge=&lawsuittype=&documentfilter=allcases&after=&after=
Yes Judge Kane is hearing all the cases revolving Righthaven and there is the REAL possibility he is going to dismiss every last one.
ReplyDeleteWe are witnessing the downfall of this so-called business model (The Scam). The outlook for Brian's case looks excellent.
ReplyDeleteAnyone know the relevancy of the "Requirements" of Klingele v. Eikenberry and Rand v. Rowland as to my [23] MOTION to dismiss in my pro se case might be.
ReplyDeleteRighthaven LLC v. Michael Leon; Civil Action No 2:10-CV-01672-GMM-LRN; (Case No.: 2:10-cv-01672)
malleon@live.com