U.S. Magistrate Judge Revives Action in DiBiase Case; Attorney Shawn Mangano on the Hook

Just when you believed all bad things finally come to an end, such as the copyright troll known as Righthaven, the awful karma is whipped up again. In this instance, U.S. Magistrate Judge Peggy Leen revived a longstanding issue in Righthaven's lawsuit against Thomas DiBiase. The issue concerns attorney Shawn Mangano failing to respond to her previous orders. Leen wrote in her order Tuesday that Mangano has one last chance to file a required brief by Oct. 2 and to attend the Oct. 16 hearing.

Leen, in setting an Oct. 16 hearing in the case, wrote in her order Tuesday that the problems in the case developed as outside Righthaven attorney Shawn Mangano failed to respond to her orders in the case...
Failure to appear at the hearing will result in an order directed to the U.S. Marshal’s office to find and bring Mr. Mangano before the court. Failure to respond to this order by Mr. Mangano may result in sanctions, including contempt of court against Mr. Mangano," Leen wrote in her order.

See: VEGAS INC article in full

Righthaven Refuses to Turn Over its Copyrights to Court-Appointed Receiver for Auction

UPDATE 12/20/11: As expected, Righthaven filed an emergency appeal to the 9th U.S. Circuit Court of Appeals today to block the auction of its copyrights. Also as expected, the filing threw a few more burning trees into the bonfire raging between Righthaven and attorneys representing Wayne Hoehn, who seek $63,720 for his legal expenses after defeating Righthaven's copyright infringement case.

12/19/11
Court Asked to Step in After Righthaven Refuses to Comply with Auction

After Righthaven didn't comply by the close of business Monday, the deadline for compliance, Hoehn’s attorneys at Randazza Legal Group filed a new motion for a “writ of body attachment” asking that Righthaven CEO Steven Gibson and his wife, Raisha “Drizzle” Gibson, a Righthaven officer, be forced to appear in court by U.S. Marshals so they can execute the copyright transfers to the receiver at the threat of being held in contempt of court.

The new motion by Hoehn's attorneys reminds Righthaven:

Hoehn’s request for a writ of body attachment should come as no surprise to Righthaven, as it was specifically requested as a condition of non-compliance in the Defendant’s Motion (Doc. # 62 at 9). Also known as a writ of civil commitment or civil arrest, a writ of body attachment commands the U.S. Marshals to apprehend the people the Court wishes to bring before them in civil cases. Once executed, the U.S. Marshals will present the apprehended parties to the Court.

Also, on Friday, an attorney for Righthaven, Shawn Mangano, failed to appear during a telephone hearing for a case involving defendant Leland Wolf in the 10th U.S. Circuit Court of Appeals in Denver. The two attorneys representing the defendant, Andrew Contiguglia in Denver and Marc Randazza in Las Vegas, did appear for the telephone hearing and were not pleased by Mangano's absence.

See: Defendant's Motion For Writ of Body Attachment
See: Declaration in Support of Motion for Writ of Body Attachment
See: VEGAS INC article in full

Righthaven CEO Steven Gibson and His Wife (Chief Admin Officer) Asked to Explain Finances

Attorneys Seek to Examine Righthaven CEO about Company Finances

Attorneys trying to collect $63,720 in fees from Righthaven LLC stepped up the pressure Sunday, asking a court to require that Righthaven’s CEO and his wife be ordered to appear for an examination about the company’s finances.
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Hoehn’s attorneys at Randazza Legal Group of Las Vegas, in a Sunday U.S. District Court filing, said that in order to assist the Marshals Service in locating Righthaven assets, they want copies of Righthaven’s financial records and a judgment debtor’s examination of Righthaven CEO Steven Gibson, a Las Vegas attorney; and a woman they say is his spouse, Raisha Y. "Drizzle" Gibson, identified as Righthaven’s chief administrative officer.

See: VEGAS INC article in full