US Marshalls to Collect Righthaven Court Debt

November 2, 2011 -

Righthaven, the group that was trying to earn a living by suing websites for using the news stories and images of its clients (which included several Las Vegas Newspapers) has found itself on the wrong side of the law this week. The US Marshal for the District of Nevada has been authorized by a federal court to use "reasonable force" to seize the $63,720.80 in cash and/or assets after the company failed to pay a court judgment from August 15 and was late in filing an appeal.

Righthaven tried to make a name for itself by suing websites, bloggers, and forum posters over copied newspaper articles. While the company expected to win the several hundred lawsuits it filed, it failed miserably. In one particular case things went awry and a judge ordered them to pay court costs.

In August, the case Righthaven v. Hoehn was thrown out by a federal judge in Nevada, ruling that defendant Wayne Hoehn's complete copy of a newspaper article in a sub-forum on the site Madjack Sports constituted fair use. On August 15, the judge awarded $34,045.50 to the Randazza Legal Group, which represented Hoehn.

In an attempt to avoid paying that judgment the company filed a number of appeals, saying in court documents that being forced to pay the large judgment would put the company into bankruptcy.

But Righthaven failed to deliver its appellate court filing on time. Yesterday, Righthaven admitted that it missed the October 31 deadline for its opening brief in the case and said it was all a "misunderstanding." It asked the court for a few more weeks to write the brief, saying that its counsel was scheduled to undergo a surgical procedure.

Lawyers for Randazza said that the company was "prolonging the appellate process by deliberately creating a manufactured deadline crisis. It is nobody’s fault but Righthaven’s that it cannot file a single opening brief with this Court within the original briefing schedules Righthaven knew of, and could have reviewed at any time." While this happened the Randazza Legal Group was adding more fees to the earlier judgment.

Ultimately the appeals court refused Righthaven's request to delay its August judgment any further. With the money due last Friday extreme measures were taken yesterday. Randazza Legal Group went back to the Nevada District Court to request a Writ of Execution to use the court's enforcers, the US Marshals, to collect the money it was owed. The court clerk issued the writ, and Righthaven's $34,045.50 judgment jumped to $63,720.80 due to all the additional time in court.

"We're going to enlist the US Marshal in marking sure this court's order has some meaning," Marc Randazza told Ars Technica.

He adds that, if Righthaven does not have the cash in its bank accounts, the writ allows his firm to "identify to the US Marshal or his representative assets that are to be seized to satisfy the judgment/order."

Source: Ars Technica


 
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Consterwhy aren't "Video game players" an option on the poll? :P07/04/2015 - 5:19am
Andrew EisenThat was quick! Pretty accurate cosplay of the new Ghostbuster uniform and proton pack: https://twitter.com/mirabellemusing/status/61673135125394227207/03/2015 - 6:23pm
Matthew Wilson@mast I dont know, but I do know it got a cult fallowing here.07/03/2015 - 6:22pm
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
 

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