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


 
Forgot your password?
Username :
Password :

Poll

Did Microsoft pay too much ($2.5 billion) for Minecraft developer Mojang?:

Shout box

You're not permitted to post shouts.
Michael ChandraIn this context it would be women claiming they don't see a problem with the stuff, so stop claiming women don't like it!09/18/2014 - 5:00pm
Michael Chandra"You don't speak for me. I am not your shield. You cannot use me to defend your own opinion."09/18/2014 - 4:59pm
Michael ChandraAE, if we leave aside the falsehoods some use with the term, the idea is regarding minorities and such.09/18/2014 - 4:58pm
Michael ChandraKrono did just a bit earlier in the shoutbox prh99.09/18/2014 - 4:56pm
Andrew EisenI still don't get the what #notyourshield is supposed to mean. Who is unfairly using who as a shield for what?09/18/2014 - 4:43pm
prh99Didn't said anything about #notyourshield or it's origins. Assuming your comment was directed at me.09/18/2014 - 4:28pm
prh99Leigh Alexander is right though, no one has to cater to them (trolls). I think a lot of them would likely continue playing even if scantily clad women were omitted or protagonist was female.09/18/2014 - 4:21pm
Michael ChandraSo no, normal gamers feeling attacked was not what sparked #notyourshield and only a fool would suggest otherwise.09/18/2014 - 4:21pm
Michael Chandra#NotYourShield was kickstarted by 4chan people, so don't go and make nonsense claims about that.09/18/2014 - 4:20pm
prh99those toxic individuals conduct their trolling under. It could have easily been under the Men Rights banner etc, they are just generally unpleasant and angry people who can't stand people disagreeing with them. 09/18/2014 - 4:00pm
prh99The whole gamer identity is the scapegoat some have latched onto in the wake of gamergate. I am sure it will fade, only to be replaced with the next thing, it always is. I am not so sure removal of identity will fix the problem, it's just the banner..09/18/2014 - 3:55pm
E. Zachary KnightAs for the whole "death of gamer" thing, I am personally patiently waiting for the day when being a person who plays games is as much of an identity as a person who reads books, watches tv/movie, listens to music. It will happen.09/18/2014 - 2:42pm
E. Zachary KnightThought I would share this io9 article as a bit of a rebuttal to the earlier Spider-man/Spider-woman comparison: http://io9.com/10-stupid-arguments-people-use-to-defend-comic-book-sex-163638182409/18/2014 - 2:41pm
Papa MidnightKyle Orland's response: http://arstechnica.com/gaming/2014/09/addressing-allegations-of-collusion-among-gaming-journalists/09/18/2014 - 12:41pm
Papa MidnightJames, I say this as a person who has managed a gaming press website before: This article is horrendous sensationalism: http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/18/2014 - 12:41pm
Krono@james I never said you did. I was responding to Andrew's statement that he'd seen a mere two articles suggesting that the term gamer was tainted, by pointing him to a list of the articles that were more or less the orgin of the idea.09/18/2014 - 12:09pm
E. Zachary KnightBut james, you replied to my tweet when I tweeted about one of those articles. That is basically the same thing as writing an editorial on GP in support of it. ;)09/18/2014 - 12:04pm
james_fudgeNot only did we not write one, we didn't cover any of them either.09/18/2014 - 11:46am
KronoThe underlying suggestion most of the articles had that gamers supporting the issue were just the young men stereotype pissed off a lot of people, and sparked the #NotYourShield tag09/18/2014 - 9:41am
Krono@andrew Just two? The whole reason #GamerGate gained real traction was that 9 op-eds including arguments to that effect dropped in 24 hours: http://markdownshare.com/view/a524affd-e679-40be-8aa1-72058065dc2a09/18/2014 - 9:38am
 

Be Heard - Contact Your Politician