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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Andrew EisenMP - I love that games but damn my squadmates are bozos.09/21/2014 - 10:05pm
MaskedPixelanteSWAT teams should be banned until they; 1. Learn not to walk into enemy fire, 2. Learn to throw the flashbang INTO the doorway, not the frame and 3. Stop complaining that I'm in their way.09/21/2014 - 9:53pm
Craig R.I'm getting of the opinion that SWAT teams nationwide should be banned. This probably isn't even the most absurd situation in which they've been used.09/21/2014 - 9:26pm
Andrew EisenAnd, predictably, it encouraged more parody accounts, having the exact opposite effect than what was intended.09/21/2014 - 7:07pm
E. Zachary KnightThis is called a police state people. When public officials can send SWAT raids after anyone for any offense, we are no longer free.09/21/2014 - 6:41pm
E. Zachary KnightJudge rules SWAT raid tageting parody Twitter account was justified. http://www.theguardian.com/world/2014/sep/19/illinois-judge-swat-raid-parody-twitter-peoria-mayor09/21/2014 - 6:41pm
MechaTama31quik: But even if it did break, at worst it is only as bad as the powder. Even that is assuming that it is dangerous through skin contact, which is not a given if its delivery vehicle is a syringe.09/21/2014 - 4:30pm
MaskedPixelantehttp://www.forbes.com/sites/insertcoin/2014/09/20/isis-uses-gta-5-in-new-teen-recruitment-video/09/21/2014 - 4:25pm
quiknkoldSyringes can break. And in a transcontinental delivery, the glass could've broken when crushed. I work in a mail center. Shit like this is super serious09/21/2014 - 3:25pm
E. Zachary KnightIt doesn't matter what is inside the needle. As long as it requires him to take the step of purposefully injecting himself, the threat of the substance is as close to zero as you can get.09/21/2014 - 1:27pm
quiknkoldEzach: I'm not talking about the needle. I'm talking about what's inside. Geeze. Depending on what it is, the sender could be guilty of bioterrorism.09/21/2014 - 12:51pm
E. Zachary Knightquiknkold, No. That syringe is not worse than white powder or a bomb. The syringe requires the recipient to actually inject themselves. Not true for other mail threats.09/21/2014 - 12:49pm
Andrew EisenThe closest to a threat I ever received was a handwritten note slipped under my door that read "I KNOW it was you." Still no idea what that was about. I think the author must have got the wrong apartment.09/21/2014 - 12:28pm
InfophileThat's what they call it? I always called it hydroxic acid...09/21/2014 - 11:57am
MaskedPixelanteProbably dihydrogen monoxide, the most dangerous substance in the universe.09/21/2014 - 10:14am
james_fudgewell I hope he called the police so they can let us all know.09/21/2014 - 9:07am
quiknkoldIt's pretty gnarly. Depending on what it is, it could be worse than white powder or a fake bomb.09/21/2014 - 9:06am
james_fudgeI just looked it up on UPS.com09/21/2014 - 8:56am
james_fudgeand expensive for an American to ship to London.09/21/2014 - 8:55am
E. Zachary KnightThat is pretty scary. Would have been worse if it were a fake bomb or white powder.09/21/2014 - 8:49am
 

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