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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TechnogeekI'll be honest. I mostly just wanted an excuse to use that line.07/02/2015 - 1:13pm
Andrew EisenIt's long scrolled out of the Shout box so here's the article in question if anyone wants to read it: http://www.wired.com/2015/06/rape-scenes/07/02/2015 - 1:05pm
Andrew EisenOh come now, I don't believe Goth said the Wired author shouldn't be allowed to say what he claims she said.07/02/2015 - 1:04pm
TechnogeekWhich really makes it seem like Goth_Skunk's complaints are nothing more than...(•_•) (-•_•)>⌐■-■ (⌐■_■)...crocodile tears.07/02/2015 - 12:22pm
TechnogeekYou know, despite often as I've seen Gators conflate criticism and censorship, it's still kind of ridiculous to see "YOU SHOULDN'T BE ALLOWED TO SAY THAT" as a response to "you probably shouldn't say that unless you can do it well".07/02/2015 - 12:22pm
Andrew EisenI get the feeling Nintendo suspected the same thing would happen with the Wii U.07/02/2015 - 12:16pm
Andrew EisenMecha - Yeah, pretty much the only way you're getting away with a console that's a full technological generation behind is if it become's a full-blown pop-culture phenomenon like the Wii.07/02/2015 - 12:16pm
Infophile(cont'd) That's basically what the article is saying about rape. If you don't know enough about it to handle it well, it's a bad idea to do it, as you'll probably do it poorly.07/02/2015 - 12:06pm
Infophile@Goth, EZK: For example, I could very well try to write a book about the difficulties of living with Fibromyalgia. No one would stop me. However, since I don't know a thing about living with fibromyalgia, writing a book about it would be a very bad idea.07/02/2015 - 12:05pm
MechaCrashI just hope they realize that part of the problem with the Wii U was its relative lack of power. You can still make good games with what the Wii U has, but third parties won't want to deal with it when they can target the more popular PS4/XB1.07/02/2015 - 10:59am
Andrew EisenReplace "NX" with "QOL" and I'd buy it as potentially true.07/02/2015 - 10:51am
Andrew EisenNintendo to start manufacturing NX in October to target a July 2016 launch with 20 million consoles shipped the first year. Sure... http://www.digitimes.com/news/a20150702PD204.html07/02/2015 - 10:47am
james_fudgeLet's avoid name calling in the shoutbox07/02/2015 - 8:55am
E. Zachary KnightThe Daily WTF has a nice run down of some of the impact to software that the US Supreme Court ruling on gay marriage has. http://thedailywtf.com/articles/i-m-not-married-to-the-idea07/02/2015 - 7:45am
MechaCrashGee, how did people ever get the idea Gaters are morons who argue in bad faith? It's such a mystery.07/02/2015 - 7:03am
E. Zachary KnightGoth, again, no one is saying that we shouldn't be writig uncomfortable subject matter. What people are saying is that chances are you are going to write it poorly so it would be better to not have done it at all.07/02/2015 - 7:00am
Goth_Skunkdiscussed or portrayed in an expressive medium. Such an opinion only serves to stifle discussion. And as I said before, the only thing not worth talking about is what shouldn't be talked about.07/02/2015 - 6:50am
Goth_Skunk@Info: The same reason why I would entertain the notion that the Wired article writer could be right: Curiosity. Except in this case, I'm not curious at all. I'm not interested in hearing anyone's opinion on why uncomfortable subject matter shouldn't be07/02/2015 - 6:49am
IvresseI think the problem with the Batmobile is that they made it a core aspect of the game that you have to do continuously. If it was basically a couple of side games that were needed for secret stuff or a couple of times in the main game, it would be fine.07/02/2015 - 5:38am
Infophile@Goth: If you're not willing to entertain the idea you might be wrong, fine. That's your right. But why should anyone else entertain the idea that you might be right? If they go by the same logic, they already know you're wrong, so why listen to you?07/02/2015 - 3:53am
 

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