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

Will Target Australia sell the next GTA game upon its release?:

Shout box

You're not permitted to post shouts.
Andrew EisenI'd love to but I'm at work. But once I get home... I'm going to work out for a while. But after THAT... I'm going to shower. Then eat. Then prep tomorrow's meals. And THEN play video games! YEAH!!!07/31/2015 - 8:38pm
Big Permlol, ya'll are still going back and forth? Take a break and play some video games07/31/2015 - 8:37pm
Andrew EisenGoth - Are you using "cabal" to describe a group of writers or to suggest they all worked together in secret to publish those articles?07/31/2015 - 8:30pm
Andrew EisenMatt - That doesn't disprove the general premise of the various articles as that's not what they're about. Unless, again, he's talking about a different batch of articles.07/31/2015 - 8:28pm
Goth_SkunkThe difference between one voice being offensive and a cabal being offensive.07/31/2015 - 8:22pm
MechaCrashFunny how "you're offended, so what" flips into "we're offended, retract everything and apologize."07/31/2015 - 8:18pm
MattsworknameIts not the only argument he points out ,its just one of them07/31/2015 - 8:06pm
Mattsworknameidea that Gamers as the articel puts it, the "White male sterotype are dead, essentially was compltely false07/31/2015 - 8:03pm
MattsworknameThe video actually shows that the shaw study actually disproves the Premise of the artices by showing that the "Gamer" dentity, has no actual meaning to thsoe who use it other then "I play games", its not connected to race, gender, or orientation. So the07/31/2015 - 8:01pm
Andrew EisenWith the exception of a brief mention in Golding's Tumbr post. Even so, he's talking about gamer identity, not desire for diversity in gaming.07/31/2015 - 7:50pm
Andrew EisenI'm not calling his examination of the Shaw study into question. I haven't read the study nor seen his video. All I'm saying is that it has nothing to do with the Gamers Are Dead articles I've been referencing for the last year.07/31/2015 - 7:49pm
MattsworknameSome times sargon just goes off on tangents but in this case he was pretty direct and went through teh research in detail, did the whole first video about the shaw study itself07/31/2015 - 7:45pm
Andrew EisenWell, unless it's disingenuous twaddle but I like to give people the benefit of the doubt.07/31/2015 - 7:42pm
Andrew EisenGotta be. The argument you describe makes no sense otherwise.07/31/2015 - 7:40pm
MattsworknameThat is a possibility, they looked like offical articles but its possible they are different from the articles you mentoin07/31/2015 - 7:28pm
Andrew EisenNot unless he's referring to a completely different set of Gamers Are Dead articles.07/31/2015 - 7:19pm
MattsworknameIT is possibel the articles aren't readily visable or no longer show up on the sites diretly, as over time they might have been shuffled around to get them outta teh spot lights07/31/2015 - 7:18pm
MattsworknameThe video proves otherwise andrew, the links to shaws research are in the articles themselves07/31/2015 - 7:17pm
RedMageAs someone who writes extensively himself, I can see when writing has been influenced by boiling anger from a mile away.07/31/2015 - 7:12pm
RedMageI also didn't see Leigh Alexander's original article as an attack on gamers; it was just poorly written. She'd likely had a terrible day and was projecting the activities of gaming's vicious fringe onto "gamers" collectively, however you describe that.07/31/2015 - 7:11pm
 

Be Heard - Contact Your Politician