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c. staley
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Posted: Wed Sep 28, 2011 9:50 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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Every once in a while, I peruse the pacer tracking regarding these lawsuits from SC as well as the suit from CAVS and others.... Many of these suits are bogged down like a water buffalo in mud pit while the parties wrangle whatever deals/arguments they care to throw at each other. And over the last two years, there has been LOTS of speculation on "what they do" and "how they do it" by those on the sidelines. So in the interest of putting some of these rumors and other accusations to bed, I've done some digging.... just for fun to see how right or wrong the speculators have been. From a forensic standpoint of course. So let's take a look at a few of these lawsuits and see what the actual documentation can tell us. (For those of you that wonder (like WallOfSound) and demand everything be substantiated: Yes. I've paid for copies of the documents that I will be referring to below. If you'd like a copy, feel free to do your own investigative work and dig them up yourself, or simply contribute to the cost of the document(s) and I'll share the pdf file(s) with you.) Interestingly enough, is does seem to hold true that SC is enlisting competitors to do some of the work on these suits. And I'll speculate that it is done with the promise that they can take over the gigs, that it will give them some kind of advantage etc.... (Just makes me want all the more to face due west from Detroit and salute Troy in Muskegon.) QUESTION #1: Does SC use competitors in helping them sue competitors? #1. In a lawsuit filed in Florida earlier this year, the process server was a competitor.... who also is the owner of club. Who, at the time of service was not "certified" but now is.... who's small songbook consists of lots of Nutech and SGB. One must wonder how much "investigative involvement" this person had as well. This person served a NUMBER suits on competitors at no charge to SC. #2. The process server on another case was a young lady who "declared under penalty of perjury" that her fees for serving a defendant was... ZERO. Because she appears to be 1 of 10 KJ's for a multi-rigging competitor (below). Why can't I find people who will work for me free? #3. The process server on this next case appears to be a multi-rigger competitor who's KJ's are exclusively young females... that also serve suits like this gentleman.... FREE.... Suit filed in April and multi-rigger "certified" in August. QUESTION #2: Promises Broken, Evidence/discovery not disclosed or produced.#4. The Judge will decide what evidence will be allowed. RE: Federal Rules of Civil Procedure (26(a)) Discovery disclosure: In one of the first suits filed in AZ, as recently as September 2011, Defendant's discovery requests of the investigator's (an employee of SC) field report of the list of infringing songs has not been provided. SC is claiming that it is " protected by attorney-client privilege and work product immunity." Here's a snippet: Defendant's Motion in Limine wrote: The Plaintiffs “field report” is in no way protected, it may be fabricated. The Plaintiffs reveal the information in the field report except for one fact; the name of the songs played. How convenient for the Plaintiffs to not provide their “field report” after they have had an opportunity to review Defendant ******’s scanned images of karaoke discs containing songs that he owns. Even if the “field report” is protected by the work product doctrine, there is a substantial need for Defendant ****** to have this report and it would be an undue hardship to obtain it otherwise. During preparation for the Scheduling conference, Plaintiffs’ attorney assured Defendant ******’s counsel he would provide him with said reports. He did not. QUESTION #3: Is there any such thing as "Protection Money?"#5. Offer to buy your venues out of a lawsuit? In another Florida lawsuit, an unrepresented defendant in a written answer to the court stated that; Defendant's motion to dismiss wrote: I was asked to pay an additional $15,000 to remove venues I have worked at from the suit even though I do not represent these places. I am not opposed to reasonable settlement but this all seems like more than is being asked of other defendants so I ask that this case be dismissed. While this sounds absolutely ludicrous to me, there is evidence to support that the plaintiff (SC) did in fact, suggest that venues could be removed from the lawsuit for additional money (referred to as "consideration."): Plaintiff's (SC) Counsel wrote: Rather, [defendant] asked for terms that would allow him to perform karaoke shows at the venues that have been sued. He was informed that if he also wanted the claims against those venues to be dismissed, then he would need to provide additional consideration; otherwise, the Plaintiff would continue its suit against those venues. YOU BE THE JUDGE if you like on whether or not this changes your view or simply strengthens your views of either side of these arguments. And, you are welcome to get yourself a Pacer account and have at it if you like.
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timberlea
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Posted: Wed Sep 28, 2011 10:08 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Yawn. Another twisty road.
_________________ You can be strange but not a stranger
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c. staley
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Posted: Wed Sep 28, 2011 10:14 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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timberlea wrote: Yawn. Another twisty road. Right.... I forgot that 8 cents per page American is like 10 cents Canadian to take all the twists out of the road.... but it's just not as fun that way is it? Nice try.
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JoeChartreuse
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Posted: Wed Sep 28, 2011 10:31 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea wrote: Yawn. Another twisty road. Might be twisty, but as ALWAYS, substantiated by Chip- like it or not. The documents are self-supporting.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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diafel
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Posted: Thu Sep 29, 2011 2:11 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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JoeChartreuse wrote: timberlea wrote: Yawn. Another twisty road. Might be twisty, but as ALWAYS, substantiated by Chip- like it or not. The documents are self-supporting. Don't mind timberlea. He hasn't realized yet that he just stepped in it. Don't worry. The stink on his shoes will clue him in soon enough. PS. Nice work, c. staley.
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Paradigm Karaoke
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Posted: Thu Sep 29, 2011 4:33 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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hearsay........ what? speculation...... what? truth......... never.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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c. staley
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Posted: Thu Sep 29, 2011 4:38 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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Note the number of lurkers on this subject: This thread has been up only a few hours - mostly in the dead of night - and there have been 30 views.... and only a couple comments.....
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Lone Wolf
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Posted: Thu Sep 29, 2011 7:09 am |
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Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
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Nice work Chip, it's nice to see that someone that actually works in the law field (you and bird) take the time to find these things and let us know about them and in plain English not all the confusing lawyer speak.
Don't mind timberlea as he would argue with you if you said water is wet.
(see not a lurker)
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
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c. staley
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Posted: Thu Sep 29, 2011 9:11 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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Lone Wolf wrote: Don't mind timberlea as he would argue with you if you said water is wet. Nah, even Timberlea wouldn't do that.... but he would argue that Canadian water is "wetter."
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timberlea
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Posted: Thu Sep 29, 2011 11:27 am |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Lone, it all depends in what field of the law you work in. There are clerks, recorders, administrators, secretaries, non of whom need to study law in order to do their work. Then there are lawyers, paralegals, judges, and police officers who indeed need to both know and apply laws.
_________________ You can be strange but not a stranger
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mrmarog
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Posted: Thu Sep 29, 2011 12:00 pm |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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Where's Harrington on this one?
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birdofsong
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Posted: Thu Sep 29, 2011 12:17 pm |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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timberlea wrote: Lone, it all depends in what field of the law you work in. There are clerks, recorders, administrators, secretaries, non of whom need to study law in order to do their work. Then there are lawyers, paralegals, judges, and police officers who indeed need to both know and apply laws. Awesome. Thank you for acknowledging my paralegal background has some validity here.
_________________ Birdofsong
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Wall Of Sound
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Posted: Thu Sep 29, 2011 2:15 pm |
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Joined: Thu May 06, 2010 10:35 am Posts: 691 Location: Carson City, NV Been Liked: 0 time
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mrmarog wrote: Where's Harrington on this one? Probably preparing his response. He was on here lurking this past hour.
_________________ "Just Say NO, To Justin Bieber & His Beatle Haircut"
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Paradigm Karaoke
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Posted: Thu Sep 29, 2011 2:35 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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hearsay! sorry, couldn't resist
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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earthling12357
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Posted: Thu Sep 29, 2011 5:26 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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c. staley wrote: Lone Wolf wrote: Don't mind timberlea as he would argue with you if you said water is wet. Nah, even Timberlea wouldn't do that.... but he would argue that Canadian water is "wetter." Water does indeed have varying characteristics of hardness (mineral content) in different geographical regions. With hard water, soap solutions form a white precipitate (soap scum) instead of producing lather. Hardness can thus be defined as the soap-consuming capacity of a water sample, or the capacity of precipitation of soap as a characteristic property of water that prevents the lathering of soap. The total water hardness, including both Ca2+ and Mg2+ ions, is reported in parts per million (ppm) While the levels of hardness in surface water in Canada top out on average at around 220ppm, there are many more areas of the United States where surface water hardness levels exceed 1000ppm. Indeed Canadian water is wetter.
_________________ KNOW THYSELF
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Paradigm Karaoke
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Posted: Fri Sep 30, 2011 2:34 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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wow......i think you are now super geek....meant in the "you're smarter than i" type of way, not the "you get a super wedgie" kind of way
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Murray C
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Posted: Fri Sep 30, 2011 5:58 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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Ain't Google and Wikipedia wonderful things?
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mrmarog
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Posted: Fri Sep 30, 2011 7:22 am |
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Joined: Thu Jul 10, 2008 5:13 pm Posts: 3801 Images: 1 Location: Florida Been Liked: 1612 times
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So, earthling are you saying that Canadian water is soapier (soap is a surfactant) surfactants makes water wetter?
Just saying.....
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c. staley
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Posted: Fri Sep 30, 2011 7:23 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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timberlea wrote: Lone, it all depends in what field of the law you work in. There are clerks, recorders, administrators, secretaries, non of whom need to study law in order to do their work. Then there are lawyers, paralegals, judges, and police officers who indeed need to both know and apply laws. Lawyers, paralegals and judges do indeed need to both know and apply laws. Police officers do NOT "indeed need to know" nor are they qualified in CIVIL law, intellectual property, contract law, family law, real estate law, banking and insurance law and so forth. They are trained in CRIMINAL law and "order maintenance." They learn just enough to recognize "criminal action and civil disorder" which border on criminal charges - like a domestic abuse call which may lead to criminal battery charges, etc. Nice try.
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timberlea
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Posted: Fri Sep 30, 2011 9:00 am |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Which is still a heck of a lot more than a court reporter needs to know. But then you know about as much about policing as you do about law, which isn't much.
_________________ You can be strange but not a stranger
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