Ohio Judge Orders Cases Split

[rockfordpi]

It appears a judge in Ohio has ordered with some STRONG words, most of the 44 cases filed there by direct TV against multiple defendants to be dismissed. The judge dismissed, with leave to DTV to file seperate actions, all cases there against every Defendant except the first one named. 44 cases will now have to be expanded to 320 at the rate of $150 each ($48,000).

Here is the Judges ruling if I may take the liberty of posting a link here:

http://wumarkus.com/dtv/files/Ohio%20-%20General%20Order%202003-23.pdf

I have not read much here about that, but to me it seems like this is a BIG step in the right direction. This also seems like a very logical argument to make. Given with the recent victory regarding count 3 and USC 2512(1) which requires DTV to prove not only purchase possession, but also use, then there is no logical reason for trying 5 defendants together when each will have a different set of facts and evidence.

What does everyone else think about this? What do you think DTV will do given this scenario? Shouldn't Defendant's in every court be filing this way?

Just looking for discussion and feedback here, not giving legal advice.


http://wumarkus.com/dtv/files/Ohio%20-%20General%20Order%202003-23.pdf

[Dean_M_Love]

...it is possible that a crafty argument could be created alleging that this whole process by DTV is not one of litigation, but one of extortion to gain settlement money, which could be illustrated by their failure to file the cases individually, in order to reduce expenditures that would offset against any settlements they ultimately get (and coupled with the apparent fact that they drop the lawsuit once they detect any defense).

I see no reason why this decision could not be used in every other state to force DTV to spend hundreds of thousands extra in order to file seperately against every defendant.

At the end of the day, it helps to give DTV a black eye in front of the court, so that even if they have a legit claim, the Judge may choose to rule against them just because.

[woody2069]

this really illustrates just how risky dtvs assualt on end users are..

if dtv looses most of these cases, and looks like a corporate bully while doing it, it will be a public relations disaster. America is currently economically challenged, and coporate America is untrusted by the general population. if dtv fails against the end users or just looks bad at how they go after the people, then their stock will falter..

lets face it.. subscribers dont care about how or if dtv attacks piracy. investors dont want to be aligned with a corporate bully...

[lustinspace]

Now that dtv's extortion against consumers that purchased perfectly legal devices is starting to fray severely its about time for them to drop that tactic and go after decodernews premium members. They have more concise evidence, no issues about hardware, and another 2 year statute of limitations clock just starting. Given their penchant for grandstanding, I expect them to make a public announcement along with their mail campaign to start within the next month, that way their current disappointment will be forgotten easily.

[krazy4davestv]

that sounds like good news for the boys of the buckeye state. i just hope it is.;)

[imageguy2001]

Sometimes it just pays to be patient and let things run their course. I am suprised it took this long for a judge to stop the group lawsuits, I know I would not want my case bundled with a bunch of people I don't even know, who knows what they are into.

[Rydman313]

I'm just wondering how they'll handle the SOL being up on the 18 USC 2512 claims with the court-dismissed defendants if/when they refile, considering that there was no stipulation from the judge extending it beyond May 25........

[BrainDamage]

Also, don't over look the fact that it will take A LOT LONGER to sue people.

Instead of showing up in court for an hour or two and getting a judgement against 44 people at one time, the attorney will have to show up over and over and over...

It will take FOREVER to sue everyone...

[Rydman313]

Hehehehe:D
I hadn't thought of that little bonus!:D :gg

[Nicat23]

I would definately consider this to be a win. Thanks for the post!

[imageguy2001]

I believe that since the original case already started the process then the SOL requirement has already been met, since the cases were dismissed without prejudice (they didn't win or lose) then dave has one year to refile.

[Rydman313]

I'm not so sure. I was under the impression that because they were dismissed without prejudice, DirecTV was back to square one, meaning that if they were to include the expired Title 18 claims in any refiling of the dismissed defendants, there would be automatic grounds for dismissal for those claims due to untimely filing. The only reason that the judge is making them identify any refilings with the original case number in the "related cases" section is to assist the court in the assignment of Magistrate/Judge, I don't believe that they can point to the original case date for the sol requirement. The 47 USC 605 claim would be untouched, of course, since it still has a year left on it.......

[930]

in the spirit of making this as painful to dave as possible, what if someone were to draft a form motion from the one that was successful here and start anonomously submitting that motion in every case that has the multiple defendants? at the least, if someone as access to that motion, maybe it could get posted and then everybody getting sued could just cut and paste themselves into it. at least you can force dave to spend some money on the case before you have to hire a lawyer. from what i have read that might be enough to get him to leave you alone.

this also made me think that maybe there could be a sticky created that has sample pleadings culled from the cases that have already started.

anyway, its real easy to make suggestions. props to those who are actually making some contributions, like posting the pacer dockets.

[VANCE PETE]

Don't you believe we should, join in the Class Action Suit against the Big Boys? The ones getting the "Draft" from Daves lawers, that is!
F___ DTV.

[SoulPower]

YOU CAN TAKE THAT CONFEDERATE FLAG AND SHOVE IT UP YOUR ROOTER TOOTER!

[krazy4davestv]

does the judges ruling effect everyone in ohio that has been served a summons?
my 20 days to answer started on 5/29/03.
the summons was left with an employee.
i wonder if "bootloader kits" that are shipped unassembled would be considered "illegal devices". since they are unassembled they are not able to decrypt any signal.

[crownvic]

Originally posted by krazy4davestv
does the judges ruling effect everyone in ohio that has been served a summons?
my 20 days to answer started on 5/29/03.
the summons was left with an employee.
i wonder if "bootloader kits" that are shipped unassembled would be considered "illegal devices". since they are unassembled they are not able to decrypt any signal.

This was in NORTHERN DISTRICT OF OHIO,so if you are in that district then you would more than likely be affected..
To answer your second question,I don't think DTV ever denied there could be other uses for some of the items that where shipped,question here is did people use these devices to steal their signal.. You may have bought them for parts to do some electronic project and it may have been cheaper to buy it that way than to buy each individual component.. Of course you may have to prove that.:Z

[Lager]

Yes it does affect people who have already been served. If you were not the first name on your suit dave will have to refile on you again. As a side note, Ohio is not the first place to do this to dave but most of the folks here would rather have you think that of the 4059 cases open (some of them well over 18 months old) are all 5-15 people listed on each. Everyone should have more than one source for your information and you can best decide what is fact and what is smoke and mirrors.

(edit) this is assuming you live in the area that the order was signed for :)


Lager

[crownvic]

Lager,
I would be interested in looking at the other Judges that have ordered this, can you please attach the the official court orders in zip or pdf.
Or pm me the link,but I'm sure other folks would like to view them also.
thanks.

[BuckeyeLover]

Thanks for posting this Rockfordpi. Although I have my very own copy to look at. I'm glad you beat me to the punch. It seems that it's going to get a lot more expensive for Dave to sue us Buckeye's up north. Hope this becomes a discouraging factor in them filing more of these lawsuits... Good Luck to all of us paddling this boat.

[orvil01]

hmmm i wonder if i got in contact with the judge handling the cases in my area, posed as a concerned tax paying citizen, showed this pdf file, and said that this has me concerced that dtv is abusing the court system yada yada yada, or would this have to be done in a more paperwork type of manner?

[Lager]

Originally posted by crownvic
Lager,
I would be interested in looking at the other Judges that have ordered this, can you please attach the the official court orders in zip or pdf.
Or pm me the link,but I'm sure other folks would like to view them also.
thanks.

All of the actual rulings that were posted went away when dssware went down. I will look around for a copy of it. It was in the state of Florida. Florida is one of the states that dave is using as a whipping post anyways but when they started having to file one name per suit it really made it appear that FL was being picked on even more. If anyone from dssware has the judge's ruling from the FL court feel free to post it.

Lager

[crownvic]

Thankyou Lager,
If anyone can find these I would apprieviate a PM or if you want to post them it will just fine.
If they are to large to upload we can arrange something.
Vic.

[imageguy2001]

Originally posted by krazy4davestv
does the judges ruling effect everyone in ohio that has been served a summons?
my 20 days to answer started on 5/29/03.


The PDF file linked in the first post has the cases that this ruling effects, I would say if your case is listed and you are not the first defendent then you are off the hook.

[NotHome]

Play it safe, even if you are effectd by this ruling, file your response on time.

Use this ruling as a defense in your response. If you are not effected by this ruling (not listed) but are not the top billed defendant, try to use this as leverage.

NotHome

[krazy4davestv]

i have already contacted an attorney to file my response and all the process to pre-trail. his fee $1000.00. i also printed out a copy of the ruling from the northern district for him to see if he could apply it to the cases filed in the southern district.
thanks to all that post. information is vital.

[safety]

Does anyone know what would happen if you receive a summons at the door and it asks for your response within 20 days. It states to consent, not to consent, or have case reassigned for trial. I have my response typed up, and about ready to send stating a denial of appearence before the judge and that the suit should be dropped since I did not live there when the devices were said to have been shipped there. Something to that line is what I said, and constantly refering to everything they way they did in the summons. All the summons asks for is a response. So I respond deny trial before judge and drop suit based on attached proof of residence. Anyone have any thoughts.

Safety

[slowpok]

safety

There are web sites that describe what is needed to respond. Go to

http://forums.wumarkus.com/viewforum.php?f=7

and ask this question..I don't have the site handy but people there do.

Southern Ohio is a bit more conservative than northern but I hope the best for us southerners and that we follow suit.

I'm editing because I found a site.

http://www.nwjustice.org/docs/205.html

Still visit wumarkus.com though. Best of luck

[krazy4davestv]

could someone point me in the direction to see how the district court assigns cases. is it by geographic location?
i noticed on my summons that there were 12 individuals and 10 john does named. some were from the western part of the state and some were from the eastren part of the state, and some from the southern part of the state. how could we all be in the same district?