11:29AM

Linda Ellis Using New Scare Tactic - Kalka & Baer Sending Out "Sample" Lawsuit

Thanks to all of you, we've put a big dent in Linda Ellis's extortion scheme. Her newest lawfirm - she's used 3 different firms in 3 years - is now sending out "sample" lawsuits to Ellis's targets. I guess they hope to monetize The Dash too. Good luck. This firm is joining Ellis at the end of the money trail. The Dash extortion racket is just about over.

Like John W.Jolin's legal looking letters, the documents are filled with errors and misrepresentations. The truth is a concept that seems to be lost on Linda, Jolin and Kalka & Baer. We know Getty Images attorney, Timothy McCormack actually creates "facts" to make cases and has been reported to the Washington State Bar Association repeatedly for doing just that. Apparently Kalka & Baer hope to get away with the same shenanigans. Ellis and her entire extortion team should wake up and smell the roses. Lurking in the shadows is no longer an option. Victims and targets are telling.

Jolin's letters include the same warning Kalka & Baer is now using:

"Were my clent to resort to the courts, copyright law provides for statutory damage is up to $30,000.00 per infringement plus reasonable attorney's fees, which are authomatically granted. If the infringement were found to be willful, statutory damages can be as high as $150,000.00"

This old threat that worked for years, but no longer has any punch. The sky is not falling friends. And nobody who shares that stupid poem willfully infringed on Ellis's meager licensing income. Of course, one day, if we do end up in court, we will finally see those financial records showing Ellis's licensing income versus her extortion income. I doubt 25 people have ever paid a licensing fee to Ellis. The poem has to be on a coffee cup or garden nome to be salable. And not one person I've ever spoken too has ever resold the poem. They simply shared it and nothing more.

May I remind Kalka & Baer that the one lawsuit Ellis filed and finally won in the Federal Courts was by default and filed in October of 2003.  A decision was not made until January of 2006. Ellis won because her target was a thug and failed to show up to court - repeatedly.  Linda never collected the $150,000 judgment and her attorney, Kitchens Kelley and Gaines and Wilcox & Savage never collected $114,000 in attorney fees. Mark A. Kelley had to settle with Linda Ellis for an undisclosed amount of money. Does Kalka and Baer have the resources to battle a Federal Case? Further, should one of Ellis's target actually end up in court, does Kalka & Baer believe they can convince a jury that a beloved local hero who read the poem at a charity event and then captured the stupid poem in print and video is now a criminal along with the posting source? Kalka & Baer must know by now that like Adam Corolla and his fight to Patent Trolls and their lies and abuse, I have no plans of backing down from this abusive troll either.

My offer still stands. Anyone who has posted the poem in a blog, read it on video or on audio, shared it in a funeral program, or put it in a newsletter and is being targeted by Ellis:

  • I will personally raise the money for your attorney fees, travel expense and expert testimony.
  • I will pay my own expenses to travel to the proceedings-should the case actually make it to court.
  • I will provide over 3000 documents as evidence. Most of the evidence in Linda's own words.
  • I will provide a 6 member research team to support the attorney.

The only caveat is that the attorney and target must be willing to go public and publish all legal filings, personal story and witness accounts.

For fun, I am posting the timeline of Ellis' case against Eric J. Aronson below. Remember Aronson made a deal with Ellis for $350 to include The Dash in a work book way back in 2002. He never paid her. He committed Willful Infringement. We posted a stupid poem on the internet. This is called Fair Use. As a side note, Linda has to PROVE Willful Infringement. This a very difficult aspect for her to prove. Might explain why she has never gone to court since the Aronson case.  That guy had a deal upfront and he lied to her repeatedly.  Aronson is a con artist and is now sitting in the Brooklin MDC Federal Prison for his most recent ponzi scheme-not copyright infringement.He lies as much as Ellis and Jolin. They deserve each other.

Here is the timeline of that case: LINDA M. ELLIS d/b/a Linda's Lyrics. Plaintiff v. ERIC J. ARONSON and DASH SYSTEMS, INC. Defendants. The documents for this case are availalbe on line. Here is the link and the list. Read from the bottom up.

http://aprilbrown.squarespace.com/display/configuration/GeneralStorage?directoryId=2955035&sort=title-ASC

PDF 87 Filed: 1/5/2006, Entered: None

Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re: 63 Notice of Appeal filed by Linda M. Ellis. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 01/09/2006)


PACER 86 Filed: 1/5/2005, Entered: None

Appeal Record Returned: 63 Notice of Appeal Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 01/09/2006)


PACER 85 Filed: 10/28/2005, Entered: None

USCA Acknowledgment of 1 supplemental vol. pleading (exhibits) re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/31/2005)


PACER 84 Filed: 10/31/2005, Entered: None

USCA Acknowledgment of record on appeal re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/31/2005)


PACER 83 Filed: 10/31/2005, Entered: None

USCA Acknowledgment re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/31/2005)


PACER 82 Filed: 10/21/2005, Entered: None

Certified and Transmitted Record on Appeal to US Court of Appeals re 63 Notice of Appeal Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/21/2005)


PACER 81 Filed: 10/21/2005, Entered: None

Certified copy of CERTIFICATE OF READINESS transmitted to USCA re 63 Notice of Appeal. Case Appealed to USCA Case Number 05-13347-J (fem) (Entered: 10/21/2005)


PACER 80 Filed: 10/20/2005, Entered: None

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Mark Alan Kelley. (sjk) (Entered: 10/20/2005)


PACER 79 Filed: 10/19/2005, Entered: None

AFFIDAVIT of Brett A. Spain by Linda M. Ellis. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit A to 15# 17 Exhibit B to 15 - Part 1# 18 Exhibit B to 15 - Part 2# 19 Exhibit C to 15# 20 Exhibit D to 15# 21 Exhibit E to 15# 22 Exhibit F to 15# 23 Exhibit G to 15# 24 Exhibit H to 15# 25 Exhibit I to 15# 26 Exhibit J to 15# 27 Exhibit K-1 to 15# 28 Exhibit K-2 to 15# 29 Exhibit K-3 to 15# 30 Exhibit K-4 to 15# 31 Exhibit K-5 to 15# 32 Exhibit K-6 to 15# 33 Exhibit K-7 to 15# 34 Exhibit K-8 to 15# 35 Exhibit K-9 to 15# 36 Exhibit K-10 to 15# 37 Exhibit K-11 to 15# 38 Exhibit K-12 to 15# 39 Exhibit K-13 to 15# 40 Exhibit 16# 41 Exhibit 17# 42 Exhibit 18# 43 Certificate of Service)(sjk) (Entered: 10/20/2005)


PACER 78 Filed: 10/12/2005, Entered: None

FORTHWITH LETTER from USCA re: 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Eleventh Circuit Case Number 05-13347-JJ. Appeal Record due by 10/24/2005. (ckd) (Entered: 10/12/2005)


PACER 77 Filed: 9/8/2005, Entered: None

USCA Acknowledgment of certificate of readiness re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 09/13/2005)


PACER 76 Filed: 9/1/2005, Entered: None

Certified copy of CERTIFICATE OF READINESS transmitted to USCA re 63 Notice of Appeal. Case Appealed to USCA Case Number 05-13347-J. (3 vol. pleadings, 1 transcript) (fem) (Entered: 09/01/2005)


PACER 75 Filed: 7/29/2005, Entered: None

CLERK'S JUDGMENT in favor of Plaintiff and against Defendants in the amount of $150,000 statutory damages, plus $114,066.73 attorneys' fees. (sjk) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 07/29/2005)


PACER 74 Filed: 7/28/2005, Entered: None Court Filing

TRANSCRIPT of Damages Hearing Proceedings held on 5/9/2005 before Judge Richard W. Story. Court Reporter: Sharon D. Upchurch. Certificate of Readiness due on 8/11/2005 (sjk) (Entered: 07/29/2005)


PACER 73 Filed: 7/13/2005, Entered: None

Financial Arrangements Completed re 63 Notice of Appeal filed by Linda M. Ellis. Case Appealed to USCA Case Number 05-13347-J. Transcript due by 8/12/2005. (fem) (Entered: 07/15/2005)


PACER 72 Filed: 7/14/2005, Entered: None Court Filing

ORDER DENYING 56 Motion for Order to Show Cause and GRANTING 57 Motion for Attorney Fees. Plaintiff is entitled to collect from Defendants attorneys' fees and costs in the amount of $114,066.73. Signed by Judge Richard W. Story on 7/14/2005. (sjk) (Entered: 07/14/2005)


PACER 71 Filed: 7/14/2005, Entered: None Court Filing

Minute Entry for proceedings held before Judge Richard W. Story : Motion Hearing held on 7/14/2005 re 56 MOTION for Order to Show Cause filed by Linda M. Ellis,. (Court Reporter Sharon Upchurch.)(rag) (Entered: 07/14/2005)


PACER 70 Filed: 7/11/2005, Entered: None Court Filing

ORDER GRANTING 67 Motion for Hearing and Additional Relief. Hearing set for 7/14/2005, at 9:00 AM in Courtroom 2105 before Judge Richard W. Story.The Court RESERVES RULING on Plaintiff's 56 Motion for Order to Show Cause and 57 Motion for Attorney Fees. Signed by Judge Richard W. Story on 7/11/2005. (sjk) (Entered: 07/11/2005)


PACER 69 Filed: 6/24/2005, Entered: None Court Filing

TRANSCRIPT ORDER FORM by Linda M. Ellis for proceedings held on May 9, 2005 before Judge Story re 63 Notice of Appeal, Court Reporter: Sharon Upchurch. Case Appealed to USCA Case Number 05-13347-J. Financial Arrangements due on 7/11/2005. (fem) (Entered: 06/27/2005)


PACER 68 Filed: 6/22/2005, Entered: None

USCA Acknowledgment re 63 Notice of Appeal filed by Linda M. Ellis. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 06/27/2005)


PACER 67 Filed: 6/21/2005, Entered: None

MOTION for Hearing re 66 Affidavit OF CONRAD M. SHUMADINE by Linda M. Ellis. (Kelley, Mark) (Entered: 06/21/2005)


PACER 66 Filed: 6/17/2005, Entered: None

AFFIDAVIT OF CONRAD M. SHUMADINE by Linda M. Ellis. (Kelley, Mark) (Entered: 06/17/2005)


PACER 65 Filed: 6/15/2005, Entered: None Court Filing

ORDER GRANTING 60 Motion for Extension of Time to File Notice of Appeal for 30 days. Signed by Judge Richard W. Story on 6/15/2005. (sjk) (Entered: 06/16/2005)


PACER 64 Filed: 6/15/2005, Entered: None

REPLY BRIEF re 57 MOTION for Attorney Fees [NOTE: EXHIBIT "B" too voluminous to file electronically - therefore Motion with all exhibits is being physically filed as well] ["REPLY MEMORANDUM IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND COSTS"] filed by Linda M. Ellis. (Kelley, Mark) (Entered: 06/15/2005)


PACER 63 Filed: 6/14/2005, Entered: None

NOTICE OF APPEAL as to 55 Order, by Eric Aronson and Dash Systems, Inc. Filing fee $ 255, receipt number 538280. Transcript Order Form due on 6/28/2005 (fem) Modified on 6/15/2005 to correct filer. (fem). (Entered: 06/15/2005)


PACER 62 Filed: 6/14/2005, Entered: None

BRIEF in Opposition to 57 MOTION for Attorney's Fees filed by Eric J. Aronson and Dash Systems, Inc. (sjk) (Entered: 06/15/2005)


PACER 61 Filed: 6/10/2005, Entered: None

Brief in Opposition to 56 MOTION for Order to Show Cause filed by Eric J. Aronson, Dash Systems, Inc.. (dcs) (Entered: 06/14/2005)


PACER 60 Filed: 6/1/2005, Entered: None

MOTION for Extension of Time to File Notice of Appeal and Supporting Memorandum by Eric J. Aronson and Dash Systems, Inc. (sjk) (Entered: 06/01/2005)


PACER 59 Filed: 6/1/2005, Entered: None Court Filing

NOTICE of Hearing on Motion re: 56 MOTION for Order to Show Cause.Motion Hearing set for 6/9/2005 02:30 PM in Courtroom 2105 before Judge Richard W. Story. (rag) (Entered: 06/01/2005)


PACER 58 Filed: 5/31/2005, Entered: None

EXHIBIT B to 57 MOTION for Attorney Fees by Linda M. Ellis. (sjk) (Entered: 06/01/2005)


PACER 57 Filed: 5/31/2005, Entered: None

MOTION for Attorney Fees [NOTE: EXHIBIT "B" too voluminous to file electronically - therefore Motion with all exhibits is being physically filed as well] by Linda M. Ellis. (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# 3 Bill of Costs)(Kelley, Mark) (Entered: 05/31/2005)


PACER 56 Filed: 5/31/2005, Entered: None

MOTION for Order to Show Cause by Linda M. Ellis. (Attachments: # 1 Affidavit Affidavit of Conrad M. Shumadine in Support of Motion to Show Cause)(Kelley, Mark) (Entered: 05/31/2005)


PDF 55 Filed: 5/19/2005, Entered: None Court Filing

ORDER awarding statutory damages on Count I of Plaintiff's Complaint in the amount of $150,000. The Court exercises its discretion in favor of awarding Plaintiff costs and attorney's fees pursuant to 17 USC 505. Plaintiff is DIRECTED to comply with the procedures established in LR 54.2 NDGa to assist the Court in fixing the appropriate amount of such an award. Defendants are hereby permanently ENJOINED, for the life of the copyright of the Work, from further infringement of the copyrighted Work. The Court concludes that the relief provided above is sufficient to make Plaintiff whole and to deter Defendants from engaging in further unlawful misappropriation of Plaintiff's intellectual property. Signed by Judge Richard W. Story on 5/19/2005. (sjk) (Entered: 05/20/2005)


PACER 54 Filed: 5/9/2005, Entered: None Court Filing

Minute Entry for proceedings held before Judge Richard W. Story: Damages Hearing held on 5/9/2005. Witness Linda M. Ellis sworn and testified. Plaintiff's Exhibits 1 through 15 ADMITTED. Defendant's Exhibits 1 through 3 ADMITTED. The Court takes the Plaintiff's 33 Motion for Default Judgment UNDER ADVISEMENT. (Court Reporter Sharon Upchurch.)(sjk) (Entered: 05/11/2005)


PACER 53 Filed: 5/9/2005, Entered: None Court Filing

ORDER granting 52 Application for Admission Pro Hac Vice: Brett A. Spain . Signed by Judge Richard W. Story on 5/9/05. (rag) (Entered: 05/09/2005)


PACER 52 Filed: 5/4/2005, Entered: None

APPLICATION for Admission of Brett A. Spain Pro Hac Viceby Linda M. Ellis.Filing Fee received: $150.00; Receipt #536634. (Attachments: # 1 Text of Proposed Order)(sjk) (Entered: 05/06/2005)


PACER 51 Filed: 5/4/2005, Entered: None Court Filing

ORDER DENYING 42 Motion for Leave to File Motion for Reconsideration of Nov. 22, 2004 Order Striking Defendants' Pleadings. The Clerk is DIRECTED to remove 44 Motion for Continuance from the pending motions list, as the matter has already been addressed by the Court. Signed by Judge Richard W. Story on 5/4/2005. (sjk) (Entered: 05/04/2005)


PACER 50 Filed: 4/29/2005, Entered: None Court Filing

NOTICE of Hearing: Hearing set for 5/9/2005 03:00 PM in Courtroom 2105 before Judge Richard W. Story. (rag) (Entered: 04/29/2005)


PACER 49 Filed: 3/24/2005, Entered: None Court Filing

CONSENT ORDER as to scheduling conflict with the damages hearing set for 3/24/05. Signed by Judge Richard W. Story on 3/23/05. (rag) (Entered: 03/24/2005)


PACER 48 Filed: 2/18/2005, Entered: None Court Filing

NOTICE of Hearing: Hearing set for 3/24/2005 02:30 PM in Courtroom 2105 before Judge Richard W. Story. (rag) (Entered: 02/18/2005)


PACER 47 Filed: 1/13/2005, Entered: None Court Filing

ORDER granting 46 Application for Admission for Gary A. Bryant, Pro Hac Vice . Signed by Judge Richard W. Story on 1/13/05. (epm) (Entered: 01/14/2005)


PACER 46 Filed: 12/29/2004, Entered: None

APPLICATION for Admission of Gary A. Bryant, Pro Hac Vice filed by Linda M. Ellis.Filing Fee received $150.00, Receipt #531567. (epm) (Entered: 01/10/2005)


PACER 45 Filed: 12/27/2004, Entered: None

MEMORANDUM in support of MOTION for Continuance by Linda M. Ellis. (Kelley, Mark) Docket text modified on 1/20/2005. Document was filed as a motion; document is a memorandum in support of motion. (dfb) (Entered: 12/27/2004)


PACER 44 Filed: 12/27/2004, Entered: None

MOTION for Continuance by Linda M. Ellis. (Kelley, Mark) Docket text modified on 1/20/2005. (dfb) (Entered: 12/27/2004)


PACER 43 Filed: 12/10/2004, Entered: None

BRIEF in Opposition to 42 MOTION for Leave to File Motion for Reconsideration filed by Linda M. Ellis. (epm) (Entered: 12/14/2004)


PACER 42 Filed: 12/3/2004, Entered: None

MOTION for Leave to File Motion for Reconsideration of Nov. 22, 2004 Order Striking Defendants' Pleadings and Supporting Brief filed by Eric J. Aronson and Dash Systems, Inc.. (epm) (Entered: 12/09/2004)


PDF 41 Filed: 12/3/2004, Entered: None Court Filing

ORDER denying as moot 19 Motion for Summary Judgment, denying as moot 20 Motion for Oral Argument. Parties are Ordered to appear January 6, 2005 at 11:30 a.m. in Courtroom 2105 for a hearing to determine the appropriate relief to be awarded to Plaintiff. Signed by Judge Richard W. Story on 12/3/04. (rag) (Entered: 12/03/2004)


PDF 40 Filed: 11/18/2004, Entered: None Court Filing

ORDER granting 33 Motion to Strike Answer and granting Motion for Default Judgment. Signed by Judge Richard W. Story on 11/18/04. (epm) (Entered: 11/22/2004)


PACER 39 Filed: 10/12/2004, Entered: None

AFFIDAVIT of Conrad M. Shumadine, filed by Linda M. Ellis. (Attachments: # 1 Affidavit - Exhibit A# 2 Affidavit - Exhibit B# 3 Affidavit - Exhibit C)(epm) (Entered: 10/13/2004)


PACER 38 Filed: 10/12/2004, Entered: None

AFFIDAVIT of Mary Hartman, filed by Linda M. Ellis. (epm) (Entered: 10/13/2004)


PACER 37 Filed: 10/12/2004, Entered: None

REPLY MEMORANDUM in Support of 33 MOTION to Strike Answer & Enter a Default Judgment against Defendants, filed by Linda M. Ellis. (epm) (Entered: 10/13/2004)


PACER 36 Filed: 10/1/2004, Entered: None

MEMORANDUM in Opposition to 33 MOTION for Sanctions & to Strike Pleadings, filed by Eric J. Aronson and Dash Systems, Inc.. (epm) (Entered: 10/05/2004)


PDF 35 Filed: 9/21/2004, Entered: None Court Filing

ORDER denying 26 Motion by Michael B. Butler to Withdraw as Counsel for Defendants. Signed by Judge Richard W. Story on 09/21/04. (dfb) (Entered: 09/21/2004)


PACER 34 Filed: 9/17/2004, Entered: None Court Filing

Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 9/17/2004 re 26 MOTION by Michael B. Butler to Withdraw as Attorney for defendants. The Court denied the motion and directed defendants to produce discovery documents. Written status report due in 10 days. (Court Reporter, Darla Coulter)(dfb) (Entered: 09/21/2004)


PACER 33 Filed: 9/17/2004, Entered: None

MOTION to Strike Defendants' 11 Answer and Enter a Default Judgment by Linda M. Ellis. (Attachments: #(1) Affidavit of Conrad M. Shumadine and #(2) Exhibit A to Affidavit of Conrad M. Shumadine)(dfb) (Entered: 09/21/2004)


PACER 32 Filed: 9/8/2004, Entered: None

CERTIFICATE OF SERVICE as to service of Statement of Fees & Affidavit of Gary A. Bryant filed by Linda M. Ellis (epm) (Entered: 09/10/2004)


PACER 31 Filed: 9/1/2004, Entered: None

AFFIDAVIT of Gary A. Bryant filed by Linda M. Ellis. (epm) (Entered: 09/10/2004)


PACER 30 Filed: 9/1/2004, Entered: None

NOTICE Of Filing Statement of Fees in connection w/ 15 Motion to Compel filed by Linda M. Ellis. (epm) (Entered: 09/10/2004)


PACER 29 Filed: 9/2/2004, Entered: None

AFFIDAVIT in Opposition to 26 MOTION to Withdraw Michael B. Butler as Attorney filed by defendants. (epm) (Entered: 09/08/2004)


PACER 28 Filed: 9/3/2004, Entered: None Court Filing

ORDER vacating 27 Order permitting attorney Michael Butler to withdraw as counsel for defendants and Setting Hearing on 26 MOTION to Withdraw as Counsel filed by Michael B. Butler. Motion Hearing set for 9/17/2004 at 02:30 PM in Courtroom 2105 before Judge Richard W. Story. Signed by Judge Richard W. Story on 09/03/04. (dfb) (Entered: 09/07/2004)


PACER 27 Filed: 8/26/2004, Entered: None Court Filing

ORDER granting 26 Motion of Michael B. Butler to Withdraw as Counsel for Defendants. Signed by Judge Richard W. Story on 08/26/04. (cc & dfts) (dfb) (Entered: 08/31/2004)


PACER 26 Filed: 8/20/2004, Entered: None

MOTION to Withdraw Michael B. Butler as Attorney w/ Proposed Order filed by defendants. (epm) (Entered: 08/25/2004)


PACER 25 Filed: 8/16/2004, Entered: None Court Filing

ORDER granting 15 Motion to Compel. Defendants are ordered to serve complete responses to the discovery requests within ten days of the entry of the Order. Further, Pla is awarded reasonable attorney's fees for the bringing of this motion. Counsel shall submit a statement of fees w/in 10 days of the entry of this Order; and Dfts' Objections 5 days thereafter . Signed by Judge Richard W. Story on 8/16/04. (epm) (Entered: 08/23/2004)


PACER 24 Filed: 7/13/2004, Entered: None

REPLY BRIEF in Support of re 19 Motion for Summary Judgment filed by defendants. (epm) (Entered: 07/19/2004)


PACER 23 Filed: 6/25/2004, Entered: None

Memorandum by plaintiff in opposition to [19-1] motion for summary judgment w/ statement of material facts and declaration of Linda M. Ellis and affidavit of Mark A. Kelley (epm) (Entered: 06/28/2004)


PACER 22 Filed: 6/17/2004, Entered: None Court Filing

CONSENT ORDER by Judge Richard W. Story extending time thru 06/25/04 for pla to file her memorandum in opposition to the motion for sum jgm, [19-1] motion for summary judgment to be submitted on 6/26/04 (cc) (jdb) (Entered: 06/18/2004)


PACER 21 Filed: 5/25/2004, Entered: None

Offer of judgment by defendants. (fmm) (Entered: 06/02/2004)


PACER 20 Filed: 5/25/2004, Entered: None

MOTION by defendants for oral argument (epm) (Entered: 05/26/2004)


PACER 19 Filed: 5/25/2004, Entered: None

MOTION by defendant for summary judgment with brief in support, statement of material facts and exhibits. (ntc to counsel) (epm) Modified on 05/26/2004 (Entered: 05/26/2004)


PACER 18 Filed: 5/24/2004, Entered: None

Reply brief to [15-1] motion to compel dfts to respond completely to outstanding discovery requests by plaintiff with affidavit of Conrad M. Shumadine. (epm) (Entered: 05/25/2004)


PACER 17 Filed: 5/14/2004, Entered: None

Response by defendants to [15-1] motion to compel dfts to respond completely to outstanding discovery requests (jdb) (Entered: 05/17/2004)


PACER 16 Filed: 5/13/2004, Entered: None Court Filing

ENDORSED ORDER by Judge Richard W. Story APPROVING [13-1] preliminary statement (cc) (fmm) (Entered: 05/14/2004)


PACER 15 Filed: 4/26/2004, Entered: None

MOTION by plaintiff to compel dfts to respond completely to outstanding discovery requests with brief in support and affidavit of Conrad M. Shumadine attached. (jdb) (Entered: 04/27/2004)


PACER 14 Filed: 2/25/2004, Entered: None

Certificate of service of discovery as to plaintiff (vs) (Entered: 03/01/2004)


PACER 13 Filed: 1/28/2004, Entered: None

Joint Preliminary Report and Discovery Schedule. (To RWS) (lme) (Entered: 01/30/2004)


PACER 12 Filed: 1/14/2004, Entered: None

ANSWERS TO INITIAL DISCLOSURES by plaintiff. (lme) (Entered: 01/15/2004)


PACER 11 Filed: 12/11/2003, Entered: None

ANSWER by defendant to complaint [10-1], [1-1] Discovery ends 5/9/04 (vs) (***ANSWER STRICKEN PER 40 ORDER FILED 11/18/04***) (epm). (Entered: 12/12/2003)


PACER 10 Filed: 12/11/2003, Entered: None

AMENDED COMPLAINT by plaintiff (jdb) (Entered: 12/12/2003)


PACER 9 Filed: 11/4/2003, Entered: None Court Filing

ORDER by Judge Richard W. Story GRANTING nunc pro tunc pla's [2-1] motion for emergency hearing, DENYING pla's [2-2] motion for preliminary injunction. (cc) (lme) (Entered: 11/06/2003)


PACER 8 Filed: 10/30/2003, Entered: None

Affidavit by defendant Eric J. Aronson in opposition to pla's [2-2] motion for preliminary injunction. (lme) (Entered: 11/04/2003)


PACER 7 Filed: 10/30/2003, Entered: None

Attorney appearance for defendants by Michael B. Butler. (lme) (Entered: 11/04/2003)


PACER 6 Filed: 10/30/2003, Entered: None Court Filing

Motion HEARING held before Judge Richard W. Story on 10/30/03 re: pla's 2 motion for preliminary injunction. Court will take under advisement. Court orders the dft to cease using the pla's poem on the internet. (lme) (Entered: 11/04/2003)


PACER 5 Filed: 10/20/2003, Entered: None

Notice of hearing on pla's motion for temporary injunction on 10/30/03 at 10:00am or as soon thereafter as pla may be heard. (lme) (Entered: 10/28/2003)


PACER 4 Filed: 10/21/2003, Entered: None Court Filing

ENDORSED ORDER by Judge Richard W. Story GRANTING [3-1] pro hac vice application for Conrad M. Shumadine. (cc) (lme) (Entered: 10/23/2003)


PACER 3 Filed: 10/14/2003, Entered: None

Application for admission of Conrad M. Shumadine pro hac vice for plaintiff. (To RWS) (lme) (Entered: 10/16/2003)


PACER 2 Filed: 10/10/2003, Entered: None, Terminated: 11/4/2003

MOTION by plaintiff for emergency hearing , for preliminary injunction with brief in support and proposed order. (To RWS) (lme) (Entered: 10/14/2003)


PDF 1 Filed: 10/10/2003, Entered: None

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 512298 (lme) (Entered: 10/14/2003)

 

 

7:11AM

WHO IS Oscar Michelen and WHY DOES Timothy McCormack, Attorney for Getty Images FEAR HIM?

Mr. Michelen is a partner at the New York law firm of Cuomo LLC. I have known Mr. Michelen for over 2 years now and have an incredible amount and respect for him as a person and his work.

Among Mr. Michelen’s credentials he attended the State University of New York at Buffalo (B.A. 1982); New York Law School (J.D. Magna Cum Laude 1985); Research Editor New York Law School Law Review; Admitted to Bar: New York, New Jersey, United States District Court, Southern and Eastern Districts of New York and District of New Jersey (1986); law clerk to the Hon. Vincent L. Broderick (SDNY); Senior Trial Attorney for the Corporation Counsel of the City of New York (1986-1990); Adjunct Professor of Law, New York Law School (2005 to present); Mr. Michelen has extensive litigation experience in Federal and State courts particularly in commercial litigation, intellectual property, municipal liability, white collar criminal defense and representing management in labor and employment litigation. Mr. Michelen is recognized as a leading authority in digital image and photography litigation and has represented businesses and individuals nationwide defending claims brought by digital image companies such as Getty Images, Masterfile and Corbis. Member: NY State Bar Association; Nassau Bar Association and Dominican Bar Association.

Mr. Michelen also writes a blog covering relevant legal issues which may be read at Courtroom Strategy

Mr. Michelen offers a defense letter program for settlement demand letter recipients which is available through our friends over at Extortion Letter Info.

11:41AM

TorrentLawyer™ – Exposing Copyright Trolls and Their Lawsuits

The BIG PLAYERS and watchdogs have joined me and others in exposing copyright troll Linda Ellis and John W. Jolin in his pretending lawyering and her bullying tactics. Firms like Cashman Law and Oscar Michelen are monied, wise, experienced and have a huge following, support base and influence - unlike Linda Ellis and John W. Jolin who run a small time extortion business from their home computers. I look forward to more comments and exposure from this Houston legal team.

http://torrentlawyer.wordpress.com/tag/john-w-jolin/

"The Copyright Enforcement Group appears to now be doing it, Getty Pictures has been doing it for years, and most recently, non-attorney John Jolin is doing it on behalf of Linda Ellis and her poems."

"If they want to throw around threats of “we might sue you unless you settle,” well, maybe we should bring a few of these threat letters in front of a federal judge and see what they think about this."


5:03PM

BOB DOLE RECITES THE DASH - Linda Ellis Claims Poem Transformed His life.

"As I learned more about Bob Dole, I wondered how long ago he'd read this poem I'd written more than twelve years prior, and if it had also inspired his many other humanitarian efforts. I like to think it had." Linda Ellis

Poor Bob Dole thought he was just reading and sharing a simple poem. He had no idea that the reading of The Dash would inspire Linda to write an essay claiming it was The Dash that inspired his good works and humanitarian efforts. Earth to Ellis. Bob Dole's life of public service has been in place for decades - long before May 23, 2008 when his speech writer gave him the words to read that day. 

While she accuses innocent infringers of stealing The Dash, she uses the notoriety of this politician  to sell her Live Your Dash brand and products and then she brags about this unauthorized sharing. The video embedded here is actually on the C-Span website. Linda downloaded the video and then uploaded to her Youtube channel - bypassing C-Span - the very thing she considers a criminal act and copyright infringement. One would think that she would drive traffic to C-Span and not to her own website, youtube channel and facebook page. But Linda Ellis does not live by the words she copyrighted and she certainly plays by her own set of rules. 

BEWARE DON'T SHARE The Dash poem.

 

 

2:34PM

BOB DOLE Reads The Dash - unwittingly caught up in Linda Ellis Scandal

BOB DOLE RECITES THE DASH shown on this C-Span video

Bob Dole had no idea that when he recited The Dash before the National Press Club in Washington DC on May 23, 2008, Linda Ellis would exploit his good name to sell her dime store junk.

Dole didn't ask Elli's permission nor did he buy a license to use the copyrighted piece. It took Ellis 4 years to figure out the politician had recited the content on C-Span. The minute Linda Ellis found out she began bragging that Dole shared her poem. She never accused him of stealing her poem or charged him with copyright infringement. Instead Linda Ellis is using Bob Dole's good name to sell garden nomes, framed photos of The Dash and Garden Nomes. 

Video Description: Former Senator Robert Dole talked about the changes being made to improve care for wounded veterans. The former senator, who was gravely wounded in World War II, is co-chair of President Bush’s Commission on Care for America’s Returning Wounded Warriors. The bipartisan commission released a report in August 2007 calling for rules to simplify the confusing standards for determining disability and compensation, eliminate overlapping activities between the Defense Department and the Veterans Administration, reduce inequities, and provide the tools for injured veterans to return to productive civilian lives.