STRIKE 3 HOLDINGS MIAMI-DADE COUNTY COURT FILINGS PROVIDE STRIKE 3 LAWSUITS WITH A CHEAPER ALTERNATIVE TO FEDERAL COURTS.
NOTE: There are even CHEAPER ways to sue an accused defendant (in State and County Courts). Although improper, Strike 3 Holdings Miami-Dade Lawsuits in Miami-Dade County, Florida still make use of these improper venues because nobody stops them from doing so.
Suing a group of defendants in some obscure state or county court has been an effective way for Strike 3 Holdings Miami-Dade lawsuits to obtain the names and addresses of ISP subscribers who they believe downloaded their clients’ copyrighted adult film titles.
I believe Strike 3 Holdings Miami-Dade lawsuits have made use of these state and county court filings in order to determine WHICH of these accused downloaders have deep pockets (who can pay a settlement), and who cannot pay a settlement.
Those that can pay a settlement [and I must presume those they believe did the download, although I am doubtful if this is even a consideration anymore] will end up getting sued in their home state’s federal court in a copyright infringement lawsuit for $150,000 per instance of infringement, or they will settle out of court.
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Those that cannot pay a settlement — for example, those that are unemployed, or have declared bankruptcy, or through their research they have determined that they do not have money to pay a settlement will likely not be sued in a federal court. It would be a waste for Strike 3 Holdings LLC to pay another $400 (on top of the filing fee they already paid) to file a lawsuit when they know they will be unable to solicit a large settlement in return for that lawsuit.
Strike 3 Holdings Miami-Dade lawsuits ignore the fact that state or county-based lawsuits are the IMPROPER court to file such a lawsuit.
While these state-based and county-based lawsuits are improper — State Courts or County Courts are not the proper jurisdiction or venue to file these lawsuits. Copyright infringement lawsuits can ONLY be filed in a federal court.
With this said, Strike 3 Holdings LLC have not stopped MISUSING state-based county courts and obscure state-based laws to obtain the names and addresses of the ISP account holders they believe downloaded their copyrighted titles.
A favorite Strike 3 Holdings Miami-Dade lawsuits’ tactic is to use the “Bill of Discovery” laws in certain state and county courts. Any time you receive an ISP subpoena and the lawsuit is filed in the Miami-Dade County Court, this is a “Bill of Discovery” lawsuit; it is NOT YET a copyright infringement lawsuit.
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The obvious threat (and the fear tactics that some attorneys might try to use) is that if you do not settle the claims against you, they can and will sue you in the federal court in the state in which you live.
But remember, I believe whether you get sued or not is probably based on whether Strike 3 Holdings LLC thinks you have enough money to pay a settlement.
Achieving this goal (of them deciding that you cannot pay a settlement) would be achieved by NOT filing a motion to quash in the Strike 3 Holdings Miami-Dade Lawsuit, but in actually letting your ISP hand over your contact information, and letting Strike 3 Holdings LLC plug your name and your address into their “Black Box” to determine whether they think you have money or not.
[UNRELATED: Just so this is said — if you cannot afford the settlement numbers they are asking for, your attorney could likely negotiate a settlement based on what you can afford. SO NO, you are likely not looking at a “pay us $10,000+ or else we go to trial” situation. Doing so is likely not financially in their best interests which is the point of this article.]
Strike 3 Holdings LLC to my knowledge has not filed these “Bill of Discovery” cases yet in other county courts because the Strike 3 Holdings Miami-Dade lawsuits have been friendly to them. However, other copyright trolls like Malibu Media LLC used to file these same type of “Bill of Discovery” cases both in the Miami-Dade County Court and the Maricopa County, Arizona county court just a few years ago.
Even though filing in a state or county court is IMPROPER (a state or county court has no personal jurisdiction over the out-of-state defendants), the allure of state or county-based “Bill of Discovery” lawsuits still is too strong for them, because they are SO MUCH CHEAPER than the federal court lawsuits.
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Why Strike 3 Holdings LLC keeps filing lawsuits in STATE courts (and not in FEDERAL courts where copyright infringement lawsuits belong).
EASY ANSWER: STRIKE 3 HOLDINGS LLC STATE-BASED CASES (OR COUNTY-BASED CASES) ARE CHEAPER TO FILE THAN FEDERAL COURT CASES.
STATE FILING FEES TO FILE A LAWSUIT (cheap) vs. FEDERAL COURT FILING FEES TO FILE A LAWSUIT (less cheap).
- A Federal Court copyright infringement civil lawsuit costs ~$400/lawsuit to sue ONE DEFENDANT.
- A state or county-based “Bill of Discovery” lawsuit costs around the same amount of money (~$350/lawsuit), BUT STATE-BASED LAWSUITS ARE CHEAPER because companies like Strike 3 Holdings could sue HUNDREDS of defendants IN ONE LAWSUIT FILING instead of suing ONE “John Doe Subscriber Assigned IP Address XYZ” defendant in ONE $400 federal court lawsuit.
As you can see, the filing fees to sue a defendant are cheap — whether Strike 3 Holdings lawsuits are filed in federal court, or obscenely moreso, whether they file the lawsuit in a state or county court under some obscure state law.
For that $400 filing fee in federal court, (or for that $350 filing fee in a state court), Strike 3 Holdings LLC hopes to achieve a return of TENS OF THOUSANDS OF DOLLARS in settlement money to Strike 3 Holdings LLC in return for that small $350-$400 filing fee.
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