Prenda: a review of how we got here

In the day and a half before Prenda’s April 2 hearing before Wright down in LA, I thought I’d quickly go over what’s at stake topic-wise. Ken “Popehat” White has promised a post on the possible results (i.e. sanctions). I’ll let him do that. (Update: He’s done.) In the meantime, a look back at the orders Wright has issued since his original February OSC…

People and entities ordered to appear

letters are as enumerated in ECF 86

From the original 2013-02-07 Order to Show Cause (ECF 48):

  • Brett Gibbs (the original attorney in the cases before Wright)

From the 2013-03-05 updated initial OSC (ECF 66):

  • (a) John Steele
  • (b) Paul Hansmeier
  • (c) Paul Duffy
  • (d) Angela Van Den Hemel
  • (e) Mark Lutz
  • (f) Alan Cooper (of AF Holdings)
  • (g) Peter Hansmeier
  • Alan Cooper of Minnesota not required to be at April 2 hearing

from the 2013-03-14 amendment, i.e. the post-March-11 order (ECF 86):

  • (h) Prenda Law, Inc
  • (i) Livewire Holdings, LLC
  • (j) Steele Hansmeier, PLLC
  • (k) AF Holdings, LLC
  • (l) Ingenuity 13, LLC
  • (m) 6881 Forensics, LLC

Sanctionable issues

Against Gibbs, from the original OSC:

  1. Rule 11(b)(2)  — not showing reasonable cause re: who the infringer is
  2. violating Court orders re: stopping ISP subpoenas and discovery
  3. fraud on the court re: Alan Cooper

There was also briefly something about not filing notices of related cases, but that is a minor issue here…

Against all of Prenda, from the amended post-March-11 OSC:

  1. the allegations against Gibbs above
  2. failing to notify the Court of financially-interested parties
  3. fraud on the court for misrepresentation of the nature and relationship of the entities above
  4. Steele and Hansmeier not making pro hac vice appearances in Prenda cases
  5. not appearing at the March 11 hearing and so contravening the March 5 OSC

Looking forward

From that last order, ECF 86:

Should the persons and entities in subparagraphs a–m above not appear on
March 29, 2013, the Court is prepared to draw reasonable inferences concerning their
conduct in the cases before the Court, including any inferences derived from their
failure to appear. Failure to comply with this order will result in the imposition of
sanctions.

I’d also like to incorporate by reference @JohnHenryLawyer’s map of what we know about Prenda, which gives an excellent idea of why Wright is interested in issue (6).


Lastly, given the information here, I’d like to pose the question: does Wright “get it”? Will appropriate sanctions be handed out, or will Prenda be let off easy? Is this the end of Prenda?

“Howl in Irish”

Henry IV Part 1, Act III, scene 1 (the Welsh lady singing part)

HOT.   Come, Kate, thou art perfect in lying down: come,
       quick, quick, that I may lay my head in thy lap.
LAD.   Go, ye giddy goose.

[The music plays]

HOT.   Now I perceive the devil understands Welsh;
       And 'tis no marvel he is so humorous.
       By'r lady, he is a good musician.
LAD.   Then should you be nothing but musical for you are
       altogether governed by humours. Lie still, ye thief,
       and hear the lady sing in Welsh.
HOT.   I had rather hear Lady, my brach, howl in Irish.
LAD.   Wouldst thou have thy head broken?
HOT.   No.
LAD.   Then be still.
HOT.   Neither; 'tis a woman's fault.
LAD.   Now God help thee!
HOT.   To the Welsh lady's bed.

Now, as I covered in a previous post, Lady Percy’s mother is Irish. She herself was born in Wales, and Hotspur in Northumberland (almost Scotland—so near the Douglas).

Now, given the context, why would the wife of Hotspur be howling in Irish?

I was disturbed as well. (In any case, this is no doubt where the BBC got their cues from for their version, which is now blocked on YouTube…)

On “tis a woman’s fault“, which is also a somewhat confusing line, George Steevens writes in a 1778 printing, “I believe the meaning is this: Hotspur, having declared his resolution neither to have his head broken, nor to sit still, slyly adds,  that such is the usual fault of women; i.e., never to do what they are bid or desired to do.

Early Modern English: “brach”

brach appears in Shakespeare with some frequency. A quick look through my Shakespeare app gives the following:

  • Henry IV, Part 1: “I had rather hear Lady, my brach, howl in Irish.” (Act III, scene 1) — note: Lady Percy’s mother was Irish
  • King Lear: “Truth’s a dog must to kennel, he must be whipt, when the Lady Brach may stand by th’ fire and stink.” (Act I, scene 3)
  • King Lear: “Hound or spaniel, brach or lym” (Act III, scene 6)
  • Taming of the Shrew: “Huntsman, I charge thee, tender well my hounds / (Brach Merriman, the poor cur, is emboss’d), / And couple Clowder with the deep-mouth’d brach” (Prologue)
  • Troilus & Cressida: “I will hold my peace when Achilles’ brach bids me, shall I?” (Act II, scene 1)

At this point the meaning is clear. Wiktionary: (/bræt͡ʃ/) a hound, especially a female hound used for hunting

Even the pronunciation is evocative of its meaning….