We recently wrote about Clear Skies Nevada, which filed 5 new lawsuits in the Middle District of Florida on November 20, 2015. However, prior to filing those lawsuits, the same firm filed 6 other suits on behalf of related Plaintiff Cobbler Nevada, LLC. In these six Cobbler Nevada lawsuits, the Plaintiff is the alleged copyright owner of the Adam Sandler film The Cobbler (2014). All 6 were filed on November 12, 2015.
All of the lawsuits allege copyright infringement via the BitTorrent protocol. All have been filed by IP Enforcement Group, which in previous years filed related lawsuits in the Middle District of Florida on behalf of Bait Productions PTD LTD; Dallas Buyers Club, LLC; Voltage Pictures, LLC; and Countryman Nevada, LLC, among other Plaintiffs.
If you have not heard about these lawsuits, you’re not alone. Although BitTorrent litigation has been in the news for the last few years, it’s not exactly on the forefront, and many people still never have heard of “BitTorrent” or this type of litigation. In fact, Cobbler Nevada lawsuits filed in Wisconsin recently made the local TV news in that area.
List of the Cobbler Nevada Lawsuits (So Far)
Cobbler Nevada, LLC v. Doe, Case No. 8:2015-cv-02649-CEH-AEP (MDFL, Tampa Division)
Cobbler Nevada, LLC v. Doe, Case No. 8:2015-cv-02650-JSM-AEP (MDFL, Tampa Division)
Cobbler Nevada, LLC v. Doe, Case No. 8:2015-cv-02651-CEH-AEP (MDFL, Tampa Division)
Cobbler Nevada, LLC v. Doe, Case No. 8:2015-cv-02652-VMC-AEP (MDFL, Tampa Division)
Cobbler Nevada, LLC v. Doe, Case No. 8:2015-cv-02653-JDW-TBM (MDFL, Tampa Division)
Cobbler Nevada, LLC v. Doe, Case No. 8:2015-cv-02654-JSM-TGW (MDFL, Tampa Division)
What to do if you receive a Letter from your ISP (Neustar, Verizon, etc.)
The first time you receive notice of this lawsuit it will probably be from your Internet Service Provider (i.e., Bright House/Neustar or Verizon). It will be in the form of a letter, sent via regular postal mail, which will tell you a subpoena has been served asking for your name and address. The envelope may include a copy of the subpoena and a related court order, or it may be a standard No. 10 envelope including only one piece of paper. It depends on the ISP’s procedures. Either way, it will be in the post and sent to the ISP account holder.
- Realize that this is not a scam, not a joke. This is an actual lawsuit filed in one of the United States District Courts in Florida. (It is not a criminal case, but civil.)
- Don’t throw the letter away.
- Don’t freak out. Don’t start deleting stuff.
- Is a neighbor using your wifi without your knowledge and downloading things? Don’t be so quick to lock them out — you may want to evaluate who has been accessing your wifi first.
- Don’t call the Plaintiff’s attorney, even though the letter from your ISP may include their telephone number. If you call the Plaintiff’s attorney, anything you say can be used against you.
- Don’t ignore the letter. If you ignore it, you could end up getting a default against you.
- Know that you can, within reason, defend yourself — especially if you did not do this.
- Don’t believe everything you read on the Internet, and, regarding the things you might read, don’t try to apply all those situations to your situation. What happens in one case is not necessarily going to happen in yours. Opinions entered in the courts in other states are not necessarily going to be followed in the district or judicial division in which your case is filed.
- Speak to an attorney.
Who we are
This blog is not to be construed as legal advice — it’s just a blog. However, we are an office of actual attorneys who can give out advice, in Florida — providing we don’t have a conflict and we know who we’re talking to. We practice in this very type of case — BitTorrent litigation — on a regular basis, and we are among a scant few attorneys in the entire state who do.
Therefore, if you received notice that you may be implicated in a Cobbler Nevada lawsuit, feel free to call our office at 407-965-5519.
Since 2012, Cynthia Conlin has defended hundreds of accused BitTorrent downloaders in the federal courts in Florida. Although we sometimes represent plaintiffs in other types of lawsuits, we never represent them in BitTorrent cases; in BitTorrent cases, we only represent defendants.
Depending on the unique circumstances in your case, if you retain our services, we may help you in any number of ways, ranging from negotiating a settlement to aggressively defending the litigation. Every case is different, so to properly evaluate your matter we’d need to figure out your circumstances.
Trailer for The Cobbler
Cobbler Nevada Complaint
And a copy of one of the Cobbler Nevada Complaints: