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Can you sue posters on a discussion board by issuing a summons on the site? (Heatherrae?)

Date: June 11th, 2007 8:38 PM
Author: DavidRosen
Subject: Notice of lawsuit pending vs. certain AutoAdmit posters

To the defendants listed below, you are being sued in the United States District Court for the District of Connecticut. The defendants are the persons using the following pseudonyms on the website autoadmit.com or xoxohth.com: Pauliewalnuts; neoprag; STANFORDtroll; :D; :D (Hillary v. Jeb’08); MoreDoughHi; Remember when I said I would kill you last? I lied; lkjhgf; yalelaw; Spanky; ylsdooder; Community Norm; HI; David Carr (Glass of water for Mr. Grainger); vincimus; Beach Body Brady; Cheese Eating Surrender Monkey; Todd Christopher; A horse walks into a bar (saving one CPGWBT at a time); The Ayatollah of Rock-n-Rollah; DRACULA; Sleazy Z; Whamo (Let me lay it on the line, he had two on the vine); Ari Gold; Ugly Women; playboytroll; Get_to_da_choppa; Dean_Harold_Koh. The allegations are as follows: copyright infringement under 17 U.S.C. § 501; appropriation of another’s name or likeness; unreasonable publicity given to another’s life; publicity that places another in a false light before the public; intentional infliction of emotional distress; negligent infliction of emotional distress; and defamation.


The plaintiffs are attempting to serve you with a complaint and summons in a civil action. The text of the summons appears below. So that we may deliver a copy of the summons and complaint to you, please provide your complete contact information to the following email address: [email protected].


UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT


SUMMONS IN A CIVIL CASE


CASE NUMBER: 307CV00909 CFD


I. (a) PLAINTIFFS

DOE I, and DOE II


v.


DEFENDANTS

Anthony Ciolli; Individuals, whose true names are unknown, using the following pseudonyms: Pauliewalnuts; neoprag; STANFORDtroll; :D; :D (Hillary v. Jeb’08); MoreDoughHi; Remember when I said I would kill you last? I lied; lkjhgf; yalelaw; Spanky; ylsdooder; Community Norm; HI; David Carr (Glass of water for Mr. Grainger); vincimus; Beach Body Brady; Cheese Eating Surrender Monkey; Todd Christopher; A horse walks into a bar (saving one CPGWBT at a time); The Ayatollah of Rock-n-Rollah; DRACULA; Sleazy Z; Whamo (Let me lay it on the line, he had two on the vine); Ari Gold; Ugly Women; playboytroll; Get_to_da_choppa; Dean_Harold_Koh


YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY

David N. Rosen, Esq.

David Rosen & Associates, P.C.

400 Orange Street, New Haven, CT 06511



an answer to the complaint which is herewith served upon you, within twenty days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.



(http://www.autoadmit.com/thread.php?thread_id=643868&forum_id=2#8243886)





:cow:
 
Re: Can you sue posters on a discussion board by issuing a summons on the site? (Heat

No way that's legal. I know the standard is to put the summons in the hand of the person being served, but I think in cases of repeated attempts to serve someone sometimes alternative means are accepted. This is total BS though.
 
SpyWizard said:
are you asking if posting in a web forum qualifies as public notice??

That, and if this whole thing can actually happen.

The board's already had dealings with http://www.reputationdefender.com/, but this newest drama seems to have people wondering whether this actually a flame or not -- and perhaps more so, whether this kind of thing has the potential of happening.




:cow:
 
What if those user handles are alters of one user?

Maybe I can make up an alter and then sue my own alter?




b0und (ponders)
 
Re: Can you sue posters on a discussion board by issuing a summons on the site? (Heat

RottenWillow said:
No way that's legal. I know the standard is to put the summons in the hand of the person being served, but I think in cases of repeated attempts to serve someone sometimes alternative means are accepted. This is total BS though.

Did he really just ask posters "Help me serve you so that I can sue you in court?" What a ttt attorney (to go along w/ his ttt personality & sense of humor).
this counts as expedient service. if the posters choose to ignore it they'll be in default. if plaintiffs ever find who the posters are they can come after them, and the only thing the posters will be able to do is claim lack of personal jurisdiction. it may work. or not.
I call BS as well. Someone can't just go to a website where someone once posted and serve them notice.
yet placing an add in a newspaper can count?
It's expedient service in NY. In CT it's called service by electronic means. http://www.jud.ct.gov/Publications/PracticeBook/PB1.pdf#page=169


Sec. 10-13
im a rising 2L, so maybe I'm wrong, but how does the Connecticuit have jurisdiction here?
it was filed in district court and they can use CT's long-arm statute.
http://www.ssbb.com/yesjuris.html


for some examples. You are torting someone in CT, they are feeling the brunt of it there, something like that
long arm statute is what you're thinking of. tortious act committed outside of the state that has effect within the state.



These kids are law students or working in law, so it's kinda odd that they're unsure after 350+ posts discussing it...




:cow:
 
b0und said:
What if those user handles are alters of one user?

Maybe I can make up an alter and then sue my own alter?

He could sue Rach, GTO, and John/Jane Doe. Then have subpoenas issued to discover the identity of posters.

The above listed posters are the guys running the discussion board.




:cow:
 
Re: Can you sue posters on a discussion board by issuing a summons on the site? (Heat

samoth said:
These kids are law students or working in law, so it's kinda odd that they're unsure after 350+ posts discussing it...




:cow:

If for no other reason I think it's not binding because the defendants aren't named. "ILikesMeToHumpTurtles" et al doesn't count.
 
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