Righthaven Tells Judge Handling All Its Colorado Cases That He's Wrong
from the that'll-go-over-well dept
However, just last week, we noted that all of Righthaven's cases concerning Denver Post content were being handled by a single judge, Judge John Kane, and he was not at all impressed with Righthaven's business model. That ruling came in a particular case, involving a young man named Brian Hill, "a mentally and physically disabled," 20-year old. As we noted, after the judge slammed Righthaven, the company filed an extremely petulant dismissal notice on the case. Apparently, the judge only accepted part of the dismissal notice, leading Righthaven to file an amended dismissal notice which continues with Righthaven's standard petulant tone, but this time has some of it directed at the judge (thanks to Eric Goldman for highlighting this).
There's a bit of passive-aggressive tone in Righthaven's filing, in which it keeps telling the court that it was wrong, but says that it's not trying to insult the court or anything:
Righthaven brings the following authority to the Court’s attention so as to make it aware of its apparent prior mistaken reliance on Rule 12(f) in summarily striking the remaining contents of the Notice of Dismissal (Doc. # 17). Righthaven resubmits in connection with this Amended Notice the largely the same statements previously stricken by the Court with some slight modifications in view of the nature of this filing. Righthaven certainly understands the Court will likely strike most of the statements contained in this Amended Notice, but in doing so it asks that the Court not take such action under Rule 12(f) in view of the foregoing case law. Righthaven additionally wishes to stress that the Amended Notice and its contents are in not being filed as an affront to this Court or its prior decision to strike certain contents of the Notice of Dismissal. Righthaven simply maintains, as any advocate would because of the need to clarify or otherwise modify that its prior submission was to be with prejudice, that the Court improperly struck the contents from its prior submission under Rule 12(f). Righthaven further maintains it is entitled to have the full content of this submission made publicly available absent a subsequent contrary determination by the Court that a basis to strike exists other than under Rule 12(f) upon which its has relied. Accordingly, the following statements, which are largely consistent with those previously contained in the Notice of Dismissal and stricken by the Court under a mistaken belief in Rule 12(f) authorizing it do so, are resubmitted in connection with this Amended Notice of Dismissal.Somehow, I get the feeling that Judge Kane, who already was not feeling charitable towards Righthaven, may be even less inclined to give Righthaven much leeway in any of these lawsuits.