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Monday, April 16, 2012

postheadericon EFF Slams Righthaven CEO For Pretending He Can Ignore Court Orders

I recently wrote about the strange statement Righthaven CEO Steve Gibson with a court order addressed to it is not applicable because it is only the CEO, and lawyers of company (which I blame for everything) will not return your calls. Now, the EFF (representing Thomas DiBiase in the case) filed a response (pdf) that shows how positive crazy
Gibson's claim that, as CEO, you can avoid responding to court orders addressed to a company. All this is worth reading - these are just a few good songs (which was difficult to reduce it to know which of quote):



Mr. Gibson that he "has not heard of Righthaven Council [Mr. Mangano] since February 2012," and that Mr. Mangano has simply disappeared is similar to that of Mr. DiBiase experience2 to 3 answers. However, it is somewhat surprising given consent to the withdrawal of Righthaven lawyer Dale Cendali last week in the Democratic Republic of Metro v Righthaven, Case No. 10-cv-01356-RLH-GWF (Dkt. 186) ( March 21, 2012), knowing, leaving then only in the hands of Mr. Mangano. Presumably, Mr. Gibson, as director general in charge, would not release this consent Righthaven left without representation.



[....]

Gibson Righthaven lacks funds to order the transcript. Responses to 6, No. 5. Gibson provides no evidence to support its assertion that no funds (highly sought evidence of the Order underlying Feb. 7). To the extent that Mr. Gibson is trying belatedly to assert a defense impossible, seeing is absolutely not "categorically and in detail" why not answer .... Even granting that "Righthaven currently have no income." ... This does not mean that no assets or access to funds. Indeed, Mr. Gibson said that "there is reason to believe that one or more parents not to continue Righthaven capital contributions ...." Mr. Gibson is an oblique reference to himself. As noted above, the State Bank of Righthaven Nevada show that Mr. Gibson has been personally funding for balance Righthaven just above zero.
In addition, Mr. Gibson admits that Righthaven had access to sufficient funds to pay Mr. Mangano for months after admission dried, stating that "[u] p for Mangano became completely incommunicado [in mid-February 2012], Righthaven met all payment obligations to Mangano. "... Righthaven bank statements show that Mr. Mangano was regularly paid in installments of about $ 2475.00 .... The Righthaven money now will save by not paying Mr. Mangano is more than sufficient to pay the transcript noon examination of a debtor. Gibson deliberate decision not to use the funds available for Righthaven not an "impossibility".
[....]



Perhaps anticipating the obvious course of action, Gibson said, without citing that "Righthaven can not represent to the Court" and has the "ability to appear in person before the court without a lawyer. ".... This assertion is belied by the fact that Mr. Gibson
actually Righthaven represented before the Court
in this case . See order granting substitution .... In fact, three Righthaven other counsel Righthaven represented in this litigation: Charles Coons, Joseph and Anna Chu Peroni . When Mr. Gibson represents Righthaven involved, which are often negotiate directly with opposing counsel, and has appeared in court. There is no impediment to Mr. Gibson to enter a glance especially if this is what is necessary to comply with court orders.

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