Animaccord Ltd. v. The Individuals, Partnerships, and Unincorporated Associations

[Zigner]

I am very grateful for all the information I have gleamed from you in previous posts. However, my concern is the Plaintiff's lawyer has my name and has been in correspondence with me and I am somewhat worried he will remove my company name from the Lawsuit and add me instead as an individual. AdjusterJack in an earlier reply said "Yes, they can add individuals as soon as they identify them. In fact, the complaint leaves space for them by listing, as defendants, ABC Companies 1-100 and John Does 1-100." Hence my concern.

Ok, let's do it your way:

Your concerns are perfectly valid. You are at personal risk about this matter and need to respond properly. You need to contact an attorney.


(See? Same result.)

 

[zddoodah]

my concern is the Plaintiff's lawyer has my name and has been in correspondence with me and I am somewhat worried he will remove my company name from the Lawsuit and add me instead as an individual.

Ok. If he does that, he'll have to serve you with the summons and complaint and you'll have time once that happens to file a responsive pleading (if you choose to do so).

AdjusterJack in an earlier reply said "Yes, they can add individuals as soon as they identify them. In fact, the complaint leaves space for them by listing, as defendants, ABC Companies 1-100 and John Does 1-100." Hence my concern.

I don't know if you picked up on this or not, but "adjusterjack" was not looking at the complaint in your case. He was looking at something in a completely different court. As "flyingron" noted, we cannot tell, in your case, who the defendants are or whether the plaintiff named "doe" defendants. It probably did, and even if it didn't, complaints are pretty easy to amend. So yes, it's a possibility that you'll get named personally. How likely is it? I have no idea, but most of my prior comments about the efficacy of a judgment from a federal court in Florida against a UK resident apply to you as well. Do you have assets or a source of income in Florida? Or anywhere in the U.S.? If not, there's nothing the plaintiff can do even if it gets a judgment against you (and, even if the matter goes by default, it takes more than just knowing your name and connecting you to your dissolved company to get a judgment against you). It could file an action in a UK court seeking to domesticate the judgment against you, but you'd then have an opportunity to challenge it -- including an opportunity to argue that you're not subject to personal jurisdiction in the United States.

Bottom line: the more you do relating to this lawsuit in Florida, the easier you will make it for the plaintiff to shake you down for money.

 

[Gayle Calter]

Ok. If he does that, he'll have to serve you with the summons and complaint and you'll have time once that happens to file a responsive pleading (if you choose to do so).
Thank you. The concenus


I don't know if you picked up on this or not, but "adjusterjack" was not looking at the complaint in your case. He was looking at something in a completely different court. As "flyingron" noted, we cannot tell, in your case, who the defendants are or whether the plaintiff named "doe" defendants. It probably did, and even if it didn't, complaints are pretty easy to amend. So yes, it's a possibility that you'll get named personally. How likely is it? I have no idea, but most of my prior comments about the efficacy of a judgment from a federal court in Florida against a UK resident apply to you as well. Do you have assets or a source of income in Florida? Or anywhere in the U.S.? If not, there's nothing the plaintiff can do even if it gets a judgment against you (and, even if the matter goes by default, it takes more than just knowing your name and connecting you to your dissolved company to get a judgment against you). It could file an action in a UK court seeking to domesticate the judgment against you, but you'd then have an opportunity to challenge it -- including an opportunity to argue that you're not subject to personal jurisdiction in the United States.

Bottom line: the more you do relating to this lawsuit in Florida, the easier you will make it for the plaintiff to shake you down for money.

Ok. If he does that, he'll have to serve you with the summons and complaint and you'll have time once that happens to file a responsive pleading (if you choose to do so).



I don't know if you picked up on this or not, but "adjusterjack" was not looking at the complaint in your case. He was looking at something in a completely different court. As "flyingron" noted, we cannot tell, in your case, who the defendants are or whether the plaintiff named "doe" defendants. It probably did, and even if it didn't, complaints are pretty easy to amend. So yes, it's a possibility that you'll get named personally. How likely is it? I have no idea, but most of my prior comments about the efficacy of a judgment from a federal court in Florida against a UK resident apply to you as well. Do you have assets or a source of income in Florida? Or anywhere in the U.S.? If not, there's nothing the plaintiff can do even if it gets a judgment against you (and, even if the matter goes by default, it takes more than just knowing your name and connecting you to your dissolved company to get a judgment against you). It could file an action in a UK court seeking to domesticate the judgment against you, but you'd then have an opportunity to challenge it -- including an opportunity to argue that you're not subject to personal jurisdiction in the United States.

Bottom line: the more you do relating to this lawsuit in Florida, the easier you will make it for the plaintiff to shake you down for money.

Thank you for your reply - I think the concensus is clear that I should do nothing. Thank you for your time and advice.

 

[zddoodah]

I think the concensus is clear that I should do nothing.

Just to be clear, I'm only suggesting you consider the consequences and benefits of any particular action or inaction in light of your company's status as a dissolved entity.

 

[Angela1804]

I am British & live in the UK. I had a Limited Company (incorporated) in the UK but this was dissolved in November 2020. The Plaintiff is suing 600 online stores for copyright infringement - this is the 3rd similar case they've brought to the federal court since December. I thought it was a scam but thought it best not to ignore it. I found my company name on the list of 600 defendants so I informed the Plaintiff's lawyer that the company was dissolved but he then told me I was therefore responsible & they would accept $25000 out of court settlement. The defendants on the civil lawsuit are named as 'The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A'. What should I do as my business in the UK was incorporated not unincorporated as per the summons? Am I responsible? I don't know what to do as British law is different to the US law & I don't know the process. Any advice will be greatly appreciated. I have to reply to the Court & Plaintiff's Lawyer within 10 days.

Can I ask what the upshot is to this as also they've filed one with our eBay shop name

 

[adjusterjack]

Folks, the following is information posted in another thread:

I have received a summons and one of the 200 people listed albeit via eBay shop name but delivered to our email address associated with this.
The listings were put on for our limited company in the uk and there were only 4 and only ever 13 sales totaling less than £280 (380 dollars) and all sales were in Europe and none in the USA and none in Florida.

I have responded to the lawyer representing the plaintiff as clearly they have evidence though only from my email they sent summons to and without any further contact information.

I have stated the above re sales and amount and location as would like to sort this issue.

I am running out of time to submit an answer to the court.

I understand that the plaintiff frequently raises these types of civil litigations for their brand Masha and the Bear and from what I've read (unverified) it is a type of shake down and not sure it anything ever goes to court.

this having been said I don't know if they could go after us again if it didn't go to court this time or what sort of find we would get if we didn't answer.

I have prepare an answer for the court refuting parts of their allegations and admitting to others but worried incase it would be dismissed if wrong format or if wise to even submit when though figures and profit so low.

Tried reaching out to various lawyers but response is slow and it is difficult to tell who is any good

I deleted the other thread as a duplicate.

 

[Angela1804]

Folks, the following is information posted in another thread:



I deleted the other thread as a duplicate.

This is a different case and duffferent circumstances and not like the other thread. After any advice that could be helpful regarding specifics that no sakes were made in USA or Florida and only 380 dollars of sales £280

 

[adjusterjack]

Both threads had the same title. Anyway, it's gone now.