Huntington Beach, CA. Thursday, May 27, 2004. Leslie A.
Kelly announced today that he and his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA have been
advised by the Comcast Corporation in the matter of an e-mail sent on August
21, 2003, by a "Mark Johnston" that its records indicate that Mark Johnston
resides at 1300 W. Shady Grove Road, Apt. 215, Irving, TX 75060. There is no
Mark Johnston at that address. Additional information, to include the credit
card account used to set up the account, to firmly establish the identity of
the person who sent the August 21, 2003, e-mail is being followed out.
Kelly is also pursuing several additional leads, to include a review of three
filings he submitted to Chilling Effects
and were posted by that group on August 16, 2003. These filings at Chilling
Effects were the primary premise upon which the threatening e-mail was based.
Kelly is also pursing the identity of AOL user "Bxk2311" who sent an e-mail on
August 15, 2003, expressing concern over the purpose of NetCopyrightLaw.com and
Kelly's pursuit of copyright infringers. The coincidence of this e-mail,
possibly written by one of the law students assigned to the Chilling Effects
project, and the posting of the filings at Chillings Effects the following day,
and the subsequent e-mail from "Mark Johnston" are too compelling to ignore.
According to information provided by Chilling Effects:
"Notices are annotated by law students under the supervision of15, 2003 clinical
programs at Harvard Law School's Berkman Center for Internet & Society,
Stanford Law School's Center for Internet & Society, Boalt Hall's Samuelson
Law, Technology and Public Policy Clinic, USF Law School's IIP Justice Project,
the University of Maine School of Law, George Washington University School of
Law and the Electronic Frontier Foundation. The annotations are meant to
explain general legal issues, but cannot give individual legal advice."
Kelly received the notices on August 16, 2003, regarding the three postings for
which AOL Subscriber "Bxk2311" was likely referring and which were referenced
in the August 21, 2003 from "Mark Johnston". The common thread is the reference
to E-Market Media, The Family Gathering Furniture and American Cigar Cabinets,
Inc.
Please follow the link below to access the C&D Notice:
http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=702
http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=701
http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=699
Was AOL Subscriber "Bxk2311" involved in review of Kelly's submissions?
Possibly. Does he or she know the real Mark Johnston whose identity was
fraudulently used? The real Mark Johnston is a graduate of the Harvard Law
School. The Chillings Effects posting was generated by the Harvard Law School.
Anyone who does the math might be inclined to infer a connection. Kelly
certainly does. And he is continuing the search for the perpetrator who sent
the August 21, 2003, e-mail threatening him with various actions, none of which
have materialized.
And, it might be noted, that Doyle Yoder has filed a lawsuit in the US District
Court, Northern Ohio, Eastern Division.
Case 5:04-cv-00762-DDD Yoder v. American Cigar Cabinets, Inc., has been
assigned to Judge David D. Dowd, Jr.
Huntington Beach, CA. Tuesday, April 27, 2004 Leslie A. Kelly
announced today that he and his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA appeared in the
courtroom of Judge Moss today. After brief pleadings, Judge Moss affirmed the
following decision and Comcast has agreed to forthwith comply with complete
identification of the perpetrator.
Comcast
Cable Communications, LLC's motion for reconsideration. Motion denied. On
November 18, 2003 this court ordered Comcast to respond to the previously
issued subpoenas. The court purposely declined to award sanctions at that time,
giving Comcast the benefit of the doubt. Comcast admits it received notice of
this ruling. Counsel for plaintiff was in communication with Comcast employee
Austin on these issues as evidenced by the correspondence back and forth. It is
difficult to believe that a sophisticated business such as Comcast would not
make arrangements to have mail forwarded when it changed offices so as not to
allow important correspondence fall through the cracks. The court finds that
Comcast did have notice of the March 23, 2004 hearing and failed to appear.
Regarding the recently discovered records referenced in Comcast's opposition
brief, Comcast is ordered to produce those records no later then May 17, 2004.
Moving party to give notice.
Huntington Beach, CA. Friday, April 16, 2004 Leslie A. Kelly
announced today that his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA has
responded to the Comcast filing with a clear message that Comcast continues,
even when they have identified the likely perpetrator, to stonewall Kelly
despite a court order to reveal the identity of the threatening e-mail that
caused Kelly to file this lawsuit
Huntington Beach, CA. Tuesday, April 6, 2004 Leslie A. Kelly
announced today that his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA has learned that
Comcast Corporation has now identified the owner, and likely perpetrator of the
threatening e-mail that caused Kelly to file this lawsuit, based on their
records, from their response of April 2, 2004. Comcast claims to be required to
advise the not yet identified person that Kelly is seeking their identity based
on the Cable Communications Policy Act. Oddly enough, or
perhaps it is the telling factor, someone from Munger
Tolles & Olson visited NetCopyrightLaw.com on the same
day that the notice would have been sent to the "real" Mark Johnston.
Coincidence? Or have we arrived at the answer.
Question now is: Is the "real" Mark Johnston the "real" Mark Johnston who sent
the e-mail to Kelly, or was it an associate at Munger Tolle & Olson or
elsewhere? Kelly believes that the answer is here in the NetCopyrightLaw.com
"stats file":
2004-04-06 16:21:31 66.120.132.210 - /kellyvdoes.asp - 200 0 Mozilla/4.0+(compatible;+MSIE+6.0;+Windows+NT+5.1;+Q312461)
http://www.google.com/search?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=%22Mark+J.+Johnston%22
April 27, 2004 is the next court date with Comcast Corporation at which time
this matter will likely come to a head!
Huntington Beach, CA. Tuesday, March 23, 2004 Leslie A. Kelly
announced today that his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA appeared in court
on behalf of Kelly. No representative of Comcast Corporation appeared as
previously ordered by the Judge. The Judge was extremely unhappy that
Comcast Corporation did not bother to appear and even more so that they have
not obeyed his orders to provide the requested information. The Judge granted
Kelly financial sanctions and other actions. Comcast
Corporation has recently hired an outside counsel to represent itself in this
matter. That Attorney contacted Krongold late this date to ask what happened at
the hearing. Krongold advised him. Stay tuned as we may finally be close to
knowing who the perpetrator that impersonated an Attorney might be. Could that
person be a Bay Area resident and a client of Primedius.com?
Huntington Beach, CA. Tuesday, March 9, 2004 Leslie A. Kelly
announced today that his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA has obtained an
Order To Show Cause why ComCast Corporation cannot comply with the Judge's
order to Compel granted in November 2003. The Judge's motion required ComCast
Corporation to provide the appropriate business records to identify the
individual who sent Kelly a fraudulent e-mail on August 21, 2003. That e-mail,
sent in the name of Mark J. Johnston, CA State Bar #201014, sought to
intimidate and disrupt Kelly's activities on behalf of Doyle Yoder to reach
settlements with American Cigar Cabinets, Inc, E-Market
Media, Inc., and Family Gathering Furniture.
Krongold will serve subpoenas on ComCast officials in California for the next
court hearing now scheduled for Tuesday, March 23, 2004. Incredibly, despite
acknowledging that the correct records are in "storage", Gerard J. Lewis, Jr.,
Senior Counsel & Chief Privacy Officer, Comcast Cable Communications, Inc.,
has offered to provide the identification of the supposed current user of this
e-mail address rather than the individual assigned to the e-mail address in
August 2003. Notes Kelly, "Why would I care to know who owns the e-mail address
of the current user. I have no interest in learning that information. The
perpetrator of the e-mail sent to me on August 21, 2003, is the person for whom
I have interest. It is hard to understand why ComCast would seek to hide the
identity of a person who has committed fraud using its services. It would seem
to me that ComCast's legal department would have interest in identifying an
individual who assumed the identity of an Attorney and committed fraud rather
than attempting to hide behind obfuscation and delay!"
Kelly originally filed in the matter in an effort to locate and identify the
perpetrator. It is his intent to file criminal and/or civil charges to seek
damages in the matter, upon identifying the person (or persons) who are
responsible for the e-mail. The real Attorney Johnston has indicated that he
believes that it is someone who may know him. Because of the references to
referral from the Electronic Frontier Foundation (EFF), Kelly believes that the
person (or persons) will be revealed to have strong ties with that group and a
direct or indirect relationship of some kind to E-Market Media, Inc.,
The Family Gathering and/or American Cigar Cabinets, Inc.
In Search Of Mark Johnston, Esq. Or Who Stole His Identity To Fraudulently
Threaten Kelly?
Huntington Beach, CA. Thursday, February 12, 2004 Leslie A.
Kelly announced today that his Attorney, Steven L. Krongold, Esq.,
BIENERT & KRONGOLD, San Clemente, CA has filed a
motion to seek a Motion of Contempt against ComCast Corporation as the result
of failure to comply with a Motion to Compel granted in November 2003. The
motion required ComCast Corporation to provide the appropriate business records
to identify the individual who sent Kelly a fraudulent e-mail on August 21,
2003. That e-mail, sent in the name of Mark J. Johnston, CA State Bar #201014,
sought to intimidate and disrupt Kelly's activities on behalf of Doyle Yoder to
reach settlements with American Cigar Cabinets, Inc,E-Market
Media, Inc., and Family Gathering Furniture.
Kelly originally filed in the matter in an effort to locate and identify the
perpetrator. It is his intent to file criminal and/or civil charges to seek
damages in the matter, upon identifying the person (or persons) who are
responsible for the e-mail. The real Attorney Johnston has indicated that he
believes that it is someone who may know him. Because of the references to
referral from the Electronic Frontier Foundation (EFF), Kelly believes that the
person (or persons) will be revealed to have strong ties with that group and a
direct or indirect relationship of some kind to E-Market Media, Inc.,
The Family Gathering and/or American Cigar Cabinets, Inc.
Specifically, the motion seeks reimbursement of legal expenses and charges of
Contempt against ComCast Corporation and its employee Sharma Austin, Policy
Abuse Legal Analyst, ComCast IP Services in Cherry Hill, New
Jersey. She has acknowledged to Krongold that ComCast has the records but that
they were stored at another location.
According to the motion filed with the court, "This action arises from the
wrongful impersonation of an attorney in violation of California Penal Code,
section 529(3), for the purpose of interfering or disrupting an economic
relationship between Kelly and third-parties. Kelly filed this "Doe" complaint
to ascertain the identity of the defendant. Despite serving a subpoena on
Comcast Corporation (Comcast), an entity that has records showing the identity
of the defendant, Kelly never received the responsive documents. On October 22,
2003, Kelly filed a motion to compel and for sanctions against Comcast. This
Court granted the motion but denied the sanctions. On November 20, 2003, Kelly
served the Notice of Ruling and the Order Compelling Compliance With Subpoenas
For Business Records (Order) on Comcast. On January 12, 2004, another copy of
the Order was sent via facsimile and mail to Comcast. To date, Comcast has not
complied with the Order and turned over the documents requested."
The hearing date is March 9, 2004, before Judge Robert J. Moss.
Huntington Beach, CA. Monday, December 15, 2003. Leslie A.
Kelly announced today in the matter of
Leslie A. Kelly v Does 1 - 10 that Steven
L. Krongold, Esq., Biernert & Krongold, LLP, will
return to the Superior Court of California, Orange County, Judge Robert Moss,
in Case No. 03 CL 06526. Comcast Corporation, 1500
Market Street, Philadelphia, PA. Comcast Corporaton, for
whatever purpose, failed to comply with the court order issued by Judge Moss,
to produce the identify of Mark.Johnston@Comcast.Net, the sender of an e-mail
threatening Leslie A. Kelly with legal and criminal charges for attempting to
secure settlements in matters of copyright infringement against "Chris Kirkland
and Jack Wangler of The Family Gathering, Inc., John Moore and Bill Fitz of
E-Market Media, Inc., Don E. Green of Amish Woodworking and Don E. Green and
Gregory A. Payne of American Cigar Cabinets, Inc." Kelly's Attorney will
seek a finding of contempt as well as Attorney's fees and compliance with Judge
Moss's order to produce the identity of "Mark.Johnston@Comcast.Net."
Huntington Beach, CA. Monday, November 24, 2003. Leslie A.
Kelly announced today in the matter of
Leslie A. Kelly v Does 1 - 10 that Steven L. Krongold, Esq., has
secured a court order from the Superior Court of California, Orange County,
Judge Robert Moss, in Case No. 03 CL 06526. The Court Order compels Comcast
Corporation, 1500 Market Street, Philadelphia, PA, to produce the identify of
Mark.Johnston@Comcast.Net, the sender of an e-mail threatening Leslie A. Kelly
with legal and criminal charges for attempting to secure settlements in matters
of copyright infringement against "Chris Kirkland and Jack Wangler of The
Family Gathering, Inc., John Moore and Bill Fitz of E-Market Media, Inc., Don
E. Green of Amish Woodworking and Don E. Green and Gregory A. Payne of American
Cigar Cabinets, Inc."
Upon receipt of the e-mail, below, on August 21, 2003, Kelly contacted Mark
Johnston and discovered that while his name and California Bar Number are used,
he disavowed that he sent the e-mail and that he had any knowledge of it.
Kelly's contact with Fred Von Lohman, Senior Staff Attorney, Electonic Frontier
Foundation, yielded a similar negative response when queried about the EFF
references in the e-mail.
Kelly anticipates that he will learn the identity of the fraudulent "Mark
Johnston" by mid December 2003 and will immediately file for damages under
various Federal and State statutes.
The full text of the e-mail reads as follows:
CONFIDENTIAL EMAIL - Attorney-Client Privileged and/or Attorney Work Product -
This email is only for use by the intended recipient. If received in error any
use, disclosure or copying is prohibited. Any inadvertent receipt shall not be
a waiver of any privilege or work product protection. Please contact the sender
at mark.johnston@comcast.net
Mr. Kelly,
I've recently had your site and 'demand' letters brought to my attention by
colleagues on staff with the Electronic Frontier Foundation who saw fit to
refer your case to my office. Admittedly, I'm still in the process of
familiarizing my self with your case, but what I've read to date is deeply
troubling, to say the least. While some of your complaints may have been
legally justified in the complaint, the materials provided by the EFF suggests
that in a majority of your 'cases' you lack the legal standing to participate
in a substantive manner in regards to either litigation or settlement
discussions. Particularly in regards to your recent dealings with American
Cigar Cabinet, Inc, The Family Gathering, and E-Market Media, Inc. Perusing
your website, NetCopyRightLaw.com, the 'settlements' page also raises questions
meriting further investigation.
Perhaps you're not aware, but many of your actions in regards to the
aforementioned matters meets the definitions required to be considered as a
violation of California's Business and Professions Code §6125 and §6126(a)
under the Unauthorized Practice of Law statutes in addition to the strictures
of the various federal jurisdictions you may have filed, or caused to be filed,
any document or instrument of litigation. As well, many of the various
'consulting' services you offer infringe upon the rights restricted to those
admitted to the bar.
While I intend to pursue your case through several avenues, consider this first
communication notice of intent to notify the California State Bar as well as
the Orange County DA's office to pursue possible prosecution under the
above-mentioned statutes as well as an informal cease & desist letter,
though a formal version will be following shortly via registered mail. Should
you choose to proceed as you have in the above cited matters, I've been
authorized to file complaints on behalf of the affected parties seeking orders
of injunction and no contact as well as pursuing damages for harassment and
vexatious litigation. While you may consider yourself justified, your actions
and conduct have exemplified the worst abuse of the legal system I've seen to
date in my practice of law. While you're certainly entitled to earn your living
how you choose, Mr. Kelly, I'd strongly advise against continuing to bully
potentially innocent individuals into outrageous settlements using the threat
of prosecution as a club. It's rather frowned on by the court as well.
In summation, I'd appreciate it If you could provide me with contact information
for you attorney so discussions can be opened on the resolution of the matter.
I'm sure you've better things to spend your time on than answering the series
of interrogatories and subpoenas that should be forthcoming. If you could get
back to me before the end of the business day tomorrow, it'd be greatly
appreciated.
Respectfully,
Mark Johnston, Esq.
State Bar #201014
CONFIDENTIAL EMAIL - Attorney-Client Privileged and/or Attorney Work Product -
This email is only for use by the intended recipient. If received in error any
use, disclosure or copying is prohibited. Any inadvertent receipt shall not be
a waiver of any privilege or work product protection. Please contact the sender
at mark.johnston@comcast.net
