UPDATE 12/20/11: As expected, Righthaven filed an emergency appeal to the 9th U.S. Circuit Court of Appeals today to block the auction of its copyrights. Also as expected, the filing threw a few more burning trees into the bonfire raging between Righthaven and attorneys representing Wayne Hoehn, who seek $63,720 for his legal expenses after defeating Righthaven's copyright infringement case.
Court Asked to Step in After Righthaven Refuses to Comply with Auction
After Righthaven didn't comply by the close of business Monday, the deadline for compliance, Hoehn’s attorneys at Randazza Legal Group filed a new motion for a “writ of body attachment” asking that Righthaven CEO Steven Gibson and his wife, Raisha “Drizzle” Gibson, a Righthaven officer, be forced to appear in court by U.S. Marshals so they can execute the copyright transfers to the receiver at the threat of being held in contempt of court.The new motion by Hoehn's attorneys reminds Righthaven:
Hoehn’s request for a writ of body attachment should come as no surprise to Righthaven, as it was specifically requested as a condition of non-compliance in the Defendant’s Motion (Doc. # 62 at 9). Also known as a writ of civil commitment or civil arrest, a writ of body attachment commands the U.S. Marshals to apprehend the people the Court wishes to bring before them in civil cases. Once executed, the U.S. Marshals will present the apprehended parties to the Court.Also, on Friday, an attorney for Righthaven, Shawn Mangano, failed to appear during a telephone hearing for a case involving defendant Leland Wolf in the 10th U.S. Circuit Court of Appeals in Denver. The two attorneys representing the defendant, Andrew Contiguglia in Denver and Marc Randazza in Las Vegas, did appear for the telephone hearing and were not pleased by Mangano's absence.
See: Defendant's Motion For Writ of Body Attachment
See: Declaration in Support of Motion for Writ of Body Attachment
See: VEGAS INC article in full