A San Francisco hearing scheduled in a case involving copyright trolling firm Prenda Law was cancelled this morning. Another Prenda case has also been tossed out, dismissed with prejudice by US District Judge Samuel Conti. Like some other Northern California judges, Conti had ordered Prenda to post a sizeable bond ($50,000 in this case) if it wanted to proceed with it claims against the defendant, Andrew Magsumbol.
The reason for the bond is so that defendants would have some assurance that they could recoup at least some costs if they prevailed in case. As in every case where Prenda was asked to post a bond to proceed, Prenda decided it wasn’t worth it. It didn’t actually want to sue the defendant with the charges it had originally outlined, of illegally downloading porn off BitTorrent.
“More than thirty days have passed since the Court required Plaintiff to post an undertaking, and Plaintiff has not complied,” wrote Conti in his order. “Nor does it express any intention or desire to do so. Indeed, Plaintiff’s attorneys ‘anticipate this case will be dismissed in the near future for failure to post this amount.’ They are right. Plaintiff’s refusal to post the undertaking is grounds for dismissal.”
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