RestrainingOrderAbuse.com – Defiantly.net: Legal Case commentaries

January 31, 2015

ELI Forums Revisit: Timothy B. McCormack is a Free Speech Thug & First Amendment Butcher

Writing about Todd, his website RestrainingOrderAbuse.com (ROA), and Todd’s alleged court order and instructions to remove all named references of his accuser and legal adversary sparked another unhappy memory. Seattle attorney Timothy B. McCormack twice foolishly interjected himself into legal dispute between myself and the Dash Poet (Linda Ellis). He interjected himself by sharing a copy of a 2007 unconstitutional permanent (lifetime) stipulated injunction/order he proudly crafted that essentially snuffed out the First Amendment rights of an individual, Brent David Simcosky, who made online rants of his unhappiness with Host America Corporation. The following copy of this unconstitutional permanent (lifetime) stipulated injunction/order sat on my desk since March 2013 and it never fully registered with me (until September 2014) how truly damning it was to both McCormack and Host America Corporation.

I revisit this post here on Defiantly because it further supports my assertion that many individuals get their First Amendment, online speech rights snuffed out because of overstepping judges, local courts that have little oversight, “dirty” lawyers, and, of course, legal ignorance by those self-represented individuals ill-equipped and inexperience in the local judicial system.

This obscure “local” case of Host America Corporation (a Colorado Corporation) vs. Simcosky from 2007 in the Thurston County Superior Court of the State of Washington is a prime example and a prelude of local judges and lawyers using dirty tactics to take advantage of a non-lawyer’s legal ignorance to give up his First Amendment rights to speak ABOUT someone.

The full original thread of discussion is on the ELI Forums. However, I have taken the liberty to selectively cut-and-paste parts of that discussion so that Defiantly readers can come up to speed.

I can now come out and say with great certainty that Timothy B. McCormack is not only a copyright extortionist, Timmy is also a free speech thug and a First Amendment butcher.

It is interesting that although I had the information since February 2013 where Timmy tried to insert himself into a case that had nothing to do with him. (Ellis vs. Chan and the subsequent appeal Chan vs. Ellis), it didn’t click with me that Timothy B. McCormack was an experienced Free Speech Thug & First Amendment butcher, not just a copyright thug.

One of the legal scholars, Eugene Volokh, who authored an amicus brief in support of my case and legal position…

http://www.scribd.com/doc/238796451/Chan-v-Ellis-EFF-Amicus-Brief-for-Appellant?in_collection=4336412

… made a casual mention of “cases we may never hear about”. That immediately triggered a memory of one of the “exhibits” McCormack submitted against me.

It was the 2007 case of Host America Corporation (Colorado corporation) vs. Brent David Simcosky.

In Timmy’s effort to silence me, he provided a copy of the restraining order he wrote for his 2007 client Host America Corporation against Brent David Simcosky, as an sample to my local judge to follow. Fortunately, my local judge wasn’t that insane.

It appears that Simcosky had some grievances against Host America and he was quite vocal about it on the Internet. Like many of us, Simcosky used discussion forums to openly vent and communicate his frustrations as well as to legally influence other people through the sharing of opinion and commentary.

http://www.scribd.com/doc/238810281/Host-America-v-Simcosky-Washington-State-Thurston-County-Superior-Court

I don’t have access to the exhibits but it would appear that Timmy produced what he considered the most offensive comments made by Simcosky. Here is the thing… these are rants and “threats” Simcosky made on a public forum. He threatens to tell others about how Host America wronged him. He uses rhetorical hyperbole, profanity, derogatory, and insulting language. However, nothing that is shown in the complaint (minus the exhibits) qualifies it as a “true threat”.

Unfortunately, Simcosky didn’t have the legal insights I did or he wasn’t lucky or resourceful enough to get access to legal minds like I did. But Simcosky was “forced” to sign an unconstitutional restraining order. Simcosky may be forbidden to talk about Host America but the rest of the Internet and Interwebs are not.

http://www.scribd.com/doc/238815136/Timothy-B-McCormack-Unconstitutional-Restraining-Order-Against-Brent-David-Simcosky

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF THURSTON COUNTY

HOST AMERICA CORPORATION, a Colorado Corporation
Plaintiff,

v.

BRENT DAVID SIMCOSKY AKA DAVID BRENT SIMCOSKY,
Defendant.

No. 07-2-01732-5
PERMANENT STIPULATED INJUNCTION

The parties to this action HEREBY STIPULATE to the following Permanent Injunction against Defendant.

D. Brent Simcosky

Host America Corporation 9/25/07

Based on the consent of the parties and the court’s own good judgment it is Ordered:

1. Defendant and any officers, agents, servants, employees, and attorneys, and all other persons in active concert and participation with defendant who receive actual notice of this order, are enjoined from:

a. interfering with plaintiff’s contracts or prospective economic relations;
b. posting on web sites, sending letters or otherwise discussing in any way information about plaintiff or its Board of Directors or its employees, vendors, channel partners or attorneys;
c. doing any other act or thing calculated to, rending to, or likely to unfairly compete with the plaintiff or to unfairly harm the value of plaintiff s stock;

2. Defendant will agree never to mention HOST again, publically (sic), to anyone ever again outside his own attorneys, unless by court order; Defendant will not appear or otherwise participate in any message boards or discussion forums that are affiliated with or that specifically discuss HOST or its affiliates or successors or assigns.

3. Defendant agrees to sign a Clarification Letter regarding misrepresentation of specific facts about the plaintiff and any intemperate or offensive communications for which he was responsible in the form attached to the parties settlement agreement The letter will be sent to David Murphy, the Host America Board of Directors, Channel Partners; plaintiff may use or discuss the letter with anyone in its effort to mitigate any damage caused by defendant or as might otherwise be required by law.

4. Each side will bear their own costs and attorneys, fees, except as noted.

5. The case will be removed from the court’s docket and be considered dismissed and adjudicated but the court will retain jurisdiction for enforcement of this injunction and any judgment that might be filed pursuant to the parties settlement agreement; counsel for plaintiff will retain subpoena power for compliance purposes;

6. If this injunction is violated, upon a good cause showing to the court, the following sanctions against the defendant will be imposed:

a. Payment of attorneys’ fees and costs for any follow-up enforcement action;
b. Surrender of any and all personal computers;
c. Agreement to not use the Internet for 10 years, unless for work; and
d. Damages in the amount of $250,000 and $25,000 in attorneys’ fees (in form of consent judgment).

This order shall go into effect immediately and shalt remain in effect until further order of this Court.

Done in Open Court, Dated: 28th of September 2007.

ANNE HIRSCH
SUPERIOR COURT JUDGE

Presented by Timothy B. McCormack, WSBA #28074
McCormack Intellectual Property Law
Business Law PS
617 Lee St.
Seattle, WA 98109
p. 206.381.8888 / fx. 206.381-1988
tim@McCormackLegal.com

The putz and lawyer hack we call Timmy McCormack unconstitutionally shut down Simcosky and deprived him of his free speech rights. Let’s look at this closely.

In Point 1, Simcosky can’t send letters to anyone any opinions about Host America to anyone? Even non-threatening ones? WTF.

In Point 2, Simcosky can never mention Host America again? WTF, are we in China? He can’t even breathe a word of that company without an attorney? He can’t post anything whether it is true or his opinions on Host America even if it is non-threatening? WTF.

In Point 6, if he violates the order, Simcosky has to surrender all his computers? WTF. Since when can anyone take anyone’s personal or business property over a civil issue? That gives him or Host America the right to just help themselves to Simcosky’s computers? WTF.

And he is going to forbid Simcosky from using the Internet for 10 freaking years except for work purposes? So, Simcosky can’t use the computer to make travel arrangements, make Facebook posts, Twitter posts, play online games, view Netflix movies, make memes on the Internet, make music, write a blog, do Google searches, and all the infinite variety of things people do that don’t have anything to do with work? WTF.

And Simcosky is going to be liable for quarter-million ($250,000) dollars damages/penalties and $25,000 in attorney fees for breathing or posting one word about Host America? WTF.

And the judge who allegedly agreed to this is Anne Hirsch, A Superior Court Judge? WTF.

http://www.co.thurston.wa.us/superior/judge-hirsch.htm

Someone please tell me, who is the bully and extortionist. This is why Timmy is so well hated by so many people. Timmy uses his alleged legal expertise to be a legalized thug.

He accuses Simcosky of extortion? You be the judge who the true extortionist is.

Timothy B. McCormack abuses the restraining order process and tramples over the First Amendment and free speech.

The funny thing about this extortionate and abusive restraining order that outright crushes free speech for Simcosky, is that McCormack is actually proud of it and presented it to the judge in MY case to set an example on me!

Well, the legal boomerang has swung. I have brought along a few legal allies to my side who truly are legal scholars in this field. I have learned much from them these past months. This extortionate and First Amendment crushing restraining order that Timothy B. McCormack authored will likely receive the “Streisand Effect” it truly deserves. The interwebs enjoy learning about this kind of free speech thuggery.

We, at ELI with its many community members, agree that Timothy B. McCormack is a putz and legal hack.

As I stated earlier, for anyone interested in reading the follow-up discussion and commentary to my opening post, please visit that discussion thread on the ELI Forums.

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January 18, 2015

RestrainingOrderAbuse.com: Game Changer Website for Chan v. Ellis

Earlier, I was contacted by the anonymous blogger of RestrainingOrderAbuse.com (ROA) who notified me that anonymous user “Good Prevails” struck again with the “seeding” of Dash Poet, Linda Elllis’ 60-second, out-of-context video of my rant from the 33-minute, 9th episode of The ELI Factor. The seeding of that video can be found in the comment section of this ROA blog post. Because this “seeding” has come up a few times before and will likely persist, it is much easier for me to direct everyone to the video and text summary of that 9th episode of The ELI Factor in its full context. You be the judge if you think it is actually threatening of anyone’s physical safety.

What is more important at this moment is that I call out and formally recognize and thank the anonymous blogger of RestrainingOrderAbuse.com for launching his website. It is an enormously, content-rich information resource. That website became a HUGE game changer for my side after we found out that the Georgia Court of Appeals was transferring my appeal to the Georgia Supreme Court on July 2, 2014. We were pleasantly surprised as we expected that the Georgia Court of Appeals would rule on the case. And if that didn’t go our way, we would then appeal to the Georgia Supreme Court. We never expected we would now go directly to the Georgia Supreme Court.

It turns out the Georgia Court of Appeals felt my appeal dealt with “significant” constitutional issues and that the Georgia Supreme Court was the most appropriate venue to rule on my appeal. When that occurred, I realized that “someone” in higher court understood some of the arguments I made that failed in the lower court. I was reenergized by the unexpected ruling. It was unexpected because I was not optimistic that the appellate judges understood the context of how Internet discussion forums worked, that the Internet wasn’t just one “location”, and how free speech issues translated to the Internet. When I filed my appeal, I felt it would be an uphill battle because this was Internet-related case and the fact that most appeals are rarely overturned.

Although, I am encouraged by recent events, I still take very little for granted. I exercise cautious confidence. I am still of the belief that court appeals are always an uphill battle because I believe appellate judges simply don’t like to overturn lower court decisions unless they really have to. Nevertheless, I think my legal team and my supporters have done an excellent job supporting me in this legal fight. There is not much more I can ask that I did not receive. It is now out of my hands and the with the Justices of the Georgia Supreme Court.

The reason I explain all this is that there was a CRUCIAL piece that was missing when Oscar Michelen and I worked on my appeal. We worked very hard on the briefs, combing through the very limited exhibits we had and the court transcript. He combed through relevant Georgia and federal laws. It appeared that Oscar raised all the legal questions and challenges that needed to be raised. But in my non-lawyer mind, something always seemed to be “missing” but I didn’t know what. One night, I sat in front of the Google website and began some random searches regarding stalking law, protective orders, the First Amendment, and various phrases I thought related to my case and argument. I was looking for any nugget, idea, or case that might help boost my position and argument now that my case was going to the Georgia Supreme Court.

It then occurred to me to Google search with a COMBINATION of phrases “protective orders First Amendment”. I do not recall the exact search combination I used but it led to my “Ah-ha!” moment when I saw the website name RestrainingOrderAbuse.com!

That website name perfectly described what happened to me. The DOMESTIC stalking protective order I received was an ABUSE of the legal system intended to protect people from potentially threatening or dangerous (ex) spouses, ex (significant others), ex (friends), ex (relatives), and other situations where people knew each other, had relationships with one another, and interacted with one another. I had never met, spoke, phoned, emailed, faxed, or communicated with the Dash Poet and yet here I was at the receiving end of a DOMESTIC protective order that forbade me or any of my users and readers from posting about the Dash Poet and washed away over 1,900 posted messages. The missing piece that nagged at me for months was suddenly clear to me. It was the Dash Poet’s ABUSE of the legal protective order system. And as it turns out, there is an epidemic of it going on flying under the radar in lower local courts throughout the U.S. where it is used to silence critics.

The sudden realization of protective order ABUSE drove me to search deeper but it was the website, RestrainingOrderAbuse.com that directly connected me to Legal Scholar Aaron H. Caplan’s legal paper on Civil Harassment Order abuse and Legal Scholar Eugene Volokh’s legal paper on Criminal Harassment Laws & “Cyberstalking”.

I devoured both of those legal papers in the middle of the night pouring over the cases and reading their arguments. I reached out to both legal scholars and shared the facts of my case with them and explained how my case was one they described in their legal papers and it was now going to be tried in the highest court of Georgia. Each of them graciously responded to my email and reached out to Oscar Michelen to ascertain the current state of my case. The very talented and resourceful lawyer that he is, Oscar quickly jumped to bring our legal scholars up to speed which ultimately led to the EFF to sponsor an amicus brief supporting my position and Eugene Volokh personally representing them both in legal brief and in oral argument!

None of this could have happened had it not been for the incredible wealth of information compiled by the anonymous blogger on RestrainingOrderAbuse.com. He connected the dots for me. What happened to me was happening to others throughout the U.S. I was so grateful to him that I made a Paypal contribution to him with a short note of gratitude. Win, lose, or draw, the ROA website expanded our network of contacts, legal expertise, and awareness of the issue of restraining order abuse.

I cannot thank the blogger of ROA enough for his important contribution to my appeal.

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