Toffa v. Doe

Filing 7

CONSENT JUDGMENT signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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ANTOINE TOFFA.
Plaintiff,
Case No.: 17-CV-01608-RSM

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v.
CONSENT JUDGMENT
RYAN EDLIN aka RYAN EDIN,

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Defendant.
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Plaintiff Antoine Toffa, by and through his attorneys Revision Legal, PLLC and
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Ranallo Law Office, and Defendant Ryan Edin, stipulate and agree as follows:
1. On October 28, 2017, Plaintiff filed his Complaint against a John Doe defendant
asserting a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030,
Conversion, Intentional Interference with Contractual Rights, and seeking Declaratory

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Relief regarding Defendant’s actions to unlawfully obtain possession and control over
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Plaintiff’s <opinions.com>, <brands.com>, <companies.com>, and <polls.com>

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domain names (collectively referred to as the “Domain Names”).

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2. The Defendant, now the registrant of the Domain Names as listed in the public WHOIS

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records, used a privacy protection service called WHOIS GUARD, INC. to shield his
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personal details from public view.

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CONSENT JUDGMENT - 1

Revision Legal
8051 Moorsbridge Rd.
Portage, MI 49024
269-281-3908

Ranallo Law Office
10411 Alderbrook Pl. NW
Seattle WA 98177
831-607-9229

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3.

On October 29, 2017, Plaintiff’s counsel provided WHOIS GUARD, INC. a court-

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stamped copy of the Complaint and demanded it drop the privacy protection on the

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Domain Names’ public WHOIS records.

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4. On October 29, 2017, Plaintiff’s counsel provided a court-stamped copy of the

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Complaint to domain name registrar eNom, Inc., located within this judicial district, and
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requested the Domain Names be locked from further transfer.

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5.

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On October 30, 2017, eNom sent the registrant of the Domain Names an email
informing him this lawsuit had been filed and that eNom was placing a lock on the

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Domain Names. eNom sent that email the following email addresses:

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[e-mail],
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[e-mail],

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[e-mail], and

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[e-mail].

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6. On October 31, 2017, WHOIS GUARD, INC. responded to Plaintiff’s counsel and

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provided the following WHOIS information for <brands.com>

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Name:
Address:

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Phone:
Email:

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Ryan Edin
2 Willow Glen, Branton, Doncaster
South Yorkshire, DN3 3JD
GB
+44.7939901233
[e-mail]

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7.

On or about October 31, 2017, the registrant of the Domain Names emailed the

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Plaintiff and stated that he was willing to return the Domain Names to Plaintiff’s

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possession.

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8. The current registrant of the Domain Names is Ryan Edlin.

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CONSENT JUDGMENT - 2

Revision Legal
8051 Moorsbridge Rd.
Portage, MI 49024
269-281-3908

Ranallo Law Office
10411 Alderbrook Pl. NW
Seattle WA 98177
831-607-9229

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9. Ryan Edlin admits the WHOIS information provided in ¶ 6 above contains an inaccurate
spelling of his last name.
10. Ryan Edlin acknowledges receipt of Plaintiff’s Complaint.
11. Ryan Edlin hereby waives any requirement of service of the Complaint, consents to being

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named as the Defendant in this matter in substitution for the “John Doe” Defendant, and
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consents to receive all further documents in connection with this matter at the address in
¶ 6 above.
12. The parties agree that the Court has subject-matter and personal jurisdiction over
Defendant Edlin, and that venue properly lies in the United States District Court for the

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Western District of Washington.
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13. Without admitting liability, Defendant Edlin wishes to resolve this matter and consents

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to entry of judgment in the above-captioned case consistent with this Consent Judgment.

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14. The parties agree to entry of this Consent Judgment without contest.

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15. Defendant Edlin has notice of and understands the provisions of this Consent Judgment.
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16. Defendant Edlin agrees that Plaintiff is the rightful owner of the Domain Names.

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17. Defendant Edlin consents to this Court entering an order requiring the registrar of record,

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eNom, Inc., to take necessary actions to transfer <opinions.com>, <brands.com>,

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<companies.com>, and <polls.com> into Plaintiff’s full and final possession.

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18. Defendant Edlin agrees to provide any and all assistance or cooperation necessary to
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effectuate the transfer of <opinions.com>, <brands.com>, <companies.com>, and
<polls.com> into Plaintiff’s full and final possession
19. The parties waive the right to appeal from this judgment and will bear their respective
costs, including attorney fees, incurred in connection with this litigation.

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CONSENT JUDGMENT - 3

Revision Legal
8051 Moorsbridge Rd.
Portage, MI 49024
269-281-3908

Ranallo Law Office
10411 Alderbrook Pl. NW
Seattle WA 98177
831-607-9229

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20. The items above are true and represent the agreement reached between the parties.
PLAINTIFF
/s/ Eric Misterovich
Eric Misterovich (P73422)
Pro Hac Vice Granted (ECF No. 3)
Revision Legal, PLLC
8051 Moorsbridge Rd.
Portage, MI 49024
269.281.3908
269.235.9900 (f)
[e-mail]

DEFENDANT
______________________
Ryan Edin
2 Willow Glen, Branton, Doncaster
South Yorkshire, DN3 3JD, GB
+44.7939901233
[e-mail]

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Therefore, upon motion of the parties, and for cause shown,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1. That

Plaintiff

is

the

rightful

owner

of

<opinions.com>,

<brands.com>,

<companies.com>, and <polls.com>;
2. That the registrar of record, eNom, Inc., shall take any and all necessary actions to transfer

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<opinions.com>, <brands.com>, <companies.com>, and <polls.com> into Plaintiff’s full
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and final possession;
3. That Defendant Edlin shall comply and provide any and all assistance or cooperation
necessary

to

effectuate

the

transfer

of

<opinions.com>,

<brands.com>,

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<companies.com>, and <polls.com> into Plaintiff’s full and final possession;
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4. That each part shall bear all fees and other expenses, including attorney fees, incurred by
such party in connection with any stage of this proceeding;
5. That this Court shall retain jurisdiction for purposes of enforcing compliance with the
terms of this Consent Judgment; and

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6. This matter is now CLOSED.
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CONSENT JUDGMENT - 4

Revision Legal
8051 Moorsbridge Rd.
Portage, MI 49024
269-281-3908

Ranallo Law Office
10411 Alderbrook Pl. NW
Seattle WA 98177
831-607-9229

Dated this 12th day of December, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
/s/ Nicholas Ranallo
Nicholas Ranallo
Washington Bar No. 51439
10411 Alderbrook Pl. NW
Seattle, WA 98177
[e-mail]
[phone]
/s/ Eric Misterovich
Eric Misterovich (P73422)
Pro Hac Vice Granted (ECF No. 3)
Revision Legal, PLLC
8051 Moorsbridge Rd.
Portage, MI 49024
269.281.3908
269.235.9900 (f)
[e-mail]

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CONSENT JUDGMENT - 5

Revision Legal
8051 Moorsbridge Rd.
Portage, MI 49024
269-281-3908

Ranallo Law Office
10411 Alderbrook Pl. NW
Seattle WA 98177
831-607-9229