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BAIT AND SUE: Elliot McGucken wants you to steal his photos

1. 02-03-2021: BAIT AND SUE: The Dark Art of Copyright Trolling
2. 07-24-2022: BAIT AND SUE: Elliot McGucken wants you to steal his photos
3. 07-27-2022: McGucken Copyright Infringement Lawsuit Index
4. 07-28-2022: Shutterstock may have ripped-off McGucken’s work
5. 07-30-2022: McGucken goes wild with Nat Geo lawsuit
6. 08-02-2022: Where does Plaintiff McGucken ever collect any money from his lawsuits?
7. 08-03-2022: McGucken’s Death Valley Photos Stay Alive in Appellate Court
8. 08-06-2022: RULE 60(b) Relief from McGucken Default Judgment
9. 08-08-2022: McGucken’s Lawyer’s Are Happy

Digital Predator Elliot McGucken.

Elliot McGucken is a technological predator who posts thousands of photographs on the web and then files copyright infringement lawsuits against anyone who uses his photos on their websites. McGucken has sent me two ridiculous demand letters from two different law firms. I’m surprised he hasn’t sued me yet. Maybe McGucken’s process servers cannot locate me. Perhaps Dr. McGucken did some legal research to discover that I am judgment proof. Except for confidential settlements with some of his defendants, it does not appear that McGucken has ever prevailed in any of his frivolous lawsuits. Some of his lawsuits have been dismissed by the court for failure to properly file and serve his proof of service.

Be careful, if you don’t answer his summons and complaint, McGucken has obtained at least one Clerk’s Entry of Default Judgment:

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Thank you to my readers who have written in regarding this prolific Internet copyright troll. Click bait scam artist Dr. Elliot McGucken has been terrifying my readers with his copyright infringement demand letters. McGucken is a quack and a fraud who needs to be exposed for his crimes.

Evidently plaintiff McGucken has realized that I am not worth the expense of going after. McGucken has so many balls in the air it appears that some of his cases are dismissed for lack of timely prosecution. Elliot McGucken threatened me twice and so I made this list of his United Stated District Court cases.

elliot mcgucken
elliot mcgucken v shutterstock copyright litigation index

If you have assets that need to be protected from predators, you may want to review the answers to the many complaints McGucken has filed in United States District Court. Here are the complaint and answer in McGucken v. Pepperdine University.

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McGucken posts his photos all over the web and then uses Google search by image to find out who is using them. He is the only photographer out there who stoops this low. McGucken is a parasite who inspired me to start using royalty free photographs from Unsplash:

July 14, 2022 4:22 am Email from Francesca:

“Thank you for your post about Mc Gucken. My friend is his latest victim. It is very scary. His demands are threatening. It feels like extortion bc he will try to ruin a professional standing unless you give him his amount of $$ even if you don’t have it. He doesn’t care. My friend is trying to preserve his Good name in the art world. This is quite tormenting. Would you be able to tell us anything we can use legally. Your post was so disturbing but it made me realize how low he will go. I am so deeply troubled you are going through this. Let me assure you there is still Mercy out there but people like Mc Gucken are just pure evil. I do hope you are feeling better. I will pray for you to recover. Sir, what advice can you give. Is it better to just pay the Devil & get free or Fight! Seems even if you win you lose bc of the legal nightmare. This is sleepless nights & fear of losing a Good Name in his Art Profession. I am sure you can empathize. There was no willful intent. Mc Gucken puts out photos & it’s like click bait & then you get “The Letter”. It seems a very calculated Money Grab scheme but legal. We are on your side. Hope we can help one another. I have been researching PacerMonitor & found plenty of suits. I can send them to you if you want. I think my friend will counter sue for extortion demand or defamation. I don’t know at this point. Thank you for reading all this. I know you understand the anguish. I hope you can talk with me & perhaps join forces. I know Pepperdine College is my next contact. He is suing them too. He is suing lots of deep pocket people. Your post was shocking. To torment you while your health is failing. Just outrageous. Well, I hope to hear from you. Get Well Soon.
Best, Francesca”

Dear Francesca: My Myasthenia Gravis was healed!

Have you hard the good news? I am not dying after all! Now I live to punish wrongdoers of all stripes and colors. Elliot McGucken threatened me twice with the same form demand letters that your ‘friend’ received. I am judgment proof and so I just ignored both of the shakedown letters that I received. In fact I went one better than that, I posted McGurk’s demand letters right here on my blog. Search engines love pdf files. Search bots love all new content posted on the Internet. That’s why I also posted your letter, it was new content to feed the hungry search bots. Fresh crime news plays well on the web.

Thanks to you I have posted a sample answer in McGurk v. Pepperdine to assist you and others similarly situated. I am going to do some research to find out if McGurk actually received an award of monetary damages in any of his hundreds of lawsuits he has filed in United States District Court.

news elliot mcgucken threatened me twice
Sample Answer to McGurk v. Pepperdine Copyright Infringement Complaint

I am always rather skeptical when I receive letters requesting free legal advice for a ‘friend’. Especially when they are sent at 4:22am Sunday morning. Having said that, my advice to your ‘friend’ is to immediately remove all of Mr. McGucken’s alleged ‘photographs’ from their content in whatever form that it may exist; print, digital, broadcast or experiential platforms. Secondly, send the shakedown artist a check for $200.00 with the words, ‘cashing this check is payment in full and all claims are waived.’ Dr. McGurk has bigger fish to fry than your friend. McGurk changes law firms frequently. Here is one of his active copyright infringement lawsuits against lofty Pepperdine University in Malibu.

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Send me proof of your authenticity

If you are for real, contact me again with more specific information. Provide evidence that you are who you say you are and your friend is legitimate and not scam artists yourselves. I require proof of authenticity. McGucken threatened me twice and so I will assist you and your friend but I am not going to use the email address you gave me. Only the paranoid survive. Send me a voice number.

You can follow McGucken v. Pepperdine on Pacer:

Date Filed#Docket Text
04/28/20221 COMPLAINT Receipt No: ACACDC-33209224 – Fee: $402, filed by Plaintiff Elliot McGucken. (Attorney Scott A. Burroughs added to party Elliot McGucken(pty:pla))(Burroughs, Scott) (Entered: 04/28/2022)
04/28/20222 CIVIL COVER SHEET filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 04/28/2022)
04/28/20223 NOTICE of Interested Parties filed by Plaintiff Elliot McGucken, (Burroughs, Scott) (Entered: 04/28/2022)
04/28/20224 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Elliot McGucken. (Burroughs, Scott) (Entered: 04/28/2022)
04/28/20225 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 04/28/2022)
05/02/20226 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Patricia Donahue. (Attachments: # 1 CV11C) (jtil) (Entered: 05/02/2022)
05/02/20227 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Pepperdine University. (jtil) (Entered: 05/02/2022)
05/18/20228 FIRST AMENDED COMPLAINT against all Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Elliot McGucken(Burroughs, Scott) (Entered: 05/18/2022)
05/18/20229 Request for Clerk to Issue Summons on Amended Complaint/Petition 8 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 05/18/2022)
05/19/202210 21 DAY Summons Issued re Amended Complaint/Petition 8 as to Defendant Pepperdine University. (es) (Entered: 05/19/2022)
05/25/202211 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Amended Complaint/Petition 8 filed by Defendant Pepperdine University.(Attorney David B Sandelands, Jr added to party Pepperdine University(pty:dft))(Sandelands, David) (Entered: 05/25/2022)
05/26/202212 PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Pepperdine University served on 5/23/2022, answer due 7/13/2022. Service of the Summons and Complaint were executed upon Marc P. Goodman in c/o Carina Causey/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) (Entered: 05/26/2022)
06/17/202213 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (et) (Entered: 06/17/2022)
06/20/202214 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 06/20/2022)
06/30/202215 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Pepperdine University. (Cislo, Daniel) (Entered: 06/30/2022)
07/01/202216 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Patricia Donahue to Judge George H. Wu for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Jacqueline Chooljian. The case number will now reflect the initials of the transferee Judges 2:22-cv-02851 GW(JCx). (rn) (Entered: 07/01/2022)
07/05/202217 STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth “Local Rules”) 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 07/05/2022)
07/13/202218 ANSWER to Amended Complaint/Petition 8 filed by Defendant Pepperdine University.(Cislo, Daniel) (Entered: 07/13/2022)
07/13/202219 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) 18 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) (Entered: 07/13/2022)
07/13/202220 CERTIFICATE of Interested Parties filed by Defendant Pepperdine University, identifying Dr. Elliot McGucken; Pepperdine University. (Cislo, Daniel) (Entered: 07/13/2022)
07/13/202221 NOTICE of Related Case(s) filed by Defendant Pepperdine University. (Cislo, Daniel) (Entered: 07/13/2022)
07/14/202222 MINUTES IN CHAMBERS – ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for August 25, 2022 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than August 18, 2022. See Local Rule 26-1. (aco) (Entered: 07/14/2022)
Elliot McGucken threatened me twice and so I am publishing his litigation history in these blogs.
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By Dean McAdams

Born a poor peckerwood in a Tujunga holler, Dean practiced secrets of the ancient & modern masters to end up liberated in the coastal paradise of West L.A.