Potential legal settlement and voluntary dismissal
Good news for New York art forger Kenny Schachter and the copyright infringement lawsuit that has been filed against him. Plaintiff Elliot McGucken’s lawyers at the have settled this case. On September 7th Judge Sunshine Sykes filed an Order to Show Cause re Dismissal for Lack of Prosecution. The potential legal malpractice claim has been averted by the September 21, 2022 settlement and dismissal of this case.
Defaulted defendant Kenny Schachter finally got lucky.
U.S. District Court Docket Document 45: Elliot McGucken v. Kantor Gallery, Kenny Schachter, et al,
|09/07/2022||45||MINUTE ORDER (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes. The defaulted Defendant(s) have not moved to set aside the default nor otherwise responded in this action. However, Plaintiff has not moved for the entry of default judgment. Accordingly, the Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before September 21, 2022, why this action should not be dismissed, with respect to each defaulted Defendant. (lom) (Entered: 09/08/2022)|
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES— GENERAL Case No. 2:21-cv-04593-SSS-ASx Date September 7, 2022 Title Elliot McGucken v. Kantor Gallery, et al.
Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE
Irene Vazquez Not Reported Deputy Clerk
Attorney(s) Present for Plaintiff(s): None Present
Court Reporter Attorney(s) Present for Defendant(s): None Present
Proceedings: (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution Generally, each Defendant must answer or otherwise respond to the complaint within 21 days after service (60 days if the Defendant is the United States). Fed. R. Civ. Proc. 12(a)(1). In the present case, it appears that Plaintiff served the summons and complaint on one or more Defendants, but such Defendant(s) did not file an answer or otherwise respond to the complaint. Consequently, on August 23, 2021; September 2, 2021; and July 25, 2022, Plaintiff requested the entry of default with respect to the applicable Defendant(s) [Dkts. 14, 18, and 38], and the Clerk entered default on August 25, 2021; September 3, 2021; and July 26, 2022 [Dkts. 15, 20, and 41]. Fed. R. Civ. Proc. 55(a). The defaulted Defendant(s) have not moved to set aside the default nor otherwise responded in this action. However, Plaintiff has not moved for the entry of default judgment.
Accordingly, the Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before September 21, 2022, why this action should not be dismissed, with respect to each defaulted Defendant. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument.
This Order to Show Cause CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv Page 1 of 2 Case 2:21-cv-04593-SSS-AS Document 45 Filed 09/07/22 Page 2 of 2 Page ID #:131 will be discharged if Plaintiff files, before the deadline set forth above, a motion for the entry of default judgment with respect to the applicable Defendant(s). Fed. R. Civ. Proc. 55(b).
IT IS SO ORDERED. CIVIL MIN
Someone at Team Doniger may have made a crucial calendaring mistake. They will probably place the blame for this error squarely upon the shoulders of a paralegal. If attorneys Scott Burroughs, Frank Trechsel and Trevor Barrett don’t wake up soon, they will be in trouble on several different fronts.
Not only does their client have a potential legal malpractice claim against their firm, they may be deemed as incompetent practitioners of law by federal Judge Sunshine Sykes for making such a simple mistake. The elitist legal community and maybe even the State Bar of California will judge them harshly.
Most importantly, bad lawyering is bad business. Doniger’s public image and reputation may be severely tarnished for incompetent as well as unethical practice of law. The firm’s bottom line will plunge as low as their incompetency can drag them.
Doniger Burroughs is the top copyright plaintiffs firm which means Doniger Burroughs is the lowest bottom feeder of the copyright trolling market.
You would think that after the crimes of Tom Girardi went unnoticed for decades that the State Bar would be investigating matters such as this. This is my service of notice by publication that there needs to at least be a disciplinary file opened up by the California State Bar. Plaintiff McGucken has approximately twenty active lawsuits and ten closed cases but I cannot find any court document indicating satisfaction of judgment on his behalf.
Will Court Jester Kenny Schachter Get Lucky?
The best thing Mr. Schacter could do now is to just keep quiet about his adversaries glaring mistake. Do not call or email the Doniger Law firm. Do nothing with Doniger. Kenny should not discuss, post or tweet about his numerous NFT promotions, lawsuits, complaints, negative ratings or bad art reviews in any of his prolific interviews. Hopefully Scott Burroughs, Frank Trechsel and Trevor Barrett will not find this blog in time to wake up and file their entry of $120,000 default judgment against ubiquitous fraudster Kenny Schachter.
Dr. Elliott McGucken’s unmeritorious lawsuits are a waste of limited court resources
The purpose of this blog is to begin an ongoing expose of unmeritorious copyright infringement claims of plaintiff Elliot McGucken against bloggers. This blog lays the date stamp and foundation to factually prosecute professional plaintiff Dr. Elliot McGucken and make the State Bar of California aware of his attorneys’ law practice being below the standard of legal care. McGucken is gucking up the legal system.
The good news is that the Doniger Burroughs law firm provides original educational legal content and lots of it. Maybe Kenny will get lucky . . .