Corbin Fisher: Oron Settlement Should Be Enforced

Rhett Pardon

LAS VEGAS — Corbin Fisher counsel told a federal judge today that they won't stand in's way making several settlement documents public and that the court should enforce a settlement.

The latest dispute arising in the case includes the apparent leak of two confidential documents that included communication between attorney Marc Randazza, Corbin Fisher's general counsel, and Oron attorney Stevan Lieberman. Corbin Fisher attorneys say the lawuit is now settled.

The documents included settlement terms after the gay porn studio sued the file-locker site in a $34.8 million copyright infringement claim over 232 pirated videos.

The papers made their rounds on the Internet after third parties had apparently striped away crossed-off paragraphs but were redacted last week by U.S. District Judge Gloria Navarro.  

Corbin Fisher counsel Marc Randazza, in a stinging reply to Oron's motion to oppose placing the two documents under seal, told the court that accusations his firm had something to do with the leakage are false and that statements made to that effect should be stricken.

"In fact, given the lies and the unprofessional tenor adopted by defendants in the opposition, it is almost imperative that [the documents] be shown the light of day," said Randazza, who told the court he would  decline to address "each and every unprofessional and ad hominem attack and factual misrepresentation" earlier made by Oron attorneys.

In Oron's opposition to keep the docs sealed, its counsel earlier accused Corbin Fisher attorneys or law firm members "multiple times" of the leakage.

"Because [Corbin Fisher] has apparently allowed the settlement terms to be disclosed to — and discussed by — the Internet community, plaintiff has destroyed any chance of Oron continuing as a going concern," Oron's opposition statement said.  

But Randazza told the court that Oron's statements were ridiculous, impropriety is obvious and that the "malicious and vituperative nature of the opposition is surprising."

"There is an old trial lawyers’ saying, 'When the facts are on your side, pound the facts. When the law is on your side, pound the law. When neither is on your side, pound the table,'" Randazza said in a reply to the opposition.

"In the opposition, the defendants seem to realize that neither the facts, nor the law, are on their side in [a settlement motion], so they pound on the table in an effort to distract the court and to lash out with juvenile personal attacks on counsel."

Randazza in the brief today asked the court to enforce a settlement, which he says was consummated.

Randazza went on to say that Oron counsel now have refused to communicate since being informed of the intention to file a motion to enforce settlement.

"The settlement should be enforced before the parties expend further resources on a case that is, as of now, settled," he said.

Randazza explained to the court that Oron claims that Corbin Fisher rejected the settlement terms. But Oron's own exhibits supposedly supporting this fact does no such thing, he said.

"In fact, the only contentious issue was whether or not the settlement agreement should benefit [Oron's reported chief executive Maxim] Bochenko as well," Randazza said. "Given that Bochenko swore,  under penalty of perjury, that he had no connection whatsoever to [parent company] FF Magnat Ltd. or, the plaintiff was understandably confused when counsel for Oron began negotiating on his behalf and began insisting upon benefits for him.

"Nevertheless, in the interest of finalizing settlement, the plaintiff even conceded on this part. However, the fact that FF Magnat Ltd. was so insistent upon this point strongly suggests that Mr. Bochenko’s declaration is perjurious in nature."

View Corbin Fisher's reply to defendant's opposition to motion to seal portions of the file