I decided to send this email to the opposing attorneys:
Now that we got our briefings out of the way and had a moment to “cool off,” I’m hoping that you’ve reassessed your options in this matter going forward. I know I have. Notwithstanding your “confidence,” to believe that your Rule 12 motion has the likely probability of being granted is ludicrous. Your argument to the court is essentially that the lawsuit is frivolous and, no less, baseless. It doesn’t take much for an opposing party to reasonably refute that contention, even an unrepresented, unskilled one such as I.
Thus, your next step of ridding your client of this matter (if you choose to continue going down this road) is eventually going to be – if not vis-á-vis some other fantastical motion in the interim – by way of summary judgment, which is a long time from now. Yes, the attorney fees are and will continue to mount, however, worrying about having to foot this bill is the furthest thing from my mind on the remote chance of my defeat. The court would not enjoin a litigant already granted to proceed in forma pauperis this burden in a case that clearly demonstrates on its face a plausible measure of controversy existing between the parties. Admittedly, I may not know all my legal options, but (a) I have a lot of time on my hands, (b) access to a wonderful law library, and (c) am completely driven to take it to appeals court if need be. That said, none of your intimidation tactics (lightly veiled or otherwise) thus far and going forward has and will affect my resolve. So, again, I give your client the opportunity to mitigate this matter before it goes any further.
My offer for settling this matter now stands at $XXX, taxes included; which is a reasonable amount considering the damages I can possibly win at trial by demonstrating the Infringing Work’s attributable profits from the box office figures alone. In the interest of saving your clients’ ruin from exhausting their financial resources as well as a blight to your personal and collective reputations, I implore you: this is not a fight you want made more of a public’s interest, among other things. I am already positioned to have this matter defaulted for several of the parties despite your claim of “representing” a few more than Mr. XXX and Mr. XXX, in addition to your belief that they haven’t been properly served the amended complaint (which, by the way, if you chose to make that an issue in any subsequent pleadings, I do have a rebuttal armed and ready).
In short, your opponent in this matter (me) has nothing to lose and everything to gain. How much that gain is resides squarely on your shoulders. You have five business days (April 26, 2017) to consider this offer and then any subsequent motion filed that I inevitably have to fight will make that amount go up percentage-wise and indeed significantly. If considering anything, consider that this could be a straight concession or a pyrrhic victory.