Let's try the ISP that is hosting it. They are, technically, the "innocent soul" in between. It's their business and they won't take too kindly to this kind of activity. Additionally, it may thwart your legal action.

I take it it's this site: http://paulmcmann.com/ that is of concern? I'm pretty sure Go Daddy wouldn't take it too kindly if you violated their DNS and/or webservers.