Preston Poulter et al v. Ali "Dean" Assaf et al (2021)

[5t3n0g0ph3r]

@PocketJacks quit crying that you did not make your case earlier with sufficient evidence.
Wait until Judge Kinkeade makes a ruling before making such filings.
You come off as looking like a childish, sore loser when you are on top (a rare position for you, I know).
If you don't like it, appeal it later.

 

[Captain Manning]

So, what's the deadline for @Spectre_06 to break the law aga... uhhh, I mean file "his client's" objection?

I know he's very busy sitting on his fat ass and doing a gaming stream nobody watches, but it can't be that hard to bang out a short paragraph calling the judge a faggot and threatening to report him to General Mattis.

Or did he finally realize he fucked up the first time and he's not gonna do it?

You come off as looking like a childish, sore loser when you are on top (a rare position for you, I know).

Best double entendre I've seen in a while.

 

[I'm not a Robot]

So, what's the deadline for @Spectre_06 to break the law aga... uhhh, I mean file "his client's" objection?

14 days after being served with a copy of the findings, conclusions, and recommendation that was released on 1/18. If he was served electronically, the deadline has passed.

If you don't like it, appeal it later.

The above says that if you don't object, and the court adopts their recommendations, you lose the right to appeal them.

 

[Captain Manning]

14 days after being served with a copy of the findings, conclusions, and recommendation that was released on 1/18. If he was served electronically, the deadline has passed.

Out of an abundance of caution, I am going to assume that he hasn't been served electronically, and there's a few more days left.

But I gotta be honest... it's looking pretty dire. The Magistrate Judge's recommendation is that Dean has waved the jurisdiction and that Preston appears to have a prima face case for defamation. If Dean doesn't respond with anything, the District Judge is simply gonna rubber stamp that.

The above says that if you don't object, and the court adopts their recommendations, you lose the right to appeal them.

That's a fair point. Preston's objection might have been off the mark, but he was right to make one. Something. Anything.

I assume @FROG is done, and there will be no reply from him, because I can't think of any conceivable reason why he wouldn't want the District Judge to simply adopt the recommendation as it applies to him.

 

[I'm not a Robot]

Still nothing from Dean. Is he content to continue the fight in Texas, or has he given up?

It's too bad he got served first. He should've told his dad not to answer the door, or asked for an extension. Even a week's delay would've sufficed. Preston's lawyer made a mistake by not alleging that Ethan knew Preston resides in Texas in the amended complaint. It looks like Dean could've obtained a dismissal, had he not accidently waived jurisdiction.

 

[Captain Manning]

Still nothing from Dean. Is he content to continue the fight in Texas, or has he given up?

Your guess is as good as mine.

Again, I was told back in October that if "Operaton Stolen Valor Craterface" didn't work, Plan B was for Dean to stop fucking around and hire a lawyer.

The only reason I'm not making hay over the fact that Dean was given $1,130 (including $20 from me personally), and that hasn't happened, is because that doesn't seem particularly fair given that I know you aren't gonna get much professional legal help from such a paltry sum.

I'm beginning to think that the only plan put into effect here is one in which there wasn't supposed to be a return of service on Vikki, and Dean was gonna have Spectre win over the judge with the extensive legal knowledge he picked up while driving a HMMWV and pretending he was a Marine Corps Captain.

It looks like Dean could've obtained a dismissal, had he not accidently waived jurisdiction.

Undoubtedly. Worked for FROG.

 

[I'm not a Robot]

Update: The judge rubber stamped the recommendations. Preston's objections were overruled, while Dean never filed any, and is now barred from appealing this ruling. Preston successfully hauled him into Texas and his motion to dismiss was denied. Ethan Van Sciver, the only party with any money, is allowed to walk away, though he won't get far on foot if Preston decides to sue him in another court.

 

[5t3n0g0ph3r]

Update: The judge rubber stamped the recommendations. Preston's objections were overruled, while Dean never filed any, and is now barred from appealing this ruling. Preston successfully hauled him into Texas and his motion to dismiss was denied. Ethan Van Sciver, the only party with any money, is allowed to walk away, though he won't get far on foot if Preston decides to sue him in another court.

View attachment 2965806

@FROG Good Job.
Though, I'm sure @PocketJacks or Lamont will try to appeal it or refile it somewhere else.
As for Dean, good luck!

 

[jspit2.0]

@FROG Good Job.
Though, I'm sure @PocketJacks or Lamont will try to appeal it or refile it somewhere else.
As for Dean, good luck!

Wouldn't the next step be filing in Jersey?

Ironically, Spectre may have saved Frog by fucking up Dean's case. Peggy may be satisfied with using his mommy/daddy money to harass the other two.

 

[5t3n0g0ph3r]

Wouldn't the next step be filing in Jersey?

Maybe Florida because Lamont is from there.

 

[jspit2.0]

Maybe Florida because Lamont is from there.

That would fit the lolsuits purpose, which is to force Frog et al to burn money on attorney fees.

Though, Florida has the same problem as Texas. The court grants motion to dismiss for lack of personal jurisdiction. Going off the Waid case and what was discussed there, personal jurisdiction has to do with Frog, Vikki, and Dean's connection to Florida?

It sounds just like Peggy. File this meritless claim in another wrong court and force them to pay to get rid of it. Wonder what his parents would have thought of their hard earned money being effectively lit on fire like this to harass e-nemies.

 

[The Coon]

Wonder what his parents would have thought of their hard earned money being effectively lit on fire like this to harass e-nemies.

I honestly think they would not be surprised. People usually show more of their real self in private with their family, so I'm sure his parents figured it would be this or something equally as stupid.

 

[I'm not a Robot]

New Deadlines
February 23rd - Rule 26(f) Conference between Preston and Dean
March 2nd - Rule 26(f) Report
(Discussions on their claims and defenses, potential for settlement, discovery plan, retention and preservation of data.)
March 2nd - Move for default judgment on Vikki

Spoiler: STANDING ORDER ON DISCOVERY AND OTHER NON-DISPOSITIVE MOTIONS

Spoiler: ORDER REQUIRING MOTION FOR DEFAULT JUDGMENT AND RULE 26(f) REPORT

 

[Strix454]

It sounds just like Peggy. File this meritless claim in another wrong court and force them to pay to get rid of it. Wonder what his parents would have thought of their hard earned money being effectively lit on fire like this to harass e-nemies.

My impression is that he lit a whole lot more of their money on fire during his time LARPing being a movie producer in LA with Auby (his now ex-wife). I've also heard rumors about him thinking of himself as a great poker player with similar results.

He could bring his case to different courts, but it would just end even faster than this did. Law and precedent are against him. He doesn't really have a case. And now he has the legal baggage of this loss on it as well. I don't see any grounds at all for an appeal and I think it might be tough to find an attorney that would bring one.

 

[jspit2.0]

My impression is that he lit a whole lot more of their money on fire during his time LARPing being a movie producer in LA with Auby (his now ex-wife). I've also heard rumors about him thinking of himself as a great poker player with similar results.

He could bring his case to different courts, but it would just end even faster than this did. Law and precedent are against him. He doesn't really have a case. And now he has the legal baggage of this loss on it as well. I don't see any grounds at all for an appeal and I think it might be tough to find an attorney that would bring one.

He doesn't need to appeal, they didn't dismiss on merits. They just said, 'wrong court.' Even then, as a certain set of mountain jews have shown, you can file a frivolous lawsuit...allot.

 

[I'm not a Robot]

He doesn't need to appeal, they didn't dismiss on merits. They just said, 'wrong court.'

That's still a big deal, one Preston may want to appeal because his alternative is to start the process all over again elsewhere. The court rejecting Dean's motion to dismiss may entice him to try.

 

[Strix454]

He doesn't need to appeal, they didn't dismiss on merits. They just said, 'wrong court.' Even then, as a certain set of mountain jews have shown, you can file a frivolous lawsuit...allot.

The Mountain Jews can get away with what they are doing because they are representing themselves and because they literally have nothing to lose. Preston could
down that road to full-blown insanity and abandon any legal representation, but I dont think he is quite there yet. It would also be dangerous for him to go the
mountain jew route because (a) he has things to lose and (b) the courts will have far less patience with him representing himself than they would have with the mountain jews.

They said "wrong court". But in some sense, there is no right court for this case and Texas was IMO the jurisdiction most friendly to this sort of long-arm litigation. I think his
chances in Florida or New Jersey State Court of getting beyond the Jurisdictional question are even worse. The costs would also go way up because he will have to hire a whole new
parallel legal team in another jurisdiction. I wonder if he has that kind of money. His current legal representation suggests not.

That's still a big deal, one Preston may want to appeal because his alternative is to start the process all over again elsewhere. The court rejecting Dean's motion to dismiss may entice him to try.

In my opinion, his chances in an appeal are really bad. Almost everything will be against him in terms of precedent in the 5th circuit. Dean has unique problems that led to the court rejecting his motion
that I can't see really applying to EVS.

 

[Captain Manning]

That's still a big deal, one Preston may want to appeal because his alternative is to start the process all over again elsewhere.

The dismissal was WITHOUT prejudice, which means he could "clean sheet" the whole thing in this same district, rather than appeal this docket #. That assumes Preston could ever make a case Texas is the right jurisdiction.

Remember that appeals courts generally don't like reviewing everything de novo. They primarily exist to review trial courts for legal error based on the arguments already on the record. Which is to say they might not take kindly to Preston bringing up new jurisdictional arguments he didn't bring up in the District Court. If he blew it, he blew it.

The court rejecting Dean's motion to dismiss may entice him to try.

Magistrate Judge Horan did seem remarkably permissive. Almost as if he's the "anti-Chupp."

Kiwifarms (including myself, TBH): This is a lolsuit. This is a lolsuit. It won't survive the Rule 12(b) motion.

Judge Horan: Yeah, this looks fine. Rule 12(b) motion denied. Let's start setting pre-trial dates.

KIwifarms:

Which... again... is why @FROG was absolutely right to hire competent legal help that went for the jurisdictional issue off the top. If he didn't do that, he might actually be in the same boat as Dean right now.

 

[Shaka Brah]

Magistrate Judge Horan did seem remarkably permissive. Almost as if he's the "anti-Chupp."

Kiwifarms (including myself, TBH): This is a lolsuit. This is a lolsuit. It won't survive the Rule 12(b) motion.

Judge Horan: Yeah, this looks fine. Rule 12(b) motion denied. Let's start setting pre-trial dates.

KIwifarms:

Which... again... is why @FROG was absolutely right to hire competent legal help that went for the jurisdictional issue off the top. If he didn't do that, he might actually be in the same boat as Dean right now.

A few of us were pretty sure things would go poorly for everyone but the lawyered-up defendants from the get-go. Stuff like Dean's pro-se defense and Vikki adamantly refusing to acknowledge the case while being smug online made complicated issues out of what were relatively minor procedural issues a lawyer could have dealt with easily. And in my experience judges will nearly always just take procedural things at face value if they appear correct to the clerks, at least until shown otherwise by the defendant's counsel.

 

[jspit2.0]

The Mountain Jews can get away with what they are doing because they are representing themselves and because they literally have nothing to lose. Preston could
down that road to full-blown insanity and abandon any legal representation, but I dont think he is quite there yet. It would also be dangerous for him to go the
mountain jew route because (a) he has things to lose and (b) the courts will have far less patience with him representing himself than they would have with the mountain jews.

They said "wrong court". But in some sense, there is no right court for this case

There is. It's called New Jersey.

and Texas was IMO the jurisdiction most friendly to this sort of long-arm litigation.

That's, you don't need to...its called a long-arm because your reaching out to grab someone.

I think his
chances in Florida or New Jersey State Court of getting beyond the Jurisdictional question are even worse.

Florida, yes. He lives in New Jersey.

The costs would also go way up because he will have to hire a whole new
parallel legal team in another jurisdiction.

maybe? I mean, his current crop of legal wizards filed a suit against three defendants in a state were none of them live because Poulter, the asshole suing them, lives there. From my understanding, its where the people being sued live that's usually jurisdiction.

I wonder if he has that kind of money. His current legal representation suggests not.

He's got fuck off money to pay for the current lolsuit. My thought is he had to work to find someone willing to take a case this bad.

In my opinion, his chances in an appeal are really bad.

Yeah, but why appeal? This is about harassing Frog.

He could literally file anywhere tomorrow and the courts ruling here has zero effect.

The dismissal was WITHOUT prejudice, which means he could "clean sheet" the whole thing in this same district, rather than appeal this docket #. That assumes Preston could ever make a case Texas is the right jurisdiction.

Remember that appeals courts generally don't like reviewing everything de novo. They primarily exist to review trial courts for legal error based on the arguments already on the record. Which is to say they might not take kindly to Preston bringing up new jurisdictional arguments he didn't bring up in the District Court. If he blew it, he blew it.


Magistrate Judge Horan did seem remarkably permissive. Almost as if he's the "anti-Chupp."

Kiwifarms (including myself, TBH): This is a lolsuit. This is a lolsuit. It won't survive the Rule 12(b) motion.

Judge Horan: Yeah, this looks fine. Rule 12(b) motion denied. Let's start setting pre-trial dates.

KIwifarms:

Which... again... is why @FROG was absolutely right to hire competent legal help that went for the jurisdictional issue off the top. If he didn't do that, he might actually be in the same boat as Dean right now.

Manning is right. I'm a little stunned the Dean case is even going forward. It's meritless. Forget damage, Poulter can't name a single thing that Dean said that he doesn't believe is true.

Frog being smart enough to hire a lawyer might have something to do with his father who is an actual attorney.

A few of us were pretty sure things would go poorly for everyone but the lawyered-up defendants from the get-go. Stuff like Dean's pro-se defense and Vikki adamantly refusing to acknowledge the case while being smug online made complicated issues out of what were relatively minor procedural issues a lawyer could have dealt with easily. And in my experience judges will nearly always just take procedural things at face value if they appear correct to the clerks, at least until shown otherwise by the defendant's counsel.

I thought Vikki would get fucked from not addressing the court at all. I honestly never thought a real judge would let something like this go forward past the initial stage.