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

[jspit2.0]

First of all, I don't think anything is going to happen on the UPL end. For precisely the reason you cite. Dean doesn't care. Discussing what could happen to Spectre is more of a mental exercise than a likelihood.

Secondly, I suppose it's possible Spectre lied again and grossly inflated in his involvement in all this. If that's true, it would spare him some or all of the UPL problems, but it still means he's a lying faggot. Again. Shit like this is exactly why he got halal'd and run out of here. Clout uber alles. Imagine being grilled on this by @FROG , and the best defense you can muster "I admit I was flexing a bit." Claiming to engage in UPL is a pretty big fucking flex. I also got the impression EVS and his panel didn't believe a word that was coming out of his mouth. I'm not sure I do, either. It comes down to whether Spectre was lying then, or lying now. Take your pick.

The two or three minutes from this that I've timestamped should really be clipped at some point. @FROG basically forces him to concede this isn't just autistic Kiwis lacking reading comprehension.

Thirdly, a point that was brought up early on, but got lost in the weeds since then, is that Preston could still depose Spectre, Smug Pug, or both and Dean wouldn't be able to claim attorney-client privilege. I think that actually has a greater risk of happening than Spectre getting nixed for UPL.

I can tell you that when I talked to Dean and Vikki I didn't WANT to know how the lawsuit was going from them, because I believed the best thing they could do was STFU and hire lawyers. All I did was give them moral support, and I tossed $20 into Dean's GFM. Anything more than that would have been asking for trouble.


This whole thing is going to end up being the poster child for how NOT to run a defense. It's just a sorry shame the Plaintiffs are Preston and Lamont.


I dunno, but oddly enough, Pug nuked his Discord after the Spectre vs. Vikki screaming match. There's some speculation it's because gay ops were emanating from there, and Pug finally realized he was in way over his head.

I was sent something a few of days ago that suggests that Pug's crew helped in trying to take down the Spectre thread on Dean's or Vikki's orders. I don't know if it's accurate (it has some issues, particularly with respect to identification of who is who on KF), but if it is, it would just show it's been one L after another for them since late October.


I don't think any of them were particularly thrilled with how Rekieta was covering things after the Magistrate Judge recommended Dean not be dismissed. Or how anything went after January. This did not go anywhere near the way the thought it was gonna go. This is a dumpster fire.

Well, consider it a case study on how not to act on the internet.

 

[Captain Manning]

Sorry @Yusuke, @VIkkiVerse and @Spectre_06. You'll have to log in to read it since it's in the Prospering Grounds.

It's gone live now. The janny in PG apparently really liked it.

Good job @Sriracha!

And now @5t3n0g0ph3r can achieve the next state of Zen. Knowing there is a thread tailor made for people who want to discuss those two outside the lawsuit that he can direct people to. Probably will lead to less strife in the main CG thread too, since I've always gotten the impression a lot of people there are loathe to dwell on any criticism of @FROG's critics.

 

[Simply Outplayed-HD]

Dean STILL doesn't have a lawyer!

Spoiler: STATUS REPORT Rule 26(f) Report filed by Preston Poulter. (Ahmed, Mohammed) (Entered: 04/01/2022)

Does this mean that we will see a donation to the Institute for Free Speech as outlined in the GoFundMe for his legal defense that SaggyMelonz wrote?

Help For The Little Guys, organized by Saggy Melonz

We live in a time where money is used to abuse the legal system. Thus making it easy for those … Saggy Melonz needs your support for Help For The Little Guys

web.archive.org

Spoiler: Where the GoFundMe money was spent

 

[I'm not a Robot]

Update: 4/01
Dean still does not have a lawyer. The Rule 26(f) conference and report was just filed and Dean's pro se portion reads like it was written by a high school dropout.

Dean's aiming to use the 2nd amendment in his legal defense.
He's also attempting to re-litigate the jurisdictional argument. He already waived jurisdiction and never objected to the magistrate's recommendations, who warned him that failure to do so would bar him from appealing. I don't think he understands that part of the lawsuit is over. He says he "presides" in California, and is confused why they're in a Texas court when they let Ethan go. He is throwing himself at the mercy of the court to please reconsider his motion to dismiss.

(A week before Dean filed his answer, Ethan offered him the opportunity to sign onto his motion to dismiss)


Preston wants 9 months for discovery. Dean wants 18 months because he doesn't know what he is doing.

Defendant would like to know what phased discovery is, so he can decide if he agrees or not on the necessity for it.

Defendant is unsure

Dean simping for Vikki despite their breakup. He claims the service on her isn't proper. We know that to be true, but she has to tell the court that.

Don't judge! We've all left some answers blank on a test before.

Can we mediate? Only if Preston pegs himself.

 

[Elwood P. Dowd]

Can we mediate? Only if Preston pegs himself.

Noooo!!!! We want this as public as possible, with all parties making complete fools of themselves on the public record.

Peggy would probably pick up the full tab for mediation, come to think of it. If I had engaged in some of the escapades he had I'd certainly want everything on the QT.

 

[I'm not a Robot]

Defendant is only interested in mediation if the outcome is plaintiffs dropping the lawsuit, and admitting to this being an attempt solely to bankrupt defendant Ali.

If this is the route you want to take, Dean, you may as well gun it. Take a cue from Melinda Scott and file as much bullshit as possible that Preston's lawyer has to respond to. That's the only way you bring him to the bargaining table. Make him spend tens of thousands addressing your inane arguments.

Want the court to reconsider? Motion for reconsideration.
Think Vikki wasn't served? Motion to alter judgment.
Judge ruled against you? Motion to recuse.
Don't like what the lawyer had to say? Motion to strike.
Preston wants to depose someone? Motion to quash.

Whining in a conference report won't get you anywhere, but if you're enough of a nuisance, Preston may decide to give up. He has to pay lawyers for this lawsuit, the comicsgates trademark lawsuit, the lawsuit against him by his original lawyers, and the as-yet-unfiled lawsuit against Ethan in New Jersey. He may already be at his limit, and a broke crackhead running up the bill could make him reconsider. How much money is he willing to light on fire to get back at you?

Think about how much Preston had to spend on Vikki. Very little legal work was required to obtain that $700,000 judgment because she made it easy for him by attempting no defense. If Preston had to spend $100,000, or $200,000, to get the same out of you, maybe he'd think twice. I don't see the downside when you've almost accepted that you're going to lose and declare bankruptcy.

 

[Harvey Danger]

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"Defendant would like to know what phased discovery is" might be the funniest line I've ever seen in a legal document. (Definitely the funniest if we exclude the other lolsuits in this forum.)

 

[Captain Manning]

Dean still does not have a lawyer

Here we go again...

Dean's aiming to use the 2nd amendment in his legal defense.

Oh God, it's worse than I thought!

Does this mean that we will see a donation to the Institute for Free Speech as outlined in the GoFundMe for his legal defense that SaggyMelonz wrote?

He is apparently confused as to the difference between the first and second amendments so, if he makes that donation, he might make it to the NRA thinking that's the free speech organization. Then I suppose Gavin Newsome will kick down his door and tell him to GTFO of California.

But seriously, I hope that's an error in the record, and he didn't actually say that.

Dean simping for Vikki despite their breakup. He claims the service on her isn't proper. We know that to be true, but she has to tell the court that.

Spectre also ran interference for Vikki in the shit he wrote (or co-wrote, or whatever) for Dean.

Remember, her plan here is that everybody fights this legal battle for her except her. She can't be arsed. This Poulter shit is taking valuable time away from her chimping out at Comicsgate on Twitter to anyone who will listen. How dare @FROG get himself dismissed from this lawsuit and go about his life! She did not dismiss him!

When you're Vikki, you expect men retards to just sorta do things for you, and they inevitably do it for free. It's a wonder to behold.

 

[ConSluttant]

I understand the panic non-lawyers go through when they all of a sudden get a lawsuit thrown at them. It sucks. You are in a state of high panic. Your head whirls. You can't think properly.

But there are two things any idiot with an internet connection can do. 1) Research how to respond to a lawsuit in the district you are being sued from. 2) Come to KiwiFarms and see examples of documents filed by actual lawyers hired by our Ooperator in similar lawsuits for ideas on how to get the stupid thing you are being sued for dismissed.

Dean did neither of these things. Instead he got a stupid non-lawyer idiot who ignored the NUMBER ONE way to make a lawsuit go away - JURISDICTION. The sheer idiocy of this cannot be understated. That one little thing will make lots and lots of lolsuits just go away without much of a whimper. Look at how easy it was for @FROG to get it done with one motion. He's not in the jurisdiction? Okey dokey he's outta here.

And the sheer donkey-headed stupidity of deciding to not ride on @FROG's coattails because reasons was the second most idiotic thing ever. When someone offers you a coattail ride on a real lawyer's brief when you aren't a lawyer and don't have one, I don't care how much you hate them. YOU TAKE THE GODDAMN OFFER YOU STUPID FUCK! Especially when the real lawyer is going to be addressing the number one area that will get you out of the lawsuit - Jurisdiction. Because the lawyer will know what to quote. And if you decide to not coattail ride, then you AT LEAST plagarize the LIVING SHIT out of the real lawyer's motion so you at least look like you have half a brain.

For being such stupid fucks, I hope both Dean and Vikki get pegged by Preston. They deserve it for being such stupid idiots.

 

[Simply Outplayed-HD]

You'll have to pry this crack pipe from my cold, dead hands. We support the second amendment in the household where I preside.

 

[DragoonSierra]

If this is the route you want to take, Dean, you may as well gun it. Take a cue from Melinda Scott and file as much bullshit as possible that Preston's lawyer has to respond to. That's the only way you bring him to the bargaining table. Make him spend tens of thousands addressing your inane arguments.

Want the court to reconsider? Motion for reconsideration.
Think Vikki wasn't served? Motion to alter judgment.
Judge ruled against you? Motion to recuse.
Don't like what the lawyer had to say? Motion to strike.
Preston wants to depose someone? Motion to quash.

Whining in a conference report won't get you anywhere, but if you're enough of a nuisance, Preston may decide to give up. He has to pay lawyers for this lawsuit, the comicsgates trademark lawsuit, the lawsuit against him by his original lawyers, and the as-yet-unfiled lawsuit against Ethan in New Jersey. He may already be at his limit, and a broke crackhead running up the bill could make him reconsider. How much money is he willing to light on fire to get back at you?

Think about how much Preston had to spend on Vikki. Very little legal work was required to obtain that $700,000 judgment because she made it easy for him by attempting no defense. If Preston had to spend $100,000, or $200,000, to get the same out of you, maybe he'd think twice. I don't see the downside when you've almost accepted that you're going to lose and declare bankruptcy.

Ironically, the best person Dean could get to help file nuisance filings is none other than @Spectre_06

 

[I'm not a Robot]

Scheduling Order: what each party asked for vs what they got.

Joinder of Parties
Preston: June 1, 2022
Dean: (blank)
Court: September 2, 2022

Amendment of Pleadings
Preston: November 1, 2022
Dean: (blank)
Court: January 6, 2023

Expert Witnesses
Preston: October 1, 2022 / November 1, 2022
Dean: July 1st, 2023 / August 1st, 2023
Court: February 7, 2023 / March 9th, 2023

Discovery
Preston: 9 months
Dean: 18 months
Court: April 7, 2023 (1 year)

Dispositive Motions
Preston: February 6, 2023
Dean: November 6, 2023
Court: May 8, 2023

Spoiler

 

[Captain Manning]

Scheduling Order: what each party asked for vs what they got.

Joinder of Parties
Preston: June 1, 2022
Dean: (blank)
Court: September 2, 2022

Amendment of Pleadings
Preston: November 1, 2020
Dean: (blank)
Court: January 6, 2023

Expert Witnesses
Preston: October 1, 2022 / November 1, 2022
Dean: July 1st, 2023 / August 1st, 2023
Court: February 7, 2023 / March 9th, 2023

Discovery
Preston: 9 months
Dean: 18 months
Court: April 7, 2023 (1 year)

Dispositive Motions
Preston: February 6, 2023
Dean: November 6, 2023
Court: May 8, 2023

Spoiler

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Looks to me like the judge is basically splitting the difference on the deadlines. One side asks for 9 months. The other 18. The judge goes with 12.

Minor correction: You have November 1, 2020 under "amendment of pleadings."

It's a shame that this can't save him from the mistake of not raising jurisdiction from the get go. But if the case law in the 5th Circuit requires such a stringent adherence to Fed R. Civ. P. 12(b)(2), as appears to be the case regardless of whether the initial filing is coming from a non-attorney, the District Court's hands are pretty clearly tied.

Worth mentioning again, because crying about how he wants the same result @FROG got in any subsequent filings isn't going to work. No, the court can't reconsider this. No, Spectre was dead wrong when he said Dean would be shown leniency for not raising jurisdiction initially because he is (in Spectre's words) a "pro se idiot." One of these days it occur to Dean that Spectre is and was a dumbass who barely knows more than Dean does. It'll be quite an epiphany for Dean when that clicks, I'm sure.

From earlier decision, which I don't think Dean fully understood:

 

[I'm not a Robot]

The $15,000 bill sent to Preston has his Mommy's name on it.
(Warranty deed showing that Preston's mom is Gail Airoldi)

Interestingly, there are charges on here from before the D & V stream in March 2021 he's suing over. He must've been using them for something else.

I believe I may have found the answer to why there was a balance from 2020 on Preston's invoice that was addressed to his mom. The Fein Law Firm has been representing her since she was sued in 2018. The case is still ongoing. Add another lawsuit to the pile she's paying for. I wonder why she didn't bail out her son, who they are currently suing. Maybe money is tight for them?

 

[5t3n0g0ph3r]

I believe I may have found the answer to why there was a balance from 2020 on Preston's invoice that was addressed to his mom. The Fein Law Firm has been representing her since she was sued in 2018. The case is still ongoing. Add another lawsuit to the pile she's paying for. I wonder why she didn't bail out her son, who they are currently suing. Maybe money is tight for them?

View attachment 3168315

So @PocketJacks picked the Fein Law Firm because they represented his mom?
I shudder to think of the filings in that case, given the travesty they presented in this one.
I wonder if Preston's mother will switch law firms, too, after this shitfest.
In the meantime, I'll make some popcorn for Fein Law Firm v. Poulter et al.

 

[I'm not a Robot]

Motion to Vacate Default by Vikki​

Her augments are:
- She was not served in the time allotted.
- She doesn't live at the address that was served in California.
- Preston knows she doesn't live in California.
- She resides in Wallace, North Carolina.

She cites her conversation with Preston on YouTube where she tells him that was she on the East coast and was glad that she got out of California, her North Carolina 910 area code which he would have seen in their text message conversations, and her Wallace, North Carolina shipping information when she backed his Indiegogo campaigns.

Vikki included an affidavit from her landlord, who testifies that she is a resident at The Sanctuary Project since 2019, which is a charity thrift store and food bank.

 

[Captain Manning]

Motion to Vacate Default by Vikki

Good for her! Finally!

But... uhhh....

Yeah, that's NOT ideal...

Though, to be fair, in reading though this, she seems to have struck upon the appropriate arguments and authorities. I particularly like how she points out (with evidence) that Preston knew she was in NC all along and even had her phone number and address.

Hopefully this works. The bitch of it is, he might be able to just go after her again even if the default is vacated now that she's decloaked with her real location. I dunno if a finding of fraud under Rule 60(b)(3) would allow the Judge to go into rage mode and prohibit him from suing her again, or it just means the judgement is vacated but the suit is dismissed without prejudice. @AnOminous might know.

 

[5t3n0g0ph3r]

Me thinks @VIkkiVerse filed this too late.

 

[I'm not a Robot]

There's nothing here that couldn't have been said months ago. She should've had it prepped when she was "served", and ready to go when the default was entered in November. Expect Preston to fight hard to preserve her default, because he has to know that she can get away by just doing what Ethan did. We'll probably see screenshots of her comments in this thread in his response.

There may still be time for @VIkkiVerse to change her avatar to Preston getting pegged.

 

[Simply Outplayed-HD]

Me thinks @VIkkiVerse filed this too late.

It would be hilarious if she revealed herself to be living at a homeless shelter for seniors for nothing.