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

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"I'm a fulltime volunteer, Spectree." :story:

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I would love it if Ethan offered her a job doing fulfillment for his comics.
 
Me thinks @VIkkiVerse filed this too late.
I don't know if there's a time limit on a Rule 60 motion. There really shouldn't be if it meets certain qualifications (i.e. the Defendant wasn't actually served).

Remember that her gambit here was to turtle and hope that Preston couldn't find her to serve her. Then, when the process server thought he found her, she was hoping (as many of us were) that the clerk would have noticed he turned in the return of service too late. So there's two mistakes Preston made.

And yes, I know that SOUNDS retarded to some people, given that she pretty clearly knew what was going on the moment Preston filed this lawsuit, but the rules allow you to plead ignorance about being sued if you weren't formally served. Oftentimes, in law, stringent adherence to rules > common sense.

"I'm a fulltime volunteer, Spectree." :story:

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I would love it if Ethan offered her a job doing fulfillment for his comics.
Wait. I'm confused. Does she actually live at this charitable organization in exchange for work? Like a homeless shelter?
 
Me thinks @VIkkiVerse filed this too late.
Not at all. She claims she has never been properly served, thus never properly brought into the lawsuit. There is no formal time frame to file for this. But doing so before the court awards any monetary damages related to the default is probably for the best. Pure speculation on my part, but I'm guessing that while she is filing Pro Se, she likely did consult with some available charity legal aid services for assistance in drafting these filings. They have that look about them. And that would be a much better option than going the Dean route of "Some guy on the Internet".

Andf to give her credit. This does look like a compelling filing. One that is enough to have the Judge asking a few probing questions of the Plaintiff.
 
Wait. I'm confused. Does she actually live at this charitable organization in exchange for work? Like a homeless shelter?
Giles Tomkin, the secretary of the Sanctuary Project, testified that Vikki has been a resident at their thrift store property since Jan 2019. She testified that he was her landlord. Google street view of the address shows what I guess are living spaces on the second floor. When Vikki last backed Preston's campaign in Aug 2020, she had him send the comics to Cuts 4 Muttz instead of this location.

She's been living there for 3 years so one would assume she helps out downstairs.

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She's been living there for 3 years so one would assume she helps out downstairs.
This probably belongs in the Vikki and Dean thread (and I'm sure it'll be put there), but there's this interesting nugget on Google Reviews.

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Archive: https://archive.ph/wip/QFzvX

Not gonna lie. That does sound like Vikki. She's extremely bossy.

It's like home where the heart is but instead of a sympathetic teen mother it's a old cunt who likes involving herself into internet drama instead of getting her life together.
I'm starting to find that a lot of the "hardcore anti-CG crowd" leads really sad and miserable lives. Trying to get into fights with @FROG and CG personalities all the time should probably be the least of her priorities right now. As she lives rent-free above a thrift store, he lives rent-free in her head. Maybe she should rethink this whole anti-CG crusade?

Andf to give her credit. This does look like a compelling filing. One that is enough to have the Judge asking a few probing questions of the Plaintiff.
I agree, but several people, including myself (TBH), thought the filing Spectre worked on wasn't complete garbo. So I'm done making predictions. I wanna wait till a judge puts his signature on something.
 
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I agree, but several people, including myself (TBH), thought the filing Spectre worked on wasn't complete garbo. So I'm done making predictions. I wanna wait till a judge puts his signature on something.
That's true. He didn't make a bad argument, he made the wrong argument. There's definitely a distinction to be drawn there. He's good enough to be a paralegal and write official-sounding documents but doesn't have the insight to be someone's legal counsel and represent them competently.
 
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That's true. He didn't make a bad argument, he made the wrong argument.
Actually, the argument he made was on point (failure to state a claim, etc.) as a backup to Dean not raising jurisdiction in the initial reply (assuming Spectre had nothing to do with that initial reply). It is one of the arguments you can raise to get a case dismissed early on. Unfortunately, the judge didn't buy it.

So... badly written and unconvincing? Well written, but the magistrate is a very permissive in allowing cases to proceed? I guess take your pick. Maybe an actual lawyer could have made it work. Maybe not. We may never really know because @FROG's lawyers raised many of the same arguments, but it didn't get examined because he won on jurisdiction alone. There's nothing really to compare it against in this case because the outcomes were so different.
 
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Actually, the argument he made was on point (failure to state a claim, etc.) as a backup to Dean not raising jurisdiction in the initial reply (assuming Spectre had nothing to do with that initial reply). It is one of the arguments you can raise to get a case dismissed early on. Unfortunately, the judge didn't buy it.

So... badly written and unconvincing? Well written, but the magistrate is a very permissive in allowing cases to proceed? I guess take your pick. Maybe an actual lawyer could have made it work. Maybe not. We may never really know because @FROG's lawyers raised many of the same arguments, but it didn't get examined because he won on jurisdiction alone. There's nothing really to compare it against in this case because the outcomes were so different.
I'm assuming here that he was responsible for missing the jurisdiction argument to begin with. It really seemed like they were collaborating on all the legal decisions until Dean and/or Spectre realized it was a gigantic mistake to admit to that and tried to DFE.
 
Me thinks @VIkkiVerse filed this too late.
I'm not sure you're obligated to respond to service that was void at the outset. Even if service actually was valid, and it's hard to imagine how it could be when it wasn't even made in the right state, there's a doctrine of excusable neglect that lets it slide much of the time, especially if the non-moving party isn't prejudiced by it and there are obviously potentially valid defenses.

I would have liked to see both motions put together though, with a motion to vacate the default and then dismiss the case. Maybe they have a reason to do it in separate motions.
Oftentimes, in law, stringent adherence to rules > common sense.
Service (or waiver of service) is jurisdictional. Once a court realizes it lacks jurisdiction, the only remaining jurisdiction it has is to dismiss the case. The court also has an obligation itself to take note of an obvious lack of jurisdiction, and a date of service well past the deadline should have been addressed by the court itself.

It's plaintiff's obligation at the outset to assert facts supporting jurisdiction and PP literally filed something that proved he hadn't served it properly, on its face.
 
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I'm assuming here that he was responsible for missing the jurisdiction argument to begin with.
There's dueling narratives on that. All we know for certain is that he worked in some capacity on the second one. That's the one he himself copped to before trying to backpedal.

It really seemed like they were collaborating on all the legal decisions until Dean and/or Spectre realized it was a gigantic mistake to admit to that and tried to DFE.
Pretty much. He had no business writing legal shit for somebody else. And you certainly don't want to be connected to writing anything in a situation where Preston's lawyers prevail. Which is exactly what happened in Dean's case.

My attorney alerted me to this new filing from Vikki, and in his opinion it’s
good. Should do the trick.
God willing.

I certainly think Dean and Vikki have "issues," but there's no way I can bring myself to agree that either of them losing a lawsuit to PP is a proportional punishment for those issues.
 
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When people are left facing homelessness and starvation they tend to smarten up real fast.
I dunno. Her obsession with CG is weird, and grows weirder. Given there's probably better things she can and should be doing with her life.

Which brings me to...

The only good thing that came of this lolsuit is that we learned a lot about Dean and Vikki, and their horrible lives. I almost appreciate it.
I gotta ask:

Given the fact that Vikki is dirt poor... in your opinion, how much of her anger towards CG is driven by the fact it's financially successful?

It's already been speculated on the past month or so, as more information about her is known, but I'd like to hear your opinion.
 
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I dunno. Her obsession with CG is weird, and grows weirder. Given there's probably better things she can and should be doing with her life.

Which brings me to...


I gotta ask:

Given the fact that Vikki is dirt poor... in your opinion, how much of her anger towards CG is driven by the fact it's financially successful?

It's already been speculated on the past month or so, as more information about her is known, but I'd like to hear your opinion.
We're about to open the pool for the Spring/Summer, and so my wife and I were out in the back yard yesterday. We had the speakers playing 80s music, and we were getting things ready for the lawncare Spring clean up, just having drinks and since it got up to 70 degrees, we turned on a sprinkler for Ava to play in. It was just a perfect day.

While this was going on, my lawyer called me up to let me know about our filings in the CG trademark case, and he brought up some info about Vikki.

It made me think about her circumstances, and how her life consists of working at a thrift shop for room and board above that same thrift shop. She's in her fifties, single, childless, broke, and basically her life is fucked. It must be misery for her, every single day.

Her only laughs come from hoping ComicsGate fails. I don't want to think too hard about that, dude. It's too depressing.
 
We're about to open the pool for the Spring/Summer, and so my wife and I were out in the back yard yesterday. We had the speakers playing 80s music, and we were getting things ready for the lawncare Spring clean up, just having drinks and since it got up to 70 degrees, we turned on a sprinkler for Ava to play in. It was just a perfect day.

While this was going on, my lawyer called me up to let me know about our filings in the CG trademark case, and he brought up some info about Vikki.

It made me think about her circumstances, and how her life consists of working at a thrift shop for room and board above that same thrift shop. She's in her fifties, single, childless, broke, and basically her life is fucked. It must be misery for her, every single day.

Her only laughs come from hoping ComicsGate fails. I don't want to think too hard about that, dude. It's too depressing.
You can still feel pity and compassion for someone that is a despicable person.
I know nothing about viccy other than she is dead broke, have no prospects, is lonely. But she at least appears to do volunteer work for a charity which is more than most of the terminally online lolcows we cover. She actually does something and tries to "work" even if it is just for a room in a shelter. Compare this to most other cows in similar dirt poor situations, they never even try to work. They are angry on twitter 24/7 and then ebeg for food.
So at least, the few hours viccy works as a volunteer makes me respect her more.

These cows, something I noticed and can now not unnotice anymore is the living situation for virtually all of these angry woke broke and terminally online folks. Take a look at the background when you see them in a video feed. The background of their appartments are allways just an empty white wall. No picture frames, no decorations, not even any furniture. Look for it next time and you will see it too. It is like they are all living in an empty room/appartment and the only furniture they have is the chair and desk they use to stream from to be angry on the internet.
You @FROG in your streams we can see you have all sorts of cool shit behind you in the room. there is cool shit everywhere, like for most normal people, but these folks, behind them is just an empty room with no furniture and a white wall with no pictures or decorations or plants or anything.

A lot of them are really really unlikeable broken people but I sometimes look at them and just feel so sad and sorry for their pathetic situation.
I will never feel pity or sad about Jon Yaniv though. There is a limit on how far compassion can go.
 
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It made me think about her circumstances, and how her life consists of working at a thrift shop for room and board above that same thrift shop. She's in her fifties, single, childless, broke, and basically her life is fucked. It must be misery for her, every single day.
Here's what I don't understand. What is keeping her in Wallace?

She claims there are no jobs in her area, that she gets no hours as a dog groomer, and has reportedly been living at a charity thrift shop for over 3 years. Her sister lives 30 minutes away. Her mother and father live about 2 hours away. Why does she continue to waste away in that small town when she could presumably get back on her feet with her family in a nearby city?

Are her prospects so poor because she's the Victoria Kundert who spent time in prison for killing her boyfriend? It's been suggested that is some other Vikki, but it would make the pieces fit into place. Imagine her filling out a job application and getting to the part where she has to answer, have you ever been convicted of a crime? Felony murder would also explain why she has never registered to vote in North Carolina despite having lived there for the past 10 years. The alternative is that she is seemingly choosing to live her life like a stray dog. I'm not sure which is worse.
 
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