Steve Quest (p/k/a Montagraph) vs. Nicholas Robert Rekieta & Rekieta Law, LLC (2023)

[Hraf]

Nothing shows up as filed yet. It can take a few hours for filings to show up in MCRO, though.

More importantly, nothing served through MNCIS and still no counsel attached to Rackets. Those show up immediately and I didn't see anything a few minutes ago. He didn't even attach himself as pro se.

None of this is fatal and the lolsuit is still a lolsuit, but it shows Rackets just fucking shit up. The complaint is short and could have been answered with a general denial to buy a little time to hire somebody to represent him. Now he has to pay extra to have Randazza or an associate rush to get admitted pro hac vice and fight off the dumb default motion. Yes, he will win that motion, but he's going to have to pay someone a couple grand because he was too busy flirting with wine moms to even send a general denial answer.

Can he afford a couple grand? Probably. But a couple grand here and a couple grand there and pretty soon you have no grands left.

Are you saying he's late and gay once again?

 

[talk talk talk]

How on earth could Nick file a timely response if the case want even docketed until literally 48 hours ago? I cannot believe Minnesota, however weird it is, actually allows for those sorts of shenanigans

The answers has to be served within 21 days, not necessarily filed.

It's a weird leftover from Code practice.

 

[BelUwUga]

Sheesh it took Keffals months to inspire me like I've been struck just now. Is Rackets going for the lolcow speed run title?

Spoiler: Oof Face and Tattoo Asset, Transparent Copy

 

[Harvey Danger]

How on earth could Nick file a timely response if the case want even docketed until literally 48 hours ago? I cannot believe Minnesota, however weird it is, actually allows for those sorts of shenanigans

The answers has to be served within 21 days, not necessarily filed.

It's a weird leftover from Code practice.

The suit exists once the defendant is served, not once it is filed in court. In other states you have to file first, so that the suit exists, then serve notice to the defendant. This excerpt I posted earlier shows how weird this bit of MN law can be:

it is possible to commence an action, conduct lengthy discovery, and reach a settlement without ever filing. The parties thus circumvent court filing fees altogether and consume precisely zero judicial resources.

There's probably some rule at the end where you notify the court of the suit's conclusion if you manage to pull this off, but Monty already filed in the court so it probably won't come up.

 

[repentance]

He might be playing it safe due to being out of practice but trying to get Randazza for this is fucking stupid.

It's a pretty good flex. Randazza has both a reputation and a following so the case, and Nick by extension, would get exposure it wouldn't otherwise get if it proceeded with competent but unknown counsel.

 

[mindlessobserver]

The suit exists once the defendant is served, not once it is filed in court. In other states you have to file first, so that the suit exists, then serve notice to the defendant. This excerpt I posted earlier shows how weird this bit of MN law can be:



There's probably some rule at the end where you notify the court of the suit's conclusion if you manage to pull this off, but Monty already filed in the court so it probably won't come up.

Yikes. That's a Supreme Court case waiting to happen one day. I know they like to give States leeway, but the idea that an entire case could be litigated to settlement BEFORE its even registered at the court house rubs me the wrong way. Especially if sanctions can be applied for failing to engage with an undocketed case.

The entire point of default judgement is to hold a stick over idiot defendants to actually engage with the court. But if the court itself is not yet involved, how can there be a sanction?

 

[talk talk talk]

It's pretty clear from my posts already that I practice in Minnesota, so it's not much of a power level reveal to just say it.

The pocket service system works pretty well with sophisticated parties. So if you are dealing with a personal injury case involving an insurance company, everybody knows what is going on. It allows plaintiffs to avoid the costs of filing and motion fees when everybody knows the case is going to settle, but you have to beat the statute of limitations.

Where it breaks down is small collection cases against individual debtors. Nasty debt collectors (looking at you, Gurstel) take advantage of people being confused because they got some paper from a lawyer that doesn't have a court file number on it. The basic summons form got amended a couple years ago to try to address this, but it's still confusing to unsophisticated defendants.

 

[mindlessobserver]

Where it breaks down is small collection cases against individual debtors. Nasty debt collectors (looking at you, Gurstel) take advantage of people being confused because they got some paper from a lawyer that doesn't have a court file number on it. The basic summons form got amended a couple years ago to try to address this, but it's still confusing to unsophisticated defendants.

Which is a really big problem. I know in my State, process requires very clear language. You are being Sued. This is the Court you are being Sued in. You must respond within the time limit. Your case number is XXXXXXX. My name is X X and I am the clerk of the court and this is my seal.

In general I am intensely suspicious of "this makes the legal process easier for everyone". That almost always means it makes it easier for "Sophisticated" parties to dunk on "Unsophisticated" parties.

 

[talk talk talk]

Which is a really big problem. I know in my State, process requires very clear language. You are being Sued. This is the Court you are being Sued in. You must respond within the time limit. Your case number is XXXXXXX. My name is X X and I am the clerk of the court and this is my seal.

But this is Minnesota, the most neoliberal educated state where all the children are above average. Rather than fix the underlying problem, the Supreme Court Rules Committee just made the form Summons longer and "more informative".

 

[mindlessobserver]

But this is Minnesota, the most neoliberal educated state where all the children are above average. Rather than fix the underlying problem, the Supreme Court Rules Committee just made the form Summons longer and "more informative".

How on earth does the Federal Court in Minnesota square this circle? Do they just pretend the Erie Doctrine doesn't apply because there is absolutely no way they can make Minnesota's service and process rules comply with the Federal Rules of Procedure?

And speaking of the Federal Courts. Isn't Montagraph in Colorado? I would say there is obvious diversity jurisdiction here. There is perfect diversity between the Plaintiff (Colorado) and the named Defendants (Minnesota and Texas) . Nobody has pointed this out yet, so I may as well. If a Demurer to dismiss for lack of Jurisdiction is not filed I will eat as much crow as I can.

 

[talk talk talk]

How on earth does the Federal Court in Minnesota square this circle? Do they just pretend the Erie Doctrine doesn't apply because there is absolutely no way they can make Minnesota's service and process rules comply with the Federal Rules of Procedure?

Who's going to challenge it?

The people who get screwed by this are mostly poor debtors. They usually owe the money claimed. They can't afford to chase an appeal through the MN Court of Appeals to the MN Supreme Court and then to the US Supreme Court.

And for someone like Rackets, the state district court will just deny the default motion when he opposes it so there will be no appealable issue.

It's a problem that needs to be solved by the Legistlature. But again, the people most affected are poor debtors. They have no leverage with either wing of the neoliberal consensus.

ETA: RANT TIME. Minnesota liberals don't care about this shit that causes actual harm to actual poor people. But Minnesota liberals were totally excited about St. George Floyd. They clapped like goddamn seals when my neighborhood got fucking torched for no good reason at all. Jesus Christ I hate these people.

Apologies for getting red mad and nude online.

 

[mindlessobserver]

Who's going to challenge it?

The people who get screwed by this are mostly poor debtors. They usually owe the money claimed. They can't afford to chase an appeal through the MN Court of Appeals to the MN Supreme Court and then to the US Supreme Court.

And for someone like Rackets, the state district court will just deny the default motion when he opposes it so there will be no appealable issue.

It's a problem that needs to be solved by the Legistlature. But again, the people most affected are poor debtors. They have no leverage with either wing of the neoliberal consensus.

God I am glad I live in a legally autistic State. I've mentioned before its Virginia, so may as well throw it out here again. Its a double edged sword because it gives Chris-Chan more due process then he deserves and allows Melinda Scott to be such an obnoxious bitch, but fuck me if the alternative is nightmarishly bad. Around here "Maryland" is a curse a word. North Carolina and West Virginia courts frequently get cited in Virginia, but the moment someone tries to bring up Maryland as a potential citation they get smacked.

There is a reason Johnny Depp did everything he could to find a reason to have his defamation case heard in our court system.

 

[Sammich]

Boy I wish Nick hadn’t spent the last month and a half in a complete tailspin, otherwise I’d enjoy this a lot more.

Honestly, I think this came along at the the perfect time for Nick to pull out of this mess the last month or so has been. I sure hope he does, I don't like nick, never have, but dude has kids to support and I do wish him the best.

Might be funny for us, but it can't be doing those kids any favors.

 

[talk talk talk]

Honestly, I think this came along at the the perfect time for Nick to pull out of this mess the last month or so has been. I sure hope he does, I don't like nick, never have, but dude has kids to support and I do wish him the best.

Might be funny for us, but it can't be doing those kids any favors.

He's not pulling out, though. He's diving in.

Hiring Marc Randazza for this lolsuit is just being nigger rich. It's the same thought process as buying that Mustang when he should get a Subaru. It's putting on a big show of hiring the most famous guy to defend a stupid lolsuit. If it weren't for bullshit politics, he would have hired fucking Popehat for the clout.

Compare him with Dear Leader. When sued by Greer, Dear Leader cut a flat rate deal with a well-respected local attorney who had beat Greer before. When sued by Melinda Scott, Dear Leader hired a guy (sorry, forgot his name), who provided an excellent no-nonsense defense.

That is why Dear Leader is a fucking chad and Rackets is just a schmuck.

 

[AnOminous]

Unfortunately, Rekieta DEFINITELY doesn't visit this site anymore, so he will never see it.

I'm sure not seeing things that make him butthurt completely outweighs not seeing things that might be useful to him. He's completely owning the haters!

But this is Minnesota, the most neoliberal educated state where all the children are above average. Rather than fix the underlying problem, the Supreme Court Rules Committee just made the form Summons longer and "more informative".

Okay, I have had it with your bullshit. You are literally Garrison Keillor, and I am hereby doxing your ass.

 

[Puff]

He's not pulling out, though. He's diving in.

Hiring Marc Randazza for this lolsuit is just being nigger rich. It's the same thought process as buying that Mustang when he should get a Subaru. It's putting on a big show of hiring the most famous guy to defend a stupid lolsuit. If it weren't for bullshit politics, he would have hired fucking Popehat for the clout.

You forget that he makes MONEY from this shit. Hiring a famous lawyer might pay for itself. At the very least it brings in a high profile guest... if he can stop jerking it to 50 year old tits on locals long enough at least.

 

[5t3n0g0ph3r]

The astounding thing that everyone here is overlooking is Montagraph stopped skullfucking a melon long enough to figure out how to properly have a lawsuit served.
However, it seems he didn't learn a damn thing from his previous lawsuit against Jake Morphonios and failed to state a law to back up his complaints.
What a rube.

 

[waffle]

How on earth does the Federal Court in Minnesota square this circle? Do they just pretend the Erie Doctrine doesn't apply because there is absolutely no way they can make Minnesota's service and process rules comply with the Federal Rules of Procedure?

And speaking of the Federal Courts. Isn't Montagraph in Colorado? I would say there is obvious diversity jurisdiction here. There is perfect diversity between the Plaintiff (Colorado) and the named Defendants (Minnesota and Texas) . Nobody has pointed this out yet, so I may as well. If a Demurer to dismiss for lack of Jurisdiction is not filed I will eat as much crow as I can.

He sued nicks law firm, not the llc he runs his show through, so that will be a Minnesota LLC. Even if the parties get substituted it'll still lack complete diversity because Nick is getting sued in his home jurisdiction.

 

[feral cat #6385]

So any opinion on this? It looks like gamesmanship in the extreme to file a motion for default literally the day after actually filing the complaint. How was he supposed to file a response?

Is this likely to piss off the judge or is this kind of behavior encouraged in Minnesota?

Well since the judge probably hates him hopefully, she grants the motion and Nick gets the Alex Jones treatment. That would be quite a hilarious outcome.

He did speak disparagingly of this judge on his show so....

 

[Kosher Salt]

And speaking of the Federal Courts. Isn't Montagraph in Colorado? I would say there is obvious diversity jurisdiction here. There is perfect diversity between the Plaintiff (Colorado) and the named Defendants (Minnesota and Texas) . Nobody has pointed this out yet, so I may as well. If a Demurer to dismiss for lack of Jurisdiction is not filed I will eat as much crow as I can.

Nick was named personally as a defendant, which seems to trigger the forum defendant rule. He's in Minnesota, he's being sued in Minnesota.