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

[Grotesque Bushes]

Nick files Friday, judge responds Tuesday. Uhmazin. And I don't want to be an abject cunt just yet, but I can think of at least one internet shock jock that would be howling at the court ordering fees paid at such an early stage of the shitshow.

 

[Kosher Salt]

Sir, I cannot think of a more direct cost.

That's because there isn't any "more direct" cost, but there definitely could be. The cost of writing and filing a response to the late request for extension would be directly related to the late request for extension. Now, they didn't file one, but that doesn't mean that they didn't incur some costs communicating with their client and potentially even starting to draft a response.

The cost of ignoring Nick's phone calls is zero. The cost of not responding to Nick's emails is zero. If I was Nick, I'd be arguing that the motion for default was not directly related to the late request for extension (it by definition could not be, as it came before it), and the fact that it's now moot is egg on their face for playing stupid games instead of answering his calls. Montagraph's lawyer literally admitted that he got back on the 9th, saw that he had voicemails and emails from the opposing party, and instead of responding he sat around all week waiting until he could file the motion for default.

He claims that he didn't respond "in part" because he was out of the country... he leaves unexplained what the rest of his reason was.

 

[Kopasea]

Nick files Friday, judge responds Tuesday. Uhmazin. And I don't want to be an abject cunt just yet, but I can think of at least one internet shock jock that would be howling at the court ordering fees paid at such an early stage of the shitshow.

She might have responded Monday, but it was MLK Jr. day

 

[Kosher Salt]

She might have responded Monday, but it was MLK Jr. day

Yes, MLK Jr. Day is a Federal holiday. The court was out.

The one day turnaround is evidence of the fact that this was a rubber-stamp approval of the extension request. It was basically guaranteed that the extension request would be granted, and all of the shenanigans in trying to avoid an extension and instead get a default were stupid. It'll remain to be seen whether the court's annoyed by these antics and if so whether it's directed at one side more than the other or if it's more or less spread equally.

The real mystery is why Nick didn't just make his second stop the courthouse to make a timely request for extension, when communications with the opposing party failed to the point that he made a trip down to their office the day his response was due, to try to meet in person, to be told that that the lawyer wasn't there. He should've filed the request for extension that same day to get it in before his deadline had passed.

 

[Useful_Mistake]

Montagraph's lawyer literally admitted that he got back on the 9th, saw that he had voicemails and emails from the opposing party, and instead of responding he sat around all week waiting until he could file the motion for default.

Was this in the original complaint?

 

[Kosher Salt]

Was this in the original complaint?

By complaint, do you mean the motion for default? It was in the memorandum (doc 6, p 4) and the affidavit (doc 7, p 2) that accompanied it.

Both of those documents were signed on the 12th and entered into the case file on the morning of the 13th. So he got back from his vacation on the 9th, was aware of the missed calls/emails, and chose not to respond to them; instead he waited until the 12th to write and file a motion for default.

 

[Useful_Mistake]

By complaint, do you mean the motion for default? It was in the memorandum (doc 6, p 4) and the affidavit (doc 7, p 2) that accompanied it.
View attachment 4297658View attachment 4297682
Both of those documents were signed on the 12th and entered into the case file on the morning of the 13th. So he got back from his vacation on the 9th, was aware of the missed calls/emails, and chose not to respond to them; instead he waited until the 12th to write and file a motion for default.

Why would he even file this? I struggle to find a way to look at this that doesn't make him look either stupid (at best) or malicious (or worse).

 

[Kosher Salt]

Why would he even file this? I struggle to find a way to look at this that doesn't make him look either stupid (at best) or malicious (or worse).

I assume it's because he knows Nick would be happy to tell the court what a dick he's being if he doesn't put the most positive spin possible on it to get it in first.

edit: although, it does sacrifice the "I didn't have the chance to get caught up on my voicemail/email yet when I filed the motion for default" argument. He had enough time to write a detailed explanation in the motion about how he had the messages and didn't respond to them. That was plenty of time to simply hammer out a quick email saying that the plaintiff would not oppose defendant's request for an extension.

 

[Kosher Salt]

A wild Randazza appears!

Spoiler: 14 Motion for Admission Pro Hac Vice

Spoiler: 15 Affidavit of Attorney

Spoiler: 16 Proposed Order or Document

Spoiler: 17 Affidavit of Attorney

The affidavit was apparently uploaded twice, I've attached both but they look pretty much identical other than the date stamp.

 

[AnOminous]

This seems like a REALLY stupid thing to admit to in a defamation suit (from @TheSpectreRep)

It's quite literally admitting nearly nothing Nick can say is actually defamatory. I have absolutely no comprehension of why anyone would say this in a defamation complaint.

He literally put Nick's primary defense into his own complaint. Did he have a brain tumor for breakfast?

It's like if you sued me and said everyone knows this guy is a complete retard and nobody believes a word he says.

Montagraph's lawyer literally admitted that he got back on the 9th, saw that he had voicemails and emails from the opposing party, and instead of responding he sat around all week waiting until he could file the motion for default.

This is pure clownshoes behavior by Monty's lawyer. I am at a loss as to why a guy who apparently, unlike Nick, actually works as a lawyer on a daily basis would pull a retarded stunt like this.

A wild Randazza appears!

!FUN! has officially started.

I want one of his motions in his snazzy fonts. They're the typographical equivalent of Saul Goodman's suits.

 

[teriyakiburns]

A wild Randazza appears!

Guess Nick was just getting all his dicks in a row.

 

[UncleTusky]

A wild Randazza appears!

And he makes a typo when his pro hac vice is still pending: His Nevada Bar number is listed as 027861 in his affidavit:

But 12265 in the Minnesota Pro Hac Vice application while 027861 is given as his Arizona Bar number:


For the attorneys in this thread - is Randazza really that good as an attorney? The judge might miss this or let him re-file without penalty but these kinds of amateur mistakes make it hard for me to believe he wouldn't make some fuckup where it really matters.

 

[AnOminous]

For the attorneys in this thread - is Randazza really that good as an attorney? The judge might miss this or let him re-file without penalty but these kinds of amateur mistakes make it hard for me to believe he wouldn't make some fuckup where it really matters.

This is a lolsuit. It is therefore obligatory that all counsel be lolyers.

 

[feral cat #6385]

I sure hope more people sue rackets. What I wouldn't give to see J Shawn Lemoine depose Wreketia. Assuming he didn't die of Covid.

 

[TJBirish]

For the attorneys in this thread - is Randazza really that good as an attorney? The judge might miss this or let him re-file without penalty but these kinds of amateur mistakes make it hard for me to believe he wouldn't make some fuckup where it really matters.

Well, he does have a way with words. And he speaks Klingon

https://www.popehat.com/wp-content/uploads/2016/04/035-1-Brief-of-Amicus-Curiae.pdf

(Trying to upload the .pdf but having problems, will try later)

 

[Useful_Mistake]

Well, he does have a way with words. And he speaks Klingon

https://www.popehat.com/wp-content/uploads/2016/04/035-1-Brief-of-Amicus-Curiae.pdf

(Trying to upload the .pdf but having problems, will try later)

There you go.

 

[TJBirish]

There you go.

Thanks.

Beautiful writing like that needs to be appreciated.

 

[mindlessobserver]

A wild Randazza appears!

Spoiler: 14 Motion for Admission Pro Hac Vice

View attachment 4302821View attachment 4302823

Spoiler: 15 Affidavit of Attorney

View attachment 4302829View attachment 4302831View attachment 4302834View attachment 4302838View attachment 4302840View attachment 4302843View attachment 4302846View attachment 4302847View attachment 4302849

Spoiler: 16 Proposed Order or Document

View attachment 4302854View attachment 4302855

Spoiler: 17 Affidavit of Attorney

View attachment 4302859View attachment 4302861View attachment 4302863View attachment 4302866View attachment 4302871View attachment 4302883View attachment 4302888View attachment 4302889View attachment 4302891

The affidavit was apparently uploaded twice, I've attached both but they look pretty much identical other than the date stamp.

Yay! Competent attorneys to wrangle the shit show.

Also Boo, competent attorneys are going to wrangle the shit show.

 

[TJBirish]

Yay! Competent attorneys to wrangle the shit show.

Also Boo, competent attorneys are going to wrangle the shit show.

As seen in his amicus brief, he can be a smart ass, and often is. As bad as the suit is, he may treat us to some "interesting" writings.

If it's true that the judge holds a grudge against Rekieta, we may see a quick end to this drama. She has to know the longer this goes, the better it is for Rackets. But we can hope.

 

[talk talk talk]

The law firm sponsoring Randazza seems odd. Their web site (crown.law) lists a bunch of brag cases as these sites tend to do, but they are all in Arkansas, not Minnesota.

In addition, the actual sponsoring attorney, Matt Kezhaya, still has his law firm identified as "Kezhaya Law PLC" on his attorney registration. He is also running naked without malpractice coverage.