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

[prolapsed_cranium]

Is the "personal knowledge of facts material to the claim being asserted" is that he reviewed the statements by Rekieta and found them to be "outrageous" (which is language directly relevant to the IIED claim)?

That personal knowledge was already implied by the fact that he agreed to represent Monty in this action.

In Affidavit #34 he voluntarily offers his own testimony (and of others in his firm) as evidence that Nick's conduct meets a certain evidentiary standard.

Why? Why do that? It serves no special purpose to list your staff. Now they are all people that you claim have personal knowledge and you may have breached privilege you had with them.

Attorneys are supposed to be an advocate, not a witness. This is in the MN Rules, ABA model rules, and is pounded into your head in law school. That's why attorneys can't jump up on the stand and vouch for their dude.

I understand that Nick mocked Schneider's retarded/Downs/crippled kid, but he then does all of this? Filing a complaint because he called you a "cunt" is pretty fucking limp dicked as well as his evidentiary offering. Trying to show how bad Nick is and leaving your wife and legal staff in a position to be deposed is pathetic.

It's sloppy and reeks of target fixation.

That's actually a relevant issue, though. You are not necessarily a domiciliary of the state where you are currently residing, and your intent to return is what makes you continue to be a domiciliary of the state where you plan to return.

It is hardly ripe for an ethics complaint where there is an ongoing proceeding where the facts haven't even yet been developed. It's a pissy, spiteful complaint that might not even be factually correct.

Schneider opened the flood gates when he filed a complaint over being called a name.

Faggotry begets faggotry

 

[teriyakiburns]

The court orders Nick to give Monty the Balldo, and he fucks a watermelon with it.

"Bailiff, desist in striking the defendant's nuts! He appears to be enjoying it!"

 

[Swole McPole]

It's a societal difference, with the large contingent of "FUCK OFF" types in the US who are easily capable and willing of lethal violence you really got to be careful before doing something stupid like Nick did with Monty by poking him incessantly. Personally, I'm suprised Monty didn't decide to just drive up to MN and blast Nick's brains out on a wall with a firearm. Think of it like mutually assured destruction almost.
Fortunately for us this also leads to hilarious shit in the US like the dumpster defenders, the poacher who got got his pickup pushed into an embankment by a farmer with a tractor, rigging flashbangs in your car to deter thieves, bulldozing your town officials' buildings the American way or shooting up youtube because they took your ad-revenue.

Some of this has to be about whether you have assets you want to protect as well. When I was young, dumb and penniless, I'd think nothing about defaming people in the most insane ways I could think of.

When you've paid off your mortgage, you've accrued a significant pension and you've got six figures in your investment account, there's a great big target on your back. Also, everyone in the UK (edit: OK, everyone of my generation) has either read Bleak House or watched a dramatization. We all know what happened in the case of Jarndyce vs Jarndyce.

 

[waffle]

Also... I could be misremembering, but when did this happen? The first affidavit that Monty swore to was the one they filed in response to the anti-SLAPP motion. Prior to that, only the complaints said anything about where Monty was residing, and he didn't sign those, Schneider did.

I was remembering wrong then. I thought Monty filed an affidavit before the motion came out. I wonder if Schrader had Monty approve the petition.

 

[Kosher Salt]

I understand that Nick mocked Schneider's retarded/Downs/crippled kid

Not even that. Nick seemed to think that Schneider was mad because Nick uses the word retard as a pejorative term. Nick had never said anything about the Schneider's tard in particular, just to using the word in general was apparently the trigger.

 

[waffle]

Has there been a notice of deposition posted on the case for Nick? Legal Mindset has a video scheduled as a live commentary of the deposition of Nick Rekieta, but it's also at 6 P.M. - which is weird. Further, having a deposition live streamed to the general public would be the most LOLsuit thing imaginable, so I'm kind of thinking/hoping I'm getting click-bated here.

 

[Terrifik]

Has there been a notice of deposition posted on the case for Nick? Legal Mindset has a video scheduled as a live commentary of the deposition of Nick Rekieta, but it's also at 6 P.M. - which is weird. Further, having a deposition live streamed to the general public would be the most LOLsuit thing imaginable, so I'm kind of thinking/hoping I'm getting click-bated here.

Here you go

 

[Balldo's Gate]

Has there been a notice of deposition posted on the case for Nick? Legal Mindset has a video scheduled as a live commentary of the deposition of Nick Rekieta, but it's also at 6 P.M. - which is weird. Further, having a deposition live streamed to the general public would be the most LOLsuit thing imaginable, so I'm kind of thinking/hoping I'm getting click-bated here.

Rekieta is going to be guesting on his stream and he's clickbaiting is my guess.

 

[prolapsed_cranium]

Not even that. Nick seemed to think that Schneider was mad because Nick uses the word retard as a pejorative term. Nick had never said anything about the Schneider's tard in particular, just to using the word in general was apparently the trigger.

That makes Schneider an even bigger faggot. How does that man not trip over his loose tampons strings on a daily basis?

Rekieta is going to be guesting on his stream and he's clickbaiting is my guess.

+1

The bait must be clicked

 

[Moths]

In Affidavit #34 he voluntarily offers his own testimony (and of others in his firm) as evidence that Nick's conduct meets a certain evidentiary standard.

Lmao "you honour id like to compel discovery of the opposing parties law firm and depose all their staff"

And my favourite "your honour id like to call my next witness, myself!"

This is hollywood level lawyerin

 

[AnOminous]

We're talking about the same lying piece of shit who argued that the reason Nick's using sworn statements instead of affidavits is because lawyers don't sign their name on shit unless they personally know it to be true and accurate.

Which is a lie since it's specifically pursuant to a rule:

544.15 SUBSCRIPTION AND VERIFICATION.​

Every pleading may be verified in the manner following:
(1) by the affidavit of the party, or of one or more of the parties pleading together, that the affiant knows the contents of the pleading, that the averments thereof are true of affiant's own knowledge, save as to such as are therein stated on information and belief, and that as to those the affiant believes them to be true;
(2) if the party is a corporation, the affidavit may be made by any officer thereof having knowledge of the facts sworn to; if the state, or any officer thereof acting in its behalf, by the attorney general;
(3) if no party or officer acquainted with the facts and capable of making such affidavit is within the county where the attorney resides, the pleading may be verified by the attorney or agent of the party, stating the fact of such absence and that the pleading is true to the best of the verifier's knowledge and belief.

History:​

(9265) RL s 4142; 1974 c 394 s 8; 1986 c 444

His lawyer could also file on "knowledge and belief," but why would you do that when you could use an affidavit or sworn statement instead (both subject you to perjury if you lie in them)?

Faggotry begets faggotry

Which makes them both gigantic, retarded faggots wasting the time of third parties.

Not even that. Nick seemed to think that Schneider was mad because Nick uses the word retard as a pejorative term. Nick had never said anything about the Schneider's tard in particular, just to using the word in general was apparently the trigger.

It's not Nick's fault he shoots retard loads.

 

[5t3n0g0ph3r]

Not even that. Nick seemed to think that Schneider was mad because Nick uses the word retard as a pejorative term. Nick had never said anything about the Schneider's tard in particular, just to using the word in general was apparently the trigger.

If this is the truth, then Schneider has paper mache for skin. Lolcows on all sides. If the judge turns out to be Chupp tier, then this will be a proper shitshow.
What's next? The bailiff is a BDSM furry?

 

[Balldo's Gate]

If this is the truth, then Schneider has paper mache for skin. Lolcows on all sides. If the judge turns out to be Chupp tier, then this will be a proper shitshow.
What's next? The bailiff is a BDSM furry?

Why would Nick know to begin with?

I have no idea if it was a reason before. It probably is now though that Nick brought people's children into it.

 

[Kosher Salt]

Has there been a notice of deposition posted on the case for Nick? Legal Mindset has a video scheduled as a live commentary of the deposition of Nick Rekieta, but it's also at 6 P.M. - which is weird. Further, having a deposition live streamed to the general public would be the most LOLsuit thing imaginable, so I'm kind of thinking/hoping I'm getting click-bated here.

Mindset tends to be kinda clickbaity. I saw the scheduled video and that's what I assumed, anyway.

If he's having Nick on, they're probably going to talk about how Nick's going to take depositions of Schneider's wife and entire law firm ().

Which is a lie since it's specifically pursuant to a rule:

Yeah, and Nick addressed this at one point, basically saying that the lawyer would just be saying that it's a true and accurate representation of the thing they read.

Of course Schneider should at least try to keep it out as hearsay, but it's not technically being entered for the truth of the matter; it's evidence of the ongoing public controversy, and specifically, it goes to Nick's state of mind as to the controversy surrounding Monty. If Nick wants to give some sketchy website's claims more credibility than he gives Monty's protestations to the contrary, he's entirely within his right to do that in the context of his YouTube show. That's not actual malice.

 

[Strix454]

Why would Nick know to begin with?

One possibility is Spectre. A while back, Spectre was peddling all sorts of "information" about Schneider that he supposedly got from his "phone call" with him. Nick also seemed to be listening to Spectre at the time. It kind of seems like the sort of story that Spectre would come up with.

 

[Darkholme's Dungeon]

Some of this has to be about whether you have assets you want to protect as well.

There's still a significant amount of "no fucks given" in older folk in the US, it's a cultural thing. Ted Brundy types would not exist otherwise. You can't fight ideas effectively with bullets.

What's next? The bailiff is a BDSM furry?

Worse. Baliff is a fat fuck like Boogie or wings (or worse a woman) and breaks down after the alawgs spam them with hate mail or something minor.

 

[IrishGuy088]

Ohhh so this is why you're fucked as soon as you get lawyers involved.

wew

 

[Thomas Talus]

Ohhh so this is why you're fucked as soon as you get lawyers involved.

wew

People end up fucked in a different way when they don't get lawyers involved, especially when it comes to business and estate planning (to say nothing of the intersection of the two). Saving money up front by not getting a lawyer to draw up a written agreement for your partnership and doing everything on a handshake, or "among family" means that you will be paying a lawyer a lot more when someone wants to dissociate and everyone's recollections of the verbal agreements differs wildly.

 

[Balldo's Gate]

MCRO is showing updates. Looks like the hearing on the 28th happened after all.

From the notice from today, looks like the motion hearing for April 10 will be happening (presumably relating to Randazza's motion to dismiss)

 

[Kosher Salt]

MCRO is showing updates. Looks like the hearing on the 28th happened after all.

Yeah, says "held off the record"...