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

Please, if god exists, let this be wrong. Let their be a deluge of degenerate shit dragged out into the purifying rays of light.
100%, the guy who posted semi-publicly his ass clapping cheeks on a bottle, has dick pics on his phone. Probably not just his own but at least Coomalot's too. In spite of his admonitions to the fans to not take nude pics, doing what he says is not Balldoman's strength.
 
I know it’s very unlikely but if we end up finding out who Nick’s source within Funimation was because of this I will laugh so hard.
It was Chuck Huber. Not hard to figure out.
100%, the guy who posted semi-publicly his ass clapping cheeks on a bottle, has dick pics on his phone. Probably not just his own but at least Coomalot's too. In spite of his admonitions to the fans to not take nude pics, doing what he says is not Balldoman's strength.
INB4 there is a motion for a mutual NDA from Nick's side.
 
It was Chuck Huber. Not hard to figure out.

INB4 there is a motion for a mutual NDA from Nick's side.
I don't forsee Monty getting Nick's phone mirrored.....and even if that happened, Monty doesn't just get to blast everything out in the open. That could open him up to tort liability of his own
 
But if he was discussing Monty while high on molly and shrooms at Hedonism 2...
Ah, yikes, slander much? We know from the Plaintiff that Nick was “commission[ing] Hate Crimes”. Clearly Nick was in Hedonism 2 to see which FAGS and NIGGERS he should pay his people to lynch
 
A lot of hay is being made about the RICO thing, but I am assuming that in this part of the country, that request is often put in the form of "X information for Y tort," and the only way to grab all of Nick's communication with others is framing it as proving some absurd RICO tort. Monty probably wants to prove that all of Nick's friends started defaming him together in concert (not a crazy assumption, they kind of did), but severely overestimates the level of coordination available to a coombrained moron.

I'm guessing Schneider may have seen that play in the past, and it has worked to expand the scope of discovery (probably in a criminal trial - Schneider is a midwit at best), or he saw the ridiculous anti-SLAPP play and said "hold my beer." His client is a paranoid schizo after all, and RICO fits the bill for that mental illness.

I'm not convinced that in rural Minnesota, Nick's stream won't be considered "prurient."

Also, trial in 2025 is fast. 2 years start to finish is practically the "rocket docket" for a case with such complex legal issues and parties who like arcane arguments. Randazza is probably hoping to run this longer.
 
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A lot of hay is being made about the RICO thing, but I am assuming that in this part of the country, that request is often put in the form of "X information for Y tort," and the only way to grab all of Nick's communication with others is framing it as proving some absurd RICO tort.
RICO has no relevancy to the case, and is not the only way to get Nick’s communications via discovery. I also wanted to raise issue with qualifying RICO as a tort, but I was wrong, in civil cases it is considered a tort (for example, In re EpiPen Direct Purchaser Litig., 20-CV-827 (ECT/JFD) (D. Minn. Mar. 29, 2023))
Monty probably wants to prove that all of Nick's friends started defaming him together in concert
Forgive me if I’m wrong, but conspiracy is not one of the causes of action in this case.
Randazza is probably hoping to run this longer.
Both parties agreed to the discovery plan, that is to say, these deadlines are what both parties want.
Also, trial in 2025 is fast. 2 years start to finish is practically the "rocket docket" for a case with such complex legal issues and parties who like arcane arguments
If Nick has harmed Montagraph as he did, one would expect the wishes for trial would be ASAP. As the Judge noted, “Both Quest and Rekieta have submitted flurries of evidence, almost all of which indicate that they were engaged in a vulgar, online shouting match. Both called each other abhorrent names and made rude jokes at the other’s expense. However, very little of the evidence on the record relates to an actionable claim of defamation, intentional infliction of emotional distress, or negligent infliction of emotional distress”. There is no complex issues as I remember it. It’s taking long because both parties want to get the last word in and pretend that they’re on Twitter. Rittenhouse case, full of complex issues, was resolved in a year (and they had to deal with the Prosecution committing fraud practically left and right). In comparison this is rather simple defamation per se case wherein the most complex part is whether Montagraph has had the same kind of reputation Nick jokingly (allegedly by Nick) accused him of.
 
Rittenhouse case, full of complex issues, was resolved in a year (and they had to deal with the Prosecution committing fraud practically left and right).
That was a criminal trial, where the state and courts are obligated to go extremely fast if the defendant doesn't waive their right to a speedy trial. This is a civil case, so no such constraints apply, and the judge is free to push out the timeline as far as she wants.
 
A lot of hay is being made about the RICO thing, but I am assuming that in this part of the country, that request is often put in the form of "X information for Y tort," and the only way to grab all of Nick's communication with others is framing it as proving some absurd RICO tort.
He might have been able to get discovery on an alleged RICO tort, if a RICO tort had been one of the claims made in his complaint (and if the RICO claim wasn't dismissed at the motion to dismiss stage, which seems rather likely since it's purely speculative - he has literally no evidence to support it). He's asking for discovery on matters that are unrelated to the claims for which he's actually suing, and anything he's wanting that is outside of the scope of the claims in the complaint should be denied.

It's improper to broaden the scope of discovery to include new speculative torts that you've never pled to a prima facie standard in your complaint. The civil process's prima facie standard followed by a motion to dismiss prior to discovery is precisely to stop discovery from being used for this sort of fishing expedition.
 
That was a criminal trial, where the state and courts are obligated to go extremely fast if the defendant doesn't waive their right to a speedy trial. This is a civil case, so no such constraints apply, and the judge is free to push out the timeline as far as she wants.
You missed my point. This is not a complex case, and it can get resolved much sooner. Even in the notoriously slow district courts, 90% of civil cases in Minnesota get resolved in a single year. 97% in 18 months. There is no reason this has to take this long.
 
You missed my point. This is not a complex case, and it can get resolved much sooner. Even in the notoriously slow district courts, 90% of civil cases in Minnesota get resolved in a single year. 97% in 18 months. There is no reason this has to take this long.
My assumption is Randazza's schedule is pretty full; meanwhile, Schneider and Monte see allowing a longer timeline means more rope given to Balldoman to hang himself with. And from Racket's side, more time equals more money, and they're hoping to bring Monte to his knees, at least financially. Hence the agreed timeline, even if it is stupid long.
 
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You missed my point. This is not a complex case, and it can get resolved much sooner. Even in the notoriously slow district courts, 90% of civil cases in Minnesota get resolved in a single year. 97% in 18 months. There is no reason this has to take this long.
Pretty much any defamation case is a complex case. Particularly when ideas about public figures are involved. On top of that, there will probably be expert witnesses over the idea of emotional distress, which makes discovery a lot less simple.

A simple case is something along the lines of "your tree fell on house and you don't want to pay." Compared to the cases we follow here, this one is simple, but it's more complicated than >90% of actual civil cases.
 
I don't forsee Monty getting Nick's phone mirrored.....and even if that happened, Monty doesn't just get to blast everything out in the open. That could open him up to tort liability of his own
But if you put it in a court filing...

My thought is that as long as you have some out there legal argument for including it, you can.
My assumption is Randazza's schedule is pretty full; meanwhile, Schneider and Monte see allowing a longer timeline means more rope given to Balldoman to hang himself with. And from Racket's side, more time equals more money, and they're hoping to bring Monte to his knees, at least financially. Hence the agreed timeline, even if it is stupid long.
Nick is burning cash ar a higher rate. This conflict is Parthian in nature, and I wager Nick's dwindling pool of resourced does not offset his higher hourly rate.

Check back on being willing to settle in October/November when he may lose his Rumble contract or have it reduced. I doubt Nick will think to try to negotiate for it until Spetember and after his holidays.


Slightly related musing:

I would be curious to see if Nick tries to get Monty's communications with Jersh, Sean, and any other Rekeitasphere adjacent personalities...

If he were smart, how would have had his lawyer contact these people (maybe it, but from the pattern of Sean and Josh's contact
 
Slightly related musing:

I would be curious to see if Nick tries to get Monty's communications with Jersh, Sean, and any other Rekeitasphere adjacent personalities...

If he were smart, how would have had his lawyer contact these people (maybe it, but from the pattern of Sean and Josh's contact
Now, would dear feeder give Nick those communications, or would he require Nick to have a subpoena? And if a subpoena is required, what are the odds that Nick bitches about it as if Josh hates him?
 
Check back on being willing to settle in October/November when he may lose his Rumble contract or have it reduced. I doubt Nick will think to try to negotiate for it until Spetember and after his holidays.
I don't know that Rackets has it in him to settle. If he did, he would have already done it. Maybe the financial pressure could get to him? But it's clear he has outside support that frees him up to make stupid financial decisions. And muh ego. I think he'd take a pyrrhic victory over eating humble pie.
 
Now, would dear feeder give Nick those communications, or would he require Nick to have a subpoena? And if a subpoena is required, what are the odds that Nick bitches about it as if Josh hates him?
I get the Impression that Nool reflexively refuses to comply with any sort of information production without a court order.
 
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