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

[Useful_Mistake]

Late, because Nick has already covered this, but the Appellate court has accepted the appeal

Huh. I was right then.

 

[prolapsed_cranium]

I can't help but think Monty's appellate lawyer did him dirty.

Not really. They don't need to do anything at this point.

Outcomes from here:
1. Nick wins appeal, Judge applies CO law and backs Nick......which likely would get nuked on appeal
2. Nick wins appeal, Judge applies CO law and backs Monty.
3. Nick loses appeal.

Based on the judge's comments she thinks there's a case here. She isn't going to dismiss it, and trying to get an appellate court to go against their Supreme Court by applying out of state opinions is a long shot. If Nick wins and gets the dismissal, he'd better go straight to the gas station and buy a Powerball ticket.

 

[Kopasea]

If Nick wins and gets the dismissal, he'd better go straight to the gas station and buy a Powerball ticket.

Nick could've afford this lawsuit if someone hadn't already won the most recent lottery.

 

[AnOminous]

Consequently, Nick calls them racist, autistic, paedophiles, etc. etc. etc.

But he totally loves them even though he screams insanely and drunkenly about them for hours on end while wishing them harm and twitching and shaking like a palsied lunatic!

 

[Useful_Mistake]

Reminder. Nick has to file his Appellant Brief by the end of tomorrow. The court website might take a few days to update, though.

 

[Anonymus Fluhre]

Reminder. Nick has to file his Appellant Brief by the end of tomorrow. The court website might take a few days to update, though.

So it's too early to say that he's gay and late? That's sad. I was hoping we could joke about how every lawyer he knows/ works with and such likes to file late.

 

[Useful_Mistake]

Some interesting notes. He finished writing his affidavit on the 16th, his motion on the 17th, but waited until the 20th to file it to the court. So he waited until essentially the last day (the 20th was Friday) wherein the court would not likely be grant his motion in time for his to file his brief. Is this 4d chess move, or is this just retarded?




For context, the court order demanding the appellate brief was issued on the 11th.

 

[Owlbear]

Some interesting notes. He finished writing his affidavit on the 16th, his motion on the 17th, but waited until the 20th to file it to the court. So he waited until essentially the last day (the 20th was Friday) wherein the court would not likely be grant his motion in time for his to file his brief. Is this 4d chess move, or is this just retarded?

Rekieta did learn all he knows from one Mr. Ty Beard, who sabotaged his own case trying to pull this sort of move. Filing really close to the deadline is not abnormal, but that's usually because someone's doing work until then. I have heard of lawyers holding the documents to file at the last minute, too, on the theory that it minimizes the time the other side gets to review it. Of course, if there's a clerical issue, there's no time to rectify it...

Randazza's firm (unlike someone else's who we know) can probably cross all of the t's in terms of properly writing a court document, so I assume this was tactical.

 

[Useful_Mistake]

Brief is not viewable, only the proof of service


Brief was apparently submitted on time:



The other doc:

 

[Kosher Salt]

Brief is not viewable, only the proof of service

This seems weird. Why would the brief not be viewable?

Is this a particular Minnesota thing, appellate briefs not being remotely available? I guess this means that someone would have to go to a public access terminal to actually read the appellate brief... would they be able to print a copy at least?

 

[Useful_Mistake]

 

[Burd Turglar]

Somebody have Jim wheel his cancer ass in there and print it for the lulz.

 

[JCDenthog]

This seems weird. Why would the brief not be viewable?

Is this a particular Minnesota thing, appellate briefs not being remotely available? I guess this means that someone would have to go to a public access terminal to actually read the appellate brief... would they be able to print a copy at least?
View attachment 5439760

Without giving out too much information I could make a journey to Minneapolis-St. Paul to access a public terminal but there's no guarantee that I could bring anything back to the forums

 

[56 others]

Without giving out too much information I could make a journey to Minneapolis-St. Paul to access a public terminal but there's no guarantee that I could bring anything back to the forums

Would you have to go to the Twin Cities, or would any county courthouse work?

 

[JCDenthog]

Would you have to go to the Twin Cities, or would any county courthouse work?

The documents do say St. Paul so I am working off the assumption that it's the only place I can get it. Seeing how I am passing though St. Paul Thursday morning I figure it's not going to be too inconvenient for me to pull but I honestly have no idea.

 

[talk talk talk]

One possible explanation is that Randazza isn't aware of the MN supreme court's emergency COVID order that suspended filing paper briefs and has filed on paper. If he just looked at the rules of appellate procedure, he would only have seen the original rules and not the emergency order.

 

[Useful_Mistake]

and has filed on pape

He has filed electronically:

 

[Edict of Expulsion]

honestly have no idea.

Call ahead. You might be able to go to a more convenient public terminal.

And at least you could get a cell phone picture of the screen. They really likely let you print it for like $0.25 per page also. Just black out anything that identifies you, but there shouldn’t be anything since it’s public.

If they / the terminal ask for a name use a funny meme name and you won’t have to black anything out.

 

[Dumpster dived waifu]

If they / the terminal ask for a name use a funny meme name and you won’t have to black anything out.

When in doubt, you too can be Joshua Connor Moon.

 

[JCDenthog]

Call ahead. You might be able to go to a more convenient public terminal.

And at least you could get a cell phone picture of the screen. They really likely let you print it for like $0.25 per page also. Just black out anything that identifies you, but there shouldn’t be anything since it’s public.

If they / the terminal ask for a name use a funny meme name and you won’t have to black anything out.

I'll give them a call tomorrow morning and post an update in this thread.