No. In the hot tub during one of his LOLcals streams, not too far in the future. When he has completely alienated his audience and is streaming to nobody. As a result of consumption problems, he passes out and drowns in the hot tub. Three weeks later the local police find the... slow cooked remains of Nicholas Robert Rekieta while performing a wellness check.
I think that's right, but what happens if they win on SLAPP grounds and Monty has nothing to give? Is there any clause in the contract Balldo signed that says in that event fees bounce back to him or is it just good luck getting blood from a stone to Randazza? The amount of money for this case is probably absurd.
I have a question regarding this too:
No but Randazza has been performing anal sex on him with each and every bill.
Montagraph doesn't have any money. No matter what its a money sink.
Sean and Null talked about this today:
Yeah, you’re missing the first eight months of 2023. I don’t want to derail the thread but Nick being the best LOTY candidate doesn’t make the other cows boring.
So the maximum balldodamage option is Rackets losing the SLAPP and then escalating it via appeals to the Supreme court?
I don't know if he can appeal the SLAPP as they're already at the appellate level from what I understand. The worst possible outcome for Balldo is if he loses SLAPP and then has a long drawn out trial, because Randazza charges a thousand an hour, as he said at Porc Fest, just for his time.
He doesn't care. He already got his money just like the Rustang dealer got his money and just like the people Balldo bought his "art" from got their money. Do you think he's fronting this shit?
I believe you, I'm just pointing out I'm not terribly familiar with what Pat did last year. Just like I think a lot of Pat and BMJ voters didn't follow this thread either and think the catfishing was the only thing (I definitely got that impression when reading some of the comments in the aftermath).
I think the way this works is that Rekieta wins his appeal, runs to the kitchen the night after the decision is released to stream himself sassily eating a Dorito, only to lose on the anti-SLAPP motion itself.
No, Rekieta is still the one getting invoiced no matter what. Otherwise, in a case like this, he'd struggle to find a lawyer willing to represent him. If he wins at the appeals court AND wins on the anti-SLAPP motion, he is entitled to recover fees from Montagraph. There is still the possibility for a Balldo L there since the fees will be examined for reasonableness and, well, based on what Nick has said he's spent so far, I'm not sure whether he's not spent far more than is reasonable for this case.
The way Randazza made it sound at Porc Fest was that he just bills the opposing party, now I thought he had some kind of refund to the client for the retainer and expenses, but if all Balldo gets for winning is an IOU from Monty that's hilarious. Congrats, Randazza got paid from your pocket and you won a piece of paper about as valuable as a liberal arts degree, you know, kind of like that creative writing degree.
Oof. 1k per hour?! Mindset said the other day his discount rate is 350 and his typical is 450. I assume this is his rate even when he dealt with corpo special districts cause he would have cited higher if it was.
Might be, though in his talk he described it as a 20k retainer, then 1k an hour but if he was feeling charitable or whatever he might go to a third of that, but that even then it would be over a hundred thousand in total. he described lawyers that charge a small retainer and 300 an hour as not great.
This right here is the ultimate folly of this entire lawsuit. Even if Nick "wins", he's still gonna lose, this entire situation should be a cautionary tale about learning to pick and choose your battles. His inability to swallow his pride and apologize for something he legitimately got wrong is going to cost him tens of thousands of dollars. Fascinating behavior.
It's such a weird thing to get hung up on as well, as it's an extreme accusation with the only evidence being hearsay about a movie no one ever saw that turned out to be random shlock that could end up as a cult classic one day in the same way as Birdemic or The Room. Balldo could have apologized and in the same apology called Monty every name in the book besides the obvious ones that have context beyond calling someone a retard.
Right. Which means I think it's not unreasonable to think Rekieta has already taken an L no matter which way this ends.
It isn't about where the lawsuit should take place. Everyone agrees it's in Minnesota. It's about which laws get applied. Nick is arguing it's Colorado's that should get applied. So a Minnesota court should apply Colorado's laws. Because that's where Monty is (allegedly). And it should be using a Colorado law very similar to a law that Minnesota's Supreme Court has ruled unconstitutional.
