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

I desperately wanna know how the fuck Rekieta is gonna get around what he actually said.

Nick: I said Monty probably sucks little boy cock!
Schneider: No sir, you did not. You said he sucks little boy cock, and then you said that he should probably be shot. *plays video clip*
Nick: Well, I meant to say probably. You know what? Fuck you Schneider!!! I hate you! I'm Nick Rekieta, bitch!
Pled the 5th or don't get on the stand.
 
Rekieta is just fucked here. I guess he can appeal to the state Supreme Court, but they probably won't hear the case. Even if they did, Rekieta probably won't win.
Relying on the fifth factor really makes me think even the appeals court thought it was a close call. They usually don't even get to that. It's a balancing test where usually the first four decide it. They found the first two went one way, the third and fourth went the other, and then did the tie-breaker based on the fifth.

I'm not exactly a choice-of-law expert although I have written a few memos on issues like it, but that's unusual.

I still think it would be a really bad idea to try to go to the court of last resort on it, but I think Nick should do it anyway, for my amusement. Maybe he can try for en banc review on the way there. That would be fun.

Because I think Nick still loses the anti-SLAPP even if he somehow does ultimately win the choice-of-law battle. I just want to relish his agony.
Looking at the court document, it seems to have almost worked, but the Colorado law isn't settled enough to use in other states.
I wasn't actually aware of this, but the courts in Colorado haven't even resolved issues relating to their anti-SLAPP statute, since they don't have a unitary appellate system, so different divisions can reach contradictory decisions. So on top of asking a Minnesota court to import a statute from another state that is very similar to one decided to be unconstitutional by Minnesota's own Supreme Court, Nick was asking a Minnesota court to decide issues of law that Colorado itself hasn't even sorted out about its own law.

I'm actually surprised they found this a close call under these circumstances.

It strikes me as a well-reasoned opinion, though it does suggest Randazza managed to baffle them with bullshit to some degree.
Pled the 5th or don't get on the stand.
Good luck taking the Fifth when there's no allegation of criminal activity. Maybe he could claim he fears incriminating himself under Minnesota's criminal defamation statute, that is, that his defamation was so vile that it was literally a crime.
 
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Should have followed your own rules, buddy! The best way to resume doin' business is to settle.
No, that's for stupid morons who don't know what's best for them like Eric July. Nick can't defend free speech without paying his lawyer six figures to permit him to accuse people he doesn't like of heinous crimes.
Rekieta is just fucked here. I guess he can appeal to the state Supreme Court, but they probably won't hear the case. Even if they did, Rekieta probably won't win.

So now what? The cases proceeds and we go to discovery? Yikes lol. This case has already cost Rekieta 20-30K minimum. What was the GoFundMe for? 150K? 350K? I forget, but that amount was probably was Randazza quoted Nick for taking this case to trial. Even if Nick spends that much and wins, Montagraph is broke. Even if he won attorney's fees, he won't ever collect. Then if he loses, he'll be out all that money, and then will owe damages.
His GoFundMe was for like 15K except it capped out at like 3/4 that amount. Even Montegraph outraised him. And this was early 2023 Nick back when he still had the wine moms, a semblance of an audience, and slightly fewer holes in his brain instead of biweekly streams to CGoody and a few dozen trolls.
 
I desperately wanna know how the fuck Rekieta is gonna get around what he actually said.

“Your Honor, why are you so serious about this? It was just a joke! Don’t be weird about this. People are so weird. Ah but I’m very sorry Mr Judge, tomorrow I’m very busy, I must drive my kids to somewhere and I can’t go to the courtroom… And I’m feeling a 105°F fever right now, so I gotta go!”
 
A non-idiot would have settled. But thankfully, lolsuit.

A real lawyer would have apologized and settled as soon as the process server came knocking on his door. He could have put this to bed for peanuts. Nick decided he'd rather go the Jarndyce vs. Jarndyce route.

Randazza should have persuaded him to settle as well, but I suppose when you're acting for another lawyer, you're going to give him the courtesy of assuming he isn't an utter fucking moron and can afford to spunk your massive fees on a vanity lolsuit out of the change he finds slid down the back of his sofa.
 
I think it doesn't hurt that Rekieta is not what we would call a "pillar of the community". There has also been speculation Monty's lawyer has a personal ax to grind against Rekieta, hence agreeing to work on Contingency or at Cut Rate. Either because he just doesn't like how Nick besmirches the good name of the most venerable Minnesota Bar, or more likely that he was on the receiving end of a Rekieta "elevator talk" like the Judge for this case was
I think this is definitely a factor. Literally one of the first things they teach in law school is is not to be a such a prick that you alienate people, because word really gets around in law communities, especially somewhere like Minnesota. Especially not to a fucking judge. The court absolutely was aware of Nick's reputation and shitty attitude and it definitely didn't help his cause.
 
I’ll say that I never thought this appeal was going to work. The entire basis behind it being set to Colorado law made no sense regardless of how they tried to spin it.
The hearing was a little more in Nick’s favor, but even then I could tell that they were never going to side with Randazza’s random attempt to move the venue
 
His GoFundMe was for like 15K except it capped out at like 3/4 that amount. Even Montegraph outraised him. And this was early 2023 Nick back when he still had the wine moms, a semblance of an audience, and slightly fewer holes in his brain instead of biweekly streams to CGoody and a few dozen trolls.
Nick was trying to raise 50k and Monty was trying to raise 15k, Monty got almost his entire amount.
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Good luck taking the Fifth when there's no allegation of criminal activity.
Montagraph technically did accuse him of being the head of a interstate criminal organization with sole purpose of lynching niggers. So, I guess, if Nick is questioned about that, the 5th might have the full effect.
Nick has been doing a completely unhinged stream, attacks everyone including the judge. Is that admissible going forward ? Is he gonna get dicked down with contempt or someshit ?
Not unless Donald Trump suddenly adopts him.
 
Either Grandpa's legacy is paying for this crap (seems to be the most popular opinion), or the remnants of his YouTube profits from when people actually thought he had an entertaining show.
Given that Nick "owns" the house he's currently in, what are the chances he pulled equity or will pull equity on the house to afford this stupid, stupid, ill conceived, self-inflicted, shotgun to the face lawsuit.
 
Nick has been doing a completely unhinged stream, attacks everyone including the judge. Is that admissible going forward ? Is he gonna get dicked down with contempt or someshit ?

I think what has happened is that he has an outright enemy of the judge. There are some judges that will just ignore something like this. But there are other judges who would react to being personally attacked by using every power of discretion they have in the case against someone who did something like that.

If I was Nick, the particular one I would be most concerned about right now is the decision if Monty is a public figure or not.

If you did this to some judges, I think every motion your side did after that would fail and that every single thing the other side asked for would be granted. Nothing that could be shown to be overtly wrong would be done. But every matter within the judge's discretion would be decided against you in some way.

Nick's other most interesting legal comments last night were the suggestions that Randazza wasn't making the arguments that Nick wanted made or pursuing the strategy Nick wanted. I wanted him to get more specific but he stayed drunk and vague.
 
I hope he somehow violates attorney-client confidentiality and forces Randazza on the stand.

Also, side question. Is Nick as an attorney held to a stricter scrutiny for defamation? He comments in his drunk rambling that truth doesn’t matter, only his belief, but it sounds like he’s trying to use that as a shield. He’s effectively just trying to damage Monty’s reputation by feigning ignorance when he directly calls him a pedophile and CP producer. He’s dancing around it, but would an opposing attorney be able to argue that Nick knew from the previous lawsuit (and stream with Medicare) that Monty wasn’t a pedophile?
@waffle @AnOminous @mindlessobserver

Sorry to @ you guys seem the most educated on law.
 
I think what has happened is that he has an outright enemy of the judge. There are some judges that will just ignore something like this. But there are other judges who would react to being personally attacked by using every power of discretion they have in the case against someone who did something like that.

If I was Nick, the particular one I would be most concerned about right now is the decision if Monty is a public figure or not.

If you did this to some judges, I think every motion your side did after that would fail and that every single thing the other side asked for would be granted. Nothing that could be shown to be overtly wrong would be done. But every matter within the judge's discretion would be decided against you in some way.

Nick's other most interesting legal comments last night were the suggestions that Randazza wasn't making the arguments that Nick wanted made or pursuing the strategy Nick wanted. I wanted him to get more specific but he stayed drunk and vague.
The stream is private.
It seems like everyone recorded the Lost.
Yes, that is goodwison in the shadows.
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Lower court docket is updated, but the case is still listed as closed
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Montagraph technically did accuse him of being the head of a interstate criminal organization with sole purpose of lynching niggers. So, I guess, if Nick is questioned about that, the 5th might have the full effect.
"Your honor. What I actually said was I enjoyed choking one out over Large Black Men."
Given that Nick "owns" the house he's currently in, what are the chances he pulled equity or will pull equity on the house to afford this stupid, stupid, ill conceived, self-inflicted, shotgun to the face lawsuit.
Nick's a Trust Fund Brat from his Parents success. He supposedly has enough resources to not touch his Houses Equity. Assuming he hasn't drank and snorted it all
I think what has happened is that he has an outright enemy of the jud
Nick has a rare lawyer gift of making an enemy of every judge he has ever appeared before, instantly. It really is fascinating to see.
 
He’s dancing around it, but would an opposing attorney be able to argue that Nick knew from the previous lawsuit (and stream with Medicare) that Monty wasn’t a pedophile?
@waffle @AnOminous @mindlessobserver

Sorry to @ you guys seem the most educated on law.
I don't know if just being a lawyer would do it, but it's certainly relevant that he's discussed defamation law in particular, before he was a complete gibbering idiot, in extensive detail, including the actual malice standard. While ignorance of the law is no excuse, demonstrated knowledge of the law is pretty good evidence he knew exactly what he was doing, and acted with both actual malice in the legal and normal English sense.
 
Nick's a Trust Fund Brat from his Parents success. He supposedly has enough resources to not touch his Houses Equity. Assuming he hasn't drank and snorted it all
Best we can tell, all his funds from his Grand Parents come with some sort of strings, it wasn't until he was raking in cash hand over fist during Rittenhouse and then Depp that he began spending his money like a faggot in dick shop. That money isn't coming in anymore.

As I understand it, the house he's in now he paid off with what he made on superberries which means it's an asset he might have control over.
 
Ironically, and what may make this a semi-Pyrrhic $1 nominal damages type case, is that I think fewer people now believe that Monty is a pedo than did before, largely because many people just took those claims at face value. On actually looking at them, though, they're based on jack-shit or crazy troll logic.

Where he could get nailed even if he isn't found to have caused much in the way of damages, because he's a drooling lying wetbrain loser nobody believes about anything anyway, as well as a demonstrated pervert in his own right, the court may find his behavior reprehensible enough to justify fee-shifting as a punishment and make him pay Monty's lawyer.
I kind of feel like nick this is going to get a modest verdict for the initial claim, but get absolutely fucked on punitive damages for his conduct during litigation/after the dispute was known. MN has unlimited punitive damaged as far as I can tell. I think some local Scandinavian prudes could be very scandalized by his absolutely unhinged rant fest.

Keep in mind, there's no reason to expect that things won't continue to escalate.
 
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