William James Mitchell vs. Twin Galaxies LLC, Jeff Harrist & Jeremy Young & donkeykongforum.com, Benjamin Q Smith

[AnOminous]

I am curious though, if the evidence of cheating/tampering really is rock solid, does Billy's letter still carry bite to it?

At best, the situation is now that, regardless of the merits of their position, they know GWR is not going to be on their side. They've more or less committed to retracting and have to defend that choice if they're dragged in through discovery, which they certainly will be, or have to testify, which they may if they're subpoenaed and don't resist it.

Whether they should have it or not, GWR has a lot of perceived credibility.

 

[nohm]

The owner of Twin Galaxies, Jace Hall, said that the hearing that was scheduled for today has been moved to October 15th. The judge's researcher wanted more time to study all the evidence.

http://archive.vn/3JouL

 

[BarberFerdinand]

On the subject of GWR's credibility: https://www.youtube.com/watch?v=HIbeF0bf1Gk

tldw: GWR doesn't actually have the credentials to adjudicate pretty much anything, unless it's some extremely weird world record that nobody would normally ever think of(like number of times you can kiss a snake while playing a ukulele). For anything even remotely mainstream they rely on the judgement of more reliable agencies for verification of legitimacy. In the case of Billy Mitchell, they just took Twin Galaxies word that his high scores were real. The autistically exorbitant analysis of the speedrunning community have very solid evidence that the records are fake/tampered with, and that TG is bullshit.

As far as how the common perception of GWR's credibility would fair against the speedsperg's proof in court, I got no clue.

 

[nohm]

On the subject of GWR's credibility: https://www.youtube.com/watch?v=HIbeF0bf1Gk

tldw: GWR doesn't actually have the credentials to adjudicate pretty much anything, unless it's some extremely weird world record that nobody would normally ever think of(like number of times you can kiss a snake while playing a ukulele). For anything even remotely mainstream they rely on the judgement of more reliable agencies for verification of legitimacy. In the case of Billy Mitchell, they just took Twin Galaxies word that his high scores were real. The autistically exorbitant analysis of the speedrunning community have very solid evidence that the records are fake/tampered with, and that TG is bullshit.

As far as how the common perception of GWR's credibility would fair against the speedsperg's proof in court, I got no clue.

Billy Mitchell initiated legal proceedings against the Australian YouTuber who made this video. He wants it deleted, an apology, and $150,000 in damages.

https://archive.vn/R6Iyg

 

[Zbk3VmLfujjzjxBd43tL]

He might be fucked since Australian libel laws are easy to exploit.

 

[Kendrick]

Billy Mitchell initiated legal proceedings against the Australian YouTuber who made this video. He wants it deleted, an apology, and $150,000 in damages.

View attachment 1505495
https://archive.vn/R6Iyg

View attachment 1505514
View attachment 1505506

I see some flaws in that letter. First line in the Background contains lies: "Billy Mitchel is"... No, he WAS.

 

[BarberFerdinand]

Looks like Apollo Legend has caved. It's understandably that you gotta do what you gotta do, but also kind of disappointing seeing as how much gofundme money he got.

https://archive.fo/ETYRS

Edit: By disappointing, I mainly mean for the lack of transparency. Considering the subject matter, I guess it shouldn't be that surprising, though.

 

[Scarlett Johansson]

Damn. Its still agreed on principle that Mitchell is a whiny cheating scammer faggot though right?

 

[BarberFerdinand]

Damn. Its still agreed on principle that Mitchell is a whiny cheating scammer faggot though right?

The turbo autists in the speedrunning community seem very certain of their evidence that Billy's record was performed on an emulator, and there has been so much documentation to that effect that I don't personally doubt it. But I say that as someone who definitely isn't an expert on arcade forensics, so ultimately I'm taking their word on it. And of course, that's far from whatever the realities of the legal system would be.

What'll be particularly interesting is how the other people dealing with these cases will handle it. If they were to succeed, I wonder if Apollo would be able to cut away from whatever agreement he made to get Billy off his back.

 

[Jean Lafitte 1812]

Well Apollo asked nicely, but as he pointed out Billy owns these videos now and I don't actually care what Billy thinks so enjoy and archive.

Spoiler: Watching Guide

Biggest Cheater and How to Lose a Guinness World Record are prequels about Todd Rodgers
World's Most Infamous Donkey Kong Player Caught Cheating and The Greatest Hoax talk about Billy and Walter's schemes with Twin Galaxies to prop up TG and Billy
The rest are about the early bits of the lawsuit and Billy's false copyright claims

The videos break down the confirmed, factual events of Billy's cheating and are necessary to understand the history of both the legal and internal Twin Galaxies cases against Todd Rodgers and Billy Mitchell.

In better news, Karl Jobst is being an actual legend in Apollo's comments and swearing not to back down. Really hope he doesn't.

 

[nohm]

The turbo autists in the speedrunning community seem very certain of their evidence that Billy's record was performed on an emulator, and there has been so much documentation to that effect that I don't personally doubt it. But I say that as someone who definitely isn't an expert on arcade forensics, so ultimately I'm taking their word on it. And of course, that's far from whatever the realities of the legal system would be.

What'll be particularly interesting is how the other people dealing with these cases will handle it. If they were to succeed, I wonder if Apollo would be able to cut away from whatever agreement he made to get Billy off his back.

About two months ago, Apollo Legend made a video calling out a big YouTuber who refused to pay to the guy they hired to make TikTok clips of their gaming videos. It created a lot of drama, and Apollo said was done with YouTube.

That's probably why he caved to Billy Mitchell. He just didn't want to deal any of this anymore.

Apollo Legend on Twitter: "https://t.co/PAkIa78Wf8" / Twitter

archived 3 Jul 2020 22:12:06 UTC

archive.vn

 

[Mostly Here For Lurking]

About two months ago, Apollo Legend made a video calling out a big YouTuber who refused to pay to the guy they hired to make TikTok clips of their gaming videos. It created a lot of drama, and Apollo said was done with YouTube.

That's probably why he caved to Billy Mitchell. He just didn't want to deal any of this anymore.

View attachment 1540708

Apollo Legend on Twitter: "https://t.co/PAkIa78Wf8" / Twitter

archived 3 Jul 2020 22:12:06 UTC

archive.vn

Holy shit I thought Apollo was a cool guy before seeing this.

 

[nohm]

Another one of Billy's expert witnesses, from his own evidence package, has switched sides and supplied Twin Galaxies with a recording of Billy's plan to fabricate evidence to discredit the site.

Spoiler: Why he turned against Billy

This change of heart from David Race came about after an MTV interview from 2006 was discovered. In the video, Robert Mruczek, a Twin Galaxies referee, displays one of Billy's record setting scores on Donkey Kong. A "girder finger" can be seen in a screen transition, which is a telltale sign that the game was played on MAME. Billy's position is that the tapes had been altered by a disgruntled former Twin Galaxies referee, Dwayne Richard. This allegation can no longer be sustained given that this footage predates his access to them.

Billy's scheme was to record himself scoring 1,062,800 points and then anonymously mail the tape to Twin Galaxies. He thought that the site's members would conclude that this was footage of his all-time high-score from 2010 that no one has seen before outside of a few clips. They would analyze the video and declare that it was MAME, only for Billy to reveal that it wasn't. The person he told his plan to brings up the issue of his new gameplay not matching the existing clips of his gameplay from 2010. Billy glosses over this and thinks that the site's members will ruin their credibility before they notice.

The relevant portion of the recording is reproduced below.

Billy: I wanna let you in on a secret of what I plan to do. And then I'll ask you- I'll tell you how you can help me. The only one who would know this is Carlos, um, I don't think I even told Rob 'cause he just left on vacation, and I'll tell Eric, and there'll be you.

Billy: Yesterday, I played and I was so disappointed. I actually didn't get angry like I normally would. I played and I got 563,000 on my first death. And I mean, it was And I mean, I was cruising with plenty of points. It was easy. I was gonna get a million- 1,062,800. And like sometimes happens, you lose your first guy for no dumb reason, and then the wheels come off of the whole game. And sometimes, that doesn't happen, but it did happen. So my point is whether it's tomorrow, whether it's the next day, whether it's the next day, I'm gonna- I'm gonna do it, and I'm gonna hit it, and I'm gonna hit it right on the head and leave it there.

Billy: And so, what happens here is, um, um, I have a- I have a-a webcam in the front like everybody else in the world does. I get up there, somebody gave me advice, I put my thumb up in the camera, Billy Mitchell's thumbs up and I'd say, "Let's verify our machine," and I shut the machine off and on so you see the test pattern pop up and I play the game. And at the end, I'll unlock the control panel and flip it so I don't get caught in the world of, you know, Wes Copeland and all those people.

Billy: Um, but-but what I plan on doing is it's also being recorded out the back. The direct feed is hooked up. And what I plan on doing, and this is top secret. I plan on doing it, I'm gonna take the tape and I'm gonna have it sent to Jace Hall. When I say, "have it sent," I'm gonna have it sent to New Hampshire which is where I think it last was. I'm gonna FedEx it to New Hampshire and somebody in New Hampshire is gonna FedEx it to Jace. Just like the Dwayne’s tapes suddenly showed up at Jace's doorstep, this tape will suddenly show up and, um, and the news will be, "We found the 1,062,000 tape." And it's nothing except the silent tape. There's not my voice, my face, nothing. Just like the others.

Billy: And I want them, I want Jace to look at it, put it online, I think he will, and many people, maybe Jace too, are gonna pick it apart, how rotten it is, how evil it is, how MAME it is, how corrupt it is, this and that. "Oh, my God. A third tape to prove Billy Mitchell SOB and all that." Okay? I hope Jace says it because it'll destroy his credibility. Then once it's out there, I will send the exact same one from the wide webcam and I'll put it on the internet. And everybody that was an idiot is gonna absolutely be caught on the carpet. I mean, absolutely shamed. I mean, so many people are gonna be mad at me. Oh well, the truth will come out.

Billy: I think- I think this might eliminate things with me and Jace permanently, which I don't care. He needs me more than I need him, really. And, um, and so, I-I'm sure I could hit 1,062,800 on the head. And when I- when I hit it on the head, that's gonna be, um, super cool and I'm just gonna, um-- See, when I got 1,062,000, I could've went higher. I stopped it there because it was 1,000 points higher than what Hank had. And then-- And just like a short bit later, like nothing, man. I- The ink wasn't even dry in the book, Steve Wiebe got 1,064,000 but it wasn't all that significant anyway. But my point is, I'm gonna do that. Um, the game with the webcam will say, um, you know, I got it down. I'd say, um, "We're here at Arcade [unintelligible] at ft Lauderdale Florida. It is Monday, um, April 2nd, 2018. I'm here- I'm here to play 117 boards of Donkey Kong. A kill screen on demand here now. Watch the screen," a feat I first achieved in July 1982 with history's first ever Donkey Kong kill screen. My question for you youngsters who have joined the Donkey Kong community July 1982, were you even alive.

Billy: Just my way of stickin it to them - and I'll say, "This is a special game, a very targeted game. This game is meant to sting and it will more than one way." And that's what I'm gonna say. But it's at that point that I turn on the VCR and I hit "Play". The VCR, the tape, that Jace initially has has none of that. It has the play from the start to the end, nothing. Nothing colorful, nothing. And I-I think-- I'm sure that people are just gonna find a way, "Oh, look at this. Oh, look at that." And-and then at the exact same gameplay, out with the webcam, I mean it's just gonna be [unintelligible] I mean-- I, uh, Jace-- And I hope Jace bans me for being a son of a bitch. I don't know. But anyway, um, that's what I plan on doing.

David: I would just say, you do know that there are clips of your 1,062,800 out there, right?

Billy: Right, but what will happen is, people will pick it apart first.

David: Like what--

Billy: They have all kinds of stuff to say. And then, I'll put out the webcam. I'm not gonna tell Jace. Supposedly, it's gonna show up on Jace's doorstep from an anonymous source.

Billy: And so, I'll- I'll actually declare that eventually, I'll say, "Yeah, uh, you know, uh--" I'll- I'll say, "Yeah, I did send it. I sent it before I put this one online." I mean, I'll tell him. I'll even tell people I did exactly that because I knew you people would get up there and make all kinds of accusations that ain't true. The clips that are out there are like clips off the TV. Eventually, somebody will get up there and match up the TV clips and those scores with the others, and say that it's not correct. Okay?

David: Well, the vast majority of it would be the gameplay that no one has ever seen before. That's the thing. The first couple hours or whatever.

Billy: Right. Yeah. Now-now, I was told that Jace says there's not enough of the 1,062,000 to make any judgement. So, I don't think people will say or have said or in the past, "Oh, the 1,062,000 is all corrupt, but those certainly said about this tape simply because they have enough tape. Um, you know, I don't know, you can give me some advice on that. I send it to Jace, Jace gets it, he has it, and then somebody- should somebody, I mean, somebody anonymous, who's not traceable, say I found the tape, I sent it to Jace, but here it is to put online, you know what I mean, [unintelligible].

David: Honestly, honestly, if you were to do something like that, whoever's gonna be sending it, I want to have, I want to, first of all, I want to produce any comments that, where they can say that you lied about-- somebody lied about something. If it's going to be anonymous-

Billy: [unintelligible] put it out there then.

David: - then it'll just be, I mean, you can send it with a PO box address or something that, you know, someone can't find or whatever, cause any-- technically any parcel that's sent, uh, has to have a return address on it. But you don't have to say anything about it. It just has to say Billy Mitchell.

Billy: No, you're right. You're right. You could say, uh, direct feed copy, direct feed copy of a 1,062,800, nothing else, nothing.

David: Yeah. You don't have to put a date or anything, it's just like, [unintelligible].

Billy: But then, but then, Right, but then when the web cam comes out, then I'm there, I'm talking. I'm saying, I'm announcing the tape, everything. And you put two and two together.

 

[nohm]

Current status of all the lawsuits
- Billy Mitchell vs Benjamin Q Smith aka Apollo Legend: Settled out of court. Apollo took down several videos about Billy and Todd Rogers (another infamous cheater). Before they settled, Apollo was intent on fighting and even created a "Stop Billy Mitchell" GoFundMe to fund his own defamation suit against Billy. After consulting with Twin Galaxies' attorney, he learned this was not likely to succeed and cancelled the campaign. The $28,349 he raised back in May has apparently not been refunded to the donors. Apollo has not made any comments about what happened to the money in over 4 months.

- Billy Mitchell vs Jeff Harrist & Jeremy Young & donkeykongforum.com: Nothing has been filed since the original Pro Se complaint in February.

- Billy Mitchell vs Karl Jobst (Potential Lawsuit): This Australian YouTuber was sent a letter in August 2020 by council Billy retained in their country. To settle prior to a lawsuit, Billy requested the deletion of their video, an apology, and $150,000.

- Billy Mitchell vs Twin Galaxies: ongoing.

Twin Galaxies filed their Anti-SLAPP motion on March 30th and a hearing was scheduled for July 6th. According to the owner of Twin Galaxies, the judge's researcher wanted more time to study all the evidence and postponed it until October 15th. In the intervening months, the parties have been busy:

10/15/2020 Minute Order ( (Hearing - Other Motion for Undertaking; Hearing on Special Mo...))
Filed by Clerk

10/15/2020 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (as to Tammie Moore, #11525)

10/13/2020 Opposition (TWIN GALAXIES, LLC?S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE NEW EVIDENCE IN SUPPORT OF REPLY RE MOTION FOR UNDERTAKING)
Filed by Twin Galaxies, LLC (Defendant)

10/13/2020 Objection (TO DEFENDANT?S NEW EVIDENCE IN SUPPORT OF REPLY RE MOTION FOR UNDERTAKING)
Filed by William James Mitchell (Plaintiff)

10/07/2020 Declaration (of David Tashroudian)
Filed by Twin Galaxies, LLC (Defendant)

10/07/2020 Declaration (of Carlos Pineiro)
Filed by Twin Galaxies, LLC (Defendant)

10/07/2020 Declaration (of David W. Race)
Filed by Twin Galaxies, LLC (Defendant)

10/07/2020 Reply (ISO Undertaking Motion)
Filed by Twin Galaxies, LLC (Defendant)

10/07/2020 Objection (TO SUR-REPLY on anti- SLAPP MOTION; DECLARATION OF JAMES E. GIBBONS)
Filed by William James Mitchell (Plaintiff)

10/05/2020 Opposition (TWIN GALAXIES, LLC?S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE OBJECTIONS TO PLAINTIFF?S SUR- REPLY EVIDENCE; DECLARATION OF DAVID A. TASHROUDIAN IN SUPPORT)
Filed by Twin Galaxies, LLC (Defendant)

10/01/2020 Supplemental Declaration (OF BILLY MITCHELL IN SUPPORT OF SUR-REPLY IN OPPOSITION TO DEFENDANT?S anti-SLAPP MOTION)
Filed by William James Mitchell (Plaintiff)

10/01/2020 Declaration (OF BILLY MITCHELL IN OPPOSITION TO DEFENDANT?S MOTION FOR UNDERTAKING)
Filed by William James Mitchell (Plaintiff)

10/01/2020 Declaration (OF WILLIAM MITCHELL IV IN SUPPORT OF OPPOSITION TO DEFENDANT?S MOTION FOR UNDERTAKING)
Filed by William James Mitchell (Plaintiff)

10/01/2020 Declaration (OF WILLIAM ?BILLY? MITCHELL IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S ANTI-SLAPP MOTION)
Filed by William James Mitchell (Plaintiff)

10/01/2020 Opposition (PLAINTIFF'S OPPOSITION TO MOTION FOR UNDERTAKING; DECLARATIONS OF BILLY MITCHELL AND WILLIAM MITCHELL IV)
Filed by William James Mitchell (Plaintiff)

09/28/2020 Objection (to Evidence ISO Sur-Reply)
Filed by Twin Galaxies, LLC (Defendant)

09/25/2020 Supplemental Declaration (of Billy Mitchell in support of sur-reply in opposition to defendant's anti-slapp motion)
Filed by William James Mitchell (Plaintiff)

09/25/2020 Reply (Plaintiff's sur-reply in opposition to defendant's anti-slapp motion; supplemental declaration of billy mitchell)
Filed by William James Mitchell (Plaintiff)

09/22/2020 Declaration (of David W. Race)
Filed by Twin Galaxies, LLC (Defendant)

09/22/2020 Declaration (of Jason Hall)
Filed by Twin Galaxies, LLC (Defendant)

09/22/2020 Declaration (of David Tashroudian)
Filed by William James Mitchell (Plaintiff)

09/22/2020 Motion re: (for Undertaking [CCP 1030])
Filed by Twin Galaxies, LLC (Defendant)

09/09/2020 Notice (of errata re hearing date on motion for leave from CCP 425.16)
Filed by William James Mitchell (Plaintiff)

09/08/2020 Declaration (OF WALTER DAY)
Filed by William James Mitchell (Plaintiff)

09/08/2020 Declaration (OF JAMES E. GIBBONS, ESQ. IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE)
Filed by William James Mitchell (Plaintiff)

09/08/2020 Motion for Leave ([ WILLIAM JAMES MITCHELL] FROM CCP ¿ 425.16 DISCOVERY STAY TO CONDUCT LIMITED DISCOVERY TO PRESERVE TESTIMONY (DEPOSITION OF WALTER DAY); MEMORANDUM OF POINTS AND)
Filed by William James Mitchell (Plaintiff)

09/04/2020 Minute Order ( (Ex Parte Application for ORDER SHORTENING TIME ON MOTION FOR ...))
Filed by Clerk

09/04/2020 Ex Parte Application (re SHORTENING TIME ON MTN FOR LEAVE)
Filed by William James Mitchell (Plaintiff)

09/03/2020 Opposition (to Plaintiff's Ex Parte Application)
Filed by Twin Galaxies, LLC (Defendant)

07/30/2020 Minute Order ( (Ex-Parte Proceedings TO STRIKE NEW EVIDENCE IN REPLY))
Filed by Clerk

07/30/2020 Ex Parte Application (TO STRIKE NEW EVIDENCE IN REPLY)
Filed by William James Mitchell (Plaintiff)

07/27/2020 Minute Order ( (Ex-Parte Proceedings TO STRIKE NEW EVIDENCE))
Filed by Clerk

07/27/2020 Ex Parte Application (TO STRIKE NEW EVIDENCE IN DEFENDANT?S REPLY BRIEF RE ANTI-SLAPP MOTION)
Filed by William James Mitchell (Plaintiff)

07/24/2020 Opposition (to Ex Parte Application to Strike New Evidence)
Filed by Twin Galaxies, LLC (Defendant)

07/06/2020 Minute Order ( (Hearing on Special Motion to Strike under CCP Section 425.16 ...))
Filed by Clerk

06/30/2020 Notice of Posting of Jury Fees
Filed by William James Mitchell (Plaintiff)

06/29/2020 Motion to Strike (not initial pleading)
Filed by William James Mitchell (Plaintiff)

06/29/2020 Case Management Statement
Filed by Twin Galaxies, LLC (Defendant)

06/29/2020 Opposition (to Motion to Strike Reply Evidence)
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Declaration (REPLY DECLARATION OF JASON HALL ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Declaration (DECLARATION OF ROBERT MRUCZEK ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Declaration (DECLARATION OF CARLOS PINEIRO ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Declaration (DECLARATION OF CHRIS GLEED ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Objection (OBJECTIONS TO EVIDENCE IN SUPPORT OF SPECIAL MOTION TO STRIKE & [PROPOSED] ORDER)
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Declaration (DECLARATION OF DWAYNE RICHARD ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Declaration (DECLARATION OF STEVEN KLEISATH ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/26/2020 Reply (REPLY ISO SPECIAL MOTION TO STRIKE OF DEFENDANT TWIN GALAXIES, LLC [CCP ¿ 425.16])
Filed by Twin Galaxies, LLC (Defendant)

06/23/2020 Case Management Statement
Filed by William James Mitchell (Plaintiff)

06/22/2020 Opposition (PLAINTIFF'S OPPOSITION TO DEFENDANT'S ANTI-SLAPP MOTION; DECLARATIONS OF BILLY MITCHELL AND WALTER DAY)
Filed by William James Mitchell (Plaintiff)

06/22/2020 Declaration (DECLARATION OF WILLIAM ?BILLY? MITCHELL IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S ANTI-SLAPP MOTION)
Filed by William James Mitchell (Plaintiff)

06/22/2020 Objection (PLAINTIFF WILLIAM JAMES MITCHELL'S OBJECTION TO DEFENDANT'S EVIDENCE IN SUPPORT OF SPECIAL MOTION TO STRIKE)
Filed by William James Mitchell (Plaintiff)

06/04/2020 Certificate of Mailing for ((Court Order re: Continuance) of 06/04/2020)
Filed by Clerk

06/04/2020 Minute Order ( (Court Order re: Continuance))
Filed by Clerk

05/05/2020 Notice (OF STATUS CONFERENCE)
Filed by William James Mitchell (Plaintiff)

04/27/2020 Notice Re: Continuance of Hearing and Order
Filed by Clerk

04/20/2020 Answer
Filed by Twin Galaxies, LLC (Defendant)

03/30/2020 Declaration (of Jason Hall)
Filed by Twin Galaxies, LLC (Defendant)

03/30/2020 Request for Judicial Notice
Filed by Twin Galaxies, LLC (Defendant)

03/30/2020 Declaration (of David A. Tashroudian)
Filed by Twin Galaxies, LLC (Defendant)

03/30/2020 Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion)
Filed by Twin Galaxies, LLC (Defendant)

03/18/2020 Notice Re: Continuance of Hearing and Order
Filed by Clerk

03/12/2020 1st Amended Complaint
Filed by William James Mitchell (Plaintiff); William James Mitchell (Plaintiff)

02/06/2020 Minute Order ( (Case Management Conference))
Filed by Clerk

02/05/2020 Case Management Statement
Filed by William James Mitchell (Plaintiff)

02/05/2020 Substitution of Attorney
Filed by William James Mitchell (Plaintiff)

02/05/2020 Proof of Personal Service
Filed by William James Mitchell (Plaintiff)

12/04/2019 Notice Re: Continuance of Hearing and Order
Filed by Clerk

10/11/2019 Minute Order ( (CASE MANAGEMENT CONFERENCE)
Filed by Clerk

08/15/2019 Minute Order ( (Case Management Conference Matter is called for hearing.))
Filed by Clerk

05/14/2019 Notice of Case Management Conference
Filed by Clerk

04/11/2019 Notice of Case Assignment - Unlimited Civil Case
Filed by Clerk

04/11/2019 Summons (on Complaint)
Filed by Clerk

04/11/2019 Civil Case Cover Sheet
Filed by William James Mitchell (Plaintiff)

04/11/2019 Complaint
Filed by William James Mitchell (Plaintiff)

The hearing on the anti-slapp on October 15th has apparently been continued to December 4th. There is another hearing before then on November 11th on Billy Mitchell's motion to leave to conduct limited discovery. He wants to depose the former owner of Twin Galaxies, Walter Day. Twin Galaxies has asked the court for Billy to pre-pay $81,250 in costs for the depositions of 18 people in their motion for undertaking.



One obstacle for Twin Galaxies in their anti-slapp motion is that the court is supposed to take Billy's evidence as true. In these pages, they pointed out a few fabrications he has made to distance himself from the tech guys he recruited to disprove the allegations, who have since learned that they were being lied to. (David Race, Carlos Pineiro) If you took Billy at his word, he never submitted any tapes to Twin Galaxies. So how did one of his taped record setting scores end up atop the Twin Galaxies leaderboard? According to Billy, the tape seen in the King of Kong documentary was submitted against his wishes by one of their referees.

 

[Terrifik]

One obstacle for Twin Galaxies in their anti-slapp motion is that the court is supposed to take Billy's evidence as true. In these pages, they pointed out a few fabrications he has made to distance himself from the tech guys he recruited to disprove the allegations, who have since learned that they were being lied to. (David Race, Carlos Pineiro) If you took Billy at his word, he never submitted any tapes to Twin Galaxies. So how did one of his taped record setting scores end up atop the Twin Galaxies leaderboard? According to Billy, the tape seen in the King of Kong documentary was submitted against his wishes by one of their referees.

Yah congrats on everyone except twin for cucking & saying video games matters until you get lawsuit against you.
I am leaving this post if this is how the judge agrees with Billy on fake evidence.

 

[Kendrick]

Yah congrats on everyone except twin for cucking & saying video games matters until you get lawsuit against you.
I am leaving this post if this is how the judge agrees with Billy on fake evidence.
View attachment 1687655

I wonder if Twin will go forward with discovery and perjury charges if they can demonstrate that Billy lied and fabricated evidence, and then do a motion to dismiss claiming attorney's fees and damages from the perjury that prevented the anti-slapp to go through like it should.

 

[nohm]

Twin Galaxies' motion for undertaking has been granted. Billy Mitchell must post a bond in the amount of $81,225 within 30 days. This is not a ruling on the anti-slapp. These are costs Twin Galaxies will incur in deposing 18 people.

 

[AnOminous]

Twin Galaxies' motion for undertaking has been granted. Billy Mitchell must post a bond in the amount of $81,225 within 30 days. This is not a ruling on the anti-slapp. These are costs Twin Galaxies will incur in deposing 18 people.

It's time for Billy to put up or shut up. If he thinks he has a case now, after his utter bullshit attempt to fabricate evidence was exposed, he's still not going to get to harass 18 people with ridiculous depositions. He should probably limit his depositions to people who actually matter to the case. And he'd best be confident he'll actually win the case and recover that. His case looked at least not patently frivolous at the outset, but strategically I think he really damaged his own credibility and to the extent proving his case relies on the fact-finder believing his version of events, he's going to have a tough row to hoe.

 

[nohm]

It's time for Billy to put up or shut up. If he thinks he has a case now, after his utter bullshit attempt to fabricate evidence was exposed, he's still not going to get to harass 18 people with ridiculous depositions. He should probably limit his depositions to people who actually matter to the case. And he'd best be confident he'll actually win the case and recover that. His case looked at least not patently frivolous at the outset, but strategically I think he really damaged his own credibility and to the extent proving his case relies on the fact-finder believing his version of events, he's going to have a tough row to hoe.

I haven't seen the full document, only the portion that people have posted, but I believe these are depositions that Twin Galaxies wants.

They want to depose Billy Mitchell, Walter Day (the former owner of Twin Galaxies), Guinness World Records (they recently restored Billy's scores and their reversal was cited in a second demand for retraction to Twin Galaxies), Todd Rogers (a former Twin Galaxies referee and notorious cheater who verified Billy's top score), Dwayne Richard, (a former Twin Galaxies referee whom Billy claims edited tapes of his game play), David Race and Carlos Pineiro (Two of Billy's tech guys that were working to exonerate him that have switched sides), Robbie Lakeman (the current world record holder for Donkey Kong. He is on team Billy as an expert witness), Robert Mrucezek (a former Twin Galaxies referee who displayed one of Billy's tapes in a 2006 MTV interview, before Dwayne Richard could have edited them). There's a bunch of others that I'm not familiar with.

 

[AnOminous]

I haven't seen the full document, only the portion that people have posted, but I believe these are depositions that Twin Galaxies wants.

Looks like I misread the depositions, but the fact is that Mitchell either ponies up the money or his case goes away. The motion is available on some paysites like Docket Alarm but I'm not going to pay for it. I don't see it in the thread itself.

Also, granting a motion under this procedural rule is unappealable. So Mitchell has to cough it up or fuck off.

1030. (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, attorney s fees means reasonable attorney s fees a party may be authorized to recover by a statute apart from this section or by contract.

(b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit shall set forth the nature and amount of the costs and attorney's fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding.

(c) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court's order as security for costs and attorney's fees.

(d) The plaintiff shall file the undertaking not later than 30 days after service of the court's order requiring it or within a greater time allowed by the court. If the plaintiff fails to file the undertaking within the time allowed, the plaintiff's action or special proceeding shall be dismissed as to the defendant in whose favor the order requiring the undertaking was made.

(e) If the defendant's motion for an order requiring an undertaking is filed not later than 30 days after service of summons on the defendant, further proceedings may be stayed in the discretion of the court upon application to the court by the defendant by noticed motion for the stay until 10 days after the motion for the undertaking is denied or, if granted, until 10 days after the required undertaking has been filed and the defendant has been served with a copy of the undertaking. The hearing on the application for the stay shall be held not later than 60 days after service of the summons. If the defendant files a motion for an order requiring an undertaking, which is granted but the defendant objects to the undertaking, the court may in its discretion stay the proceedings not longer than 10 days after a sufficient undertaking has been filed and the defendant has been served with a copy of the undertaking.

(f) The determinations of the court under this section have no effect on the determination of any issues on the merits of the action or special proceeding and may not be given in evidence nor referred to in the trial of the action or proceeding.

(g) An order granting or denying a motion for an undertaking under this section is not appealable.

(Amended by Stats. 1988, Ch. 189, Sec. 1.)

CA Civ Pro Code § 1030 (2016).

So the court has found there is a "reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding." The second barrel of this is the pending SLAPP motion. The court will probably delay the decision on the SLAPP motion until the bond has been placed. Once it has been, if Billy does do it, if the court awards fees under the SLAPP motion, the money is already there to pay it.

The court is basically asking him "do you feel lucky, punk?"

Now if he wins he gets that money back. It's still a lot of money to be out while the case is pending.