2020-12-07 - Scott v. Moon Mk VI(?)

[Sexy Senior Citizen]

Maybe I'm just a noob at this legal stuff, but shouldn't she be suing Lolcow LLC instead of Josh?
Either way, talk about kicking a man while he's down.

 

[Sheriff of CWCville]

this is gonna be crazy, hope you wreck her Josh

 

[Jewelsmakerguy]

Maybe I'm just a noob at this legal stuff, but shouldn't she be suing Lolcow LLC instead of Josh?
Either way, talk about kicking a man while he's down.

You could be asking that for litewrally everyone who's tried to sue the site- they always go after Null, be it fools and morons like Scott or Vordrak, or a big name company like Capcom.

I assume, and I could be wrong about this, they sue him directly as Lolcow, and by extention the Farms, are in his name.

 

[Snusmumriken]

Maybe in the spirit of Christmas she’ll realize she was really being a scrooge all along and you and her can sit down and share a nice Christmas ham together.

Or she’s a crazy old fruitcake and she needs to get fucked in the ass by the long dick of the law

 

[hawaianlapulapu]

how many this site has been sued?

 

[Juan But Not Forgotten]

Hm, so anime didn't lie about "you don't give up and you will eventually succeed".

 

[The Littlest Shitlord]

I'm assuming that the reason that Null didn't bother with an actual defense was because the suit contained obvious defects and never should have gone through in the first place, so even if the judge shits himself and accepts it in a fit of brain damage, it's cheaper to only bother with an actual lawyer to get it tossed on appeal than to defend every single garbage suit this nut shits out. I hear that judges don't like it when their rulings get overturned; I think it's bad for their prospects for promotion to a higher court. Hopefully this will teach this judge to be more skeptical of lawsuits from blatant nuts.

 

[Scarlett Johansson]

It just boggles the mind. Null tried to help her and she just....went nuts (?) if she wasn't already before. Brainwashing by her men?

 

[deepFriedBaka]

how many this site has been sued?

Five times by Melinda. All five were losses. This is the sixth.

 

[Shaka Brah]

I'm assuming that the reason that Null didn't bother with an actual defense was because the suit contained obvious defects and never should have gone through in the first place, so even if the judge shits himself and accepts it in a fit of brain damage, it's cheaper to only bother with an actual lawyer to get it tossed on appeal than to defend every single garbage suit this nut shits out. I hear that judges don't like it when their rulings get overturned; I think it's bad for their prospects for promotion to a higher court. Hopefully this will teach this judge to be more skeptical of lawsuits from blatant nuts.

Usually you're not allowed to get anywhere with service that bad. The clerks for this case weren't doing their jobs if they let that slip through the cracks.

 

[Bloitzhole]

Usually you're not allowed to get anywhere with service that bad. The clerks for this case weren't doing their jobs if they let that slip through the cracks.

While my confidence in the American justice system has never been high, that service being considered valid by the court brought it to an all time low.
That someone is now forced to retain council and thus lose a lot of cash he will have a hard time recuperating, goes to show how weak the justice system is when it comes to protecting the individual citizen from vexatious litigants - many other countries have a statute in place that will allow the defendant to recuperate costs from the accuser rather easily, if the accusation is found to be wrong (the implication being that if you accuse someone, you should be confident enough in your evidence that the financial risk is irrelevant).
My current occupation has been hit somewhat hard by covid-related measures. Should my finances stabilize slightly over January as expected, I'll throw some cash Null's way.

 

[HarblMcDavid]

You could be asking that for litewrally everyone who's tried to sue the site- they always go after Null, be it fools and morons like Scott or Vordrak, or a big name company like Capcom.

I assume, and I could be wrong about this, they sue him directly as Lolcow, and by extention the Farms, are in his name.

Assuming I'm reading your post correctly, and I may not be, I'm 99% sure this is wrong. The point of an LLC (Limited Liability Corporation) is for it to exist as a distinct entity to abstract liability for actions of the corporation from the entities which work for it. For example your business LLC goes under and declares bankruptcy, only corporate assets are subject to liquidation, not those of the members of the corporation.

I'm pretty sure the way it is set up is that Josh has a few LLCs which he has control over, one of which is Lolcow LLC, and Kiwifarms is owned by Lolcow LLC. Therefore, the intended target for a lawsuit alleging that the Kiwifarms has harmed you should be Lolcow LLC as for all meaningful extents and purposes the paper person known as Lolcow LLC owns Kiwifarms, not Josh.

What I seem to recall Melinda has done (as of the 4th lawsuit) is sue Josh both for statements that he has made as himself on the site, as well as for things that one might in theory sue the Kiwifarms and thus Lolcow LLC over. Assuming any of it was a cause of action, which as of the 4th lawsuit, none of it was.

So typically Josh is the wrong target for almost any suit involving Kiwifarms, unless that suit is alleging that Josh personally committed a tort against someone and it it just so happened that tort occurred on the Kiwifarms. In Melinda's case, Josh has made posts on Kiwifarms about Melinda and assuming any of them were actionably defamatory they could in theory serve as the basis for a suit against him, but only for those posts, not for other alleged torts "caused" by the userbase of Kiwifarms.

An explanation for the wrong target lawsuits that assumes rational thought by any of the "plaintiffs" is that they don't sue Lolcow LLC because it is perpetually broke and only owns the Kiwifarms, not the hardware it runs on, not any of Josh's sweet shirt money or cryptobux, not his broke-ass laptop, none of it. Just the website. So if they sue Lolcow LLC, assuming they win, they win a website which they will be completely unable to monetize. It'd be like suing Uncle Ted and winning an armed mailbomb as damages. Also a potential reason not to sue Lolcow is if they think they can't overcome section 230, as Lolcow owns the platform Kiwifarms and that platform is protected by 230. Again, this analysis assumes rational thought processes not in evidence for the "plaintiffs".

Alternatively they "plaintiffs" are all mentally handicapped and cannot understand who they should be suing. In Melinda's case I suspect this is actually the truth, same with Greer given his complete inability to file anything competently.

The truth might be somewhere in between, but if it is, I'm pretty sure at very minimum it trends heavily towards the would be plaintiffs just being mentally deficient.

 

[Kosher Salt]

Florida actually does allow you to serve someone by leaving a copy of a summons with a person in charge of the mailbox:

"If only the address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location."

That is substitute service, which can only be made after motioning for substituted service and receiving the court's approval, which didn't happen, and substitute service typically wouldn't be granted anyway unless the party can show that attempts at ordinary service were made without success.

Also, this lawsuit was happening in a Federal district court in Virginia, so it would follow the Federal Rules of Civil Procedure (as it cites to in the entry of default), not Florida's.

 

[Jewelsmakerguy]

Assuming I'm reading your post correctly, and I may not be, I'm 99% sure this is wrong. The point of an LLC (Limited Liability Corporation) is for it to exist as a distinct entity to abstract liability for actions of the corporation from the entities which work for it. For example your business LLC goes under and declares bankruptcy, only corporate assets are subject to liquidation, not those of the members of the corporation.

I'm pretty sure the way it is set up is that Josh has a few LLCs which he has control over, one of which is Lolcow LLC, and Kiwifarms is owned by Lolcow LLC. Therefore, the intended target for a lawsuit alleging that the Kiwifarms has harmed you should be Lolcow LLC as for all meaningful extents and purposes the paper person known as Lolcow LLC owns Kiwifarms, not Josh.

What I seem to recall Melinda has done (as of the 4th lawsuit) is sue Josh both for statements that he has made as himself on the site, as well as for things that one might in theory sue the Kiwifarms and thus Lolcow LLC over. Assuming any of it was a cause of action, which as of the 4th lawsuit, none of it was.

So typically Josh is the wrong target for almost any suit involving Kiwifarms, unless that suit is alleging that Josh personally committed a tort against someone and it it just so happened that tort occurred on the Kiwifarms. In Melinda's case, Josh has made posts on Kiwifarms about Melinda and assuming any of them were actionably defamatory they could in theory serve as the basis for a suit against him, but only for those posts, not for other alleged torts "caused" by the userbase of Kiwifarms.

An explanation for the wrong target lawsuits that assumes rational thought by any of the "plaintiffs" is that they don't sue Lolcow LLC because it is perpetually broke and only owns the Kiwifarms, not the hardware it runs on, not any of Josh's sweet shirt money or cryptobux, not his broke-ass laptop, none of it. Just the website. So if they sue Lolcow LLC, assuming they win, they win a website which they will be completely unable to monetize. It'd be like suing Uncle Ted and winning an armed mailbomb as damages. Also a potential reason not to sue Lolcow is if they think they can't overcome section 230, as Lolcow owns the platform Kiwifarms and that platform is protected by 230. Again, this analysis assumes rational thought processes not in evidence for the "plaintiffs".

Alternatively they "plaintiffs" are all mentally handicapped and cannot understand who they should be suing. In Melinda's case I suspect this is actually the truth, same with Greer given his complete inability to file anything competently.

The truth might be somewhere in between, but if it is, I'm pretty sure at very minimum it trends heavily towards the would be plaintiffs just being mentally deficient.

Like I said, I'm pretty sure I'm wrong about that assumtion and it might just be they have a bone to pick with Null on a personal level or not even realize that Lolcow LLC exists because they're stupid dumbasses.

 

[AnOminous]

While my confidence in the American justice system has never been high, that service being considered valid by the court brought it to an all time low.
That someone is now forced to retain council and thus lose a lot of cash he will have a hard time recuperating, goes to show how weak the justice system is when it comes to protecting the individual citizen from vexatious litigants - many other countries have a statute in place that will allow the defendant to recuperate costs from the accuser rather easily, if the accusation is found to be wrong (the implication being that if you accuse someone, you should be confident enough in your evidence that the financial risk is irrelevant).
My current occupation has been hit somewhat hard by covid-related measures. Should my finances stabilize slightly over January as expected, I'll throw some cash Null's way.

The fact that nearly identical lolsuits have been thrown out five times without even a response should be indicative that the lawsuit violates Rule 11 and is sanctionably frivolous and should be responded to first with a Rule 11 letter stating an intention to seek sanctions. I imagine counsel retained by nool is already drafting such a thing. And about the same time a motion to set aside the default and dismiss the case for clearly failing to state a claim under Rule 12(b)(6), as well as the indigent plaintiff statute and any other relevant reasoning from the previous cases, as well as the fact these previous cases were already decided, so to the extent this is just more of this sped vomiting up the same lunacy, they're what is called res judicata. Followed up by a motion to collect fees under Rule 11. If it's worth it considering she's a loony bum who can't even afford to raise her tard children.

Or it might be cheaper just to challenge the service but that's without prejudice and just invites the nut to refile.

 

[Spectre_06]

No, just that the site is immune. Or that he wasn't served, the court didn't have personal jurisdiction, or any number of other possible defenses.

The court never had jurisdiction to begin with. The mailing address is in Florida, not Bumfuck Appalachia. You can't prove residence/citizenship, nor can you prove financial ties that avail him of the state's protections and thus jurisdiction (as Digital Homicide found out when they sued Jim Sterling: the CEO of the company bought a shirt of his and then claimed that because he had done so then the court maintained jurisdiction as a matter of law, which the judge took one look at and told him that's not how any of it works).

EDIT: All of this can be ignored because I glossed over it's in federal court and not state court. @AnOminous is hereby ordered forthwith to shame me.

So ordered.

 

[Karl der Grosse]

It just boggles the mind. Null tried to help her and she just....went nuts (?) if she wasn't already before. Brainwashing by her men?

She was getting restraining orders and protective orders against the many people who piss her off long before this website knew of her existence. I saw the number 24 floated around, that's how many times she's petitioned the court for PO/ROs against family, former friends, and neighbors. Melinda has spent over a decade trying to weaponize the courts against her many, many enemies. These lawsuits weren't the idea of her men. In fact, her latest man, Marshall, used to ridicule her for her lawsuit obsession.

 

[Gustav Schuchardt]

Right here.

She's in much better shape than I expected her to be in.

 

[deepFriedBaka]

Don't mind me, just dropping the record off of a new lawsuit through the magic of inspect element.

 

[Useful_Mistake]

Newest fillings by Null's lawyer can be found here

If you read the affidavit at https://www.courtlistener.com/recap/gov.uscourts.vawd.119463/gov.uscourts.vawd.119463.5.0.pdf

The Server, Allen L. Upson, "personally served" Null by giving the summons to an employee at Kwik Pack and Ship at 913 Beal Parkway.

This is not how you personally serve a defendant. You can only personally serve a defendant by actually personally serving them. Otherwise you have to use substituted service, which can involve leaving the summons at the person's residence with a competent individual who was there, or in other jurisdictions, by mail. You have to give the summons to a person at their residence, not at their workplace and certainly not with some employee at the fucking Kwik Pack and Ship.

Mr. Upson also gave the address of the Courthouse in Pensacola Florida as his address instead of his Gulf Breeze, FL address so he fucked that up too. Process servers are supposed to use a contact address so they can be subpoenaed to determine if he served the summons properly.

tl;dr: No, the servicing was not legit.

Edit: Disregard this, I may suck cocks.

Florida actually does allow you to serve someone by leaving a copy of a summons with a person in charge of the mailbox:

"If only the address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location."

48.031 Service of process generally; service of witness subpoenas

Was the servicing even legit?

Service was not legit.

So it's gonna be thrown out again?

Null's trying to get the default overrulled, and the lawsuit to be dismissed. But, yeah, probably.