Preston Poulter et al v. Ali "Dean" Assaf et al (2021)

[I'm not a Robot]

Spoiler: Plaintiffs’ Response to Kundert’s Motion to Dismiss

Preston has responded to Vikki's motion to dismiss. He argues that she waived jurisdiction by failing to include any Rule 12(b)(2) objection in her first defensive move, which was her motion to vacate. She mentioned it in her reply brief, which he says she cannot do, and that she didn't actually seek dismissal under Rule 12(b)(2), only that he would face the same Rule 12(b)(2) hurdle presented by Ethan.

He also argues that the alleged defamation by her in the complaint must be taken as true, because she did not address any of those statements in her motion to dismiss. As you may or may not recall, her motion to dismiss was a scant 4 sentences directing the judge to read what Ethan wrote. His alleged defamation was that one specific YouTube video, whereas hers was more than that.

Regarding service, she has affidavits, photos, and exhibits that she was in North Carolina on the day she was served in California and the implication is that she couldn't have been, but she didn't explicitly say that she wasn't served and that's his argument. And that he tried really hard to find her despite not really knowing much about her, and he did quite well for someone living in a homeless shelter. In any event, since they're doing Dean, he says the court should take her as well because he's just going to refile if they don't.

 

[Elwood P. Dowd]

Did something new recently happen, or is Peggy just starved for attention?


Twitter / https://archive.ph/Lpnsq

 

[Thomas Talus]

Spoiler: Plaintiffs’ Response to Kundert’s Motion to Dismiss

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Preston has responded to Vikki's motion to dismiss. He argues that she waived jurisdiction by failing to include any Rule 12(b)(2) objection in her first defensive move, which was her motion to vacate. She mentioned it in her reply brief, which he says she cannot do, and that she didn't actually seek dismissal under Rule 12(b)(2), only that he would face the same Rule 12(b)(2) hurdle presented by Ethan.

He also argues that the alleged defamation by her in the complaint must be taken as true, because she did not address any of those statements in her motion to dismiss. As you may or may not recall, her motion to dismiss was a scant 4 sentences directing the judge to read what Ethan wrote. His alleged defamation was that one specific YouTube video, whereas hers was more than that.

Regarding service, she has affidavits, photos, and exhibits that she was in North Carolina on the day she was served in California and the implication is that she couldn't have been, but she didn't explicitly say that she wasn't served and that's his argument. And that he tried really hard to find her despite not really knowing much about her, and he did quite well for someone living in a homeless shelter. In any event, since they're doing Dean, he says the court should take her as well because he's just going to refile if they don't.

Even when it isn't a default you're trying to set aside, you are supposed to raise objections to jurisdiction at the outset, usually by making a limited appearance for the purposes of objecting to jdx.

 

[I'm not a Robot]

Spoiler: Vikki's Reply Brief

 

[AnOminous]

Did something new recently happen, or is Peggy just starved for attention?

It's directly related to what this cucked pervert is suing over.

Even when it isn't a default you're trying to set aside, you are supposed to raise objections to jurisdiction at the outset, usually by making a limited appearance for the purposes of objecting to jdx.

The limited appearance has been abolished by the promulgation of the FRCP. 5B Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1344 (3d ed. 2004). Specifically FRCP 12(b). You are, however, supposed to raise objections to jurisdiction at the outset.

The question is whether she effectively waived the defense, but you're no longer required to raise it in a special limited appearance.

 

[Faceless Whore]

Didn't Dean's discovery vs. Preston happen a few days ago?

 

[5t3n0g0ph3r]

Didn't Dean's discovery vs. Preston happen a few days ago?

If it did, I expect filings soon to progress the case forward.

 

[Faceless Whore]

Discovery
Preston: 9 months
Dean: 18 months
Court: April 7, 2023 (1 year)

Here's the mention.

 

[Fleetwood]

Any action happen on this or related cases? Poulter's lawyers may have offered Vikkiverse a deal.

https://twitter.com/TheVikkiVerse/status/1651021649397907460

Victoria on Twitter: "Oh hey, @ComicsJacks ! You can inform you attor…

archived 26 Apr 2023 01:48:05 UTC

archive.is

 

[I'm not a Robot]

Any action happen on this or related cases? Poulter's lawyers may have offered Vikkiverse a deal.

Slippy Vikki got away again! Magistrate Judge recommended she be dismissed for lack of personal jurisdiction. Uncle Ethan did all the heavy lifting for her, like a gentlemen, and the court didn't even consider all that other stuff she did on her own, which she objected to.

Kundert need not reinvent the wheel where her Rule 12(b)(2) motion sufficiently shows that the Court’s analysis and conclusion as to Van Sciver applies equally to her. So, for the reasons set out in full in Lamont I, see 2022 WL 362573, at *3-*8, the Court should grant Kundert’s motion to dismiss and dismiss Plaintiffs’ claims against her without prejudice for lack of personal jurisdiction and need not consider the other grounds for dismissal set out in her motion (which, if successful, would also result in a dismissal without prejudice).

Spoiler: FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Pocket Jacks Comics on Twitter: "@TheVikkiVerse @SonOfColonel I think…

archived 29 Apr 2023 03:25:45 UTC

archive.ph

On the subject of THE FEIN LAW FIRM, P.C. vs. PRESTON POULTER, et al, that was ordered to arbitration, they were supposed to have concluded that within 75 days. We're past that now and the case has been dismissed for want of prosecution, so who knows what happened there. There's nothing from either party indicating anything.

 

[5t3n0g0ph3r]

@PocketJacks I only have two things to say about these turn of events:
1. Care to make a statement regarding the outcome of your lawsuit with the Fein Law Firm?
2. How does it feel to take another L? You're already coping, I see.

 

[Captain Manning]

Christ, he's delusional.

Preston will get a landmark case published in the Federal Register about the same time Spectre is awarded the Presidential Medal of Freedom for saving everybody at the Boston Marathon.

 

[jspit2.0]

Slippy Vikki got away again! Magistrate Judge recommended she be dismissed for lack of personal jurisdiction. Uncle Ethan did all the heavy lifting for her, like a gentlemen, and the court didn't even consider all that other stuff she did on her own, which she objected to.

Wyświetl załącznik 5097693

Spoiler: FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

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Pocket Jacks Comics on Twitter: "@TheVikkiVerse @SonOfColonel I think…

archived 29 Apr 2023 03:25:45 UTC

archive.ph

On the subject of THE FEIN LAW FIRM, P.C. vs. PRESTON POULTER, et al, that was ordered to arbitration, they were supposed to have concluded that within 75 days. We're past that now and the case has been dismissed for want of prosecution, so who knows what happened there. There's nothing from either party indicating anything.

Wyświetl załącznik 5097725

Shameless. Both the attorney that filed this and Preston for spending that amount of money on a frivolous lawsuit because someone called him a pedophile.

@PocketJacks I only have two things to say about these turn of events:
1. Care to make a statement regarding the outcome of your lawsuit with the Fein Law Firm?
2. How does it feel to take another L? You're already coping, I see.

I'm surprised Peggy sue hasn't tried to go at Null given how much he hates being talked about on the internet. Then again, I think he's better at choosing his harassment targets considering he didn't try to go after Rackets.

Christ, he's delusional.

Preston will get a landmark case published in the Federal Register about the same time Spectre is awarded the Presidential Medal of Freedom for saving everybody at the Boston Marathon.

Hey man, this is a landmark case alright....in why frivolous actions need stronger penalties.

 

[Captain Manning]

I'm surprised Peggy sue hasn't tried to go at Null given how much he hates being talked about on the internet.

He actually contemplated it at one point. I'd have to dig through the archives, but he mentioned wanting to sue Null in his Discord. There are screencaps of it. He was also under the mistaken believe that Null lives in the U.S..

Trying to sue Null would present a host of difficulties, including trying to get around Section 230 of the CDA.

Read: It would be dumber than suing EVS. Which is already exceptionally dumb.

Then again, I think he's better at choosing his harassment targets considering he didn't try to go after Rackets.

No, he's not. He sued EVS. Who has both money and decent lawyers.

You don't have like @FROG, but the above written decision lays bare that not only did EVS's lawyers get his portion of the case dismissed, but they basically handed Vikki a W too. The judge didn't even consider (nor did he have to at this juncture) her alternative arguments for dismissal.

@I'm not a Robot is correct. She basically owes @FROG bigly here. Methinks she might be loathe to admit that though.

OTOH, she does seem to comprehend that @FROG might end up being the one that inflicts a big financial wound on Preston and stops him from pulling this shit in the future.

 

[jspit2.0]

He actually contemplated it at one point. I'd have to dig through the archives, but he mentioned wanting to sue Null in his Discord. There are screencaps of it. He was also under the mistaken believe that Null lives in the U.S..

Trying to sue Null would present a host of difficulties, including trying to get around Section 230 of the CDA.

Read: It would be dumber than suing EVS. Which is already exceptionally dumb.

Frog's wasting money, which is the goal. Any situation where the harassed party is going to lose more than you is a fail in lolsuits.

No, he's not. He sued EVS. Who has both money and decent lawyers.

You don't have like @FROG, but the above written decision lays bare that not only did EVS's lawyers get his portion of the case dismissed, but they basically handed Vikki a W too. The judge didn't even consider (nor did he have to at this juncture) her alternative arguments for dismissal.

@I'm not a Robot is correct. She basically owes @FROG bigly here. Methinks she might be loathe to admit that though.

OTOH, she does seem to comprehend that @FROG might end up being the one that inflicts a big financial wound on Preston and stops him from pulling this shit in the future.

My opinion of Frog, he's miles better than Poulter which isn't much of a compliment, is irrelevant.

With Nick, I think he'd make money off the suit because he could handle the motions himself and would grift the hell out of it. Null wouldn't, but it would earn his ire, which would lead to a mountain of attention Preston does not want.

From where I sit, this was a success for Poulter in that he forced the amphibian to burn cash on lawyer fees to defend a frivolous lawsuit he can refile to harass them. The only way to really turn the tables on this is either reverse the money drain or to bring attention to Peggy and his actions online.

 

[Captain Manning]

My opinion of Frog, he's miles better than Poulter which isn't much of a compliment, is irrelevant.

The only way to really turn the tables on this is either reverse the money drain or to bring attention to Peggy and his actions online.

He's trying. He's got a counterclaim filed in the New Jersey case. It concerns Preston's willful misuse of Ethan's CG trademark.

Which I HAVE to want him to win because, if he doesn't, Preston is just gonna keep doing this litigious faggot shit again, and again, and again...

You said it yourself. Preston is the worst of the worst.

 

[AnOminous]

Christ, he's delusional.

Preston will get a landmark case published in the Federal Register about the same time Spectre is awarded the Presidential Medal of Freedom for saving everybody at the Boston Marathon.

What a nutjob. There's nothing remotely notable about this case other than that Peggy is a pathetic cuck.

He's trying. He's got a counterclaim filed in the New Jersey case. It concerns Preston's willful misuse of Ethan's CG trademark.

Like him or not, I think EVS has a reasonably good claim that when you see the CG mark, the people who care about it generally associate it with EVS. The only real question I have there is whether there was enough prior use of it by others to invalidate the registration, but there's generally a presumption a registered trademark is valid which puts the burden on Peggy to prove it isn't.

 

[Fleetwood]

Hello? Anybody out there? Come out come out wherever you are legal spergs!
*empty occasionally functional website echoes*

There has been a development in the case. Preston Poulter posted this today:

https://archive.is/X8Tf1

He also posted a redacted first amended complaint link to his dropbox: enter Preston's box at your own risk: https://www.dropbox.com/s/nbptmuhawvmeoyw/Redacted FIrst Amended Complaint.pdf?dl=0

The case is set for jury trial and the defendants and Assaf must attend in person pretrial conference August 13, 2023 at 10 am in Dallas, with a 3 week docket beginning September 11, 2023.

 

[Captain Manning]

Hello? Anybody out there? Come out come out wherever you are legal spergs!
*empty occasionally functional website echoes*

Sorry. I was in the Rekieta thread discussing out how Spectre seems to be trying his hardest to fuck shit up in the Quest v. Rekieta case. I had forgotten all about this previous fuckup by Spectre until I recounted it to somebody today.

Looks like shit here is still fucked up. I feel sorry for Dean. I wish luck.

 

[SargonF00t]

Sorry. I was in the Rekieta thread discussing out how Spectre seems to be trying his hardest to fuck shit up in the Quest v. Rekieta case. I had forgotten all about this previous fuckup by Spectre until I recounted it to somebody today.

Looks like shit here is still fucked up. I feel sorry for Dean. I wish luck.

Any idea why Dean is attacking you in one of his recent shitty YouTube videos?