Plaintiff has filed her OPPOSITION to Motion to Dismiss Amended Complaint
Official Certification of Department of Motor Vehicles Driving Record for Rose (redacted):
While her DoB is redacted, they state in the filing that her birthdate was October 30, 2004.
October 2004, huh? Who could've known?
Note that driving history says "No entries found for this person. Clear driving history and record." Is it because she was a minor at the time of the accident, or do incidents get removed after a certain time?
Pxie's lawyers seems to think the jurisdictional challenge cannot be posed as this time, since there are factual disputes about the date of the logs:
Starting to take shots at his preservation methods:
Destiny's ChatGPT adventure manufacturing logs might even put summary judgement out of reach is this passage is true:
Rose was a minor:
"Duces tecum" apparently means that she's requested to bring some form of documentation/evidence for the deposition. Probably Discord logs etc.
They bring up Destiny lying about Rose being in Europe in his declaration:
Seems Destiny knew she was living with her parents. Surely she couldn't be underage!
According to plaintiff's expert, the video apparently was indexed by search engines:
This should be a pretty good (and new) point that furthers the arguments about the video's accessibility.
More from the expert's afidavit:
True! I wish they'd bring up that Destiny was aware of the leak on November 20, and
did nothing. Who's to say Solo had downloaded the videos by the time Destiny was made aware of the leak (especially since we know, thanks to
@Shady Mask Dealer, that the logs were exported without the media files, or at least Pxie's video
link).
They talked about Destiny using ChatGPT to generate the logs he provided as evidence:
lol
They bring up the ridiculous argument that the file name of the Pxie video did not match the random alphanumerical Google Drive file id:
Pxie's lawyers apparently recently got the address of AbbyMC:
They also claim they "didn't represent AbbyMC for purposes of the subpoena." My guess is they represent(ed) her regarding her own potential lawsuit, but I guess that does not make them obligated to give her address regarding a subpoena in another case?
They got Jesus Peña, founder of e-Forensics Inc., as their expert on digital forensics and e-discovery.
He claims the files "originated" from Discord because some of them had the unique SPOILER_ tag:
I think he's kind of overstepping here? We have the screenshot from Solo with the two videos that was "spoilered" on Discord (and would contain the SPOILER_ name tags), but we also have screenshots where Solo shows the Google Drive URLs he obtained some of the videos from.
The expert says Destiny did not preserve his logs in a forensically sound matter:
Pxie apparently has her logs in order:
He points out a message from apparently after the video was sent, is indicated to have been sent before the video was sent in Destiny's version of the logs:
Does anyone know how this would be handled by Discord Chat Exporter if the video was deleted before the export?
He brings up the inconsistencies in the logs he provided (first found by
@Code Cave [
1,
2]):
He did not mention the mismatched(impossible?) time stamps regarding the non-Google Drive media files. Disappointing.
