So the facts, starting from Part IV after the introductions
Plaintiffs are claiming that Cloudflare and 8chan THEMSELVES claimed all sorts of racist, hyperbolic things about Hispanics. This is clearly based on the fact that people using 8chan say these things (which they do, lets be fair). But they do so using an open source platform known as 8chan which is accessible to anyone. 8chan ITSELF (as in the company/website) never said any of these things. They merely refused to moderate other people from saying them. But they also didn't moderate the counter and instead simply let people use the bulletein board as they saw fit. This is textbook telecommunications service providing, which apart from implicating the first amendment is specifically protected from liability by Section 230 of the communications decency act.
All cloudflare does is prevent 8chan from being hit by DDOS. They never even hosted the shit alleged in the "facts", nor provided any service for transmitting it. So even bringing up Section 230 is pointless as the plaintiffs claims about Cloudflare are flat wrong. Wrong at a fundamental level. It also claims that somehow everyone named coordinated with each other in a civil conspiracy. But thats impossible as Cloudflare simply provides a service architecture 8chan uses independently which in turn creates another service architecture the end users use independently. Just because Person A shoots Person B at a public park, does not mean Person A was in a civil conspiracy with the city government for providing a park. This entire argument is dumb.
Strike paragraphs 1 and 2.
Paragraph 3 then goes on to say that Crusius Took the "Message of Hate" as orders, issued by 8chan (and cloudflare lol) and acted on it. Plaintiff then claims that "by lawful means, defendants sought unlawful ends". But the glaring issue is they don't say what specific orders 8chan and Cloudflare issued to Crusius. And keep in mind for there to be a civil conspiracy 8chan and Cloudflare need to be working together here to get Crusius to murder Mexicans. Paragraph 4 then clarifies that 8chan allowed for the creation of electronic material that influenced Crusius. Sure, I suppose, but 8chan and Cloudflare did not create that material. Hell paragraph 4 all but admits al 8chan did was maintain it and allow for it to be viewed. There is also no specific presentation of the actual things Crusius was acting upon when he went to that shopping center.
Strike Paragraph 3 and 4.
Paragraph 5 is shrill shrieking about, and I kid you not, people on 8chan helping to raise money for the "build the wall" movement/charity scam, and for being big meanies to the great city of El Paso.
Strike paragraph 5 for being irrelevant.
Paragraph 6 claims Crusius was a Disciple of 8chan and Cloudflare. lol wat? Okay. Then goes on to explain how he purchased weapons and armor. Okay? Where can the plaintiff show where 8chan and Cloudflare facilitated Crusius in the purchase of his arsenal? Is that even possible? I mean, keep in mind Cloudflare is primarily just security architecture. They don't even host the philosophies the plaintiffs are claiming Crusius was a disciple of. And the information he was following, if he was following it, was posted by users of 8chan, not 8chan itself.
Strike paragraph 6. Needlessly prejudicial, section 230, unfounded.
Paragraph 7 is a poetic retelling of the spree shooting. Automatic strike, prejudicial. At no point did 8chan or Cloudflare assist Crusius in the actual event. The plaintiffs allege Crusius was was motivated by them, not actually doing the killing, or carrying out the killing on their specific orders (as in a paid assassination). The massacre itself has nothing to do with the causes of action alleged.
Paragraph 8 describes the victim. Okay.
Then lol, we get to the actual meat with the change to Part V.
Alternatively, and without waiving other contentions, Defendant Crusius is liable for intentionally causing bodily injuries and death
Well no fucking shit. This at least is true and may sustain this shit show going foreword as a wrongful death suit aimed at Crusius himself. And MAYBE his family.
Part VI claims both cloudflare, and 8chan should have known what Crusius was up to and that they knowingly provided the means for him to be radicalized and plan his activities without any intervention on their part. This is an argument towards the principle of depraved indifference. They want to argue that 8chan was so negligent in their moderation that they should have known this was the inevitable outcome. They also again claim Crusius was a disciple of 8chan. This a nod towards legal standards set by the Manson Family killings by the by. Plaintiffs are claiming Crusius was not a lone actor but a brainwashed cultist controlled by the mastermind of the cult, 8chan and its owners. And also Cloudflare...which is stupid.
Part VII is reiteration of the civil conspiracy between 8chan and Cloudflare. Its just as stupid here as it is elsewhere.
Part VIII is an attack of the Crusius family as a whole, claiming that because they taught their son about guns they are liable for how he used them, and that their family is a "joint venture" for legal purposes. I think its a stupendous stretch to try and claim the Crusius family is on par with the fucking GAMBINOS but...okay...I suppose they can try and make this argument. Who knows, they may get Judge Chupps second cousin.
Part IX Claims the parents were recklessly negligent in their parenting. This will be struck immediately. Crusius was 21 years old and above the age of majority. His parents had no duty of care or guardianship over his actions.
Part X claims everybody was negligent. Okay.
Part XI claims the corporate veil needs to be breached for Cloudflare and 8chan because all the actions of people owning the company were done of their own personal will and the company was simply a tool to further their personal crimes. lol no. Even if by some miracle Cloudflare and 8chan get implicated via depraved indifference (the only in I can see) there is absolutely no fucking way the corporate shield goes down because to even GET to depraved indifference you need to implicate the corporate institution itself. Not just its owners but the employees...i.e, The Mods and Jannies. The Plaintiffs want their cake and they want to eat it too. No.
Rest is a bunch of claims for damages. etc.
That fucking signature.
tl;dr
the only slam dunk is wrongful death against Crusius himself.
They are stretching by arguing depraved indifference for the Crusius Family and 8chan.
Everything else is total bullshit. Including every mention of Cloudflare.
Time to drink some more.