Okay, here is the complaint, the good news is Phrost is not being sued, but it looks like a quarter of the thread is being sued.
Since I am still struggling to find an attorney to file a motion to quash, I need to ask, mind if I file paperwork in your name to kill the clock.
Feel free to do so.
Okay, what is your cell phone again? Need to coordinate.
816.308.0294
I’m only available after 630 CST though unless we set something up beforehand.
816.308.0294
I’m only available after 630 CST though unless we set something up beforehand.
This was a bad call on the part of the posters. Having and displaying empty medals is lame and should be noted, but it doesn’t give anyone the right to just start making shit up, which is what seems to have happened. Did this guy lose every match? We don’t know and neither does his accuser. Only he does, making it very easy for him to bluff or to be sitting on vindicating material.
Sam and I talked and since there were only two people on the thread, Zapruder and some relative noob who was being an asshole, we really have no impetus to fight against a reasonable request for information, for the following reason: Zapruder isn’t anonymous, and the other guy’s an asshole.
I posted the letter I faxed to the guy on the moderator thread. In restrospect I would have written it to be more dismissive then pissed, but I would be willing to give up that information under subpoena rather than say, giving up the identity of everyone on that thread.
I suppose we will know shortly how invasive his subpoena is going to be. Phrost don’t be surprised if you get the knock on the door, and please post it here.
At that point we will decide how unreasonable it is, and whether to fight the request. If we do decide to fight, that complaint is a public document and its going to need to get spread all over the internet, I think it makes Vandry look rather paranoid myself.
In the mean time we need to set up the fundraising campaign for instant kick off if necessary.
So Zap im’s me and complains. Granted we locked the thread, (I won’t remove it before we receive a court order) But he wanted to know when he could post at Bullshido again, and I told him, not as long as this suit is ongoing, or he has a judgment against him, unless he wants to risk having his present IP disclosed if Vandry’s attorney files another subpeona.
hiya77: ah
hiya77: well im not too happy about it
hiya77: i guess that is because I saw bullshido as a bastion against this stuff
hiya77: and when i saw yall fold so quickly it was disappointing
TappingReeve: you were not working on an approved investigation at the time.
TappingReeve: We didn’t tell you to go work on the Vandry case, that was your decision.
hiya77: yup
hiya77: but how does that matter at all?
hiya77: wait
hiya77: how many investigations do you give to people?
hiya77: i thought people did that on thier own
hiya77: and then the investigation goes after that
TappingReeve: Have you read our encyclopedia featuring approved investigations? You inquiry never resulted in an article that was pre-reviewed by the staff prior to publication.
hiya77: haha
hiya77: werd
hiya77: you dont have to lawyer anymore
hiya77: that is enough of an explaintion
hiya77: its no worries
TappingReeve: If your lawyer has any questions please have them fax me at 866-288-4046 and we can then talk by phone.
hiya77: yes yes
Honestly, I wish we could operate with the kind of impunity that would allow him to post whatever he wanted, provided it wasn’t libelous.
But that attitude got Mike and me sued back in 2002 so…
Would like to know what’s going on with this? What’s the statute of limitation on this? I believe he doesn’t live in the same state anymore? What is their course of action. How are we implicated in this?
I think this whole thing is over and done with.
Okay, so can Zap start posting again?
Is he banned?
I was talking to him and he says you guys weren’t letting him post.
I have no problem with him posting, but Sam might have a reason for it. The entire situation fucking sucks, to be honest. Ultimately, there was nothing we could do to help him, especially since he wasn’t anonymously posting.
Zap had his password scrambled (I don’t know how) before he was sued. So he was unable to log back in to the site. Because I didn’t want them to know where he was (his present IP would have given us a rough idea) and we would have had to given this information up in response to the subpeona, I decided not to let him straighten out the account. Instead Vandry got a list of his old locations which just happened to be worthless, and I could tell his lawyer with a streight face. (nope, I don’t know where he is).
As soon as Zap gets unbanned and starts posting, they can file another motion for more information so I would need the following to happen.
Vandry’s lawyer fucked up by not asking for Zap’s emails had he done so he might have been able to pull others into the suit. Zap asked both Phrost and I for help going after Vandry before the suit and I fobbed him off, but access to Zap’s emails might lead Vandry’s attorney to try to add more defendants based on any sign of “cooperation” since he alleged conspiracy in his original complaint.
Do we know if there was an actual suit filed. Why was this filed in Virginia if both parties were originally in Texas?
And to answer the obvious question, because Vandry’s attorney filed a John doe complaint in a timely manner, this is not a simple statute of limitations defense. Instead the question is, according to Virginia law, how long after one files the complaint does one have to properly serve the defendants, and convert their unknown status to their regular names before one is failing to properly prosecute the case and it should be dismissed.
There was an actual suit filed. The complaint is printed on a thread in the moderator section. The reason Vandry filed the suit in Virginia is that is where he found his “internet lawyer” who alleged that one or more of the posters or conspirators came from virginia. Unfortunately for us, one of the 40 posters (but not the two main ones) did come from Virginia. So they would have had an arguable case for jurisdicition and we did not have the $5,000 necessary to hire a lawyer for an initial series of hearings.