Judge H. Jay Ford III ordered on Tuesday a delay of the hearing to discuss Michael “Blue Bacon” Pierattini’s motion for summary judgment in the case of Jose “Chille” DeCastro vs. Kate Peter, Team Skeptic, Daniel Clement and Pierattini.
DeCastro’s new attorney, Steven T. Gebelin, had asked for a thirty-day delay for the hearing as he brought himself up to speed in his defense of DeCastro. Pierattini’s attorney, Raymond Paul Katrinak, countered that DeCastro had the past month to bring Gebelin up to speed on the case as he clearly demonstrated that he had access to his e-mail accounts through an intermediary while in jail.
Judge Ford II compromised, giving Gebelin until August 13, 2024, to file a supplemental briefing in response to the motion for summary judgment, with Katrinak given until August 20, 2024, to file his response to the supplemental briefing.
Katrinak had previously argued in favor of the summary judgment as the case had lingered since early 2023 without DeCastro ever stating what Pierattini had allegedly done to DeCastro to deserve to be sued.
He pointed out that DeCastro has refused, to the point of receiving sanctions from the court, to sit for a deposition or provide answers to questions posed in the discovery process. He also stated that DeCastro clearly had access to the internet and had the ability to keep up with the lawsuit as he posted dozens of new YouTube videos while he was incarcerated.
Gebelin countered that he was newly hired to the lawsuit and it was premature to hold a motion for summary judgment as discovery had not been completed and DeCastro, Pierattini or his fellow defendants (two of which who were never properly served in the case) had been properly deposed.
DeCastro is set to be deposed on August 21, 2024. No date has been set for Pierattini or his fellow defendants to be deposed.
The hearing on the motion for summary judgment will now be heard on August 30, 2024, the same date as the next scheduled status hearing in the lawsuit.
