Kate Peter got a very minor win in court on Friday, February 3, 2023, as the judge ruled that her late filing of her response to a motion to hold her in contempt in Jose “Chille” DeCastro’s lawsuit against Peter, Josh Abrams, 50 John Doe YouTube creators, 20 John Doe YouTube workers and YouTube/Google itself was a good faith error.
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On January 16, 2023, Plaintiff filed his second motion for contempt as to Defendant Peter (“Peter”). [ECF No. 103 ]. Pursuant to Local Rule 7.1(b)(2), Peter’s response was due on or before January 30, 2023, but Peter did not file her opposition until February 1, 2023. This two-day delay prompted Plaintiff to file an emergency motion to strike Peter’s opposition, [ECF No. 110 ], which Peter opposed that same day, [ECF No. 111 ]. In her opposition, counsel for Peter explained that they had erroneously calendared the deadline for the opposition as February 2, 2023, due to a notation in the docket entry that accompanied Plaintiff’s second motion for contempt. [ECF No. 111 at 1].The Court has the discretion to not strike an opposition because the filing was two days late due to a good faith misunderstanding. See Bennett v. City of Holyoke, 362 F.3d 1, 5 (1st Cir. 2004) (“Under the excusable neglect rubric, courts are permitted, when appropriate, to accept late filings caused by inadvertence or mistake.”). And, more generally, the district courts have “broad discretion in assessing such case management decisions.” Perry v. Wolaver, 506 F.3d 48, 56 n.10 (1st Cir. 2007) (citing Perez-Cordero v. Wal-Mart Puerto Rico, 440 F.3d 531, 533–34 (1st Cir. 2006)). Here, the Court, in its discretion, will not strike Peter’s opposition because it credits the representation by Peter’s counsel that the delay was the product of a good faith mistake and because Plaintiff was not prejudiced by this delay. Plaintiff’s motion to strike, [ECF No. 110 ], is therefore DENIED. (McManus, Caetlin) (Entered: 02/03/2023)
Peter’s response to DeCastro’s motion to hold her in contempt over a recent Masshole Troll Mafia YouTube broadcast came two days after the deadline for filing. DeCastro filed a motion to strike her response as it had missed the deadline. Peter’s attorney, Benjamin Wish, filed a response to the motion to strike explaining that there was confusion regarding the court’s actions in the electronic filing system, which appeared to grant extra time due to a change in the filing.
Upon hearing Judge Burroughs’ ruling, MERB reacted with a rant that only could be described as a mix of cartoon characters Daffy Duck and the Tasmanian Devil and sitcom character Frasier Crane. He went live on YouTube Friday afternoon with a broadcast devoted to viewer questions, spending the majority of time ranting about the judge’s ruling in cartoon-like fashion.
MERB was concerned that the cases the Judge sited were sited incorrectly and would be overturned on appeal if DeCastro took the steps to appeal the ruling. MERB noted that DeCastro would waste time and money doing so, as the Judge has already read Peter’s reply and would likely rule against DeCastro’s motion to hold Peter in contempt on the merits of the arguments DeCastro provided.
Judge Burroughs has yet to rule on defendant Peter and Abram’s individual motions to dismiss the case, this second contempt charge by DeCastro and is awaiting DeCastro’s filing of his second amendment to his second amended complaint or third amended complaint.
YouTuber The Frog continues his stellar work by bringing updates to the Minnesota Guardian case. Guardian is now in custody for a probation violation. Guardian had been previously convicted of 5th degree nonconsensual sexual contact and 5th degree assault and admitted to violating the terms of his probation during a recent court hearing.
In an extremely long broadcast, YouTuber Hand Banana’s Friday broadcast featured guests such as Michael Cerrone, Joey’s Pimp Daddy and Lagoona Lauren. Cerrone warned viewers that YouTuber Vegas Valley essentially ran a cult and had followers too scared to leave his fandom due to his explosive personality. Cerrone has been the center of Vegas Valley’s wrath after he upstaged him on a recent broadcast of the Masshole Report.
YouTuber Turtle Boy, after a week of making negative comments about the LGBTQ community on his twitter page, classifying Democrats or those with left wing ideals as “communists” and having a run in with two elderly people and a mom at a school board meeting that he described as an incident with “thugs,” on the Timcast YouTube show, episode 703.
Obscure gubernatorial candidate (state to be announced) and YouTube personality Jose “Chille” DeCastro broadcasted live on YouTube Friday afternoon. The diminutive YouTuber complained about his new haircut. Stating that it would take two to three weeks for his haircut to “look right,” DeCastro showed off the closely-cropped near-white hair on both sides of his head and went into an extended commercial for the new version of his trifold, which should be released any day now.
DeCastro replayed portions on a recent incident that he staged during a police shoplifting arrest, apparently feigning interest in the well-being of the shoplifting suspect while going into his standard scripted rants about police oppression. He went on to brag about how his use of a “camera phone” could stifle free expression as citizens are not likely to speak up knowing that their opinions will be recorded and potentially used against them.
