Jose “Chille” DeCastro filed a motion to strike the recent motion by the defense in his federal civil rights lawsuit against the Las Vegas Metro Police to dismiss DeCastro’s Second Amended Complaint and request for Summary Judgement.
The filing was dated December 22, 2023, but released to the public on December 27, 2023, argued that since he ignored the Judge’s instructions for his second amended complaint and simply refiled a modified version of his first amended complaint, including charges that were thrown out with prejudice, any new arguments by the defense should not be allowed as they should have been made against his first amended complaint.
DeCastro then asked to grant him a thirty-day extension in order to properly respond to the motion should the Court fail to strike as requested.
DeCastro sited being busy with his Ohio based appeal of his twice dismissed Ironton lawsuit, the holidays, being a pro se party and the defense sending a thumb drive containing video to the wrong mailing address as reasons for the delay.
The YouTuber filed his change of address form three days after the defense had filed their motion to dismiss and was still using his old mailing address in this filing.
In the second filing DeCastro made on December 22, but released on December 27, DeCastro filed a motion to compel discovery responses from the defense.
The filing, which, again, uses DeCastro’s old mailing address, claimed that he met the deadline for sharing discovery information with the defense but never received a proper response.
He claimed that he attempted to meet with defense attorney Craig Anderson on multiple occasions, but Anderson had either been unavailable or stated that he already replied to DeCastro.
DeCastro is seeking that the Court compel Anderson to produce the requested discovery information.
