Bad news came to Jose “Chille” DeCastro on Thursday as his filing of a sur-reply in his Nevada filed federal civil rights lawsuit against members of the Ironton, Ohio, and Lawrence County, Ohio, police forces was rejected by Magistrate Judge Daniel J. Albregts.
Judge Albregts wrote: “Re: 32 Plaintiff’s Sur-Reply to 31 Reply. Plaintiff has not moved to file his sur-reply as required by Local Rule 7-2(b). So, the Clerk of Court is kindly directed to STRIKE Plaintiff’s sur-reply (ECF No. 32 ) and mail a copy of this minute order to Plaintiff. See LR IA 10-1(d). IT IS SO ORDERED.”
According to local rules, a motion is submitted by a party in a lawsuit and the opposition is allowed a single chance to reply to it, with the original party having a chance to rebut that reply.
A second reply, or sur-reply, by the opposition is allowed in some instances, but only if the opposition party officially requests and is granted permission by the Judge in the case to do so.
DeCastro’s sur-reply was rejected by Judge Albregts, not on its merits, but due to procedural grounds. He simply didn’t bother to ask the Judge for permission before he filed it. He may refile the motion, but only after he seeks and is granted permission to do so.
The setback may not be the last setback DeCastro experiences in this particular lawsuit. On April 14, DeCastro filed for and was granted a motion to extend time to respond to the Lawrence County defendants’ motion to dismiss the lawsuit.
DeCastro was granted the extension on April 16, 2025 by Judge Albregts with a deadline to respond to the motion of May 12, 2025. DeCastro’s response is currently 11 days overdue, while DeCastro has been actively responding to the Ironton defendants motions.
The diminutive YouTuber can’t claim that he was not informed of his deadline, as his interactions in the lawsuit show that he’s receiving notice and has, in fact, commented on the case on his livestream.
It will be interesting to see how long he is given before Albregts either reminds DeCastro that he needs to reply to the motion, or rules in favor of the Lawrence County defendants in absence of his opposition.
DeCastro has also come under fire from his own supporters, who have expressed concerns that he is not following through with his promises. His announced protest outside of the building housing the Las Vegas Review Journal, a media outlet DeCastro has threatened to sue for defamation, was canceled on Wednesday without comment despite DeCastro promising his fans a full-on protest.
His controversial Constitution HQ board game, which has been his central focus since last year, has also apparently fallen to the wayside as DeCastro focuses on legal retribution for those who have made his enemies list.
As of Friday morning, the counter for pre-sales of his game on his DeleteLawZ.com website stands at 9992 out of 9999 units available. Confusingly, the official product page for the game also states the following:
“This item is in pre-sale. We are not shipping until May 2025. You are purchasing the board game Constitution Headquarters, set to launch in the first week of April 2025. This engaging game, similar to Trivial Pursuit, offers a fun and educational way to test your knowledge of constitutional law and American history.
Currently, we are offering the Home Edition, designed for families, friends, and enthusiasts. A Teacher’s Edition will also be available in May, 2025, specifically tailored for educators and classrooms. Stay tuned for its release!”
DeCastro’s boasts that the board game will be featured in “half the schools in America” and “the entire homeschool market” are unsubstantiated at this time.
The YouTuber is also experiencing problems with both his newly formed crowd sourcing campaign to help fund his recently filed lawsuit in Nevada against Judge Ann Zimmerman and others, along with his campaign for friend Craig Hendry.
DeCastro’s “Craig’s Freedom Depends on Your Help” campaign remained stagnant on Thursday, sitting at a $270.00 total out of a set goal of $15,000.00. With Hendry’s need for the money fast approaching, it will be interesting if his “good friend” DeCastro will promote any time to promoting the campaign.
Likewise, DeCastro’s “Time to sue the Corrupt Unprincipled Judge Ann Zimmerman” campaign raised a total of $30.00 on Thursday, bringing its total to $300.00 out of the $5,000.00 it seeks.
Fans who had given DeCastro over $50,000.00 in donations towards his GoFundMe campaigns in the past have stayed away from his current crowd souring campaign for unexplained reasons.
The new campaign did not even win the day as Lane Myers’ GiveSendGo campaign raised $100.00 for Thursday, bringing it to $7,276.00 in total out of a goal of $30,000.00.
Thursday’s setbacks for DeCastro show that his recent efforts to show that “the old Chille is back” may be paying off. DeCastro, despite the positive response to the return of his “finger gun” thumbnails to his livestream, also has brought back his previous bad habits in response to his on-going court case and his apparent absolute laziness in promoting his products and crowd sourcing campaigns.
With the end of May fast approaching DeCastro’s actions in the next week may significantly impact his pending “comeback.”
DeCastro is expected to go live later on Friday.
