In filings made on Tuesday but released today, Michael “Blue Bacon” Pierattini’s attorney has asked for more sanctions against DeleteLawZ Jose “Chille” DeCastro as DeCastro has again refused to provide discovery in his on-going lawsuit against Pierattini, Kate Peter, Daniel Clement and Team Skeptic.
The motion was made by attorney R. Paul Katrinak and seeks that at the hearing set for January 23, 2025, that the case against Pierattini be officially dismissed or that the court sanction DeCastro for yet again ignoring the court’s orders and failing to produce discovery.
Katrinak’s argument is that the Court has essentially ordered DeCastro to act five times now, which has resulted in no actions by DeCastro:
- The Order on the Motion to Compel Plaintiff’s Responses to Defendant’s Special Interrogatories has not been complied with;
- The Order on the Motion to Compel Plaintiff’s Responses to Defendant’s Form Interrogatories has not been complied with;
- The Order on the Motion to Compel Plaintiff’s Responses to Defendant’s Requests for Production of Documents has not been complied with;
- The Order on the Motion to Compel Plaintiff’s Responses to Defendant’s Requests for Admission has not been complied with; and
- The Order on Plaintiff’s Reconsideration of Sanctions and he has not paid the original sanctions or the sanction for that motion.
Katrinak noted that the deposition scheduled for the Summer of 2024 could not be held because DeCastro did not provide the promised Discovery needed in order to properly pose questions to him.
He further noted that the recent motion for summary judgement eliminated all of the claims against Pierattini except the right of publicity claim. In that claim, DeCastro said he was financially injured by Pierattini’s use of his likeness during live streams.
However, since DeCastro never provided Pierattini with discovery, including the amount of money DeCastro supposedly lost over the broadcasts where Pierattini showed he made no money, the final charge is now in a state where it can’t be proved or disproved since DeCastro won’t provide any information at all about the claim.
Katrinak also notes that with the end of the year approaching and no sign that DeCastro will ever provide discovery or any information as ordered by the court, it will put them at a tremendous disadvantage if or when the trial finally happens in February as they’ve complied with discovery and DeCastro has not.
Also at issue is DeCastro’s complete show lack of respect for the legal process. Katrinak brought up both a previous undocumented outburst by DeCastro in a hearing in this case in March of this year, and his previous verbal assaults on the bailiffs in his criminal trial also in March. Katrinak claimed that both actions by DeCastro shows that has no regard for the criminal justice system. Further pointing out that DeCastro’s brand is “DeleteLawz,” and is devoted to the deletion of the criminal justice system.
If the motion to dismiss Pierattini from the lawsuit is granted, it would only mean the end to the case against Pierattini. Kate Peter is still considered in default since she did not properly respond to service and both Daniel Clement and Team Skeptic have never been properly served with the second amended complaint in the case.
DeCastro has not made a public statement about the new filing, nor has his attorney responded to the motion as of press time.
