In a surprise filing, Jose “Chille” DeCastro wasted little time to respond to a motion by “Accountability for All” Abrams’ attempt to have DeCastro’s defamation lawsuit moved from the court of Judge Leo Thodore Sorokin to the court of Judge Allison D. Burroughs.
Burroughs handled DeCastro’s original attempt to sue Josh Abrams and Kate Peter in 2022 for defamation claims by DeCastro against the pair. Burroughs presided over the case in both interactions of the lawsuit, as DeCastro would later drop the defamation claims and focus instead on copyright issues.
Abrams, through attorney Josh Garick, contended that Burroughs would be a better fit for the case since she handled the first case and the allegations by DeCastro parallel the original version of that case.
In this reply, DeCastro questions that contention as, in his recollection, the vast majority of that lawsuit was about copyright infringement. DeCastro notes that yes, the case began as a defamation lawsuit, but he dropped those claims against Abrams and Kate Peter in his failed attempt to go after both for copyright issues.
DeCastro completely ignored the fact that both Peter and Abrams were able to file counter claims against DeCastro for the defamation charges, which were still alive after DeCastro’s transformation of the case and were ultimately dismissed when DeCastro’s lawsuit was dismissed in 2023.
After pages of comparison between his copyright lawsuit and his current lawsuit, the diminutive YouTuber also claimed that there were distinct differences between his original version of the 2022 lawsuit against the pair.
He sums up those differences by stating:
“The present action concerns Defendants’ spoken false statements about Plaintiff during the livestream-tortious conduct causing reputational and emotional injury.
Even when events occur contemporaneously, courts do not deem cases “related” where the actionable conduct, proof, and governing law differ. Multiple causes of action can arise from the same general time period or relationship without constituting the “same occurrence” for relatedness purposes.
Moreover, Plaintiffs tort claims extend beyond the June I 0, 2022 livestream, encompassing a pattern of defamatory statements and conspiratorial conduct over time.”
He also argued that because Judge Sorokin made “factual findings” in the lawsuit by making a ruling allowing DeCastro to serve the defendants by mail, he has had deep engagement with the nature of the defendants’ online presence, their attempts at anonymity, the appropriateness of alternative service methods and the specific procedural challenges the case presents.
He further argued that there would be no efficiency gain provided by switched judges since Judge Burroughs has had no interaction with any of the parties since the lawsuit was dismissed in July of 2023.
One further passage of note concerns DeCastro’s “professionalism.” DeCastro wrote: “Plaintiff affirms his commitment to professionalism, courtesy, and proper courtroom decorum throughout this litigation. Reassignment is unnecessary to ensure proper conduct before this Court.”
The passage itself seems tongue in check as anyone who observed DeCastro’s behavior in the first trial will remember that his actions and his attacks on Judge Burroughs were anything but “professional and courteous.”
DeCastro’s latest actions brought no discernable changes to the crowd sourcing market as his multiple GoFundMe campaigns remained silent for the week.
Jonathan “Frauditor Troll” Huneault’s Help us Fight this anti-free speech retaliation lawsuit fund brought in $133.00 for Tuesday, followed by $35.00 for Rogue Nation’s Getting me back on the road campaign.
Huneault’s campaign took Thursday’s title as well with a $802.00 haul along with $211.00 (converted to UD from CAD), to win Friday.
Friday’s haul also saw SeanPaul “Long Island Audit” Reyes’ Help Me Fight These Unlawful Charges & Injustice and Leonard “Leroy Truth’ Filipowski’s Stand with Leroy Trugh Against Injustice fund both take in $20.00 to share second place.
No other campaigns that we follow saw donations for the week.
LOL
Judges feel they have too much work to do so any excuse to transfer a case is welcome. So sending this back to Judge Burroughs who knows the players or who has some knowledge of what is going on would make better judicial economy. Or to put this simply, the case will be transferred. chilli will appeal, thus delaying the transfer and the appeal will also be a loser for him. But by which time a whole other year will have passed.
Oh Kate, who you can be sure is reading/watching/ observing everything, is laughing at the antics of chilli and his lolsuits. Cause? KATE ALWAYS WINS!