Preston Poulter et al v. Ali "Dean" Assaf et al (2021) -

I'm not a Robot

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DA Talks' (Father) was served on July 13th.

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I'm not a Robot

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There are options other than providing the papers to the defendant directly. Serving someone (18 and over) who lives at defendant's address is one of them. They could also go to your place of work and leave them with your boss.

If there is an issue with said service, it would surely be brought up as it was in Melinda's lawsuit with Null. She alleged that he was properly served via a pack-n-ship employee where his LLC's electronic mailbox is located. She won a default judgment and then Null made an appearance later on. I think we're still waiting on the judge to rule on that.

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I believe Akilah had some trouble serving Sargon, but he ended up accepting her attempts anyway.

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Dean displayed the cease and desist he received in the mail on May 4th. The address on the letter was the same as in the complaint. If there was a problem with the service, it probably wouldn't be with that. In any event, he's had over 2 months to prepare.
 
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jspit2.0

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The process server couldn't find Dean, so they served the papers to his father?
@AnOminous Are they allowed to do that?

Not him, but I don't know for sure.

There are options other than providing the papers to the defendant directly. Serving someone (18 and over) who lives at defendant's address is one of them. They could also go to your place of work and leave them with your boss.

Is this Dean's address though? Also, I'm pretty sure that its a smell test. You can serve someone through newspapers too. But you have to show you put in effort to serve them personally?

If there is an issue with said service, it would surely be brought up as it was in Melinda's lawsuit with Null. She alleged that he was properly served via a pack-n-ship employee where his LLC's electronic mailbox is located. She won a default judgment and then Null made an appearance later on. I think we're still waiting on the judge to rule on that.

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I believe Akilah had some trouble serving Sargon, but he ended up accepting her attempts anyway.

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Reading for people looking to learn more on serving papers.

 

I can't imagine

kiwifarms.net
Is this Dean's address though? Also, I'm pretty sure that its a smell test. You can serve someone through newspapers too. But you have to show you put in effort to serve them personally?
I believe this is a federal case, and they allow for summons to be served on adults living in the home without any request for substitute service.

(e) Serving an Individual Within a Judicial District of the United States. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by:

(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or

(2) doing any of the following:

(A) delivering a copy of the summons and of the complaint to the individual personally;

(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or

(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
 

AnOminous

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The process server couldn't find Dean, so they served the papers to his father?
@AnOminous Are they allowed to do that?
If he actually lives there, yes. Generally, service of process must conform to the Federal Rules or alternately to the local rules of the jurisdiction where service is sought. That can be achieved in California on any competent adult in the household where the defendant resides.

I haven't really gone over it with a microscope but I don't see anything obviously wrong with it, other than the possibility Dean doesn't even live there, which I know nothing about.
 

I'm not a Robot

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Is this Dean's address though?
I haven't really gone over it with a microscope but I don't see anything obviously wrong with it, other than the possibility Dean doesn't even live there, which I know nothing about.
If he were inclined to argue that he wasn't properly served at the address in the complaint, he probably shouldn't have live streamed the cease and desist that was sent there prior to the lawsuit.

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5t3n0g0ph3r

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Frog filed his motion to dismiss over the comicsgate™ dispute

@5t3n0g0ph3r can you add this to OP? I know the thread is mostly about the defamation bs, but this is the second lawfare between @PocketJacks and @FROG. It's probably easiest to discuss and find updates here rather than spread randomly throughout the CG thread.
Technically the trademark dispute isn't an issue filed by the Plaintiffs for this particular case, but if a resolution is made by the court in the dispute then I'll mention it in the OP.
 

5t3n0g0ph3r

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Link to PDF: https://storage.courtlistener.com/recap/gov.uscourts.txnd.348341/gov.uscourts.txnd.348341.18.0.pdf
Dean is going to be a Pro Se Litigant? Dean, unless you know what you are doing, choosing the Russell Greer method isn't exactly the best option. Just ask Melinda Scott (actually, don't ask her. She's nuts) or Kristen "Krissy Rose" Rubin (the crazy stalker from Quinton Flynn's court hearing. Seriously, Dean, look up that document. It's a great example of what NOT to do if you are a Pro Se Litigant).
I'm now curious how @FROG will respond and if a lawyer will represent him.
 

I'm not a Robot

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I'm now curious how @FROG will respond and if a lawyer will represent him.
Ethan has a lawyer. There's a clip of him saying that he won't be commenting on the case and will be leaving things to his attorney. He was served the day after DA, so we should see his answer shortly.

Too bad DA wasn't harder to find like Vikki. He could've used the extra time to copy Ethan's homework.
 

Spectre_06

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Link to PDF: https://storage.courtlistener.com/recap/gov.uscourts.txnd.348341/gov.uscourts.txnd.348341.18.0.pdf
Dean is going to be a Pro Se Litigant? Dean, unless you know what you are doing, choosing the Russell Greer method isn't exactly the best option. Just ask Melinda Scott (actually, don't ask her. She's nuts) or Kristen "Krissy Rose" Rubin (the crazy stalker from Quinton Flynn's court hearing. Seriously, Dean, look up that document. It's a great example of what NOT to do if you are a Pro Se Litigant).
I'm now curious how @FROG will respond and if a lawyer will represent him.
it's a good basic response. It denies any wrongdoing without trying to sound legally substantial, which for this he can pull off. The real test will be his 12(b)(6) motion that he will have to file, in which he can copy EVS's motion. Dean simply had a finite amount of time to respond, the 12(b)(6) doesn't have as painful a limitation.

EVS filed his Motion to Dismiss.
 

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5t3n0g0ph3r

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it's a good basic response. It denies any wrongdoing without trying to sound legally substantial, which for this he can pull off. The real test will be his 12(b)(6) motion that he will have to file, in which he can copy EVS's motion. Dean simply had a finite amount of time to respond, the 12(b)(6) doesn't have as painful a limitation.

EVS filed his Motion to Dismiss.
I'll add the info on @FROG's lawyers to the OP later.
 

AnOminous

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EVS filed his Motion to Dismiss.
Minor nitpick, they spell EVS's name as "Ethan van Sciver" in the text but as "Ethan van Scriver" in a footnote. Similarly, they call it Demonatrix throughout the text, but Dominatrix in footnotes. No big deal really. It cites all those nice civ pro cases from 1L.

I'll note we've seen at least one libel case in Texas with an out of state defendant (Mark Waid) and the court declined to exercise jurisdiction over any of the alleged defamation that did not physically occur in Texas. It was similarly applying state law under federal diversity jurisdiction.

It isn't binding on this, a different federal court in Texas, but if that case is illustrative of how Texas law views libel lawsuits against out of state defendants with no connection to Texas, it's a dim one. And Meyer v. Waid involved a defendant, Waid, who actually had physically entered the state of Texas and defamed Meyer while physically present in the state.
 

Spectre_06

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I think I've come up with a working theory of what they plan to do.

Preston knows his lawsuit has no merit and likely won't see the inside of a courtroom. He's admitted as much in his own conversations that have been leaked. However, note in the First Amended Complaint what they say: the alleged defamatory statements "targeted the Plaintiffs where they reside and are located and intended that the [alleged] defamatory statements would damage their reputations locally and nationally in their professions." Again, Preston knows it's not going anywhere in Texas, but they don't allege specifically where the comments were targeted, only "where Plaintiffs reside". The plan is to refile in Florida, since John Lamont is a resident there, and then maybe refile in the three states the Defendants live in, if they want to take it that direction. I could se them doing it for Vikki, but EVS has actual lawyers he can pay for, and Dean lives in California which has a strong anti-SLAPP statute, that means if he gets it dismissed as a SLAPP suit (likely) then Preston and John pay for everything he had to do. They want three attempts just to drain them of money, acting vexatiously.
 
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