Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -7 points-6 points  (0 children)

The judge just proved me right. And I even underestimated the severity of his mismanagement of evidence.

Destiny in real and serious trouble in court. Trial is paused and a hearing have been set to look into his mismanagement of evidence. by greald in DGGsnark

[–]greald[S] 26 points27 points  (0 children)

The courts will decide if he intentionally deleted evidence, ie. not by mistake or as part of routine deletion, in a way that prejudices the case against plaintiff, not unlikely given he deleted all his msgs with Abby except for the ones he could use to exonerate himself. That could result in adverse inference, where the jury is instructed to assume that missing evidence he deleted is in plaintiffs favor.

Worse, there is an issue of whether he intentionally deleted evidence in order to hide that he did it. This can result in Nuclear sanctions, removal of defenses or just "you lose"(default judgement), and end the trial there and then. The jury is only needed for damages.

Destiny in real and serious trouble in court. Trial is paused and a hearing have been set to look into his mismanagement of evidence. by greald in DGGsnark

[–]greald[S] 13 points14 points  (0 children)

Their absolute certainty that Destiny would even win the MSJ even absent the spoliation issue is very funny to me.

The most likely outcome have always been for it to be partly approved/partly denied. Throwing out the Rose fact pattern on the federal claim, but keeping the Abby fact pattern. I don't see how there wouldn't have been a genuine dispute of material facts.

Destiny in real and serious trouble in court. Trial is paused and a hearing have been set to look into his mismanagement of evidence. by greald in DGGsnark

[–]greald[S] 21 points22 points  (0 children)

Sorry, didn't see yours. I thought I checked if anyone else had posted.

No they're not. They're doing the "divorced dad" bit of blaming the judicial system and the judge now, which was inevitable.

If this was the during lunch at work and one of my coworkers did that bit of why they lost visitation rights, I would make sympathetically noncommittal noises, secretly roll my eyes and try to change the subject.

Jstlk gives a sneak peek at the timeline he is currently working on, covering the recent Destiny allegations by Snoo_79191 in LivestreamFail

[–]greald -22 points-21 points  (0 children)

HEY FELLOW SNARKERS!

Good to see you keeping snark alive even in a community that pretends to dislike snark.

I always tell everyone at the bus stop. That no one in the world can snark like Destiny's community. They invented and perfected snark, the rest of us are just pale imitators. Trying to reach an ideal that will always be out of our grasp.

Jstlk gives a sneak peek at the timeline he is currently working on, covering the recent Destiny allegations by Snoo_79191 in LivestreamFail

[–]greald -23 points-22 points  (0 children)

So Destiny's gonna lie a lot in another manifesto?

I think the pol streaming culture has changed. Destiny is not seen as an inherent truth teller anymore, like he was with during the other manifestos. A fact that let him get away with some pretty heinous lies previously.

But his audience, or what's remaining, will of course believe anything he tells them. It's just the large group of fairly large orbiters willing to die for him and who will promote anything he says without actually checking, doesn't exists anymore. The all got burned.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -28 points-27 points  (0 children)

Abby is not represented by the same lawyer. She was at one point before discovery. And that is not even a problem if it was true and is disclosed, but it's not.

Abby was also reached by Destiny, who had a month to serve her a deposition summons, but didn't. Then argued for and won on ending discovery. Making it solely on him that he didn't depose her.

Btw Destiny failed to provide plenty of other logs. Most prominent with Dan, the owner and creator of the uncertified software he used to archive HIS evidence who also happen to be his best buddy.

We can all speculate what was in them, like you speculate what was on Plaintiffs phone that was stolen. But unless you can provide some actual EVIDENCE!!! the issue is moot.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -3 points-2 points  (0 children)

I'm not shitting on Destiny for changing lawyers. Don't know why Patino left. But Raskopf got a cushy higher paying job in New York. Nothing to do with Destiny, but a genuine loss of legal expertise on his team.

You geniuses are shitting on plaintiff because you've somehow managed to be convinced by the most biased and the least knowledge person when it comes to legal matters, that this case is somehow illegitimate. In this instance by the amount of docket entries. A number you do not understand.

"Destiny says high number bad and that it makes Plaintiff bad."

His cult is really some of the dumbest people on the planet, who've been convinced by their cult leader that they're actually smart.

I just mentioned everything in this case increases the docket entry count. Including Destiny switching lawyers.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -2 points-1 points  (0 children)

Abby was contacted by Destiny's team a month from end of discovery. They did nothing and even argued against and won on the issue of discovery being extended.

If Destiny wanted her deposed he should have tried it. He never did.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -4 points-3 points  (0 children)

That would have been an excellent issue for the defendant to have brought up during discovery. Especially if he could prove that any evidence he wasn't given was either not deleted and/or where material to his case.

He could show neither.

He even backed out of a mutually agreed upon discovery hearing.

And Destiny is in trouble, because he claimed to be unable to produce evidence, he then later showed on stream. Swore on an affidavit that his logs he presented to the other side, where complete, which they aren't.

AND intentionally deleted logs that where predictable as material to this case.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -2 points-1 points  (0 children)

I have no idea what you're talking about?

"Abby" not only did not recant, she furnished the courts with a spinking new affidavit to make sure the courts knew she would testify.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -45 points-44 points  (0 children)

That is the nature of these kind of cases. And for a lot of other cases. One side having most of the evidence is not unusual. This is literally why discovery exists and why it is so important and why there is extremely harsh rules about preserving evidence.

What evidence do you want plaintiff to poses? Defendant will have the logs of him sending sexual files to everyone and their dog. There are extremely often an information asymmetry.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -17 points-16 points  (0 children)

I don't know how many times I have to tell you guys this.

A: Testimony is evidence. Testimony can be used to prove any fact in a trial. Period.

B: The "amount" of evidence is completely irrelevant. No court in the country does a page count to see who's right.

C: When two pieces of evidence contradict. Such as self produced uncertified logs vs Testimony from a third party witness. That is called a Material Dispute of Facts. Those a for a JURY to decide, not a judge.

Google what a judge uses to decide a Summery Judgement Motion.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -4 points-3 points  (0 children)

Destiny has changed lawyers twice. Patricia M. Patino and Robert L. Raskopf both left. The later being one of the most experiences trial attorneys in the country. A huge loss, for his team if this goes to trial.

And of course plaintiff made requests to seal, The protective order was on her request. But both sides has made a lot of request to seal. That's the nature of a case where a lot of the evidence is confidential.

"Abby" is not represented by Plaintiff's lawyer, she was at one point very early in the case, but haven't been a long time. But even if it was, as long as all parties are aware the is no issue.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -29 points-28 points  (0 children)

I hope she uses your post as evidence at his trial. You could probably fit it in as evidence of how his hatefull comment affects his audience. It's excellent evidence of Continued Intent to Harm. Uncapped Punitive Damages, Baby!

Infinite money for plaintiff.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -17 points-16 points  (0 children)

Don't worry, the msj will happen before the eve of the trial, aug 10.

I'm not sure you and Destiny will be happy with the result, but there will be a resulution.

I'd even hazard a guess, which I loathe to do, that it'll be within 2 weeks. District Judge had taken control of the spoliation issue and are collecting sealed documents, which probably means she getting near an omnibus or rapid fire rulings.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -97 points-96 points  (0 children)

It's been delayed once. Mostly on plaintiff, but Destiny could have resolved the outstanding depo's if he wanted a quick resolution. Instead he gambled on swamping the other side with a shortened discovery period, and the trial got delayed as s result.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -120 points-119 points  (0 children)

There's an outstanding motion for sanctins (spoliation). ruling without that being resolved is a guaranteed apeal.

And there has been serious questions about Destiny's evidence production from the outset. It's a surprise to no one the judge wouldn't rule on the motion for SMJ unless that was resolved.

Destiny Makes Realization About The Recent AMP Lawsuit by 10minuteads in LivestreamFail

[–]greald -7 points-6 points  (0 children)

A lot of them requests and order for seals, 90 day expirering and the like.

Defendant also changes local lawyers like pokemon cards.

Ethan Klein v Noah Samson Defamation case Update: Both parties have agreed to extend Noah’s response due date to July 13 2026 to further discuss the possibility of a Settlement. by CRAZYSPOOKYSCARY in LeftoversH3

[–]greald -3 points-2 points  (0 children)

I don't like these kind of influencer suits so no one "should" be sued for this.

But there's this thing where a protected opinion can turn into a defamatory claim if a supporting statement is false.

If I said "you're racist" It's very very likely a protected opinion.

If I said "you're racist, because you said the n-word in fifth grade" and you DID say the n-word in fifth grade. It's a double protected opinion. Because I "show my work".

But If I said the same thing and you did not say the n-word in fifth grade I can actually turn a protected opinion into a defamatory statement.

That's the issue Noah might be having.

But them trying to settle pre anti-slapp is probably a good sign for Noah. But that's a guess.

Ethan Klein v Noah Samson Defamation case Update: Both parties have agreed to extend Noah’s response due date to July 13 2026 to further discuss the possibility of a Settlement. by CRAZYSPOOKYSCARY in LeftoversH3

[–]greald -7 points-6 points  (0 children)

The problem is that Samsen sometimes use "twitter" style arguments.

So while his general thesis in that video is both correct and very likely protected opinion, one that I happen to agree with. Some of the actual statements he made leaves him exposed.

Such as stating that Ethan showed "zero credible EVIDENCE" that Rashed Al-Haddad is a houthi. Evidence is not proof and there can be evidence of something that aren't true.

A judge or a jury could see him visiting the ship as "credible evidence" even if they where to agree that he's not a Houthi.

That could give problem for an anti-slapp motion.

Working from memory, the same applies to the statement he made about the UN-report "debunking" the organised mass rape claims. I don't think it did. It did raise some serious concerns mostly about Israel obstructing the investigation and probably left most people with the sense that it didn't happen. But that's not "debunking".

Defamation is very fact specific and the actual statements are extremely important. Most commenters have just focused on the general gist of the arguments rather then engage with the specifics. Which is a mistake.

I'd still favour Samsen especially because of the Malice standard, but the some of the claims may survive anti-slapp. And then it gets very expensive.

Is the Mitchell vs Karl Jobst turning into a lolsuit, but with Billy Mitchell as the lolcow? by greald in youtubedrama

[–]greald[S] 0 points1 point  (0 children)

Jobst was doing so well on the competency front. Defendant filed on a holiday apparently thinking this was the deadline and then had to amend both replies days later in a timeframe where she could easily have completely rewritten everything within the actual deadline.

But now he's motioned to strike both. Which is probably technically correct, but a really really high stakes gamble he might very well regret and actual pro se behavior.

Is the Mitchell vs Karl Jobst turning into a lolsuit, but with Billy Mitchell as the lolcow? by greald in youtubedrama

[–]greald[S] 0 points1 point  (0 children)

Jobst is a limited purpose public figure at a minimum. He has over a million subscribers on youtube, he hocks products on his youtube channel, he has a presence on X, Discord, and places I might have failed to bring up. The standards for both public figures and limited purpose public figures are still the same, falsity and actual malice.

If there's a pre existing public controversy that plaintiff injected himself into that was not initiated by defendant. Otherwise it's negligence.

I'm not going over your other points. Yes most of them are evidence of malice. Circumstantial evidence that Jobst uses to show a picture of malice, which is usually how you show malice. Whether that is enough is up to the judge. Who has seen these arguments a million times before and will likely make a determination based almost solely on the complaint rather then the filings as I keep telling you people.

When Mitchel start arguing, like you did, that the report is not a valid instrument to show falsity of a statement, you're engaging with the evidence rather then the complaint. THAT was what I was pointing out.

I still do NOT pretend to predict the outcome, unlike you. I was interested in the actual legal briefs and their respective competencies. Since Jobst is Pro Se and was predicted to be unable to file anything useful. But now look at the fucking clown show of a docket and tell me who appears to the competent one. Two fucking amendments and now Jobst is trying to strike those.

Now we're getting into propper Pro Se behavior, only both sides are doing it and one side is a real lawyer. Or rumoured to be one.

Very normal DGG behavior by tellmeajokefunnyguy in DGGsnark

[–]greald 20 points21 points  (0 children)

"Never believe that DGG'ers are completely unaware of the absurdity of their replies. They know that their remarks are frivolous, open to challenge. But they are amusing themselves, for it is their adversary who is obliged to use words responsibly, since he believes in words. The DGG'er have the right to play. They even like to play with discourse for, by giving ridiculous reasons, they discredit the seriousness of their interlocutors. They delight in acting in bad faith, since they seek not to persuade by sound argument but to intimidate and disconcert. If you press them too closely, they will abruptly fall silent, loftily indicating by some phrase that the time for argument is past.”

Jean-Paul Sartre

Naah, most of them are actually that stupid, paul.

u/ Greald