George Ouzounian v. Dax Herrera et al (2017) -

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RadicalCentrist

kiwifarms.net
ALERT: If you are new to this thread from the homepage, here's a good summary of the autism shitstorm
Updates: Dax has bought Maddox's debt legally and can now fuck with him as much as he wants

George "Ouzounian" is former internet funnyman Maddox, whose site was much beloved for it's at-the-time (early 2000's) edgy vitriol Maddox's career has waned since the name has become associated with the sad reality of the author, a balding Armenian dough boy. "Dax" Herrera is the much more notable host of the "Dick Show" featuring his trademark much-more-relevant edgy humour. In 2014, Maddox launched the "The Biggest Problem in the Universe" podcast and invited Dax to join him. Said podcast was quite successful and ran for two years, until ending in the inevitable drama. For more information, please check out the Maddox thread embedded in this sentence. Having enough of internet mockery, Maddox took the entirely rational step of suing everyone even remotely involved or the reasonable sum of 20 million, including lawyer fee's. You can see all the documents in this case on New York's court webpage, here.

So who all is getting sued? It's quite the list. Dax Herrera himself, who after a campaign of actual harassment from Maddox decided to mock him; Dax's company Foundation Digital, a search engine optimization firm that no doubt worked for free to further harass the plaintiff; Trevor Birt, a comedian who created the "MadCucks" parody character; Asterios Kokkinos who sponsored a music album where the only lyrics are the words "Cuck" after Maddox overreacted to the word; Weber Shadwick, who by employing Kokkinos aided and abetted his "campaign to harass the plaintiff;" Joshua Kaufman, legal counsel of Weber Shadwick who did not immediately fire Kokkinos for things unrelated to his job; Patreon, an online begging site, by providing a platform for the defendants to spread abuse and receive compensation for; and finally Jordan Cope, a customer service tech for Patreon who did not ban Dax from the platform for things unrelated to the Terms of Service. You may have noticed that not Kokkinos was sued, but also his employer and his employer's defense counsel. There is more to this than just autism: all are based in New York which boasts one of the most permissible environments for frivolous lawsuits.

Df22z0F.png

An example of harassment worth 20 million dollars. This was pulled from a TRUE and HONEST legal document.

But it was not just Maddox who fully embraced lolcow-ism - his lawyer seems to be exceptional himself. Basing himself in a virtual office in Manhattan, Kevin A. Landau, Esq., has attempted to file for a clerk judgement (for an automatic settlement of 20 million) against Kokkinos based upon a fraudulent interpretation of "summons by" date. Alas, said motion for Judgement has been routinely denied by the court and is no longer visible on the New York Court's webpage. This is in addition to the basing of the case in New York on the flimsiest grounds imaginable. To cap it off, the documents he has submitted are a goddamn mess, 53 pages of tweet's and other goddamn things.

With the rejection of the motion for a clerk judgement by the court, we are currently waiting on all involved parties to submit their paperwork. Barring any judge looking at this house of cards and blowing it all to pieces, of course. To pass the time, you can check page 25 of the initial legal brief attached to this post for a summary of Kiwifarms for a real, live judge.


A blog has been made about Kevin A. Landau's legal career.
 

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Null

Ooperator
kiwifarms.net
It's amazing to me that Maddox looked at a dog bite lawyer and said "Yeah, that's the guy that's gonna make me millions of dollars."
It's been said numerous times by numerous people that it appears he got a random lawyer to simply sign off on the complaint for him, because there's no way anyone who has ever passed the bar should be writing things this hideously unprofessional.
 

DawnDusk

Rose Christo's Brother
True & Honest Fan
Verified Kiwileak
kiwifarms.net
I haven't ever commented on the Maddox lolcow thread because I loved this gentleman in the good old days. Watching him become just another puppet of SJW culture and the antithesis of what made him great legitimately saddens me. Guy was once a hero to me.

That being said, on the actual lawsuit: Kiwi Farms getting mentioned as an example of the damages Dick caused that amount to $20 million deserves a highlight in this thread:


KIWI FARMS
100. On the website Kiwi Farms, there is a forum where Defendant Herrera and Kokkinos’
fans stalk, dox, make false claims, and boast about their harassment of Plaintiffs’, and post
private information about them.
101. Defendant Kokkinos has personally posted to Kiwi Farms, and contributed to the
harassment against Plaintiffs’ there.
102. Defendant Herrera had the administrator and/or owner of Kiwi Farms on his show on
January 17 th , 2017.
103. If Plaintiff Jane Doe’s name is googled in conjunction with Plaintiff Ouzounian, it will
show Defendants’ and their followers, using Jane Does’ pictures and alleging that she has
sexually transmitted diseases. See URLs: http://thedickshow.com/episode33/; and
https://kiwifarms.net/threads/maddoxgeorgeouzouniangeorgeschnoz.24527/page13.
104. Notwithstanding the foregoing, and even though he was clearly aware of the threats,
harassment, and appalling actions and conduct of Defendants’ and their fans, on Kiwi Farms, the
owner of Kiwi Farms, still appeared, and participated on Defendant Herrera’s podcast. The
aforementioned content has not been removed as of this Complaint’s filing.



In addition, here is the new motion to dismiss, courtesy of @He Who Points And Laughs
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=418uU9VBTY1NnHGNBG3png==
 

AnOminous

i will eat your fucking soul
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There's a bunch of new docs.

This one is the legal meat of it. In extreme summary, it leads with a lack of personal jurisdiction as neither the plaintiffs nor the defendants are in New York, almost none of the potential witnesses are in New York, nothing related to the case happened in New York; then also contests service of process; and finally, rather briefly details why the complaint itself is bogus and fails to state any coherent cause of action whatsoever.

It is on behalf of Herrera and Boser.
 
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Doug_Hitzel

A healthy, young man
kiwifarms.net
There's a bunch of new docs.

This one is the legal meat of it. In extreme summary, it leads with a lack of personal jurisdiction as neither the plaintiffs nor the defendants are in New York, almost none of the potential witnesses are in New York, nothing related to the case happened in New York; then also contests service of process; and finally, rather briefly details why the complaint itself is bogus and fails to state any coherent cause of action whatsoever.

It is on behalf of Herrera and Bose.
Hon. Milton A. Tingling: Maddox is a cuck who cannot even prep his bull properly.
Also, check out my mixtape, fam.
CA992DEF-0E92-46B1-9E43-D921B4ADF75A.jpeg
 

Bean Cheese

kiwifarms.net
There's a bunch of new docs.

This one is the legal meat of it. In extreme summary, it leads with a lack of personal jurisdiction as neither the plaintiffs nor the defendants are in New York, almost none of the potential witnesses are in New York, nothing related to the case happened in New York; then also contests service of process; and finally, rather briefly details why the complaint itself is bogus and fails to state any coherent cause of action whatsoever.

It is on behalf of Herrera and Boser.
The word “bald” is mentioned too many times to be a coincidence.
 

RadicalCentrist

kiwifarms.net
There's a bunch of new docs.

This one is the legal meat of it. In extreme summary, it leads with a lack of personal jurisdiction as neither the plaintiffs nor the defendants are in New York, almost none of the potential witnesses are in New York, nothing related to the case happened in New York; then also contests service of process; and finally, rather briefly details why the complaint itself is bogus and fails to state any coherent cause of action whatsoever.

It is on behalf of Herrera and Boser.
If the case is dismissed on behalf of two of the defendants, is it ended completely or does it continue against other defendants? Assuming nothing else changes in the foreseeable future and considering Patreon broke out the Partners in Sodomy crew.
 

AnOminous

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If the case is dismissed on behalf of two of the defendants, is it ended completely or does it continue against other defendants? Assuming nothing else changes in the foreseeable future and considering Patreon broke out the Partners in Sodomy crew.

If just against them, it continues. The court will probably wait for the other defendants to file answers/responsive motions/etc. before doing anything, though. I'd be disappointed if it just got dismissed on personal jurisdiction because that would mean it could be filed elsewhere, and the Biggest Cuck in the Universe would get away without having to pay legal fees (except maybe to Patreon under that contract he agreed to when he signed up for his account).

Patreon has an arbitration agreement with practically all these defendants, who mostly have Patreon accounts themselves. They also have a choice of law and venue clause that puts venue in California under California law. The "nicest" thing they could do, as far as most of these defendants are concerned, is move the case to California, insist the whole shebang be resolved in front of arbitrators they more or less own, and then make Maddox pay for every penny of it.
 

AnOminous

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Notably, the motion points out that while the Cuck is complaining about libel, the novel-length whiny complaint literally doesn't list a single allegedly defamatory statement made by Asterios.
 

AnOminous

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This is a really good piece of legal writing:
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gzEU/wHlDa2H/0QvvmQ4aA==

Basically, the Biggest Cuck in the Universe's lawsuit is so badly drafted that whoever wrote this got to give a mini-dissertation on civil procedure and numerous causes of action for the benefit of the court. I wouldn't be surprised if the order and opinion dismissing the case just flat out copies some of its language.

Would this expiration date cause the lawsuit to be invalid or cause complication?

From the Motion to Dismiss, it looks like the defendant either didn't notice or, more likely, chose to ignore this trivial failure and just go for throwing the case out on its merits. The reason is probably because dismissing the case on a procedural ground like failure to serve is without prejudice.

Dismissal on its merits would be with prejudice, i.e. the Biggest Cuck in the Universe couldn't bring his nutty bullshit in front of a court again.

It might mean service is not complete. According to NY's page on service of process: "After service has been done, the person who served the papers must fill out an affidavit of service. The affidavit must be sworn to and signed in front of a notary."

I'm not sure if the date on the stamp would matter if she'd actually renewed her commission but just hadn't yet got a new stamp, or mistakenly put down the wrong date. But without a commission, you aren't a notary, and presumably your acts are null and void. It's not likely to make much difference, though. Possibly, it can be fixed nunc pro tunc (i.e. in such a way that renewing the commission acts retroactively), or they can just serve him again. Serving a lawyer is about the easiest thing in the world, which makes it doubly fucked up that in this shitshow of a lolsuit, they managed to fuck up even that.
 
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H

HG 400

Guest
kiwifarms.net
I'm surprised nobody is asking for sanctions on Lionel Hutz.
 

Null

Ooperator
kiwifarms.net
I'm surprised nobody is asking for sanctions on Lionel Hutz.
Asking for sanctions would probably prolong the suit and so far everyone is just trying to bail out. If something sticks to any of them past the motion for dismissal you'll probably see blood.
 
H

HG 400

Guest
kiwifarms.net
Not this well.

What do you think would happen if instead of writing these massive arguments tearing Cuck's bullshit to shreds, a defendant just filed "lol this is dumb pls dismiss it"? I don't understand why, when it's a load of garbage that fails to actually state a claim, they can't just let it speak for itself.
 

AnOminous

i will eat your fucking soul
True & Honest Fan
Retired Staff
kiwifarms.net
I'm surprised nobody is asking for sanctions on Lionel Hutz.

New York State has no real SLAPP statute, making it a great state for a frivolous lawsuit. They have provisions for sanctions, but I guess everyone involved so far has decided it wouldn't be worth the effort. They really should at least report this assclown to the Bar Association, though. Everything about this suit has been at least incompetent when it hasn't been outright malicious.

What do you think would happen if instead of writing these massive arguments tearing Cuck's bullshit to shreds, a defendant just filed "lol this is dumb pls dismiss it"? I don't understand why, when it's a load of garbage that fails to actually state a claim, they can't just let it speak for itself.

If you don't oppose an argument or miss a valid claim, the thing goes on, and now you have a bigger problem. Also, the judge doesn't necessarily want to invent the wheel when he doesn't know anything about the parties or the history of the parties.

You also want the judge to incorporate your reasoning into the final decision, so if the same idiot brings a similar lawsuit in the future, he's already been ruled against.
 
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