William James Mitchell vs. Twin Galaxies LLC, Jeff Harrist & Jeremy Young & donkeykongforum.com, Benjamin Q Smith -

FreeHugsCheap

Incredibly huggable
kiwifarms.net
If what is claimed in Twin Galaxies' counter-suit is true then Billy and the original owner Walter Day are in very hot water. The fraud claims are pretty damning, and there is plenty of evidence put forward that shows just how much damage Billy's cheating has done the company.

I don't think Mitchel realized just how badly this would go if he made it worthwhile for Twin Galaxies to actually dig into his past. Billy better have an amazing lawyer because TG is out for blood.
 

nohm

kiwifarms.net
Twin Galaxies is appealing the denial of their anti-slapp motion. Billy's lawyer requested that the $82,000 bond that he only has a week left to post be stayed because all the depositions Twin Galaxies wanted him to pay for are now on hold for up to 18 months. It was denied.

1605873056612.png
 

Kendrick

Do not believe anything I say.
kiwifarms.net
Twin Galaxies is appealing the denial of their anti-slapp motion. Billy's lawyer requested that the $82,000 bond that he only has a week left to post be stayed because all the depositions Twin Galaxies wanted him to pay for are now on hold for up to 18 months. It was denied.

View attachment 1739035
Wait, that's highly confusing.

This is Billy's case, right? And he's the Plaintiff? He did an Ex-Parte motion to stay discovery? WTF is going on here?

And got anything about Twin Galaxy's filing? You only posted a screenshot of the judge's response to Billy.
 

I can't imagine

kiwifarms.net
Wait, that's highly confusing.

This is Billy's case, right? And he's the Plaintiff? He did an Ex-Parte motion to stay discovery? WTF is going on here?

And got anything about Twin Galaxy's filing? You only posted a screenshot of the judge's response to Billy.

Billy was arguing that because TG filed an appeal against the anti-SLAPP motion decision, no discovery would be done until after the appeal could be completed; also, if the appeal succeeded, then there wouldn't be any discovery at all. Ergo, there was no reason for him to put up the cash yet. The court, apparently, disagreed.

As to TG's counter-suit, there's a pretty good breakdown of the filing on the DK forums. It's not the full filing (correction: I think it actually is, just broken up between miscellaneous asides by the poster), but it does give you most of the relevant parts. I'm no lawyer, but it does smell a bit lolsuit-y to me, particularly the gimmicky request for relief and somewhat ambitious inclusion of civil RICO in the claims. Someone with more actual knowledge could probably assess the actual validity of the claims made better than I, though, so I'll reserve judgement.
 
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AnOminous

each malted milk ball might be their last
True & Honest Fan
Retired Staff
kiwifarms.net
Twin Galaxies is appealing the denial of their anti-slapp motion. Billy's lawyer requested that the $82,000 bond that he only has a week left to post be stayed because all the depositions Twin Galaxies wanted him to pay for are now on hold for up to 18 months. It was denied.

View attachment 1739035
I actually really like this judge. He has made it really rough on Billy while refusing a SLAPP motion that (imo) was not actually appropriate considering the actual legal circumstances. I think Billy actually presented a legally sufficient (i.e. colorable) case, not vulnerable to the SLAPP statute.

I guess we'll hear from an appeals court, but I think the trial court's opinion is pretty solid.
 

DragoonSierra

kiwifarms.net
I actually really like this judge. He has made it really rough on Billy while refusing a SLAPP motion that (imo) was not actually appropriate considering the actual legal circumstances. I think Billy actually presented a legally sufficient (i.e. colorable) case, not vulnerable to the SLAPP statute.

I guess we'll hear from an appeals court, but I think the trial court's opinion is pretty solid.
The denial of Billys motion means that he still has to put up or shut up. What happens if he doesnt?
 

mindlessobserver

True & Honest Fan
kiwifarms.net
If he had a competent lawyer the very first question would have been "did you cheat?". If the answer is "Yes". Said competent attorney would then explain why a lawsuit would be a very bad idea. Defense discovery would be a stone cold bitch, and oh shit the liabilities.

Odds are good though this idiot lied to his attorneys like he did everyone else and maintained his innocence. From the sounds of things Twin Galaxies is holding the nuts in this hand and all he has is a busted two pair. They've even told him with a counter suit that they have him dead to rights. Be fascinating to see just how self deluded willie is.
 

Kendrick

Do not believe anything I say.
kiwifarms.net
If he had a competent lawyer the very first question would have been "did you cheat?". If the answer is "Yes". Said competent attorney would then explain why a lawsuit would be a very bad idea. Defense discovery would be a stone cold bitch, and oh shit the liabilities.

Odds are good though this idiot lied to his attorneys like he did everyone else and maintained his innocence. From the sounds of things Twin Galaxies is holding the nuts in this hand and all he has is a busted two pair. They've even told him with a counter suit that they have him dead to rights. Be fascinating to see just how self deluded willie is.
Dude started his litigations pro se THEN lawyered up. Who knows what he said to his lawyer before hiring them?

Billy's gathered a reputation of using the law as a cudgel to stop any criticism. Either the lawyer is doing this without knowing everything, or he's learning filing by filing how shitty his hand has been drawn.
 

fat ugly sped

kiwifarms.net
Billy was arguing that because TG filed an appeal against the anti-SLAPP motion decision, no discovery would be done until after the appeal could be completed; also, if the appeal succeeded, then there wouldn't be any discovery at all. Ergo, there was no reason for him to put up the cash yet. The court, apparently, disagreed.

As to TG's counter-suit, there's a pretty good breakdown of the filing on the DK forums. It's not the full filing (correction: I think it actually is, just broken up between miscellaneous asides by the poster), but it does give you most of the relevant parts. I'm no lawyer, but it does smell a bit lolsuit-y to me, particularly the gimmicky request for relief and somewhat ambitious inclusion of civil RICO in the claims. Someone with more actual knowledge could probably assess the actual validity of the claims made better than I, though, so I'll reserve judgement.

There's totally a point to have Billy put up the bond: if he has no intention of following through with the lolsuit, then the lack of bond makes things obvious and they can all stop wasting the court's time.
 

I can't imagine

kiwifarms.net
There's totally a point to have Billy put up the bond: if he has no intention of following through with the lolsuit, then the lack of bond makes things obvious and they can all stop wasting the court's time.

I got the reasoning behind the decision, but I figured actually articulating the argument he was making would still be useful for the thread even if it didn't work.
 

AnOminous

each malted milk ball might be their last
True & Honest Fan
Retired Staff
kiwifarms.net
Dude started his litigations pro se THEN lawyered up. Who knows what he said to his lawyer before hiring them?
I thought he had some statute of limitations that was about to run out so he had to file before then. That's one reason someone might file pro se without being completely insane. If you then find a lawyer they can amend anything you (probably) fucked up.
 

Spectre_06

My views do not reflect the Kiwi Farms in any way.
kiwifarms.net
So allegedly, Benjamin Q Smith--also known as Apollo Legend--has killed himself if this is to be taken seriously. I'll look a bit more into this. The video itself is just 40 seconds of black screen and he wants you to read the description.


EDIT:

Keemstar and Tipster are trying to get in touch with him to se if he's gone through with it. There are some red flags but nothing concrete to point to the guy killing himself. Tipster jumped the gun, Keem went off on Tipster because of it. It should be noted that allegedly Billy and Apollo Legend came to an agreement to drop the claims against Benjamin in return for Billy being given the rights to all the videos on Billy on his channel, and they were recently deleted. No idea how legitimate that is, but that's what I'm hearing.
 
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nohm

kiwifarms.net

Please download and share https://www.mediafire.com/file/i35vo3hcex0r3zu

I love you all.

Thank you to DarkViper and EZScape for giving me the final push that I needed.

I tried to hold myself back in the video but I can’t help it. People have no clue what I deal with everyday. When I was about five years old my dad threw me on the ground and covered my mouth and nose to where I couldn’t breathe and screamed into my face because I wanted to play some game that he was playing and that’s how he treated us everyday. I couldn’t even tell that story without crying until I was 18 or so. I have scoliosis which causes my back, hips and shoulders to ache constantly. I’m sick everyday, I throw up often. My medicine makes me vomit but then if I don’t take it I vomit. My body is completely useless, I can’t do anything. I’m completely out of my mind, all my thoughts are so painful and aggravating and because I’m mentally ill everything I say online gets used to make me look like a bad person. I’m not a bad person, I’m under incredible stress. Try living with this much pain and let’s see the decisions you make. That’s only the stuff I’m comfortable talking about, there is more that’s even worse.

The speedrun community are such hypocrites. They pretend to care so much about everyone’s feelings and then in the same video they call you retarded scum, I know I exposed people for cheating but I never said anything like that. They tell me they agree with me privately and then publicly betray me. If I complained about my life all the time then I bet they’d see me as relatable but because I try to push through it and act normal, they hate me.

My greatest thanks to Tom, Jonas, Nick, Brad, Sonfloro, Tipster and Keem for being great friends even if I didn’t always give you a reason.

This is the GoFundMe he mentioned in the video.


1609381337700.png
 

I can't imagine

kiwifarms.net
So allegedly, Benjamin Q Smith--also known as Apollo Legend--has killed himself if this is to be taken seriously. I'll look a bit more into this. The video itself is just 40 seconds of black screen and he wants you to read the description.


EDIT:

Keemstar and Tipster are trying to get in touch with him to se if he's gone through with it. There are some red flags but nothing concrete to point to the guy killing himself. Tipster jumped the gun, Keem went off on Tipster because of it. It should be noted that allegedly Billy and Apollo Legend came to an agreement to drop the claims against Benjamin in return for Billy being given the rights to all the videos on Billy on his channel, and they were recently deleted. No idea how legitimate that is, but that's what I'm hearing.
The part about transferring the ownership and deletion of videos were both stated by Apollo (it's upthread a couple pages), so presumably they're true.
 

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