Author Topic: Twin Galaxies Response and Anti-Slap Documentation!!...  (Read 14063 times)

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Offline Weehawk

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Offline RTM

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #16 on: July 01, 2020, 07:31:16 pm »
theres room semantics debate whether or not you likened billy to cosby

you suggested just as billy cosby has reprecussions in his business/reputation/persona because of his actions likewise billy's action should have reprecussions

so a parallel to cosby was definitely drawn. wasnt really saying the crimes were equal but was saying it set a precent on how actoins effect, i dont remember the exact words



RTM REPLY - I actually forgot about that one...thanks for finding it. However the intent here is quite clear. Cosby's business/personae took a hit just as Lance Armstrong's did, Mark MaGuire and any of the PED players, etc. Wasn't likening him to Bill in terms of being a sex offender, that much is not stated at all. But Billy can make of it whatever the heck he wants. He's quite literally grasping at straws at this point.

     In fact he will probably read this at one point so here's another. Billy's acting much like the same spoiled brat/egomaniac representation of him in that now-classic "South Park" episode...can't be thought of as "number two" in anything. Challenge THAT analogy in court Mr Mitchell :)
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Offline RTM

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #17 on: July 01, 2020, 07:51:15 pm »
Now that I think of it, I stand by likening his situation to that of Cosby. Cosby is lying his a** off to salvage what's left of his reputation even in light of overwhelming evidence. So the analogy is quite appropriate. He's a liar, just like Cosby. He's doubling down even in the face of overwhelming physical evidence against him.

Fact is that in this whole record-keeping business there are no "statutes of limitations" involved which can block any evidence from being used at trial.

Also...a record keeping organization cannot be forced to recognize a record. Guinness caved in and should not have. Guinness has every right to flat-out dump recognition on ALL previously recognized records and no one can say a dang thing about it. TG has the same right to flat-out dump all records pre-Jace administration if it chooses to do so. No lawsuit in the world can block that from happening.

JUST like you can't force an "impartial" organization like the IGHOF to accept a nomination of someone they don't like...such as a Rudy Ferretti...because of some "ethics" clause they came up with (the irony of which is inescapable).
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Offline maximumsteve

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #18 on: July 02, 2020, 03:05:51 am »
Snowflake. Read my post where I mention "cutting through the fat" of the Doc to view all of that stuff like text messages and Declarations that are 100% lies.
Basically the TG Reply, Carlos Pineiro's and my declarations and Hall's declaration will show all of these things for reference, but it's good to read what Bill is claiming in his declaration, and then cross referencing that with the evidence we provide.
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Offline RTM

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #19 on: July 03, 2020, 12:02:23 pm »
Hypothetically speaking, what if, in the here and now, Billy were to call for a press conference to announce a new world record on DK (or DK jr, for that matter) ? Makes you wonder how that would go, so while I have a few minutes left from lunch at work, I'll take a stab at it.

     ***********************

Billy Mitchell (BM) - "Good morning. In recorded history there have been several milestones which transcend human achievement. In 1953 Edmund Hillary was the first to climb Mount Everest. In 1954 Roger Bannister was the first to break the 4 minute mile. And in 1969, Neil Armstrong became the first man to land on the moon. These achievements epitomize mankind's sheer will and determination to do what has never been done before, and these feats are forever emblazoned into our minds and into our hearts."

"With that in mind, I hold now in my hand (tape being raised) the world's highest score ever recorded on 'Donkey Kong', and I humbly take my place alongside these other individuals and their historic achievements".

Reporter - 'Billy, what score did you get ?"

BM - "I don't want to spoil the surprise as I am arranging to have a special invitation-only unveiling at the Ottumwa, Iowa movie theater this coming Sunday, and no camera or recording devices will be allowed".

Reporter - "How do you get an invite, and who will be invited ?"

BM - "The theatre is small and only allows for a hundred people or so, but already almost a dozen seats have been pre-assigned to friends and colleagues who have supported me over the years all throughout. I'm sending out personal invitations to selected media representatives which have worked with me over the years and they will end up spreading the word to the masses as to my achievement"

Reporter - "But without recording devices, or an impartial panel of experts, how will your score be verified ?"

BM - "No need. This score is not for submission to any record keeping organization. I want the word to know that I am above such concerns at this point in my life, and I am content with just being known as the greatest 'Donkey Kong' player of all time"

Reporter - "But without a formal and impartial team of adjudicators, how will anyone know or even believe that the score is for real ?"

BM - "Because I'm Billy Mitchell" (pause) "And because you can't spell 'because" without the letters 'S, U and E' "

Reporter - "Can you give us any insight as to how the performance was done, who witnessed it, and anything else that you feel is relevant ?"

BM - "The performance was done, as always, on an official 'Donkey Kong' boardset which I had personally authenticated and installed, all documented, and witnessed by over a dozen people. Four separate cameras were recording the event, one on the screen itself, one from the side of the game so you can see me standing, one from behind the game so you can see no one opening and closing the back door while I am playing, and one from overhead looking straight down so you can see my hands on the joystick. No one else in history has had their video game performance filmed by four cameras at the same time before. That's another historic first."

Reporter - "But is there a camera that shows both the screen AND your hands moving the joystick at the same time ?"

Another Reporter - "Or the full chain-of-custody from who validated your boardset and when to it's being installed, including your game performance ?"

BM - "Thank you all for attending and for your continued faith and support in my being the best 'Donkey Kong' player in human history. I know in my heart that Edmund Hillary, Roger Bannister and Neil Armstrong are all smiling down at me right now, so I'm giving them all a big thumbs-up (Billy raises his thumb up) at them. Good call, guys !!" (Billy starts to walk away)

Reporter - "Billy, wait !! Just one more question...when do we find out if we're invited to the special showing ?"

BM - "In two days, some people...maybe even some of you right now...will have witnessed the greatest single performance of 'Donkey Kong' in recorded human history. And for those who did, I'm sure that their accompanying article will reveal who they were. That's the plan, and as you all know, Billy Mitchell always has a plan !!"

     *****************************

And so you have it, a hypothetical press conference of Billy announcing a new world record on "Donkey Kong" !! It COULD happen :)
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Offline maximumsteve

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #20 on: September 29, 2020, 02:06:30 pm »
SO Many Lies... So Little Time...
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Offline ersatz_cats

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #21 on: October 11, 2020, 06:07:40 am »
Howdy! Another quick update on the Billy vs TG case. Nothing earth-shattering, but I've been going through recent legal filings, and I found a few other things people might be interested in.

TG recently filed a "motion for undertaking", which would require Billy to fork over a deposit to cover legal fees TG is likely to be awarded in this case. On October 7, along with the filings regarding the recently revealed audio recordings of Billy and his "Top Secret" plot (read this if don't know what I'm talking about), TG also filed a reply in support of that motion for undertaking - part of the back-and-forth going on between both parties over various facts of the case. In that filing, TG's lawyer, David Tashroudian, provides a very handy chart:












One of these items (number 3), I'd like to go into in a little more detail. One of Billy's current stories is that Carlos was not working on his behalf, and did not represent him. Basically, Billy wants us to believe Carlos was just some rando off the street who other people (Rob Childs, Steve Kleisath) had roped in, and that Billy had nothing to do with him or his technical analysis. (And thus Carlos' technical conclusion would carry no weight... I guess?) First item shown is from a lengthy text message conversation between Billy and Jace, as was published in Jace's declaration filed on June 26. Here's a tiny bit more from that convo:



This was the day of that long Facebook livestream during the dispute, if you remember that.

Anyway, yeah. "Carlos had sent me something to send to you..." But no, Billy didn't know the guy at all, of course. Didn't have anything to do with his autonomous attempts to study the case completely of his own accord. Of course.

The next part of this is actually pretty wild.



Okay, there you have a group message, with Billy, Jace, Carlos, and the late Joel West. (This is from Carlos' declaration filed on June 26.)  Here Billy outright states "Joel has the authority to speak for me and request such things as he is the coordinator of my effort. The technical end is headed up by Carlos. Hope this clarifies any confusion."

Hope

this

clarifies

any

confusion.

Oh, but it gets better! Obviously, like the accomplished lie-smith that he is, Billy has to come up with yet another new story to explain away all this evidence that, yes, Carlos really did collaborate with Billy on his defense. Billy's new story?



Yes, you read that correctly. His story now is that Joel West (who has passed away and can't speak for himself) sent him that text exactly as is, that Joel asked Billy to forward it straight to Jace, that Billy never even read it before doing so, and that Billy soon called Jace to verbally inform him that this text message said the exact opposite of what he meant to say (on a phone call which, of course, there would be no recording of, as both participants live in "two-party" states).

As evidence, Billy helpfully provides a screenshot of what he claims was the text message Joel West sent to him earlier that day:



But as TG in their chart above point out, there are two big problems with Billy's "I didn't even read it" story. First of all.... Really? You just fire off stuff in your important high profile case without actually reading it? Second of all.... Still, Really? Okay, but seriously, notice how Billy changed his signature on the message from "Billy" to "BM". So he obviously interacted with the message a little more than simply firing it blind to the next person down the line. And finally, as you might notice, Billy didn't just forward it to Jace as asked. He sent it to Jace AND Carlos AND looped Joel back in on the conversation as well.

Here's that same message from Jace's perspective, from his June 26 declaration:



Why would Billy know to include those exact four people on a message he claims he never read? (Not to mention his claims that he never collaborated with Carlos, lol.)

Notice how in Jace's screenshot, Billy's text was sent at 8:28 AM (Pacific time), while in Carlos' it was sent at 11:28 AM (Eastern time). Just throwing that out there.

Tashroudian then references yet another text message from Billy to Carlos. Interestingly, this message was not included in Carlos' June declaration, but was included in a new recent declaration on October 7:



Yup. Billy asking Carlos to send their request for more time to Billy first, and he will send it to Jace after coordinating with Joel to make sure the requests match. And this was (checks stopwatch)... Great Scott!! Two minutes after the text we are asked to believe Billy forwarded without reading. Oh, this is heavy.

(Since someone will no doubt nitpick what I'm saying, no, the message being two minutes after the other has no bearing on whether Billy genuinely read the Joel message before forwarding it, although we have established that he did. But this definitely has bearing on Billy's current claims that the forwarded message didn't represent him and that Carlos was not a welcomed member of Billy's defense at that time.)

Okay, that's all for the above chart (and the Back to the Future references) for now, but while I was going back to original sources for these screenshots, I found this nugget among the text messages from Billy to Carlos back in the June declaration:



Geez, Billy. You know lying to the court is called perjury, don't you?

Anyway, the rest of the above chart is self-explanatory, and that almost wraps things up for today. But in thinking about that chart, I went back to thinking about another chart I'd seen, one in David Tashroudian's declaration on September 22. Here, he's basically outlining many of the costs that will be associated with litigating this case. This is because, again, TG is petitioning the court to require a deposit from Billy to cover these costs since TG is likely to prevail. Check out this list:













So here's a question.................... Do Billy's witnesses know this is going on? I'm not talking so much about people like Walter Day and Todd Rogers, I mean the "day players" further down the list. It seems likely they were just asked to sign some statement written by Billy Junior, and told no one will ever see this and this'll never go to court. That's what they told Carlos. From the sound of things, many TG-friendly witnesses are willing (perhaps some are even eager) to make themselves available for testimony. Do Billy's old high school friends and mortgage broker acquaintances know they're about to get a very scrutinous visit from the Mighty Mr. Tash?

And exactly how much confidence should they have that the current party line of when, where, and how Billy's DK scores were allegedly achieved isn't going to be undercut yet again by another old interview? Or by yet more text messages TG continues to withhold until needed (as they did with the newly published Billy-Carlos one)? Or by the fabled FAMB photos which are said to exist? Or by yet more audio recordings just waiting to be released?

For what it's worth, I still don't think we've found the last archival girder finger out there on the Internet. The previous one was only found by going to the MTV website and site-searching for "Mruczek", bringing up an interview that was not known to exist. Evener came pretty close last year, finding footage from CGE 2005 in the UK, which established many things but luckily for Billy failed to show a transition screen. Still, at this point, the next big discovery seems inevitable.

So who's going to be the next of Billy's pals to say "Hey, you know what, maybe I don't want to be a part of this after all"?
« Last Edit: October 11, 2020, 06:36:17 am by ersatz_cats »
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Offline History Man

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #22 on: October 11, 2020, 06:43:50 pm »
Regarding the purported text message from "Joel West Bezerk": The word is "berserk," and the game is "Berzerk," and it would seem odd to me if Joel hadn't known that.

https://www.charlotteobserver.com/news/local/article223099235.html
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Offline RTM

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #23 on: October 11, 2020, 07:36:43 pm »
I am SO glad that I never signed that "hush money" request from Joel West back in Dec/13 which would have blocked me from speaking out against Walter and Billy for ten years to come.

I wonder if someone this court case can reveal once and for all who the people were who DID sign it so everyone can cross-check which of those also have been radio-silent against Billy since then. That would explain quite a bit.

Now that actual and legal depositions are imminent, let's see how many of those people are now going to regret having signed those earlier affidavits on his behalf.

I wonder if when Billy himself is deposed whether he will be mentioning any more dramatizing statistics such as how many planes Eddie Rickenbacker shot down, or analogies such as how his plight can be equated to that of the Kennedy assassination (or whatever that specific analogy he recently used was). He won't be able to hold up pieces of paper stating how they will prove this or that.



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Offline Snowflake

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #24 on: October 11, 2020, 08:20:35 pm »
Regarding the purported text message from "Joel West Bezerk": The word is "berserk," and the game is "Berzerk," and it would seem odd to me if Joel hadn't known that.

https://www.charlotteobserver.com/news/local/article223099235.html

especially considering the context in which it was brought up i also was suspicious of the authenticity but i wouldnt read too much into the name error.  most phones you can nickname your pals, so that could just mean billy misspelled it as opposed to anything more sinister
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Offline ersatz_cats

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #25 on: October 28, 2020, 07:19:48 pm »
Earlier I posted a quick update about today's anti-SLAPP ruling to Reddit, and the mods removed it. While it's not directly speedrun related, this lawsuit has major implications for gaming scoreboard adjudication. I'm going to contact them, but I want this somewhere I can link, so I'm posting it here for now:



The judge in the Billy Mitchell vs Twin Galaxies case has issued two rulings this week, including a new one on Wednesday. Unfortunately, there's been some misunderstanding and miscommunication on what exactly these rulings mean, so here's a quick update on both:

First, on Monday, a ruling was announced on TG's "motion for undertaking". Basically, because Billy lives out of state (the lawsuit is in California), and because the court found that TG has a high probability of prevailing at trial, Billy will be forced to fork over a deposit north of $81k to the court, to be used in the event Billy loses and is also required to pay TG's court costs. This is NOT an amount awarded to Twin Galaxies at this time, and this does NOT indicate a conclusion to the case. This is a deposit.

Second, on Wednesday, the court issued a ruling on TG's anti-SLAPP motion, denying that motion, and allowing the case to proceed to trial. What this basically means is, Billy has shown a nonzero probability of winning the case (however small), and that various disputed facts will have to be resolved by a jury.

Today's ruling is being hailed by Mr. Mullet as a big victory, while he conveniently disregards Monday's ruling, which I think is much more meaningful. Here's a small bit from page 10 of today's anti-SLAPP ruling:



Note that last line in particular (cited from the Sweetwater case law): "[C]laims with the requisite minimal merit may proceed." Billy managed to cross the hurdle of at least having a case that could conceivably win. Of course, for those of us following the ins and outs of this case, we know that Billy has done that by outright lying through his teeth on several occasions, and hence relying on the fact that the court has to take his statements in a favorable light when deciding whether to allow the case to proceed. But as said, in considering the anti-SLAPP case, the court "does not weigh evidence or resolve conflicting factual claims." Basically, the court can't take into consideration the demonstrated fact that Billy is lying.

On the other hand, the "motion for undertaking" (the one asking that Billy be required to post bond) does not require the court to treat Billy's case as favorably as possible, and that ruling went rather poorly for Mr. Mullet. Here's a bit from page 23 of today's ruling, relating back to that motion for undertaking:



Granted, the judge also referred to TG's burden of proof for that motion as "low". But what's of note is that the court was not required to grant the entire bond requested by Twin Galaxies. TG requested a bond of $81,225. The court granted it in full. I'm not a lawyer, but I'm being told that the judge granting the full amount requested is rare.

There's much more that could be said, but this serves as a quick update. Of course, both rulings are likely to be appealed in the coming days. But appeals aside, as much as Billy wants to declare victory in his attempt to lie his way past the first stage of court, that is all he has managed to do thus far, and he will have to fork over a significant stack of cash if he wants to keep this case going.
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Offline RTM

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #26 on: October 29, 2020, 06:04:44 pm »
Thanks for the recap, that made it crystal clear !!

Here's hoping that HRH Billy Mitchell continues his lying ways once this goes to court. He could get up to 4 years for perjury which would potentially mean that he could be 60 years old when he gets out...and prison wardens do NOT allow prisoners to have mullets or American flag ties.

https://www.shouselaw.com/ca/defense/penal-code/118/

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Offline catapultaudio

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #27 on: November 01, 2020, 10:13:35 am »
So now we get to see if Billy will put his money where his mouth is? Over 80 grand if he wants to take this all the way, knowing he's full of shit. Anyone have an opinion on what he's going to choose to do??

I would dare wager the guy is so invested in his lies he will be willing to risk such an extraordinarily amount of money for the "chance" to clear his name, as he sees it... If he does though, and gets lucky with a bunch of people who don't understand the case properly on his jury, it really is going to be terrible for gaming.

Question is, will jace REALLY back down and put him back on the leader boards even if he loses? I can't imagine he will
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Offline ersatz_cats

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Re: Twin Galaxies Response and Anti-Slap Documentation!!...
« Reply #28 on: November 19, 2020, 04:13:11 am »
We have a court update!! Spoiler: Bad news for cheaters. :)

On November 16, Billy's lawyer, James Gibbons, filed fourteen pages with the rather lengthy title of "Ex parte application to stay October 26, 2020 order regarding undertaking in light of defendant's appeal of anti-SLAPP denial and resulting litigation stay". Say that ten times fast!

What exactly does that mean? The filing itself makes it clear in plainer language. Recall that, late October, the court ruled in Billy's favor on the anti-SLAPP motion (if, somehow, you missed Billy proclaiming his "victory" all throughout the Internet). The anti-SLAPP motion, if granted, would have tossed the case out of court and forced Billy to pay TG's legal fees. Worth noting is that Billy pushed his case past anti-SLAPP by lying through his teeth, and relying on anti-SLAPP rules that his case must be accepted "on the face of it" (i.e., the proof of his lying can't be considered), but that's a story for another day. (See previous entries in this thread for more on that.) Anyway, on the other end, at the same time as the anti-SLAPP ruling, the court granted a motion from Twin Galaxies that requires Billy to provide an "undertaking" to proceed with this case. Basically, an "undertaking" is a deposit, to be used in the event Twin Galaxies is awarded legal fees later down the line. The amount requested was based on an itemized list, mostly relating to the cost to travel and conduct depositions from witnesses across the country and overseas. While the court was at its discretion to approve any amount for the undertaking, the court granted the entire amount requested. While I can't speak from personal experience, I have been told that is unusual.

Bringing us to current events, Twin Galaxies did finally file an appeal to the anti-SLAPP ruling earlier this week. The process of litigating this case is on hold until that appeal runs its course. For that reason, Gibbons argues that the undertaking should be held off until that appeal is decided:



Gibbons cites case law regarding the undertaking statute, highlighting that the appeal process could take as long as 18 months, and arguing that TG's costs during that time will be minimal, compared to the itemized list TG submitted to justify the undertaking:



Gibbons argues that it's unfair to his client (Mr. Mullet) to be required to post a bond and deprive him of funds for costs that may not even be incurred for another 18 months, while again stressing his belief that TG's costs litigating the appeals ought to be low:



Gibbons then puts forward a rather generous interpretation of the court's anti-SLAPP ruling. He cites case law stating that the purpose of anti-SLAPP laws is to "prevent out-of-state residents from filing frivolous lawsuits against California residents." Gibbons then argues that the fact that Billy prevailed on the anti-SLAPP motion (which is being appealed) is proof that Billy's action is "far from frivolous", and that there was a "probability" that Billy would win the case:



"Probability" in italics, no less! Must mean it's that magic "probability" that means "literally just greater than zero, however infinitesimal". Although strange that it's presented here as though it means, in common vernacular, "more than likely".

Gibbons also goes a step further to argue that Twin Galaxies' appeal suggests "bad faith" practices. He argues it was unfair of TG to request an undertaking when it knew all along it would appeal the anti-SLAPP ruling:



One thing to note, which you may have noticed above. Gibbons states that Billy does indeed intend to pay the undertaking with a cashier's check. Gibbons says it again, in his declaration on page 8:



Also, an amusing side note.... In the filing, Billy's lawyer references a bunch of events from October and November... but his signature is dated all the way back in July! Hope Dwayne hasn't been loaning out his time machine!

Another side note: Up until now, I haven't referred to Billy's attorney much by name. In writing this update, I felt an urge to refer to him as "Greasy Gibbons". (Emphasis on "Greasy". I'm not trying to imply he is multiple members of the Hylobatidae ape family.) "Greasy Gibbons" is nice and alliterative. But I thought, you know, maybe that's not fair. Surely by now he knows his client is a liar, a cheater, and a fraud, but this Billy thing is just one case. Sometimes, you just do what you gotta do to pay the bills, right?

So I looked him up, and I found his profile page, on the site of that law firm Manning & Kass, Ellrod, Vader, and Luthor, or whatever. Check this out:



http://www.manningllp.com/our-team/James_Gibbons/#sthash.ToKDvBLg.dpbs

He represented the San Diego business alliance AGAINST the ACLU, in a case involving the property rights of homeless people (you know, people who are basically defined as having the least property of anyone). And it's not like this was a regretful day of holding his nose and doing his job. He's so proud of it, he put it in his bio! So yeah, I'm gonna run with "Greasy Gibbons" from here on.

Also, I'll add a picture, not because I care what the guy looks like, but because it would amuse me if this picture started showing up under searches for "Greasy Gibbons":



Anyway, back to the main event. Where Greasy Gibbons took fourteen pages to make his case, the Mighty Mr. Tash (Twin Galaxies' lawyer) took only six. First, Tash sets the stage, referring to this application as "a misguided attempt" to use the unrelated anti-SLAPP appeal to either postpone the undertaking or to have the court reconsider the ruling altogether. Tash points out, among other things, that Gibbons presented no new facts (you know, those things that might make the court consider a change to the ruling), and also that Gibbons' request was made too late:



Tash argues that the motion for undertaking and the appeal of anti-SLAPP, as a matter of law, have nothing to do with each other. More to the point, Gibbons made no effort to correlate the two:



Tash also lists the sort of fees that will be incurred during appeal, and that case law specifically provides for defendants recovering those costs as well:



Remember how Gibbons argued that it would be unfair to tie up Billy's money for 18 months of appeals? Well, Tash also points out that the actual case would tie up that money for at least 18 months anyway, so that argument of Gibbons' (at least as it was presented) would thus be without merit:



Here's where Tash really spells it out. TG already showed a reasonable probability of winning this case, and the court ordered the full undertaking based on that case. Again, Gibbons did not present any new facts. Literally the only thing that changed is that TG filed an appeal of the anti-SLAPP ruling:



As to the argument of "bad faith", Tash simply points out that the court had their chance to rule on undertaking, and they did. Tash adds, "This flailing attempt to persuade the Court to stay enforcement of the bond motion is pathetic and should carry no weight":



Gibbons needed fourteen pages for the request, Tash needed six for the response, and on Wednesday, the court needed only one page for their ruling:



Plaintiff's application is Denied.

Bad day for Team Billy. Time to pay up or shut up. Maybe Greasy Gibbons can cheer himself up by spitting on more homeless people.
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