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Important question in Misery vs Eesh case
Posted by: Discredited ()
Date: March 25, 2015 02:29PM

The harrassment claim made against Misery happened much after this lawsuit was filed.

How is this lawsuit was frivolously made in an effort to prevent you from proceeding in a criminal trial against Misery if these claims you made against him hadn't even happened yet?

Also, if these claims were true, nothing would have prevented you from proceeding in a case against him. Oddly enough your case against him has already been thrown out.

Eesh posted the lawsuit thread on Jan 27. Misery was arrested Feb 2.

file.php?40,file=180214,filename=image.j

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Re: Important question in Misery vs Eesh case
Posted by: Tangled webs we weave ()
Date: March 25, 2015 02:47PM

Sometimes it's really hard to keep up with all your lies, times and dates..

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Re: Important question in Misery vs Eesh case
Posted by: ujvmj ()
Date: March 25, 2015 09:28PM

So Eesh and his lawyer were caught red handed in a lie....

A lie that would have been easily discredited in court so this is a little strange on why they'd even make this claim....

You people are great detectives for pointing this out but it would have been much better for them go to court with this and get slaughtered there...

Oh well. At least there's yet another documentation of the lies of Eesh and those on this board are aware and now even his own lawyer has been caught to be lying with him.

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Re: Important question in Misery vs Eesh case
Posted by: Further to OP's remarks ()
Date: March 26, 2015 09:11AM

                         COMES NOW Troll Abuse Mark to heap contumely on a misbeggoten motion

                                                                                          To wit:

file.php?40,file=180077,filename=friv1.jfile.php?40,file=180078,filename=friv2.j


It is not entirely clear from the source link whether this motion, which seeks "attorney's fees for frivolous pleading," was actual filed by the defendant.

Assuming for the sake of argument that it was, absent a mole in Leiser's (the plaintiffs' attorney) office feeding information to the defendant,* or the defendant having hacked into the Leiser computer system,* there is no possible factual basis for the assertion in paragraph 2, which rests upon the hypothetical existence of emails that the defendant cannot possibly have had access to, and thus cannot even know exist, except as a matter of pure speculation.

                *Both of these things would require a gross violation of law; thus, to the extent defendant may have such evidence, defendant would risk criminal prosecution by submitting it to the court.

An allegation or claim based on pure speculation is not a good-faith basis for a pleading.

As the Va. Supreme Court explained in Benitez, although the rule can be somewhat flexible depending on the circumstances, purely speculative, non-evidence-based pleading does not satisfy Section 8.01-271's due diligence standard:
A pleading that puts the opposing party to the burden of preparing to meet claims and defenses the pleader knows to have no basis in fact is oppressive.  It constitutes an abuse of the pleading process and results in the wrong that Section 8.01-271.1 was enacted to prevent.

Further, any discovery relating to proof of the paragraph 2 allegation - and there is no basis for discovery to proceed, given the entirely speculative nature of the claim - would necessarily rest on the extraordinary and rare requirement of a court ordering the piercing or abrogation of the attorney-client privilege.   Which only occurs where there is evidence of a fraud on the court -- not mere fraud, mind you, but fraud on the court ;  and not merely an allegation of such fraud, but evidence  thereof.

Here, the only evidence is the plaintiffs' Complaint, which may well be subject, in whole or in part, to a dispositive motion such as a demurrer.  But to suggest that the Complaint amounts to a fraud on the court is ludicrous on its face.

Thus at least as to paragraph 2, the defendant's motion is oppressive, and an abuse of the pleading process -- being wholly speculative and with no basis in fact, and resting as it does on the outrageous assumption, advanced without evidence, that plaintiffs and/or their attorney have perpetrated a fraud on the court.

As such, this motion for sanctions is itself a sanctionable pleading under Section 8.01-271.1.

How ironic.

Or sad.

Or amusing, depending on one's point of view.


file.php?40,file=180347,filename=hghg.jp



file.php?40,file=180348,filename=1118355

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Re: Important question in Misery vs Eesh case
Posted by: Not real ()
Date: March 26, 2015 10:18AM

It's just a rough draft of fails

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Re: Important question in Misery vs Eesh case
Posted by: I have an answer ()
Date: March 26, 2015 10:22AM

Basl

you swatted

you swatted

you swatted

5 years minimum

5 years minimum

5 years minimum

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Re: Important question in Misery vs Eesh case
Posted by: 3Euhc ()
Date: March 26, 2015 03:10PM

Re: Sterling man arrested for allegedly harassing FFXU member
Posted by: JIppp ()
Date: February 10, 2015 06:28PM

Spoofer Wrote:
-------------------------------------------------------
> Michael Basl obtained the IP address of William
> through IP tracking. Spoofed William's IP address
> and sent harassing messages to himself.


That's not hard to believe it all. The case will be dismissed once the judge hears all about the harassment eesh has done himself, he's only made the lawsuit against him much easier now, if he was truly feeling harassed I doubt he would have waited until after a lawsuit was filed against him.

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Re: Important question in Misery vs Eesh case
Posted by: Read between the lines? ()
Date: March 26, 2015 04:04PM

Michael Basl sent harassing messages to himself after a lawsuit was filed against him?

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Re: Important question in Misery vs Eesh case
Posted by: beyond a reasonable doubt ()
Date: March 26, 2015 04:07PM

why is eesh so dumb? if he can't fool the idiots on here what makes him think he can fool law enforcement and actual court officials? everyone knows he's guitly of everything he's been accused of.

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Re: Important question in Misery vs Eesh case
Posted by: TKCvu ()
Date: March 27, 2015 12:46AM

fungi.gif

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Re: Important question in Misery vs Eesh case
Posted by: Noyoudint ()
Date: March 27, 2015 08:36AM

And of the top ten most important questions in the Misery vs Eesh case, the number one question is Who gives a flying fuck?

You and your braindead friend are the worst thing about this Fairfax Underground site. You both are the worst kind of pollution.

It's boring and you both are fucking stupid.

Please stop, you are embarrasing yourselves.

Assholes.

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Re: Important question in Misery vs Eesh case
Posted by: Unhappy Birthday? ()
Date: March 27, 2015 08:45AM

file.php?40,file=18288,filename=baby-cry


Complete this form and submit it to Cary for immediate action!

file.php?40,file=180459,filename=butthur

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Re: Important question in Misery vs Eesh case
Posted by: basl basl basl ()
Date: April 01, 2015 07:26PM

Read between the lines? Wrote:
-------------------------------------------------------
> Michael Basl sent harassing messages to himself
> after a lawsuit was filed against him?


basl is going to jail

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