@frumpersby@alumin4t0r@TheOmniLiberal There’s no indication the communications are relevant. You and Destiny claim she’s involved but there’s no reason to believe that their text messages are relevant to destinys violation of CARDII
Destiny just doesn’t like Lauren and wants to fuck with her
@frumpersby@alumin4t0r@TheOmniLiberal Yes that’s how the law works. You cannot just assert something is happening without evidence. I’m sure you clapped like a seal when pixies spoliation motion was denied for the same reason
@alumin4t0r@TheOmniLiberal What? Who cares if she’s been “asked”? She’s not under a legal obligation to produce it. Arguably she’s not even under an obligation to preserve it given there’s no indication it’s at all relevant
@AGlavkoverkh@LouisC55111@TheOmniLiberal And like I already said even if he won at trial that’s another two years of court and court expenses let alone if he lost. Doesn’t make sense
@AGlavkoverkh@LouisC55111@TheOmniLiberal You acknowledge that if it were frivolous it would have been tossed by the judge right?
Anyone who has worked in any legal profession will tell you there is no such thing as extreme confidence when it comes to a jury trial
@AGlavkoverkh@LouisC55111@TheOmniLiberal That’s ridiculous. If I said I’ll take 5k or the equivalent in time and move your likelihood of success at MSJ from 80% to 95% he would absolutely leap at it given he will spend another two years and another two million in court if the MSJ fails. Your story doesn’t make sense
@LouisC55111@AGlavkoverkh@TheOmniLiberal So imagine if you could get a negative inference against the plaintiff because you made a successful motion that she destroyed legally relevant evidence. Seems like something worth doing if you felt you had an actual claim doesn’t it?
@LouisC55111@AGlavkoverkh@TheOmniLiberal It’s not frivolous or the judge would have tossed it. You don’t know what that word means.
If the MSJ is not granted destiny will spend an extra million dollars at trial easily. If he could spend 5k for a spoliation motion to guarantee that doesn’t happen he would but he can’t
@AGlavkoverkh@TheOmniLiberal Even if he won at trial he’d be spending an extra million easy litigating it. Your story doesn’t make sense given the costs to destiny if the MSJ fails
@AGlavkoverkh@TheOmniLiberal He felt confident that he would win the MSJ over a year ago too lol. “Two weeks” and all
Destiny would get absolutely dragged over the coals at trial. He is an extremely unsympathetic defendant whereas pixie is literally picture perfect. A Florida jury would have a field day
@AGlavkoverkh@TheOmniLiberal That doesn’t make sense. If destiny does not get this case thrown out he will go to trial which will cost him 2x what he’s spent so far. It makes sense to ensure the MSJ was successful if he felt she was spoliating
Then why didn’t he issue a subpoena for a depo from abbymc?
@LouisC55111@AGlavkoverkh@TheOmniLiberal I would tend to agree bc I don’t think the hold requires pixie to maintain those texts but if I were Destiny and supposedly felt she was committing spoliation I would file a motion and get a negative inference against her making the MSJ or later trial a slam dunk buttttttt
@alumin4t0r@TheOmniLiberal Not true! Pixie is not under an obligation to preserve all her communications just because she’s a party to the case. Destiny has to make a showing that the communications are relevant, for example pixie isn’t engaged in spoliation if she deletes her texts to her plumber
@AGlavkoverkh@TheOmniLiberal Or further evidence of other distributions I guess but I’m doubtful that’s contained in the texts either
What do you expect to find in the texts that’s relevant?
@DaeDaeMarnell@TheOmniLiberal I don’t believe they’d need to be separate motions but he’d have to first show the messages were relevant, second that they fall under the litigation hold in the case, and third provide proof they were deleted.
Counter suit isn’t really relevant
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