Richard Meyer v. Mark Waid (2018)

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Waid Livestream - What will happen?

  • Talks about the lawsuit.

    Votes: 3 8.1%
  • Further incriminates himself.

    Votes: 18 48.6%
  • Defames YaBoi again.

    Votes: 5 13.5%
  • Doesn't talk about the lawsuit nor CG.

    Votes: 2 5.4%
  • Host disagrees with Waid on something, chimpout insues.

    Votes: 7 18.9%
  • Normal interview. (no drama)

    Votes: 2 5.4%

  • Total voters
    37
  • Poll closed .
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Well, a stopped clock is right twice a day.
 
I don't know about you guys, but I'm just counting down the days until Mark either responds to the lawsuit or runs out of response time
 
I don't know about you guys, but I'm just counting down the days until Mark either responds to the lawsuit or runs out of response time

The summons was issued 9/19/2018 and served 9/21/2018, which makes the deadline 21 days after that, or this Friday, October 12, 2018.

I'd expect a motion to dismiss under 12(b)(6) or a 1-2 page Answer simply denying the allegations. I think there's pretty clearly a colorable claim under tortious interference, though, and the defamation claim is the only one vulnerable to failure to state a claim.

If Waid hadn't made the phone call directly to Antarctic (and helpfully told the public before during and after that dumbfuck move what he was doing and why he was doing it and what he hoped would happen) and they hadn't canceled the contract, you'd just be looking at a weak-ish defamation case, in which Meyer probably qualifies as at least a limited public figure to the extent he inserted himself into a public controversy.

Whether or not the defamation claim survives as a claim, though, what Waid actually said is still important as is its truth or falsity and the state of mind with which it was said, so I'm not sure how much difference it makes. It would be tricky to tease out what damages were directly defamation and what damages were tortious interference anyway, and the latter damages are more easily proven anyway.
 
The summons was issued 9/19/2018 and served 9/21/2018, which makes the deadline 21 days after that, or this Friday, October 12, 2018.

I'd expect a motion to dismiss under 12(b)(6) or a 1-2 page Answer simply denying the allegations. I think there's pretty clearly a colorable claim under tortious interference, though, and the defamation claim is the only one vulnerable to failure to state a claim.

If Waid hadn't made the phone call directly to Antarctic (and helpfully told the public before during and after that dumbfuck move what he was doing and why he was doing it and what he hoped would happen) and they hadn't canceled the contract, you'd just be looking at a weak-ish defamation case, in which Meyer probably qualifies as at least a limited public figure to the extent he inserted himself into a public controversy.

Whether or not the defamation claim survives as a claim, though, what Waid actually said is still important as is its truth or falsity and the state of mind with which it was said, so I'm not sure how much difference it makes. It would be tricky to tease out what damages were directly defamation and what damages were tortious interference anyway, and the latter damages are more easily proven anyway.

so just four more days left until Waid and Zaid can file a response then. Thought it was longer
 
Rekieta said that because he was served at 7pm on a Friday, the deadline might reasonably be extended until Monday the 15th if Zaid asked for it to be, but whatevs. It is soon.

Given the lack of response for a while, it could be possible, no response gets filed and Zack gets a default judgement. We don't know what's going on behind the scenes with Waid and Zaid but I'd expect a response to come a bit closer than now. Maybe the idea of Waid's lawyer not really caring about the case and just letting a default judgement happen so he can collect his check and go home is true, maybe?
 
Given the lack of response for a while, it could be possible, no response gets filed and Zack gets a default judgement. We don't know what's going on behind the scenes with Waid and Zaid but I'd expect a response to come a bit closer than now. Maybe the idea of Waid's lawyer not really caring about the case and just letting a default judgement happen so he can collect his check and go home is true, maybe?

Unless he literally didn't pay the dude, that's not going to happen. Also nobody remotely professional who practices in the district regularly is going to piss off the judge by filing a default judgment because something might or might not have a deadline that exact day. It's a dick move and it just pisses off everyone involved. Unless it's unambiguous that the deadline passed or the defendant simply outright states he isn't responding, it's unprofessional gamesmanship just to jump immediately to a default judgment.

By Friday, or maybe Monday, it's pretty likely some kind of responsive pleading will be filed. One of those would be an answer simply denying the allegations or offering Waid's own version of events (blanket denials are frowned upon in federal practice). Another, which I think is more likely, is a motion to dismiss under FRCP 12(b)(6) (failure to state a claim), either partly or entirely. Another is a similar motion to dismiss, simply of the defamation claim, along with an answer to the tortious interference claim.

Another is some less common maneuver like some other Rule 12 thing, i.e. 12(e) motion for a more definite statement asking for more details, or Rule 8 objection to the form of the complaint, or a motion to strike for some reason, or some other oddball thing. To the extent the complaint seems to allege Waid colluded with others to do what he did, there is a conceivable argument that heightened pleading requirements apply and Meyer should have to plead with more specificity and reference to specific communications.

Easy prediction: Iqbal or Twombly or both will be cited.
 
Unless he literally didn't pay the dude, that's not going to happen. Also nobody remotely professional who practices in the district regularly is going to piss off the judge by filing a default judgment because something might or might not have a deadline that exact day. It's a dick move and it just pisses off everyone involved. Unless it's unambiguous that the deadline passed or the defendant simply outright states he isn't responding, it's unprofessional gamesmanship just to jump immediately to a default judgment.

By Friday, or maybe Monday, it's pretty likely some kind of responsive pleading will be filed. One of those would be an answer simply denying the allegations or offering Waid's own version of events (blanket denials are frowned upon in federal practice). Another, which I think is more likely, is a motion to dismiss under FRCP 12(b)(6) (failure to state a claim), either partly or entirely. Another is a similar motion to dismiss, simply of the defamation claim, along with an answer to the tortious interference claim.

Another is some less common maneuver like some other Rule 12 thing, i.e. 12(e) motion for a more definite statement asking for more details, or Rule 8 objection to the form of the complaint, or a motion to strike for some reason, or some other oddball thing. To the extent the complaint seems to allege Waid colluded with others to do what he did, there is a conceivable argument that heightened pleading requirements apply and Meyer should have to plead with more specificity and reference to specific communications.

Easy prediction: Iqbal or Twombly or both will be cited.

Okay then. I'm just getting a bit antsy is all. It's getting close to either of the two deadlines, either the one on friday or the deadline getting extended to monday
 
Okay then. I'm just getting a bit antsy is all. It's getting close to either of the two deadlines, either the one on friday or the deadline getting extended to monday

Why would you file an answer any sooner than you need to? It's pretty customary to file on the last possible day, often near close of business. Arguably the deadline doesn't need to be extended to Monday but just is Monday.
 
Why would you file an answer any sooner than you need to? It's pretty customary to file on the last possible day, often near close of business. Arguably the deadline doesn't need to be extended to Monday but just is Monday.
This might sound like a stupid question, but why is that customary? I'm not meaning it as an insinuation that everyone in the legal profession is just an asshole fucking with their adversary, or whatever, just as to why it should be taken as granted that legal matters must move as slow as the law allows no matter what. Is it because there isn't a point to it until you get to the time the judge has scheduled for you? It just would seem to an outsider that giving the court staff some breathing room would be a courtesy.
 
I don't think a reply on the last day seriously inconveniences the court staff. It's probably a bigger favor to them if you take your time with the paperwork and make sure things are correct.
 
This might sound like a stupid question, but why is that customary? I'm not meaning it as an insinuation that everyone in the legal profession is just an asshole fucking with their adversary, or whatever, just as to why it should be taken as granted that legal matters must move as slow as the law allows no matter what. Is it because there isn't a point to it until you get to the time the judge has scheduled for you? It just would seem to an outsider that giving the court staff some breathing room would be a courtesy.
It's mostly just a time thing. Pretty much all pleadings take a deceptively long time to prepare and you've gotta get it right, so it takes time. Also lawyers are just busy between juggling court appearances and clients.
 
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