Lawsuit update #8

American justice series

For someone who is claiming that her case should be dismissed because of the hardship of litigating in Massachusetts, Gina is doing a lot of litigating in Massachusetts.

She and her lawyer are blizzarding us with motions, even without first conferring with my lawyers, as the rules require.

You may remember that in the last such episode, Gina claimed that BlueHost never took down my blog (Lawsuit update #5: Really?) and that Daringhost did not force me to move my blog because of the DMCA violations (Let’s take a look at the documents).

We were able to immediately produce the relevant documents that showed that the claims were false, AND a screenshot of Gina boasting on her Facebook page that BlueHost took down my site.

Now, they’re back again with yet another motion, this one claiming that Gina had no way of knowing that I lived in Massachusetts at the time she filed the DMCA notice with Daringhost, because my address was blocked on the Whois page back in October 2012.

Once again, the documents tell a very different story.

Gina filed her DMCA notice with Daringhost on 1/21/13.

Here’s a screenshot of the Whois page for skepticalob.com on THE VERY DAY.

Whois 1-21-13

And here’s a screenshot of Gina’s Facebook page on THE VERY DAY that she claims she was unaware that I live in Massachusetts.

image

Gina is asking the court to dismiss the case on jurisdictional grounds because it is a hardship for her to litigate in Massachusetts and because she did not know that I lived in Massachusetts.

Gina has made it abundantly clear that she has no difficulty litigating in Massachusetts, filing motion after motion after motion in the past 5 months. In addition, she admitted in print that she knew where I lived on the very day that she insists to the court that she did not know.

Very strange.

https://dl.dropboxusercontent.com/u/27713670/Tuteur-20130620_Defendant%27s_Motion_to_Supplement_Record.pdf

https://dl.dropboxusercontent.com/u/27713670/Tuteur-20130620_Opposition_to_Motion_to_Supplement_Record_-_as_filed.pdf