anti-SLAPP, attorney Evan Stone, attorney John Morgan Beaumont Texas, attorney Paul Gianni, Bullyville.com, First Amendment, James McGibney, Rosendin Electric sexual harassment, Shannon Gracie Ratliff Miller LLP, Tom Sorley sexual harassment, ViaView, Warner Bros.
James McGibney (who we don’t like) is a crazy little man in California who claims to be an “anti-bullying advocate” – yet he runs a revenge pornography company called ViaView that engages in the sexual blackmail of little girls (and some men!), along with a hate-speech website that engages in cyber-stalking and bullying (big surprise). In his day-time job he is the Director of IT Infrastructure for Rosendin Electric, Inc. in San Jose and he is currently facing a state investigation for sexual harassment, illegal discriminatory actions, stalking, and cyber-stalking.
And now he and his revenge porn company, ViaView, Inc., have been hit with the largest anti-SLAPP court sanctions judgment IN THE HISTORY OF THE UNITED STATES!!
Here is a full copy of the sanctions order for those of you who just cannot be patient for the rest of the article. CHECK IT OUT====> Texas Judgment – ViaView v Retzlaff et al
So what are people saying on McGibney’s Bullyville website? CHECK IT OUT!
And this comment here will never not be funny! Am I right, Jimmy boy?
Well Piss Boy can always set up a Go Fund Me, can’t he? Oh, wait… he tried that once before.
Unfortunately Some Random Person We’ve Never Heard Of Before reached out to the management of Go Fund Me and McGibney got hit with their Ban Hammer. CHECK IT OUT!
As always, click on the colored hyperlinks to be taken to cool sources of information
THESE HERE ARE THE MEN WHO – ALONG WITH THE HELP OF MANY OTHER PEOPLE, BEAT THE LIVING SHIT OUT OF JAMES MCGIBNEY – 100% VERIFIED.
SPECIAL UPDATE: Earlier today the trial court signed an Order temporarily staying the sanctions judgment upon request by McGibney. Why such a thing was requested, we do not know. After all, in Texas (as in most all other states) a court judgment does not become final and enforceable until after the time to file an appeal has passed. Plus, in this case, McGibney filed a motion for new trial, which further extends the enforcement deadline to 90 days after the December 30th order.
So really, McGibney and Stone got nothing for that bit of nonsense they filed.
When asked to comment, Some Random Person We’ve Never Heard Of Before had the following to say about the decision:
Of course, I expect that malignant narcissist McGibney will pontificate about how this move represented our total capitulation and was the prelude to McGibney’s ultimate victory over the Forces of Evil (i.e. me, Dorrell, and Rauhauser). For almost two years, he has confidently predicted that (i) the court of appeals would never rule in our favor; then, when it did, that (ii) Judge Cosby would never grant a $1,000,000.00 sanction or $300,000.00 in attorney’s fees; and, now that he has, that (iii) Judge Cosby will soon see the error of his ways and reverse himself because of the withering strength of Evan Stone’s masterful legal arguments. McGibney has been spectacularly wrong at every turn, and his ability to predict the future never seems to get any better.
When Cosby denies the motion for new trial, McGibney will, no doubt, confidently predict that the court of appeals will reverse Cosby. Then the Texas Supreme Court. Then the U.S. Supreme Court. Then the International Court of Justice in The Hague. Then, perhaps McGibney will “seize his left foot with such fury that he splits in two,” like Rumpelstiltskin in the Grimms’ fairy tale.
Or he could just murder his family and kill himself (we hope).
For those of you that have not been paying attention, starting on February 19, 2014, James McGibney (who we don’t like) filed a series of lawsuits in state and federal courts all across the country (which we here at the BV Files like to call LOLsuits) against EVERYONE who has ever had anything negative to say about McGibney, or who has ever disagreed with McGibney.
Specifically, Plaintiff James McGibney is the CEO of plaintiff ViaView, Inc., and the founder and operator of ViaView’s controversial websites www.bullyville.com, www.cheaterville.com, and at least six others. McGibney uses the websites to (i) punish behavior he finds morally repugnant; and (ii) prosecute vendettas against his personal enemies. Visitors to McGibney’s www.bullyville.com will find the page emblazoned with what could be fairly described as McGibney’s business philosophy: “Sometimes you have to be a bully to beat a bully.” One journalist has compared what he called McGibney’s “anti-bullying crusading” to “old-fashioned vigilantism.”
A frequent victim of McGibney’s “vigilantism” is defendant Thomas Retzlaff, who has been called a “rapist” and a “pedophile” by name on www.bullyville.com. McGibney claims it is “100% verified” that Retzlaff “threatened to rape [his] own daughter.” Another victim is defendant Neal Rauhauser, who has suffered years of personal attacks by McGibney and his group of internet vigilantes against both himself and his family. It is hardly surprising, therefore, that Retzlaff, Rauhauser, and many others allegedly participated in criticizing plaintiffs’ unsavory tactics.
To chill and suppress the defendants’ right to do this, plaintiffs sued defendants – three times in two states. The Texas LOLsuit is one of three “SLAPP” suits plaintiffs filed within four weeks and simultaneously maintained against Retzlaff, Rauhauser, and other defendants in courts in Texas and California pleading substantially the same facts:
- Cause No. 067-270669-14; McGibney v. Retzlaff; in the 67th District Court of Tarrant County, Texas (filed February 19, 2014);
- Cause No. 5:14-CV-01059-BLF; McGibney v. Retzlaff; in the U.S. District Court for the Northern District of California (filed March 6, 2014); and,
- Cause No. 1-14-CH-005460; ViaView, Inc. v. Retzlaff; in the Superior Court of Santa Clara County, California (filed March 17, 2014).
Retzlaff has successfully defeated McGibney & ViaView in the federal court case. United States District Court Judge Beth Freeman in the San Jose Division of the Northern District of California ruled that ALL of McGibney’s evidence was “baffling” and “inadmissible” and she further ruled that there was absolutely no personal jurisdiction over Retzlaff in the state of California for ANY of McGibney’s ridiculous and stupid claims. McGibney, et al. v. Retzlaff, 2015 U.S. Dist. LEXIS 79434 (N.D. Cal. June 18, 2015). CHECK IT OUT====> ECF 172 Order granting dismissal – 6-18-2015
McGibney and ViaView were successfully defeated in the Texas case, too. In a unanimous decision by the Texas Ft Worth Court of Appeals, the appellate court found ViaView and McGibney both GUILTY of violating the Texas Citizens Participation Act (the Texas anti-SLAPP law found in Texas Civil Practice & Remedies Code chapter 27). Rauhauser, et al. v. McGibney & ViaView, 2014 Tex. App. LEXIS 13290, 2014 WL 6996819 (Tex. App.—Fort Worth Dec. 11, 2014, no pet.). Pursuant to the Order of the appellate court, that case was recently remanded to the trial court for the imposition of mandatory attorney’s fees and mandatory sanctions, pursuant to Texas Civil Practice & Remedies Code §27.009(a). Rauhauser, 2014 Tex. App. LEXIS 13290, 2014 WL 6996819, at *8. CHECK IT OUT====> COA Opinion – 12-11-2014
As far as the California case goes, that case is on appeal with an anti-SLAPP motion pending there, too. No decisions have been made as of this date.
HEY MCGIBNEY – ANY LUCK IN GETTING YOUR RESTRAINING ORDER ENFORCED YET?
Yeah, we didn’t think so, either. But, hey – thanks for playing!!
FUN FACT: An LOLsuit is a portmanteau from taking “LOL” (Laugh Out Loud) and combining it with “lawsuit.” Thus, an LOLsuit is a joke lawsuit, or a lawsuit that is a joke. Note that it is a very real lawsuit filed in a real court. But the premise behind the lawsuit, or the legal reasoning expressed therein, is a total joke (i.e. makes one LOL when reading it). It was first used by a friend of the BV Files who goes by the twitter handle @rchPr1357 (https://twitter.com/rchPr1357). Please go check him/her out online!
For those of you new to BV Files, here is a guide to help you understand the players, who we don’t like, and why:
- ViaView, Inc. is a company incorporated in Delaware that is owned by seven guys involved in the construction industry in Las Vegas, Nevada.
- Cheaterville.com is a revenge porn site that is run by ViaView. On Cheaterville people can post intimate photos and personal details about their ex-. If you find yourself posted on Cheaterville, you will be forced to pay them $199 (or more!) if you want to ransom back your photos and get the post removed.
- Bullyville.com is a hate speech / bullying website that is run by ViaView. While on the surface the website looks innocently enough, if you just barely scratch the surface by looking in its Articles section you will find some of the most vile and ugly hate speech one could ever imagine.
- James Alex McGibney. He is born in Oct. 31, 1973, from the town of Monroe, NY, who lives in San Jose, CA, and is married to Christina Orduna McGibney (born in June 12, 1981 in the SF-Bay area), with whom he has three small boys with. He is a liar, a thief, and a criminal – seriously. He has falsely claimed to having an Executive Education from Harvard Business School. He does have a FAKE college degree from Chadwick University, a well known diploma mill since shut down by the Govt., and has filed for Ch. 7 bankruptcy at least twice in recent years.
The owners of ViaView consist of the following individuals:
- Dave Suder – West Coast President/CEO of KHS&S Contracting, who is also on the Board of Regents for Servite Catholic High School in Anaheim, CA. His son David Stone Suder is currently on trial in Orange County, CA for multiple counts of child rape involving VERY YOUNG CHILDREN!
- Mark Caspers – owner of Las Vegas based Caspers Construction Company, LLC.
- Michael T. Carr – a man who calls himself “The Profit Prophet” (bet he didn’t see this coming?) and who is currently in hiding from his wife’s divorce lawyer.
- Wayne P. (Pat) Hibbs – President/CEO of Caspers Construction Company, LLC.
- Nikolas (Nick) Mamula – owner of a Las Vegas pre-fabricated stone products & tile company called T. Nicholas Co.
- Scott Corey Ryan – a lawyer licensed to practice law in Arizona, Illinois, and Nevada who is employed by Caspers Construction Company, LLC.
- James McGibney – serial resume fraudster & deadbeat with TWO Chapter 7 bankruptcies under his belt.
This article is about the state court lawsuit styled James McGibney vs The Internets. In that LOLsuit filed in the 67th District Court of Tarrant County, Texas, McGibney was initially represented by an attorney from Beaumont, Texas named John S. Morgan. (http://www.jsmorganlaw.com/).
Its going to be kind of long and maybe just a bit boring, but it is important to understand the law so that you can, perhaps, apply it on your own should you find yourself the victim of one of McStupid’s LOLsuits and need to defend yourself.
SO STAY WITH US – READ THE ENTIRE ARTICLE
It is also important to understand the law so you can see just how weak and pathetic James McGibney really is. He is a piece of human garbage. Seriously. He tries to use lawsuits as a way of bullying and intimidating people. Except he came across a person who absolutely cannot be intimidated, who practically lives in a courtroom in one part of the country or another, and who engages in lawfare as a recreational activity.
Please just keep in mind that this legal “advice” is completely marginal, at best, and is only worth what you paid for it. For all you know, the person behind this post could be a drunken chicken pecking away randomly on someone’s unattended laptop! Nothing substitutes for the advice of a lawyer YOU paid for.
See, messing with a vexatious litigant is like messing with a ticking time bomb. Those who know better don’t fuck with it. Those who don’t are likely to have it blow up in their face at great risk to life and limb – not to mention ones wallet.
FUN FACT: Morgan is a convicted child abuser and a criminal who recently plead guilty to filing a series of false police reports against his ex-wife (an Assistant District Attorney) in a failed bid to steal custody of his three children from her. Morgan is facing a disbarment trial in Jefferson County, Texas, in the next month or so based on a complaint filed against him by American Hero and Honorary Admin of the BV Files Thomas Retzlaff. See our article here====> Texas Attorney John Morgan Facing Disbarment Trial!!
So to get our story started: One Upon A Time, on February 19, 2014, plaintiffs James McGibney and ViaView, Inc. sued 10 defendants for $1,000,000.00 each for at least 11 overlapping but separately-denominated claims—several of which do not appear to be recognized civil causes of action:
- Defamation; (Plaintiffs’ Original Petition, ¶ 17.)
- Defamation per se; (Id.)
- Business disparagement; (Id., ¶ 20.)
- Intentional infliction of emotional distress; (Id., ¶ 19.)
- Tortious interference with “business relationships;” (Id., ¶ 20.)
- Harassment; (Id.)
- Stalking; (Id.)
- Blackmail; (Id.)
- Extortion; (Id.)
- “Gross negligence per se in violation of Texas Penal Code sections 22.07, 42.07, and 42.072;” and (Id., ¶ 21.)
- “Unlawful verbal acts.” (Id., ¶ 22.)
PRO TIP: Texas Penal Code §22.07 is an assaultive offense captioned “Terroristic Threat” of which intent to “place the public or a substantial group of the public in fear of serious bodily injury,” inter alia, is a required element. TEX. PENAL CODE §22.07(a)(5). TEX. PENAL CODE §42.07, captioned “Harassment,” also requires intent. TEX. PENAL CODE §22.07(a). There is no provision for a private cause of action under these statutes. Furthermore, it is unclear how a person could “negligently” violate a penal statute of which intent is a required element.
You can see a full copy of it here: McGibney vs The Internets – Texas Lawsuit
One funny highlight that McGibney claims is:
So back on February 19, 2014, McGibney & ViaView filed their first LOLsuit in Texas, probably thinking that they have scared The Internets into submission so they will trouble McGibney & Company nevermore, and there shall be no further disagreement with all things McGibney throughout the length and breadth of the interwebz, and all shall love Kate Gosselin as much as little Jimmy boy does!
But (and there’s always a “but’ isn’t there?), but McGibney and his revenge porn ViaView buddies failed to take into account the level of not just anger towards them, but outright HATE – and we mean hate to the bone. And, thus, a White Knight appeared on the horizon by the name of Neal Rauhauser (a man, we want to make absolutely clear, we never heard of before these LOLsuits and who has ZERO control or association with this website) who decided that he was mad as hell and wasn’t going to take it anymore! Or Rauhauser could have been someone’s proxy?
FUN FACT: In the case at hand, while American Hero and Honorary Admin of the BV Files Thomas Retzlaff was a part of the Texas LOLsuit, he isn’t actually a party since McGibney dismissed the case against him as soon as American Hero and Honorary Admin of the BV Files Houston, TX attorney Jeffrey Dorrell stepped in an filed an anti-SLAPP motion for sanctions. But that still does not prevent him from taking certain actions behind the scenes, right Jimmy?
What does McGibney’s ace attorney, Evan Stone, have to say about this?
A reasonable trier of fact would conclude that Thomas Retzlaff was 1) the motivating force behind this litigation, 2) an active participant in this litigation, and 3) intimately involved with opposing counsel Dorrell in the handling of this litigation.
Now many people want to claim that there is some kind of secret, behind the scenes conspiracy here in which Rauhauser is being used as a front man or stalking horse by an alleged wealthy member of a murderous prison gang and his supposedly gay Republican / Big Oil lawyer friend (who also happens to be the top First Amendment lawyer in Texas). We totally do not wish to spread any kind of unfounded and made‐up rumors, so we won’t. But wouldn’t it be funny if it were true (not that McStupid would ever be able to find out – lol)?
KEEP IN MIND that I am not Thomas. We are not Thomas. We are sure that there is a Thomas (somewhere), and that he might have said some mean things on the interwebz, but he is not me, and I am not him, and he is not us. Nor are we Neal Rauhauser, JoJo Camp, Lane Lipton, Lora Lusher, Sue Basko, or Jeff Dorrell (all people whom McGibney has FALSELY accused us, the Admins of the BV Files, of being in his various court filings in both state and federal courts all across the country). A lot of people around the world HATE James McGibney and his revenge porn / blackmail company ViaView.
FACTS ABOUT THE GRAND CIVIL CONSPIRACY:
Judge Judy always asks three big questions (in various ways) when trying to get to the truth of a story:
• What else must be true for this to be true?
• What if things had gone a little differently?
• What’s really going on here?
If McGibney’s story were true, nine strangers of wildly varied ages, political orientations, social-economic backgrounds, computer abilities, and genders – all scattered across North America – somehow “found” each other on the internet, trusted one another enough to start committing a series of “horrific” criminal acts – all in conjunction and in tight coordination with each other, with the express purpose being to Take Out Bullyville!
What else must be true for this story to be true? Each of these nine people who knew what happened to McGibney must have valued his or her own interest above the principle that people should not commit crimes and harm one another.
Serious crime and conspiracy is abhorrent to people. There are men and women who are exceptions to this rule, who have no compunction against criminal acts, but they are few and far between, and they don’t advertise the fact — talking about it could be lethal to their freedom — so the odds against finding nine of them in one room outside of a prison are slim.
What if things had gone a little differently? is a truth-seeking question to ask when the story involves a deliberate plan or conspiracy. The more ways the plan could have gone wrong but didn’t, the more likely it is that the plan or conspiracy was fabricated after the fact by the supposed “victim” (in this case, James McGibney).
For the imaginary group’s imaginary plan to succeed, a thousand things had to go just right; if any one of them had gone even a little bit wrong they would have landed in prison. Their plan depended on (among other things):
◾None of the conspirators getting cold feet during the planning stages;
◾All of the conspirators keeping their secret, not spilling the beans while drunk or remorseful;
◾McGibney not calling the police while the IP information and physical evidence was still “fresh”;
◾All of the conspirators being computer literate and having really good skills so as to ensure there being no ADMISSIBLE evidence for the police or courts (as opposed to McGibney’s FAKE “evidence” and wildly speculative conjecture);
◾A lawyer in TX willing to throw away his multimillion dollar Big Oil law practice to help out by committing a bunch of felonies;
◾Everyone of the nine working together and not getting tired or bored or wandering off to do other things instead;
◾The conspirators not rolling over on each other when threatened with prison time by McGibney’s e-Thugs and drug addict lawyer; and
◾McGibney not telling his story to a competent lawyer, who could then easily set things to rights once again.
There are two explanations for how this plan succeeded so well for two years.
1. Either the conspirators walked between raindrops; or,
2. The death threats, defamations and such never happened.
The second explanation is the most likely.
The third question, What’s really going on here? sets the allegations against known facts, verisimilitude, and plausibility, and finds the most probable explanation. “What’s really going on here?” led the TX lawyer and a certain vexatious litigant to evidence that McGibney, the supposed victim, had fabricated death threats and computer “evidence” many times in the past and that he had some kind of Option agreement with Warner Brothers that was coming up and, thus, he needed some quick PR to get ‘over the hump’ so his show would get picked up.
Just like what McGibney did with his Hunter Moore LOLsuit, which helped get him all sorts of free publicity and his face on lots of stupid TV shows.
“What’s really going on here?” led people to the conclusion that this Texas LOLsuit filed on February 19, 2014, was just an opening salvo in an upcoming McGibney PR blitz and, thus, it needed to be SLAPPed down and SLAPPed down hard. “What’s really going on here?” caused people to figure out that McGibney was lying about everything – to include his claims as to how Brittany (TR’s daughter) ended up on McGibney’s revenge porn website.
Our three questions —What else must be true for this to be true?, What if things had gone a little differently?, and What’s really going on here? didn’t lead us, the BV Files Admins, all the way to what now appears to be the truth — that McGibney was lying about Brittany and her Cheaterville post, and lying about the death threats, so as to generate publicity for a hoped for TV / movie deal with Warner Brothers and others — but each led us in the right direction and made us disbelieve the story as outlined by Leiderman and McGibney.
So here is a copy of the entire sanctions order. CHECK IT OUT.
For those of you who cannot wait for our next article, here is a pdf of McGibney’s motion for new trial====>Motion for New Trial
This article has been worked on and massaged for the past seven days. It is not as ‘clean’ as we would like it to be. So keep checking back for periodic changes and updates!
For years James McGibney and his revenge porn / blackmail company ViaView have sought the spotlight. But McGibney needs to remember something very, very important: For a man in his position, the spotlight can turn into an interrogation lamp pretty damn fast!