American Hero & Honorary Admin of the BV Files Thomas Retzlaff receives a unanimous decision from the California Sixth District Court of Appeal in the final LOLsuit that had been filed against him by San Jose revenge pornographer and accused pedophile James McGibney (who we don’t like). Thus, bringing to a final end a series of SLAPP lawsuits filed against Retzlaff – and many others – by McGibney.
As our long-time readers will recall, McGibney claimed to be the Sheriff of the Interwebs and the Ultimate Decider of what is “good” and “bad” in the Twitterverse. If you had the temerity to say something that he did not like or to disagree with him in any way, McGibney would promise to come after you with ‘both guns blazing’ using what he claimed was his Online Army of Internet Vigilantes from the illegal hacking group Anonymous.
McGibney claimed to having a group of Navy SEALS at his beck and call as his own Personal Army.
James McGibney hired Deric Lostutter to work with him as his employee for McGibney’s revenge porn ViaView company.
Unfortunately for McGibney, Lostutter, 29, has just been charged with multiple counts of computer hacking in the Eastern District of Kentucky, according to an indictment handed down Thursday, July 7, 2016, in Lexington, Kentucky. Specifically, he is charged with one count of conspiring to gain unauthorized access to a protected computer, two counts of hacking and one count of lying to investigators. If convicted, he faces up to sixteen (16) years of federal imprisonment and $350,000 in fines.
Prosecutors allege Mr. Lostutter, using the alias “@KYAnonymous,” participated in a hacking campaign beginning in December 2012 with the intention of intimidating and harassing an individual who ran a website dedicated to the Steubenville (Ohio) High School football team.
Who else do we know of that likes to participate in hacking campaigns with the intention of intimidating and harassing individuals he doesn’t like?
Our long time readers will recall that in the Texas lawsuit that McGibney had filed against Retzlaff, Neal Rauhauser and many others, that McGibney had claimed to have hacked into the emails accounts of American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell. McGibney further admitted to have planted child pornography onto the law firm’s computer servers in an effort to cause problems for Dorrell and his law firm.
McGibney has done this with many, many others. CHECK IT OUT!
And lastly here is McGibney claiming (falsely) that he has hacked into our BV Files blog and obtained IP addresses of our visitors.
Recall that this was not the first SLAPP suit that McGibney filed.
A special note of thanks goes to American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell who is a partner with the Hanszen Laporte Law Office for his tireless efforts here!
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 Alexander 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 set to begin in August 2016!
- Mark Caspers – Senior Partner & CEO at Las Vegas based Integrated Capital & Development Solutions (ICDS).
- 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 – Senior Vice President at Ledcor Construction Inc. in Las Vegas.
- 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 as Senior Vice President & General Counsel for Tutor Perini Building Group in Phoenix, AZ.
- James McGibney – serial resume fraudster & deadbeat with TWO Chapter 7 bankruptcies under his belt.
Q: What is an LOLsuit and why do you constantly refer to them here?
A: 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).
ViaView and McGibney have been sued FOUR times in federal courts for defamation, blackmail, extortion, and RICO violations.
- Powers v. Cheaterville.com & McGibney; Case # 2:13-cv-01701-JAMCKD, filed in the U.S. District Court for the Eastern District of California dated August 16, 2013.
- Quainoo v. McGibney & Cheaterville.com; Case # 1:14-cv-00674-JKB, filed in the U.S. District Court for the District of Maryland dated March 7, 2014.
- Holmes v. ViaView, Inc. & McGibney; Case # 1:13-cv-04270-HLM, filed in the U.S. District Court for the Northern District of Georgia dated May 28, 2014.
- Baldwin v. McGibney & ViaView, Inc.; Case # 1:14-cv-23941-PCH, filed in the U.S. District Court for the Southern District of Florida dated December 7, 2015.
There have been many news reports throughout the world reporting on these and other lawsuits that have been filed.
Revenge pornographer and tax deadbeat McGibney works for San Jose, CA based Rosendin Electric. We urge each and everyone of our teeming MILLIONS of readers, listeners, and supporters to immediately reach out and contact Rosendin Electric to protest their hiring of a piece of human garbage.
FUN FACT: Millions of you have taken part in this nationwide poll thus far. At the bottom of the article we would ask our newest readers to please take part and help us decide once and for all.
On June 22, 2016, you will recall the Court of Appeals conducted oral arguments in this case. According to James McGibney’s one remaining supporter, oral arguments did not go well for Retzlaff.
For those of you curious, here is a link to the audio of the arguments so you can listen in and decide for yourself. It costs $20 for the CD, so many thanks to Some Random Person We’ve Never Heard Of Before for laying out the cash and getting this for you all!
So here is what the California Sixth District Court of Appeal had to say in a unanimous decision handed down just two weeks after the conclusion of oral arguments. CHECK IT OUT!
PLEASE PAY SPECIAL ATTENTION TO THE YELLOW HIGH LIGHTED PORTIONS OF THIS DOCUMENT
FUN FACT: On no less than TEN SEPARATE OCCASIONS the Court of Appeals makes specific note that McGibney had NO EVIDENCE to support any of his claims against Retzlaff. None whatsoever. Take note, too, that the Court specifically states that it is disregarding the brief filed by ViaView because of a failure to cite to the appellate record. This is a real big deal for a court to do and is not done lightly.
Here are just a couple quotes to take note of from the Court:
But to oppose the motion to quash, ViaView had to do more than rely on allegations. It had to produce admissible evidence that supported its jurisdictional facts. ViaView produced no evidence to support this assertion.
ViaView did not present any competent evidence in opposition to the motion to quash that Retzlaff made the threats alleged in the petition or the additional threats McGibney complained of at the hearings on the TRO.
ViaView argued that the court had personal jurisdiction because Retzlaff’s conduct was directed at California since he published McGibney’s California address and was “telling people to go kill [McGibney] and rape his wife here in San Jose.” ViaView submitted a brief and “a massive stack of proof” to support its allegations, which the court agreed to read over a break. (Neither the brief nor the “massive stack of proof” is in the record.)
Oh, and check this out!
In addition, there was no evidence the police or the district attorney are investigating this case
We conclude that ViaView has failed to demonstrate with competent evidence that Retzlaff had sufficient minimum contacts with California
BUT WAIT – THERE’S MORE!!!
ViaView also argues that when a defendant commits a crime in the forum state, he purposefully avails himself of the forum. It argues that it is illegal to harass, threaten, and stalk an individual, and it asserts that jurisdiction is proper based on the criminal nature of Retzlaff’s alleged threats against McGibney and his family. But this is a civil case, not a case about a prosecutor’s ability to prosecute alleged criminal acts that originate outside the prosecutor’s home state.
Here is a link to the Lexis version of the Opinion for your viewing pleasure====> ViaView v Retzlaff – 2016 Cal.App. LEXIS 549
For those wishing to cite this case in their own legal papers, here it is:
Viaview, Inc. v. Retzlaff, 2016 Cal. App. LEXIS 549 (Cal. App. 6th Dist. July 6, 2016)
2016 California Rules of Court
Rule 8.278. Costs on appeal
(d) Recoverable costs
(1) A party may recover only the following costs, if reasonable:
(A) Filing fees;
(B) The amount the party paid for any portion of the record, whether an original or a copy or both. The cost to copy parts of a prior record under rule 8.147(b)(2) is not recoverable unless the Court of Appeal ordered the copying;
(C) The cost to produce additional evidence on appeal;
(D) The costs to notarize, serve, mail, and file the record, briefs, and other papers;
(E) The cost to print and reproduce any brief, including any petition for rehearing or review, answer, or reply;
(F) The cost to procure a surety bond, including the premium, the cost to obtain a letter of credit as collateral, and the fees and net interest expenses incurred to borrow funds to provide security for the bond or to obtain a letter of credit, unless the trial court determines the bond was unnecessary; and
(G) The fees and net interest expenses incurred to borrow funds to deposit with the superior court in lieu of a bond or undertaking, unless the trial court determines the deposit was unnecessary.
(2) Unless the court orders otherwise, an award of costs neither includes attorney’s fees on appeal nor precludes a party from seeking them under rule 3.1702.
So how did McGibney’s attorney, Jason (Jay) Leiderman from Ventura, California, react to this surprising (not so surprising) decision?
HE QUIT THE CASE!
Check out this email Leiderman wrote to Dorrell and Retzlaff yesterday (June 7th) in response to a message from Retzlaff. (FYI: Leiderman’s response is on the top; the initial email is below it.)
Oh, and lastly do not forget that there are the two pending Petitions for Writ of Mandate regarding the removal of the trial judge and the quashing of the WordPress subpoena.
Of course, if you wish to take the word of McGibney’s last remaining supporter, these, too, are about to be dismissed and Retzlaff will lose yet again:
Yeah, whatever, asshole.
Be sure to tune in tonight, at 10 pm ET / 7 pm PT, for a very special episode of the Mike Arpey Blog Talk Radio show!
UPDATED LINK JULY 15, 2016: Here is a link to his show====> https://soundcloud.com/user-55880290/btr-show-7-8-16-mike-arpey-show-with-tr
IS JAMES MCGIBNEY (WHO WE DON’T LIKE) A PEDOPHILE?
So take part in our newest and bestest poll ever and help answer this age-old question once and for all!
And remember: no matter how badly your life may be going at this present time, you’re not as big a loser as James McGibney is. After all, he has lost EVERYTHING due to the efforts of one or more determined persons or people who might or might not have been engaged in a vast conspiracy against him – and it was all done for the lulz!