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Good day, eh.  Well today’s topic is all about a Crazy Little Man Named James McGibney (who we don’t like) and the battle royal about to take place in front of the Court of Appeals for the Sixth Appellate District in San Jose, California!


BUT FIRST SOME UPDATES….

 

The federal lawsuit filed by James (Jimmy the Piss Boy) McGibney and his Vicodin using attorney, Jay Leiderman of Ventura, CA is officially dead and buried – only not so buried (as you will see).

ECF 173 Order on dismissal

 

Pending are three separate motions:

  1. A motion for sanctions in which our American Hero and Honorary Admin of the BV Files Thomas Retzlaff is seeking penalties of $250,000 against both Leiderman and McGibney, as well as nonmonetary sanctions;
  2. A motion to have costs assessed against McGibney and ViaView on account of them losing the lawsuit; and,
  3. A motion to have certain parts of the court record sealed (such as the over 40 naked pictures of Brittany Retzlaff that were placed into the court files by McGibney and Leiderman in an effort to blackmail and harass Brittany).

 


 

Santa Clara bench warrant

Hey McGibney – I thought you and Leiderman were going to appeal Judge Freeman’s order all the way up to the US Supreme Court?  What happened, man?  Your nuts shrivel up and turn into ovaries?  #TangoDown @Bullyville & @Cheaterville  You weren’t lying to us then were you Piss Boy?

Because McGibney failed to timely file an appeal of this decision, Judge Freeman’s Order is now a final order and nonappealable.  Thus, this decision has become new law for the Northern District of California and anyone else thinking of filing a LOLsuit will see this decision being used in future cases.

Thus, like the case in Texas, this decision here has become a first-of-its kind precedent setting case!

 


Fun Fact:  Each of these motions are separately appealable.  Thus, if TR does not like the results he gets from the Court, he can appeal them and drag this case out for another year or more – and Leiderman and McGibney will have no choice but to keep on paying and playing if they wish to keep up.


In any event, the big LOLsuit and all of McStupid’s so very, very stupid allegations are completely and utterly dead and buried on account of a legal doctrine called Equitable TollingEquitable tolling is a principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations period.

HOWEVER, the law in California, Arizona, and Texas all state that the Statute of Limitations has expired on ALL of McPissBoy’s claims because he filed his LOLsuit in a court that was not in the proper jurisdiction.

 

relitigate

Thus, McGibney and ViaView, Inc. are forever foreclosed from ever filing its lawsuit against Retzlaff (or any of the other defendants) in either a federal or state court in California, Texas, or Arizona. See, e.g., Gordon v. Law Offices of Aguirre & Meyer (1999) 70 Cal.App.4th 972, 976 (plaintiff’s mistaken decision to sue California defendants in a foreign forum that has no jurisdiction over them provides no justification for equitable tolling); Lewallen v. Cross, 2014 Tex. App. LEXIS 9525, *9-10 (Tex. App. Austin Aug. 27, 2014) (no Texas authority showing that the doctrine of equitable tolling applies to suits filed after the limitations period in the wrong court); Short v. Dewald, 226 Ariz. 88, 94, 244 P.3d 92, 98 (Ariz. Ct. App. 2010) (AZ savings clause does not apply to actions dismissed for lack of personal jurisdiction).


 

In other news, someone’s super special Special Appearance attorney made a surprise briefing in the San Jose restraining order case informing the trial court that Leiderman was trying to pull some shady shit.

Last Friday (July 24, 2015) a complaint was lodged with the Santa Clara County Superior Court, Department 19.

Notice of Fed Ct 1

In a surprising, not so surprising, development, it seems that Sheriff’s departments in both Texas and Arizona are refusing to serve Leiderman’s California court orders upon our American Hero and Honorary Admin to the BV Files Tom Retzlaff.  It seems that no one gives two shits about TROs, court orders and other bits of nonsense, either.  Am I right, Jimmy boy?  Yeah, you know we are.

So what is going to happen August 17th?  Probably the same things that happened on October 6th, and February 2nd, and every other day since July 29, 2014 – i.e., not a god damn thing.

fLx1lZq

 


Some Random Person We’ve Never Heard Of Before sent us these pictures below.  We are not quite sure why, but we think that this person just does not give two shits about TROs and court orders.  But we are not certain.  So if you guys have any opinions, please let us know.

 

b4 b b1 b2

b3

What kind of heat is he packing on his hip there?  Likely 44 caliber's worth of #GFY McGibney

What kind of heat is he packing on his hip there? Likely 44 caliber’s worth of #GFY McGibney

 

Hey, is that the new F-35 Joint Strike Fighter?  How on earth did a CONVICTED FELON get right up next to it and get to sit inside?

Hey, is that the new F-35 Joint Strike Fighter? How on earth did a CONVICTED FELON get right up next to it and get to sit inside?

 

 


SPECIAL UPDATE:

This just came into our group Admin’s email box and I thought it sufficiently funny to post it here.  It is a submission from one of the teeming MILLIONS of our readers, listeners, and supporters.  And if YOU have something sufficiently funny, please do not hesitate to send to us and we may post it, as well.  Also, if you have any cool pics of yourself, please feel free to send them, too. — Admin Mike

WHY JAMES McGIBNEY IS LIKE A FART:

He’s loud

He stinks

He rose above is point of origin

No one knows where he came from

He won’t go back there

We never wanted him in the first place

Any asshole could produce another one.

 

 


on with the show

In an effort to keep our teeming MILLIONS of readers, listeners, and supporters all up to date on all of the McGibney related nonsense, your Admins here at the BV Files spend our hard-earned money each and every month to run this bulletproof server that is based in a foreign country, far from the reach of any stupid court orders, TROs or other BULLSHIT (to use a medical term we learned while playing ‘doctor’ with our sisters).  We also decided to spend some of our cash to get our hands on the newest and bestest appellate brief we have ever seen in our entire lives that was just filed last week in the San Jose LOLsuit case involving allegations of workplace violence that did not at all take place in a workplace, but did take place in the drug fueled imaginations of James McGibney (who we don’t like) and his stupid attorney Jay Leiderman.

We paid nearly $50 to get our very own copy of this 82 page brief of nuclear powered vexatious litigation.

6th Dist Ct of Appeals - H041521

 

Because we do not wish to use up all the lulz, we will be posting articles about this brief in a six part series spread out over the next few weeks.  The document is 82 pages long, jam packed with all sorts of complicated legal words, case law examples, and citations to the trial court records – just like all good appellate briefs should.

ghostwriter

If you believe James McGibney, and why wouldn’t you, this brief was ghost written by none other than Houston, Texas, attorney (and expert on First Amendment law), Jeffrey Dorrell and some guy named “Stanley.”

So here are just the opening parts of this brand new court filing!  Enjoy, and stay tuned for more as the days progress!

 

H041521_AOB_Retzlaff_Page_04

H041521_AOB_Retzlaff_Page_05

H041521_AOB_Retzlaff_Page_15 H041521_AOB_Retzlaff_Page_16 H041521_AOB_Retzlaff_Page_17

H041521_AOB_Retzlaff_Page_18 H041521_AOB_Retzlaff_Page_19 H041521_AOB_Retzlaff_Page_20

H041521_AOB_Retzlaff_Page_21 H041521_AOB_Retzlaff_Page_22 H041521_AOB_Retzlaff_Page_23

H041521_AOB_Retzlaff_Page_24 H041521_AOB_Retzlaff_Page_25 H041521_AOB_Retzlaff_Page_26

H041521_AOB_Retzlaff_Page_27

 

Like we said, we will be posting this brief in segments.  More will be forthcoming!

BV getting peed on

 

 

 

 

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