Lawsuit: Adjourned ultrapvpnoob v. dygyee [2022] FCR 78

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ultrapvpnoob

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  1. IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
    CIVIL APPEAL
    ultrapvpnoob
    Plaintiff

    v.
    dygyee
    Defendant

    (As there has not been an established process for filing appealed cases as the Defendant, I do apologize if there are any errors here. I’ve made it as similar to a CIVIL ACTION as possible.)

    COMPLAINT
    The Plaintiff complains against the Defendant as follows:
    The Defendant sued the Plaintiff for slander and won without a fair trial. Throughout this appealed case, the Plaintiff will show that the Defendant was incorrect and that slander did not occur.

    The original complaint against ultrapvpnoob read as follows: “Right after dygyee posted an advertisement for his casino, named Crown Casino, ultrapvpnoob says in general chat: "dygyee, your casino is a scam." This slander potentially deterred possible customers from gambling/playing card games at Crown casino.”

    I. PARTIES
    1. dygyee (Owner of Crown Casino)
    2. Ultrapvpnoob

    II. FACTS
    1. On September 10th, dygyee posted an advertisement for his casino for people to play poker at Crown Casino located at CBD035.
    2. Aezal had already showed up and we were waiting for more people to play poker when ultrapvpnoob stated in general chat that dygyee's casino was a scam.
    III. CLAIMS FOR RELIEF
    1. The Defendant, dygyee, received a Prayer for Relief in an unfair trial.

    IV. PRAYER FOR RELIEF The Plaintiff seeks the following from the Defendant:
    1. $1000 to undo the falsely-awarded prayer for relief of DCR 43
    2. $250 in legal fees
    3. $250 in emotional damages

    By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.
    DATED: 5/10/2022
 
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IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@dygyee is required to appear before the Federal Court in the case of ultrapvpnoob v. dygyee [2022] FCR 78.

Failure to appear within 48 hours of this summons will result in a default judgement based on the known facts of the case.

Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS
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The Appellee move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

1. The Appellant's reason for appealing the original verdict in Crown Casino v. Ultrapvpnoob [2022] DCR 43 is that the court posted a verdict despite the fact that the Appellant didn't agree with the charge of slander.

2. The court made their verdict knowing all of the facts because none of them were disputed. This is called a summary judgement which presiding judges may make assuming none of the facts are disputed (which they weren't).

3.Even though the Appellant disputed the charge of slander, the summary judgement was made legally, and the Appellant must respect that.

Dated: This 6th of October 2022

On a separate note, I would like to add on an additional $250 in legal fees for being required to litigate this appeal.
 
The Appellant has 24 hours to respond to this if they wish.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
REBUTTAL TO MOTION TO DISMISS

1. While it is true that I disagree with the original verdict, that is not the reason for appealing. As stated in the Appeal Request, I was not given the opportunity to argue my case and prove that this was not Slander, violating my right to a fair trial. (Appeal request: Appeal: Accepted - DCR 43 - Appeal Request)

Given that this is public information that dygyee was (or reasonably should have been) aware of, I believe this court can find dygyee guilty of perjury for boldly claiming a demonstrably false fact.

2. Typically the courts ask if both parties agree for a Summary Judgement, and do not opt to make them if either party still has arguments to make.

3. Again, disallowing me from arguing my case in court directly violates my right to a fair trial.
 
Your honor, while typically it is not normal, if you allow, I would like to respond to what the Appellant stated in his rebuttal as he has accused me of committing perjury and has 2 other major flaw in his rebuttal.

Thank you for your consideration.
 
I will be rejecting the motion to dismiss, as no summary judgment was ever motioned for, and the presiding officer cannot unilaterally make one without either party's expressing the wish for one. The Appellant may now present their opening statements.
 
OPENING STATEMENT
1. While I did seemingly make defamatory remarks about dygyee's casino, it cannot be proven that I actually caused harm to the casino
2. Furthermore, I only stated one fact about the casino, which was that I lost money there, which is true.
 
MOTION TO STRIKE:

I request that the court strikes the Appellant's opening statement from the record as it has been posted many hours after the deadline that was given by the court. The court gives deadlines as to keep cases moving, and all parties are expected to follow the deadline. In this case the appellant failed to meet the deadline, and therefore should have his opening statement stricken from the record.
 
The motion is granted, and the Appellant's opening statement is stricken from the record. The Defendant may now present their opening statements.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
Opening statement:

Throughout the first case, the appeal, and the filing of this case, the Appellant has yet to give any reason as to why what he said wasn't slander. He admitted to saying "dygyee's casino is a scam", he admitted that he had no proof or evidence to back up what he said. It is also the appellant's responsibility to pass the burden of proof, however it's hard to pass the burden of proof when you have no evidence that supports your claim in any way. As Judge Aladeen said in the verdict of the original court case, some days people win, and others people lose. That's what gambling is. Just because the Defendant may have lost some money at my casino, he has no right to slander it.

Even though I don't have to prove that that my casino isn't a scam, as the burden of proof is on the appellant, I will prove to you that my casino is not a scam, as there are plenty of people who have won large amounts of money from my Casino.

This appeal, and refiling of the case is in my opinion frivolous, and was possibly posted to delay the payment. Along with that, I am taking a large amount of my time to litigate this case, and that is why I'm countersuing for $250 in legal fees.
 
Thank you to both parties. We will now be moving on to witness testimonies. Both parties may present a list of witnesses they wish to call, or state that they have none, within 48 hours.
 
I have no witnesses to call.
 
I would like to call _Pugsy and Olisaurus123
 
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IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@Pugsy and @Olisaurus123 are required to appear before the Federal Court in the case of ultrapvpnoob v. dygyee [2022] FCR 78 as witnesses.

Please familiarize yourself with the case as it stands at present. You will receive questions and may also be cross-examined.

I ask that all questions be provided to witnesses in a single post. If some questions need to be withheld as they depend on answers given to earlier questions, that is also considered reasonable. Once all witnesses have declared themselves present, the Plaintiff may begin with questions to their witnesses.

I am hereby informing each witness to ensure they are aware of the provisions of the law of perjury and its severity. Giving knowingly false testimony is highly illegal. Witnesses are required to tell the truth in their testimonies, pursuant to the Perjury Act.​
 
Present, your honor.
 
Present, your honor.
 
To Pugsy:

1. Could you please estimate how many games you've played at Crown Casino? (Game being defined as each hand of a card game or each spin of a slot machine).

2. How much money would you estimate that you've won at Crown Casino?


To Olisaurus123:

1. Have you gambled at Crown Casino before?

2. Have you made money at any point while gambling at Crown Casino?
 
1. I have played maybe around 15-20 blackjack hands at Crown casino.

2. I have probably made around 4k from that (1-2k per session of around 3 sessions of gambling at Crown Casino).
 
1. Yes.
2. I don't remember how much I won, I may have broken even, or I may have gained some I can't be too sure and to prevent myself from committing perjury am saying I don't know.
 
Your honor, it has been more than 48 hours since the last witness testified, and the Appellant has failed to ask any questions. I would request to the court that the Appellant's ability to cross-examine the witnesses be revoked, or a short time of 12 hours in order to keep this case moving.
 
OBJECTION
Breach of Procedure
dygyee has not stated that he has no follow-up questions, nor has the court informed me that I am able to cross-examine at this point. dygyee is asking to be given an upper-hand in this case and give me yet another unfair trial by breaching the procedure of witness questioning in court.
 
Response To The Objection For Breach of Procedure:
There is no need for me to state that I have no follow up questions, as it was asked of me by the presiding judge to post all of my questions in 1 post.

Furthermore, I am not asking for an upper-hand in this case, but rather for the court to move on if the Appellant fails to post something that they're supposed to within the standard 48 hours. I am trying to move this case along, as it has already taken up a lot of my time, and as I said earlier, it appears to me that the Plaintiff only filed this appeal to further cause a further delay in the case that was already ruled upon fairly. Again the extra time that this has caused me is the reason I'm countersuing for $250. Due to this case taking longer than expected, I would like to increase my prayer for relief from $250 in legal fees to $500 in legal fees.

Lastly, the Appellant has simply failed to explain how I breached the procedure of witness questioning. He just stated that I did, and backed his claim up with no factual evidence.
 
The objection is sustained. The instructions to the questioning party, while indeed requesting that all questions be made in one post, allow for follow-up questions if necessary. It is impossible to know if the party is actually done or if they plan to make a follow-up question without any indication.

Given that the Defendant has now stated they are done questioning the witnesses, I will allow the Appellant 24 hours to cross-examine the witnesses. Follow-up questions are permissible, so I request that for clarity's sake the Appellant state that they have no further questions when they are done cross-examining.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS
The Appellee moves that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
Click to expand...
1. The Appellant has yet again missed a deadline. He objected on the grounds of breach of procedure when no procedure was broken, and was awarded more time to question the witnesses. However he failed to meet this deadline.

2. This isn't the first deadline he has missed, he also failed to provide an opening statement to his appeal in time, and it was stricken from the court record.

3. At this point the Appellant is wasting the time of me, the witnesses, and the court, and this case should be dismissed without prejudice, as it is always the Plaintiff's/Appellant's responsibility to pursue the case, and stay active within the case. It is also not unprecedented, as multiple cases in the past have been dismissed if the Plaintiff has missed a deadline.

4. We will be moving on to closing statements, and the only thing the Appellant has on record right now is the case filing itself, and objections/responses. It is completely disrespectful, and nothing short of a joke.

5. For these reasons I ask that you dismiss this case with prejudice, and award me the counter-suit money for $500 in legal fees.


Dated: This 2nd day in November, 2022
 
You're honor, I deeply apologize to you and the defendant for missing the deadline. I missed it due to technical difficulties, and I did not notice that it did not post not post until the above response. May I Please post the questions within the next few hours?
 
You have 24 hours to respond to the Motion to Dismiss. After 24 hours have elapsed I will rule on the motion.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
REBUTTAL TO MOTION TO DISMISS
1. I objected on Breach of Procedure and the objection was SUSTAINED. For this reason, I request dygyee be charged with Perjury for saying there was no Breach of Procedure.
2, 3, 4, & 5. Once again, I truly am sorry for missing the deadline. I clicked the "post" button but must have left the page too quickly. I had every intention to ask the witnesses questions, and even believed I did so. It would not be fair to dismiss a case due to IRL technical difficulties.
 
After deliberation, I will be rejecting the motion to dismiss, however I will consider any further tardiness as grounds for immediate dismissal and a charge of contempt of court. The Appellant may cross-examine the witnesses.
 
To Pugsy:
Have you made any money at the casino with the slot machines?
 
Objection Asked and Answered:

Pugsy was already asked how many games he has played at the casino, and how much money he has made. He answered that he had only played 15-20 hands of blackjack and made around 4k. The Appellant has asked a question about a game that he knows the witness didn't play as he stated he only played blackjack in his previous testimony.

The other witness, Olisuaurus123 was the witness that showed that the slot machines weren't a scam as he did in fact win a little bit of money. Pugsy didn't use the slot machines, and this is yet another attempt to delay this case.

I will ask that the court strikes the the question from the record, and that we move on to closing statements. Due to yet another apparent, intentional delay by the Appellant, I will be raising my Countersuit legal fees from $500 to $600.
 
This objection is overruled, as asked and answered comes into play when one party repeatedly asks a witness a question. In this case, it is the first time the Appellant has asked the question.
 
Given that more than 48 hours have passed, I will consider the Appellant's time to cross-examine expired. We will now move on to closing statements. The Appellant may present their closing arguments.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT

CLOSING STATEMENT

Your honor, I have several things to say.

First of all, dygyee claimed “the Appellant has yet to give any reason as to why what he said wasn't slander.” I must emphasize that he is suggesting I must prove I didn’t commit slander, when in reality, it is dygyee’s job to prove that I did commit slander.

Secondly, dygyee further attempts to push the burden proof on to me as he claimed “Even though I don't have to prove that that my casino isn't a scam, as the burden of proof is on the appellant, I will prove to you that my casino is not a scam, as there are plenty of people who have won large amounts of money from my Casino.” Once again dygyee gives no evidence that his casino was not a scam and no evidence that I committed slander.

Thirdly, while it is possible that the witnesses have won money at the casino, this is not sufficient proof that the casino is in fact, not a scam. There are multiple ways for the witnesses to still win even though the casino could be a scam. For example, if it is advertised that there is a 4/9 chance of winning, but there’s really a 3/9 chance, lots of people can still win, but it is still considered a scam. Another example is if there was a 4/9 chance, but a machine kept accepting payments after it ran out of rewards. Once again, this is considered a scam, even if in the past people won. It is not my responsibility to prove that the casino was a scam. It is dygyee’s responsibility to prove it was not a scam.

Essentially, it comes down to this:
According to the Defamation Act October 2020, “Slander is a false statement which defames another person.” dygyee has failed to prove that when I went to the casino, it was not a scam. For this reason, I cannot be found guilty of slander.

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: 16/11/2022
 
Thank you. The Defendant may now present their closing statements.
 
Your honor I’m extremely sorry for missing the deadline, however I have a concussion, and my screen-time is extremely limited due to that, may I have an extension to post my statement.
 
Of course, a medical situation such as a concussion is an extenuating circumstance, and I will be granting an extension due to that. Take the time you need in order to recover.
 
I’m sorry for the delay, I am giving an update, I will be cleared to use screens for an extended period of time at the latest by Friday but it will most likely be this Wednesday.
 
Noted, thank you.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT

CLOSING STATEMENT:

In response to what the Appellant stated in his closing statement, it is up to the appellant to pass the burden of proof. In the original case, when I was the plaintiff, I had to pass the burden of proof, and the court ruled that I did in fact pass the burden of proof. However now the roles have reversed. When you appeal a court case, you become responsible for proving that the original judge made a mistake, and the burden of proof is on you as the appellant.

With that being said, the appellant has failed to prove at all that the original judge's decision was wrong, and that he didn't slander my casino. (There is photo evidence in the first case that he called my casino a scam in general chat). He doesn't dispute this, however says that calling my casino a scam isn't slander. Not once did he explain why calling my casino a scam is slander.

Even though the burden of proof isn't on me, I have still proved that my casino isn't a scam by bringing in 2 witnesses that have both won money at my casino (1 from card games, and the other from slots).

Lastly the Plaintiff brought up in his closing statements the fact that if odds state there is a 4/9 chance but really there is a 3/9 chance, it's a scam. The only issue with this statement is the fact that my casino didn't state the odds of winning, and he needed to ask for those odds which he never did. He is trying to bring up an irrelevant claim that has nothing to do with this case.

I would also like to remind the court of my countersuit for $600 in legal fees.

On a separate note, I would like to apologize to both Ultrapvpnoob and JudgeBanana for this delay, and I would also like to thank both of them for being accommodating of my physical health.
 

Verdict


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
ultrapvpnoob v. dygyee [2022] FCR 78

I. PLAINTIFF’S POSITION
1. The Plaintiff made a statement about the legitimacy of a casino, which was followed by evidence of lost money.
2. The Defendant saw this and sued, claiming that it was slander.
3. It is the job of the owner of the business in question to prove legitimacy, not of the accuser to prove the lack thereof.
4. The Plaintiff attempted to defend themself in court, however the presiding magistrate moved to an immediate judgment, unfairly costing the Plaintiff $1,000.

II. DEFENSE’S POSITION
1. The Plaintiff did slander the Defendant by making a baseless claim about the casino’s legitimacy.
2. It is the burden of the person making the claim to provide proof of an unfair business, and if they cannot, the statement constitutes slander.
3. People have won money at the casino, proving that the casino is fair.

III. COURT’S OPINION
1. Slander is defined by the Defamation Act as “a false statement which defames another person.”
2. It is the opinion of the court that the burden of proof relies on the person making the statement, as if they cannot prove their claim, stating it like it is fact can constitute falsehood.
3. There is a minimum $50 punitive award in slander cases that must be awarded if the Defendant is found to have slandered the Plaintiff.
4. The damages awarded for slander are not assumed, and must be proven in court for anything more to be given to the Plaintiff in a slander case.
5. In this case, it is the opinion of the court that the Plaintiff did slander the Defendant, as losses in a casino are not definitive proof of a “scam” and losing is a risk that is assumed when gambling.
6. This being the case, however, the Defendant did not prove that there were concrete damages as a result of the slander, and thus no damages can be awarded as a result of the statements.


IV. VERDICT
I hereby find in favor of the Defendant, however I will be altering the award from the original case.

I am reducing the award given to the Defendant from the original $1,000 to the minimum penalty for slander of $50.

I order that the Defendant be fined $950 (the original $1,000 minus the $50 the Defendant is entitled to) and the Plaintiff be unfined the same amount by the DOJ. As the Defendant started the original case, I will not be granting the countersuit for legal fees.

The court thanks both parties for their time. This case is hereby adjourned.

 
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