Lawsuit: Dismissed Creepy505 V. TheMusica [2023] DCR 13

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Creepy505
Plaintiff

v.

TheMusica
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

During the recent special senate elections the plantiff (a canidate) was hit with a slanderous claim by the defendant. The defendant said "Creepy says that he cares about the new players but be the main ones killing them around spawn"


I. PARTIES
1. Creepy505
2. TheMusica

II. FACTS
1. As the plantiff was casually campaigning I said "Someone told me that TheMusica has bad taste in music. Dont vote for someone who has bad taste vote for someone with good taste vote Creepy505"
2. Musica replied with the slanderous statement that potentially damaged the plantiff's reputation

III. CLAIMS FOR RELIEF
1. Law 17.8 clearly defines slander as a purposeful false statement of a player to cause damage to that player's reputation. which is clearly what was done by TheMusica
2. This potentially caused damage to to the plantiff's reputation

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $100
2. . A paragraph long apology on the defendants actions and how they could improve their behavior in the future along with a retractment of the statement made

Evidence attached

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: This 24th day of June 2023

 

[Westray]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

Creepy505
Plaintiff

v.

TheMusica (represented by Levinson Scott)
Defendant

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. The Plaintiff attacked the Defendant with inflammatory comments first to trigger the discussion. As shown in the Plaintiff's own evidence, he stated "Someone told me musica has bad taste in music" followed by "vote someone who has good taste in music." The comments by the Plaintiff started a political debate, which prompted the Defendant's response. This is nothing more than two people having an argument over the character of one another.
2. The Plaintiff has failed to explain the intent of the Defendant. As stated in the law, for a comment to be considered slander, it must be done on purpose to cause damage to someone's reputation. The Plaintiff has not told the court why the Defendant would have the intent to damage his reputation.
3. The remarks made by the Defendant are based on publicly accessible information. The Plaintiff has openly bragged about murdering players, therefore it is truly false for the Defendant to point out his history of killing? I would argue that it is not a false statement.

4. This case is politically charged, involving two competing candidates in an ongoing election. Negative campaigning is a common strategy employed during elections, which falls under freedom of political expression in the constitution. This is not a matter for the court, but a matter for the voters. I urge the court to dismiss this frivolous case against the Defendant.

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: This 25th day of June 2023

 

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

RESPONSE TO MOTION TO DISMISS

I. The plaintiff is running against the defendant in the senate special election therefore a motive would be to harm the plaintiff's reputation in order to discourage potential voters for the plaintiff

II. This was simply not an argument or debate it was the defendant attempting to harm the plaintiff's reputation. The defendant knowingly made a false statement.


III. The remarks were made not to point out the plaintiff's history but to harm his reputation with a false statement.


IV. This case is not frivolous, the defendant slandered the plaintiff as shown in the screenshot.


DATED: This 25th day of June 2023

 

[Mask3D_WOLF]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS
@TracyMusic is required to appear before the District Court in the case of Creepy505 v. TheMusica. 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.​

 

[Mask3D_WOLF]

This is your final warning to not speak out of turn @Westray and @Beanfart505. Failure to comply could result in a contempt of court charge. Both of your posts are hereby stricken from the record.

 

[Westray]

This is your final warning to not speak out of turn @Westray and @Beanfart505. Failure to comply could result in a contempt of court charge. Both of your posts are hereby stricken from the record.

My apologies, your honour. I have posted my motion to dismiss on behalf of the Defendant prior to summons as was typical with cases. Should I post the motion once again or will the court review the one I have already submitted?

 

[Mask3D_WOLF]

My apologies, your honour. I have posted my motion to dismiss on behalf of the Defendant prior to summons as was typical with cases. Should I post the motion once again or will the court review the one I have already submitted?

I would like for you to post it again, along with proof of representation please.

 

[Westray]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

Creepy505
Plaintiff

v.

TheMusica (represented by Levinson Scott)
Defendant

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. The Plaintiff attacked the Defendant with inflammatory comments first to trigger the discussion. As shown in the Plaintiff's own evidence, he stated "Someone told me musica has bad taste in music" followed by "vote someone who has good taste in music." The comments by the Plaintiff started a political debate, which prompted the Defendant's response. This is nothing more than an argument between two candidates regarding the character of one another.
2. The Plaintiff has failed to explain the intent of the Defendant. As stated in the law, for a comment to be considered slander, it must be done on purpose to cause damage to someone's reputation. The Plaintiff has not told the court why the Defendant would have the intent to damage his reputation.
3. The remarks made by the Defendant are based on publicly accessible information. The Plaintiff has openly bragged about murdering players, therefore it is truly false for the Defendant to point out his history of killing? I would argue that it is not a false statement.

View attachment 35080

4. This case is politically charged, involving two competing candidates during an election. Negative campaigning is a common strategy employed during elections, which falls under freedom of political expression in the constitution. This is not a matter for the court, but a matter for the voters. I urge the court to dismiss this frivolous case against the Defendant.

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: This 25th day of June 2023

 

[Mask3D_WOLF]

The plaintiff has 48 hours to respond to the motion to dismiss.

 

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

RESPONSE TO MOTION TO DISMISS

I. The plaintiff is running against the defendant in the senate special election therefore a motive would be to harm the plaintiff's reputation in order to discourage potential voters for the plaintiff

II. This was simply not an argument or debate it was the defendant attempting to harm the plaintiff's reputation. The defendant knowingly made a false statement.


III. The remarks were made not to point out the plaintiff's history but to harm his reputation with a false statement.


IV. This case is not frivolous, the defendant slandered the plaintiff as shown in the screenshot.


DATED: This 25th day of June 2023

 

[Mask3D_WOLF]

I will be rejecting the motion to dismiss. The plaintiff has 48 hours to file an opening statement.

 

[Beanfart505]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
Opening Statement

Creepy505
Plaintiff

v.

TheMusica
Defendant

As pictured in the screenshot the defendant slandered the plaintiff which although the plaintiff may have said something before the slander does not mean the defendant can legally slander the plaintiff. The statement the defendant made was knowingly false and intended to harm the plaintiff's reputation and campaign to better the chances of the defendant winning the election.

 

[TracyMusic]

I don't see why this is even a thing when he started taking jabs at me since I started running for office

 

[Mask3D_WOLF]

The defendant now has 48 hours to file an opening statement.

I hereby charge TheMusica with one count of contempt of court for speaking out of turn. I request the DOJ fine/jail them appropriately.

 

[Westray]

Your honour,

The Defendant disputes the claim by the Plaintiff that a purposefully false statement was made. In addition, we dispute the claim that the statement impacted the Plaintiff's reputation in any way.

This case is a matter of freedom of political expression. As a candidate in the Senate special election, TheMusica was engaged in a political debate with Creepy505 about the character and validity of one another. Creepy505 began this indiscretion by mocking the username of TheMusica by claiming they have bad taste in music, and that players should "vote someone who has good taste in music" instead.

While the Plaintiff argues that the Defendant has costed him potential votes, has failed to provide any evidence of a loss of voters or supporters due to the Plaintiff's comments. Precedent from previous cases involving slander affirms that in order for the Defendant to be liable for slander, the Plaintiff must prove damages.

• In [2020] DCR 15, in a case in which the plaintiff alleged a loss of sales as a result of the plaintiff's comments, the court ruled in favour of the defendant, with the judge arguing that the plaintiff "failed to provide any sufficient evidence of the loss of sales.
  In [2021] DCR 21, in a case whereby the defendant called the plaintiff corrupt, the court ruled in the defendant's favour, stating that "the Plaintiff must present evidence for intent to harm reputation."
• In [2022] DCR 56, the court continued to uphold this precedent, with the judge's opinion stating that "the Plaintiff didn't prove any loss of business" in response to a negative review posted by the defendant.

The Defendant has also said nothing false in the alleged screenshot provided by the Plaintiff. If the court is able to release the Plaintiff's criminal records, they will find that the Plaintiff has a history.

I hereby request that the court subpoena all criminal records under Creepy505's name, specifically related to his murder charges. I believe that this will provide sufficient evidence of a pattern of killing, which would make the Defendant's statement regarding the Plaintiff to be objectively true.

My client has been repeatedly harassed by the Plaintiff, who is using this case to impugn upon the wellbeing of the Defendant. The reason why I requested a steadfast motion to dismiss is precisely for that reason. In fact, earlier this week, the Plaintiff referred to the Defendant as his "arch nemesis." As of the sending of this post, I have filed a complaint with the Department of Justice, after the Plaintiff recently attempted to hire someone to kill the Defendant.

Therefore, should the Plaintiff continue to try to target the Defendant during this case, we would like the court to consider a potential counterclaim of harassment.

 

[Mask3D_WOLF]

I will be granting the subpoena in a closed court setting. I will set that up later tonight.

If the defendant’s lawyer @Westray could prove the claims of harassment that would be appreciated and appropriate action would be taken.

 

[Westray]

I will be granting the subpoena in a closed court setting. I will set that up later tonight.

If the defendant’s lawyer @Westray could prove the claims of harassment that would be appreciated and appropriate action would be taken.

Your honour, the Plaintiff has continuously targeted my client, which I will outline here:

Over the past week during the election, the Plaintiff, Creepy505, has publicly insulted and made fun of the Plaintiff, TheMusicia, with statements including that "he [TheMusicia] likes to eat bugs", "musica will wreck congress", and "musica said they are only in it [the election] for the money"

Then, after filing this case, the Plaintiff continued to bother the Defendant, making statements in chat asserting that he will win the case and looks forward to the Defendant's apology.

Along with the statements to try to provoke my client, the Plaintiff has also been involved in a murder-for-hire plot against the Defendant. MrThunk informed the Defendant that the Plaintiff hired him to be a hitman to kill the Defendant. I proceeded to attempt to verify this claim by reaching out to MrThunk, who said that while he did not have any screenshot of the exchange, he can attest that the Plaintiff did in fact hire him for such purpose. If necessary, we can ask that the court puts MrThunk on the stand, or subpeonas the chat records.

In §13.16 of the laws, Harassment is noted as "The act of disorderly behavior towards an individual or a group of individuals, that may be deemed to a reasonable person as causing harassment, alarm, or distress."

The constant mockery of the Defendant by the Plaintiff, and the act of hiring others to kill the Defendant, has caused alarm and distress to my client. Therefore we may wish to seek out compensation for this.

 

[Beanfart505]

your honor I would like to drop this case as a sort of like settlement

 

[Westray]

Your honour, the defence poses no objection to this. As long as this case is dropped with nothing granted, and the Plaintiff does not target my client in the future, then I would also consider this settled.

 

[Mask3D_WOLF]

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF MANDAMUS

[USERGROUP=18]@Justice Department[/USERGROUP] is required to investigate the claims of harassment made by the defendant in the case of Creepy505 v. TheMusica.

The Justice Department is required to report back with their findings in the ticket #doj-7882
​

 

[Mask3D_WOLF]

This case is hereby dismissed with prejudice.