Jim Sterling in court.

[Elwes]

Oh, wow!

So by all intense and purposes he is screw now. He either gets the lawyer or the case is dismissed for good by Feb.10th.

Probably, but not automatically.

In effect the judge has said that James Romine has screwed up his complaint, but he may still have a valid complaint... so go away and rewrite it - or don't.

The note about needing a lawyer to represent an entity just means that if the complaint still makes references to lost earnings by D.H. itself rather than James Romine as a person, then they needs to hire a lawyer on behalf of his company. James Romine could hire a lawyer (very unlikely at this stage) or rewrite his complaint to remove any reference (explicit or implicit) to the company and it's money.

Personally, I don't think either is likely.

It appears that he didn't have the money to pay for the subpeona paperwork in the case he wanted to bring against Steam users. So a lawyer is probably out of the question. (A reminder, James dropped the case voluntarily and whilst everyone wrote that he subpoenaed Valve for user details, it never got anywhere near that far).

As to rewriting the complaint himself to remove references to D.H. I'm not sure James Romine's heart is really in it any more. His tone after withdrawing the Valve case seemed very defeatist. Even if he were to try to rewrite the complaint, he has demonstrated time and time again that he doesn't understand (in legal terms) where D.H's interests end and his begins. If he's just going through the motions at this point, he may just run out the clock or file to have the case dismissed again and just put the whole thing behind him.

 

[PainInTheAssInternet]

It is when you are the losing side of any legal complaint. This may not have gone to trial, but the services of the lawyers would still need to be compensated. If he doesn't get a lawyer by the time of the deadline (Feb.10th), when the suit is dismissed, the lawyers can ask for a process to force the losing side (Romine) to pay them up.

I doubt the Romnies would be forced to pay for Sterling's legal fees. They flat-out couldn't afford to hire a lawyer which can be argued is the source of a lot of their problems. Punishing them for putting forward a nonsensical case because they couldn't get legal counsel seems inherently immoral to me on top of the basic immorality of piling punitive damages onto someone who couldn't really afford anything to begin with.

 

[Gades]

It is when you are the losing side of any legal complaint. This may not have gone to trial, but the services of the lawyers would still need to be compensated. If he doesn't get a lawyer by the time of the deadline (Feb.10th), when the suit is dismissed, the lawyers can ask for a process to force the losing side (Romine) to pay them up.

I doubt the Romnies would be forced to pay for Sterling's legal fees. They flat-out couldn't afford to hire a lawyer which can be argued is the source of a lot of their problems. Punishing them for putting forward a nonsensical case because they couldn't get legal counsel seems inherently immoral to me on top of the basic immorality of piling punitive damages onto someone who couldn't really afford anything to begin with.

It has crossed my mind when talking to others on reddit and I agree.

Jim will very likely pay the lawyers himself and be done with it. He would had no desire to harm Romine and give him the excuse to scream the proof he is a victim, but Jim would be happy to know he still beat him at his own game with no effort, considering how everything came crashing down for DigiHom in the end.

 

[eraser7278]

I doubt the Romnies would be forced to pay for Sterling's legal fees. They flat-out couldn't afford to hire a lawyer which can be argued is the source of a lot of their problems. Punishing them for putting forward a nonsensical case because they couldn't get legal counsel seems inherently immoral to me on top of the basic immorality of piling punitive damages onto someone who couldn't really afford anything to begin with.

I don't see it as immoral at all. the real goal of this action seems to have been forcing Jim to shut up about the company for the duration of the legal proceedings. James abused the courts and wasted their time in a cynical bid to deny Jim free exercise of his first amendment expression (because only a fool comments on ongoing lawsuits they are a party to). so Jim has had his rights violated, lost ad revenue derived from the story and had to pay out of pocket to fight a suit that the judge now says isn't worth the paper it was printed on (in crayon). personally i hope Jim goes after fees and costs, then counter-sues for lost revenue and civil rights violations. I hope James has to sign over his home to Jim to make restitution, and I hope James is made to watch as Jim then burns it to the ground before pissing on the ashes!

 

[Ima Lemming]

I doubt the Romnies would be forced to pay for Sterling's legal fees. They flat-out couldn't afford to hire a lawyer which can be argued is the source of a lot of their problems. Punishing them for putting forward a nonsensical case because they couldn't get legal counsel seems inherently immoral to me on top of the basic immorality of piling punitive damages onto someone who couldn't really afford anything to begin with.

It has crossed my mind when talking to others on reddit and I agree.

Jim will very likely pay the lawyers himself and be done with it. He would had no desire to harm Romine and give him the excuse to scream the proof he is a victim, but Jim would be happy to know he still beat him at his own game with no effort, considering how everything came crashing down for DigiHom in the end.

I'm torn on this.

The vindictive me wants to see Romine punished for abusing the legal system to silence critics and waste their time and money; Romine made his bed, let him lie in it.

The empathetic me knows that if Jim counter-sues for his lawyer fees, Romine's kids are going to be punished because their father has the impulse control of a chimpanzee, and Romine's already tanked his reputation, got kicked of Steam, and lost at least $800 in filing fees.

The vindictive me then reminds the empathetic me that, contrary to the one Romine saying they couldn't pursue the Steam user case because getting kicked off Steam financially ruined them, the two very likely made over $200,000 on their trading card farming scheme [https://www.youtube.com/watch?v=mX6Ge-KaoZg] and can surely afford Jim's lawyer fees (or else, what the hell did they do with all that money? Feed it to a cow?)

I'm also wondering if Jim's lawyers might make him counter-sue. I've heard stories of people who got injured in accidents (car, slipping on ice, etc.), but weren't interested in suing the company/other person until their insurance said "Sue or you can pay your own damn medical bills." Do lawyers do that? Maybe not since they get paid either way.

 

[PainInTheAssInternet]

I don't see it as immoral at all. the real goal of this action seems to have been forcing Jim to shut up about the company for the duration of the legal proceedings. James abused the courts and wasted their time in a cynical bid to deny Jim free exercise of his first amendment expression (because only a fool comments on ongoing lawsuits they are a party to). so Jim has had his rights violated, lost ad revenue derived from the story and had to pay out of pocket to fight a suit that the judge now says isn't worth the paper it was printed on (in crayon).

I don't think Jim ever relied on ad revenue. At the Escapist, ads played because that's how the Escapist got money and the Escapist paid Jim. On his own, he got his money through Patreon. He doesn't use ads, particularly not on YouTube. It can be argued that this event actually helped Jim because it drew attention to him in a positive way. while significantly hurting DH and the two behind it as it drew very negative attention to them. Jim also had resources the Romnie's didn't. I'd be more willing to see them get hit if they had more power and their malice was more calculated. This was two petty, childish guys lashing out at anything and everything they could who had no idea how to use the tools they had and had no ability to get new tools or understand the ones they had. They're also defunct now with a black mark on their records that'll probably follow them around as this is what they'll be known for. I'd say that's enough. (EDIT: Stand corrected)

personally i hope Jim goes after fees and costs, then counter-sues for lost revenue and civil rights violations. I hope James has to sign over his home to Jim to make restitution, and I hope James is made to watch as Jim then burns it to the ground before pissing on the ashes!

That's a bit much.

 

[Infernal Lawyer]

My understanding is that it's not completely dismissed.

The Romine brothers still have until February 10th to do anything that will further the case.

I'm curious to know if it's going to be dismissed with or without prejudice. I'm gonna assume it's the former since it's been pretty clear that the Romine brothers haven't been able to prove anything and have been wasting the court's time.

If anything, it will be interesting to see what happens from here on out until the 10th.

Technically it's not dismissed yet, no, but the Judge has said that they need a registered attorney if they want to counter the dismissal.

Or as I like to put it, "Get a lawyer or GTFO".

Theoretically speaking they could come back in (looks at calender) less than a fortnight with a paid professional to represent them, but considering their financial status and that the last lawyer willing to take on the case wanted tens of thousands of dollars upfront, I don't see it happening.

 

[Infernal Lawyer]

I don't see it as immoral at all. the real goal of this action seems to have been forcing Jim to shut up about the company for the duration of the legal proceedings. James abused the courts and wasted their time in a cynical bid to deny Jim free exercise of his first amendment expression (because only a fool comments on ongoing lawsuits they are a party to). so Jim has had his rights violated, lost ad revenue derived from the story and had to pay out of pocket to fight a suit that the judge now says isn't worth the paper it was printed on (in crayon).

I don't think Jim ever relied on ad revenue. At the Escapist, ads played because that's how the Escapist got money and the Escapist paid Jim. On his own, he got his money through Patreon. He doesn't use ads, particularly not on YouTube. It can be argued that this event actually helped Jim because it drew attention to him in a positive way. while significantly hurting DH and the two behind it as it drew very negative attention to them. Jim also had resources the Romnie's didn't. I'd be more willing to see them get hit if they had more power and their malice was more calculated. This was two petty, childish guys lashing out at anything and everything they could who had no idea how to use the tools they had and had no ability to get new tools or understand the ones they had. They're also defunct now with a black mark on their records that'll probably follow them around as this is what they'll be known for. I'd say that's enough.

Jim uses ads on some of his videos (not on The Jimquistion, but I think he does for Jimpressions). Though I won't claim to know how the ad money compares to the funds from Patreon.

 

[Gades]

I don't see it as immoral at all. the real goal of this action seems to have been forcing Jim to shut up about the company for the duration of the legal proceedings. James abused the courts and wasted their time in a cynical bid to deny Jim free exercise of his first amendment expression (because only a fool comments on ongoing lawsuits they are a party to). so Jim has had his rights violated, lost ad revenue derived from the story and had to pay out of pocket to fight a suit that the judge now says isn't worth the paper it was printed on (in crayon).

I don't think Jim ever relied on ad revenue. At the Escapist, ads played because that's how the Escapist got money and the Escapist paid Jim. On his own, he got his money through Patreon. He doesn't use ads, particularly not on YouTube. It can be argued that this event actually helped Jim because it drew attention to him in a positive way. while significantly hurting DH and the two behind it as it drew very negative attention to them. Jim also had resources the Romnie's didn't. I'd be more willing to see them get hit if they had more power and their malice was more calculated. This was two petty, childish guys lashing out at anything and everything they could who had no idea how to use the tools they had and had no ability to get new tools or understand the ones they had. They're also defunct now with a black mark on their records that'll probably follow them around as this is what they'll be known for. I'd say that's enough.

Jim uses ads on some of his videos (not on The Jimquistion, but I think he does for Jimpressions). Though I won't claim to know how the ad money compares to the funds from Patreon.

During the whole Maten Cohen Studio/Art of Stealth Debacle, I was corrected by someone who stated that Jim doesn't monitized the Jimpressions either. Dunno the Greenlight Trailer videos, but I doubt it either since with the Patreon and the Merchadise from Sharkbot I think he is cover.

 

[Gades]

One week to go and there is an Update in Romine v Stanton https://www.pacermonitor.com/public/case/10890330/Romine_v_Stanton

AMENDED COMPLAINT against James Nicholas Stanton filed by James Oliver Romine, Jr.(EJA)

AFFIDAVIT by Plaintiff James Oliver Romine, Jr. (EJA)

 

[TrulyBritish]

I don't see it as immoral at all. the real goal of this action seems to have been forcing Jim to shut up about the company for the duration of the legal proceedings. James abused the courts and wasted their time in a cynical bid to deny Jim free exercise of his first amendment expression (because only a fool comments on ongoing lawsuits they are a party to). so Jim has had his rights violated, lost ad revenue derived from the story and had to pay out of pocket to fight a suit that the judge now says isn't worth the paper it was printed on (in crayon).

I don't think Jim ever relied on ad revenue. At the Escapist, ads played because that's how the Escapist got money and the Escapist paid Jim. On his own, he got his money through Patreon. He doesn't use ads, particularly not on YouTube. It can be argued that this event actually helped Jim because it drew attention to him in a positive way. while significantly hurting DH and the two behind it as it drew very negative attention to them. Jim also had resources the Romnie's didn't. I'd be more willing to see them get hit if they had more power and their malice was more calculated. This was two petty, childish guys lashing out at anything and everything they could who had no idea how to use the tools they had and had no ability to get new tools or understand the ones they had. They're also defunct now with a black mark on their records that'll probably follow them around as this is what they'll be known for. I'd say that's enough.

Jim uses ads on some of his videos (not on The Jimquistion, but I think he does for Jimpressions). Though I won't claim to know how the ad money compares to the funds from Patreon.

During the whole Maten Cohen Studio/Art of Stealth Debacle, I was corrected by someone who stated that Jim doesn't monitized the Jimpressions either. Dunno the Greenlight Trailer videos, but I doubt it either since with the Patreon and the Merchadise from Sharkbot I think he is cover.

General rule, if it's not on thejimquisition.com website, it's monetised on Youtube. Jim's Patreon only covers whatever is covered by his website.
Jimquisition, Podquisition, Reviews, Editorials and Spin Off Doctors are Patreon backed and un-monetised.
Jimpressions, Early Jimpressions, Chunky Plays, BOSGT, TWGSWID, Nitpick Theater and Greenlight Goodstuff are monetised.

 

[Gades]

Sid Alpha has posted a video on the new filings by Romine and posted the documents on his Google Drive.

Documents
https://www.youtube.com/watch?v=vf8IK3bnONE&feature=youtu.be&a

SidAlpha
https://drive.google.com/drive/folders/0B6FG7o2HBZWlUUpXSEhnNUxSNDA

P.S.: Remember when we all said that Jim may not seek legal fees for his lawyers - I think he might do it now.

 

[Elwes]

AMENDED COMPLAINT against James Nicholas Stanton filed by James Oliver Romine, Jr.(EJA)

AFFIDAVIT by Plaintiff James Oliver Romine, Jr. (EJA)

So am I missing something? James Romine still seems to have completely missed the Judge's point that there is a legal separation between himself and his company(s). The company(s) sells games. He works for the company.

The judge gave this example...

"he [James Romine] may not seek individual damages arising from Defendant?s [Jim Sterling's] comments on the acts of DHS or any damages for DHS?s lost profits and the like?just as, for example, a fast food restaurant manager would not have a personal claim for lost corporate revenue resulting from untrue online criticism of the restaurant?s hamburgers. Those claims belong to the entity. See A.R.S. ? 29-656."

However the judge then went on to say...

"If DHS [Digital Homicide Studios] is indeed the proper party to some or all of Plaintiff?s present claims, the Court notes that DHS, as an entity other than a sole proprietorship, cannot appear in this Court pro se and may appear and be heard only through licensed counsel. In re Am. West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (noting that unincorporated entities may not appear pro se); United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (noting that corporations may not appear pro se); see also 28 U.S.C. ? 1654.

So by swapping things to his alternate company "Micro Strategic Designs" and mentioning "Sole proprietor" as often he does in the updated complaint, he is adhering to the judge's statement about "as an entity other than a sole proprietorship"?

A lot of his badly scan, photocopied and eaten by the dog paperwork still references DHS, not MDS, so I can't see that going down well. But I guess since he can't/won't go down the route of getting a lawyer for DHS LLC, he's forced to go down the other route of "My company and I are the same thing, honest. [Especially now I'm cherry picking my facts to suit the needs of my court case.]".

In effect, he's throwing up his hands and going...
"oh, did I say DHS?, I meant MDS!!! - Sole proprietor means I still don't need a lawyer ******!!!".

 

[Gades]

My Two cents on the matter...


Romine is obviously trying to delayed the inevitable, and the fact makes this move one week FROM the deadline is a dead give away, so let's pray and hope the Defense and the Judge respond fast this week. but I'll Copy Paste a point I shared on the Comment section in respond to SidAlpha's point...

Back in July the Judge struck down the last attempt to link the Business thing and Arizona, for repeating previous points. So I'm impress he still insist, but now I think he his making his case worst by putting out a connection with IndieDevs, Jim's past business with them and Steam Itself and I don't think that will fly , mostly because is a NON-Physical presence for profit outlet.

Also, it doesn't necessarily mean the case won't be dropped by the Judge on Feb.13th, since Romine still failed to enact on one of the Judge's keys orders - he needed a lawyer if he still was going to state claims Damages for DigiHom. Now, for some weird reason, Romine is stating claims as the multiple entities he was when the whole Identity Debacle happened. Which would still require him to HAVE a Lawyer. This is important because Federal Judges RARELY change their orders, specially when one sets a Deadline for a clear and specific reason. Romine is putting himself on the risk of been under contempt of court for this move, since the Judge stated already (AGREEING with the defense) Romine WAS NOT the correct entity to state claims and the Judge could see this as bothersome to the court.

I contacted Youtuber Leonard French https://twitter.com/leonardjfrench & https://www.youtube.com/user/ljfrench009/featured who has been looking at both the Romine v Stanton and The Bold Guy v H3H3 lawsuits and asked about this development.

 

[Cap'nPipsqueak]

WORDS AN' SHIT!

He's basically just trolling at this point - every time he posts something they have to stop and look it over.

 

[Mangod]

WORDS AN' SHIT!

He's basically just trolling at this point - every time he posts something they have to stop and look it over.

Isn't trolling the courts punishable?

 

[Silentpony_v1legacy]

WORDS AN' SHIT!

He's basically just trolling at this point - every time he posts something they have to stop and look it over.

Isn't trolling the courts punishable?

I thought it was. Frivolous lawsuits piss off judges to no end

 

[KoalaMan412]

From what I heard, it seems that he's using Micro Strategic Designs as a sole proprietership, in which he can represent himself as pro se and does not require for him to get a lawyer. It means that he's trying to negate the Judge's order of him having a lawyer and that he can still continue this case as Micro Strategic Designs instead of as Digital Homicide.

 

[Cap'nPipsqueak]

From what I heard, it seems that he's using Micro Strategic Designs as a sole proprietership, in which he can represent himself as pro se and does not require for him to get a lawyer. It means that he's trying to negate the Judge's order of him having a lawyer and that he can still continue this case as Micro Strategic Designs.

I'm pretty sure it doesn't work like that: "So I've only got a week left as Digital Homicide? Oh wait; I'm someone else, too! Let's turn back the clocks and start over!"

 

[KoalaMan412]

From what I heard, it seems that he's using Micro Strategic Designs as a sole proprietorship, in which he can represent himself as pro se and does not require for him to get a lawyer. It means that he's trying to negate the Judge's order of him having a lawyer and that he can still continue this case as Micro Strategic Designs.

I'm pretty sure it doesn't work like that: "So I've only got a week left as Digital Homicide? Oh wait; I'm someone else, too! Let's turn back the clocks and start over!"

That might be a case and the court might see this as pretty ridiculous and will waste more time. Then again, it all depends on as to how the Judge or even Jim's lawyers will respond to this and who knows what will happen during the final week before the dismissal date. I just hope that this case will get dismissed and based on what I'm seeing, if the Judge does deny his new complaint, it may increase the chance of getting the case dismissed with prejudice.