Christopher Avellone v. Karissa Barrows, Kelly Bristol, Does 1-100. (2021) - Fallout, Star Wars and Dying Light 2 writer grows a spine

[5t3n0g0ph3r]

Now Chris gets to respond, then Karissa, then Chris again.
After that, the case will wait in Appeal Hell.

 

[Useful_Mistake]

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This doc attached
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LA Superior Court:


Can't get the documents as registration and guest logins seem to have broken for some reason
Avellone v. Barrows (appeal):



Barrows v. Superior Court Los Angeles County et al. (CHRISTOPHER AVELLONE) (appeal):


Doc available here, also attached

Tldr:

 

[Desu Mountain]

First Vic's suit gets dismissed because late and gay, now this is dismissed because jurisdictional bullshit. What a disappointing year.

 

[theworstkindofeurofag]

Can he file again in a different jurisdiction?

First Vic's suit gets dismissed because late and gay, now this is dismissed because jurisdictional bullshit. What a disappointing year.

Already seen the usual suspects on twitter gloating about this "win" and claiming they're legally allowed to call Chris a sex pest now.

 

[berry pop]

Regardless of Chris' innocence or guilt here, it was a poorly done lawsuit.

 

[5t3n0g0ph3r]

Already seen the usual suspects on twitter gloating about this "win" and claiming they're legally allowed to call Chris a sex pest now.

Why am I not surprised?
Still, some "Year of the Chud" this is turning out to be.

 

[Pentaborane]

Can he file again in a different jurisdiction?

Only if somehow there's an exception to the statute of limitations.

As much as I like MCA's work, he consciously avoided filing the lawsuit because of his support of #MeToo. He was concerned of a lawsuit preventing future #MeToo 'revelations' as a second-order effect. Even though he was never a shameless, callous grifter like many of the woke personalities are, Chris still deferred to them and would rather again be in their good graces if only it was possible.

Sad!

 

[I'm not a Robot]

Can he file again in a different jurisdiction?

He refiled in Illinois against Karissa.

Avellone v. Barrows, 3:22-cv-02247 - CourtListener.com

Docket for Avellone v. Barrows, 3:22-cv-02247 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

News Article:

Video game writer sues Belleville woman after defamatory posts went v…

archived 13 Nov 2022 11:46:27 UTC

archive.ph

Spoiler: COMPLAINT

 

[Useful_Mistake]

He refiled in Illinois against Karissa.

Avellone v. Barrows, 3:22-cv-02247 - CourtListener.com

Docket for Avellone v. Barrows, 3:22-cv-02247 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

News Article:

Video game writer sues Belleville woman after defamatory posts went v…

archived 13 Nov 2022 11:46:27 UTC

archive.ph

Spoiler: COMPLAINT

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Since you posted the complaint, I'll post the other docs. It seems Karisa failed to respond in time

 

[I'm not a Robot]

Chris also refiled in Oklahoma against Kelly in late 2021 and a lot has happened since then. From what I can tell, he filed in one court, she moved it to another, and filed a motion to dismiss. He filed a motion to remand the case back to where it was, then filed an (unopposed) motion to stay the deadline for a response. Both were granted because she did not respond, and he was awarded $6,320.94 in attorneys fees. You can see that play out here:

Avellone v. Bristol, 5:21-cv-01108 - CourtListener.com

Docket for Avellone v. Bristol, 5:21-cv-01108 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

And the full docket is available at this site:

CJ-2021-4340

10/13/2021

CHRISTOPHER AVELLONE V. KELLY RAE BRISTOL

https://www.oscn.net/dockets/Search.aspx

Kelly refiled her motion to dimiss, and part of her defense is that the 1-year statute of limitations expired. He was MeToo'd in June 2020, and this (second) lawsuit was filed in October 2021. (He claims he only learned of her statements in October 2020). He filed a motion to strike her motion to dismiss for being out of time and without leave of the court. She filed an unopposed motion for leave, which was granted. She refiled her motion to dismiss and a request for judicial notice of his California lawsuit. He amended his petition and she moved to strike it. This was denied, as was her motion to dismiss, and her motion to dismiss the amended petition.

Kelly answered the lawsuit and made counterclaims. She says Chris's June 2021 Medium articles, tweets, and Niche Gamer comments defamed her, (in her filing dated August 2022). He moved to dismiss her counterclaims, she filed her opposition, and motioned for leave to amend her answer and counterclaims. That is the most recent update as of October 28th, 2022.

She says he's using anon accounts to get people to harass and attack her.

 

[Useful_Mistake]

He refiled in Illinois against Karissa.

This defamation part of this lawsuit might be dead on arrival. His defamation claims rest on posts from 2020, but Illinois (where this is filed) statute of limitations for defamation is only one year from publishing date (see 735 ILCS 5/13-201). I'm not sure how he can get around it aside from trying to make some sort of a tolling argument that he didn't make. Did I miss something?

And the full docket is available at this site

Full link:

https://www.oscn.net/dockets/GetCaseInformation.aspx?db=oklahoma&number=CJ-2021-4340&cmid=4018483

All docs attached to this post (6th document is the Judge attaching all the federal documents before it fell back to the state court (133 pages))

 

[Useful_Mistake]

Will update if the doc becomes available


Edit: Doc

Spoiler: Images

 

[Useful_Mistake]

Since you posted the complaint, I'll post the other docs. It seems Karisa failed to respond in time

Karissa Barrows responded

Tldr:
She denies everything

 

[Useful_Mistake]

Karissa Barrows responded
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Tldr:
She denies everything

Mediation time!

 

[Useful_Mistake]

Mediation time!
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"jury trial set for December 11, 2023, at 9:00 a.m", "Final Pretrial Conference set for November 29, 2023, at 1:30 p.m."

 

[theworstkindofeurofag]

"jury trial set for December 11, 2023, at 9:00 a.m", "Final Pretrial Conference set for November 29, 2023, at 1:30 p.m."
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Not that I'm unhappy about the fact there's going to be a trial, but man, the justice system is slow...

 

[NoReturn]

Not that I'm unhappy about the fact there's going to be a trial, but man, the justice system is slow...

Right to a speedy trial my ass.

 

[Useful_Mistake]

Right to a speedy trial my ass.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

https://constitution.congress.gov/constitution/amendment-6/

 

[Molag Bal]

Does anything good ever come from SLAPP statutes? Shit is cancer and should be struck from the lawbooks imo.

 

[TheClappening]

Does anything good ever come from SLAPP statutes? Shit is cancer and should be struck from the lawbooks imo.

Think of all the times the Mountain Jew or Greer have sued Null. Without an anti-SLAPP (or 12.b.6) Null would be spending mountains of money to defend himself from frivolous lawsuits brought by butthurt lolcows.

The concept of an anti-SLAPP is great. Their execution isn't always good, and they need to be overhauled in the light of how fast and harmful social media defamation can be.