Facebook Responds to Windsor's Lawsuit with "So What?"

https://drive.google.com/file/d/0B4qOlSHNnmKeX1JJdW9GRlRyNFk/edit?usp=sharing

While Bill continues to file his hurt feelings report across the country, he now has another female attorney to add to his can't stand list as he received the legal equivalent of a bitch slap in California from Facebook's legal department.  As you might recall, this lawsuit is because his feelings were hurt when FB took down his site due to sexually related material.  Of course this is very much within their right, but Bill's feelings were badly hurt and a frivolous lawsuit must ensue.

After not being served correctly, Facebook finally got notice of the lawsuit and they filed a Demurrer.  In this, attorney Julie Schawrtz points out that even if every single thing Bill is claiming is true, which btw he didn't document any of it, it still doesn't meet the standard for making a claim.  In another of words, its another frivolous lawsuit by someone whom seems incapable of filing anything but.

Ms. Schawrtz's assessment of Bill is spot on with the first sentence in the Introduction:

"Plaintiff William Windsor' s (" Plaintiff') Complaint against Defendant Facebook, Inc.
(" Facebook") is replete with inflammatory rhetoric, but it is entirely bereft of any factual
 allegation of misconduct attributable to Facebook."

Indeed, and well put.  In fact, you could apply that statement to all of Windsor's legal filings.  He is big on claims, short on evidence, and as we will see in this response.....he can't even provide even the most basic forms of evidence in support of his crazy claims.

"Each of Plaintiffs claims fails because Plaintiff fails to identify any Facebook account or any of the alleged actionable statements, leaving the Complaint devoid of even the most rudimentary facts necessary to support his claims."

Wow Bill, you didn't even save any evidence of the facebook pages you are claiming somehow harmed you? You expect FB to provide you with all the evidence that you need in order to sue them?  This ranks right up there with asking Google to give you all of your own emails.

The response goes on to list the TOS for FB which show that they were well within their rights as well as cite the CDA in that they are not responsible for 3rd party content, same as with Google.  I wonder if they know that Bill doesn't consider the CDA to be Constitutional?  But the real fun is when Schwartz gets to the different claims Bill tried to make:

"Negligence. To state a claim for negligence, a plaintiff must plead " the existence of duty
( the obligation to other persons to conform to a standard of care to avoid unreasonable risk of
harm to them); breach of duty (conduct below the standard of care); causation ( between the
defendant' s act or omission and the plaintiffs injuries); and damages." Merrill v. Navegar, Inc.,
Cal. 4th 465, 500 ( 2601). Plaintiff alleges no facts giving rise to liability for negligence.
Indeed, Plaintiffs contention that Facebook owed him a duty to keep Facebook safe is directly
contradicted by the Terms. ( See Schwartz Decl., Ex. A at §§ 16.2, 16. 3.); see also Young v.
Facebook, Inc., 5: 10- CV-03579- JF/PVT, 2010 WL 4269304, at * 4 ( N.D. Cal. Oct. 25, 2010)
The plaintiff' s] first contention is without merit because, as noted above, Facebook expressly
disclaimed any duty to protect users' online safety"). Because Facebook had no duty to Plaintiff
to prevent others from posting content that Plaintiff finds objectionable or for guaranteeing that
content posted by Plaintiff would not be removed, Plaintiffs negligence claim fails."

"Intentional Infliction of Emotional Distress. The elements of intentional infliction of
emotional distress are: "( 1) extreme and outrageous conduct by the defendant with the intention
of causing, or reckless disregard of the probability of causing, emotional distress; ( 2) the
plaintiffs suffering severe or extreme emotional distress; and ( 3) actual and proximate causation
of the emotional distress by the defendant's outrageous conduct." Christensen v. Superior Court,
54 Cal. 3d 868, 903 ( 1991) ( citations omitted). " Conduct to be outrageous must be so extreme as
to exceed all bounds of that usually tolerated in a civilized community." Id. (citing Davidson v.
City of Westminster, 32 Cal. 3d 197, 209 ( 1982).) The defendant must have engaged in " conduct
intended to inflict injury or engaged in with the realization that injury will result."

-With this kicker of a sentence to sum up the essence of Bill Windsor:  
"That Plaintiff disagrees with Facebook' s decisions does not mean that Facebook' s behavior was " false," " malicious," or outrageous."

In response to Tortious Interference:
"In addition, because Plaintiff described the Page as about a movie that is still in production with no known release date, there can be no economic damage resulting from its removal."
You don't understand, all of his cases are based on that faulty premise....if you take that one away all he has left is Barbara left me because someone said meanie things about me.

In relation to Fraud:
"Not only are Plaintiff' s general conclusory allegations insufficient
to satisfy general fact pleading standards, but they are unquestionably deficient in satisfying the
heightened pleading standards required for fraud and other fraud -based claims, such as Plaintiff' s
unfair business practices claim."
Don't you know that Bill Windsor is smarter than all of the lawyers out there?  He is on a level you just can't even begin to comprehend Julie.

On Unfair Business Practice:
"Plaintiff' s allegations similarly do not plead an " unfair" practice. An act or practice is
unfair if (l) the consumer injury is substantial; ( 2) the injury is not outweighed by any
countervailing benefits to consumers or competition; and ( 3) the injury is not one that consumers
themselves could not reasonably have avoided."
-Those sound like really high marks to reach, can't we just all agree to the Windsor Rules of Court and say that if Bill said he had a business and that business was harmed.....thats good enough for court?

Ms. Schwartz sums all of this up nicely with this zinger for Bill:
"When Plaintiffs hyperbolic characterizations are removed, at most, Plaintiff alleges that
he disagreed with Facebook' s decision to remove the Page. And protection from spurious claims
of wrongful removal is exactly what the CDA was implemented to protect."

Once again, when you remove all the histrionics....all that is left is spurious allegations.

John Darash Rolls Out Educational Requirements

On the National Liberty Alliance (NLA or New Lawless America) weekly call, John Darash continued to chide this followers as it seems they are making no progress.  Darash decided to institute a curriculum which will now be a requirment to be one of the leaders in his group.  This is when Darash slowly moves himself out to pasture, the very same pasture that David Schied has been grazing in for years.  Both David and John are true believers and as such they have immersed themselves in to the study of the cause they believe in.  But what they fail to see is that they are the exception to this group of vigilantes that call themselves Me the People.  Most of these people are like Bill, they joined as a way to eventually right their perceived legal wrongs, they have no time for lectures and courses....this is vigilante justice, take it by hook, crook or default.  For them its personal, for John and David its corporate.

Darash explained that this new requirement will separate the serious folks from the pretenders, but I'm afraid he is not going to be happy with that result.  He feels the need to do something as he hears anecdotal stories of some of his followers convening a citizen grand jury at the local Denny's and convicting people.  Come on people, you have to rent out a conference room and send out at least 3 chain linked email notices two weeks in advance.  Jefferson must be rolling in his grave....and not the one in Colombia Missouri....Bill.

So on to the update, well the latest judge sent them back a ruling saying we don't play that game.....they indicted him and took those papers to the Sheriff.  The Sheriff said can you please take care of your own trash, I'm not accepting that.  Then its on the to clerk who says go talk to the DA who tells them he won't accept that but they can appeal.  Frustrated, Darash pulled the plug and decided to start all over now in the Federal courts.  So now he is hoping for a hearing on the 29th in a fed court in Albany.

The NLA is suffering from a lack of a dictator.  Darash had to spend a considerable amount of time trying to urge his fellow state coordinators to weed out the malcontents themselves as he didn't want to be the one getting involved in doing other States' yard work for them.  And so continues the cycle of all these vigilante justice groups, they invariably end up eating their own as they fall from within with a lack of structure while trying to destroy our current legal system.  The real damage, though, is to the people like Mary B who is clearly lost and needs guidance....and in fact is reaching out for that guidance, these groups poison her head even more so than it already is and then discard her like leftover trash when she becomes a nuisance to them.

National Liberty Alliance Puts on its Tin Foil Hats

First lets cover our good ole Mary B.  Just like with her time in LA, she has worn out her welcome over at the NLA as her local Connecticut group simply can't tolerate any more of her rants.  So they voted to remove her.....ahh but by what authority can they do this?  Mary took to NLA's confusing message system at the bottom of the website to air her grievances.  John Darash even had to take a moment to chide the use of messages on the website as a distraction by "back biters".  Mary said this:

"I am going to find out the legal authority your web page had to go in and edit and delete my personal profile. what is the point of having a password if your admin simply goes in and alters what is written at random will. your actions have caused grave concern regarding your integrity and honor to support all of God's laws and people equitably and with the honor for which you speak but have not acted at all in this regard! Your biased discrimatory actions against me must find remedy from established leadership that is sorely lacking!"

I'm with Mary B....how can they?  This is the problem when you play children's games and then expect someone to reign people in when the get off the reservation.  Who are you to tell me my unicorn is any more far fetched than your magic dragon? 

Indeed, this is a bigger problem for Darash as he had to spend the first 30 mins of his show explaining how his group is different from the people trying to place liens against judges in the name of the universal commercial code or UCC.  You see that idea is just stupid, only made up citizen grand juries is legit, they have the youtube videos to prove it.

NLA is stuck in the mud at this point, they have not "constituted" any more states and it doesn't appear that any will be in the near future.  This is predictable as Darash missed his showdown with the court dates and now the infighting and finger pointing will commence. 

The interesting part of the show was how they brought out the trusty tin foil hats.  We heard about chemtrails, HAARP, and how smart meters are killing our bees.  Believe it or not, one of the key threads to being a member of the NLA is to be a deep seated conspiracy theorist.....show shocked face.  In the end, the NLA will become what Bill's suspended facebook page is now becoming, just a free advertising board for all these peoples crazy ideas.

Bill Windsor Files his Writ of Ignoramus

https://drive.google.com/file/d/0B_iVXLgv5gBBWFdCd295TVFWM1U/edit?usp=sharing

After reading Judge Solis' order to pay the $46 filing fee and hear what Solis thinks of him, Bill decided to protest paying the $46 by filing a $500 case with the US 5th Circuit Court of Appeals. That's right, Bill just dropped the legal equivalent of a nuclear bomb in his Texas case.  Bill needs this "emergency" motion because he claims that Judge Fitzwater and Solis' slow and then disheartening responses are damaging his vexatious behavior.

Windsor's convoluted argument seems to be based on his claim that Judge Fitzwater/Solis have no jurisdiction over him since State Courts and Federal Courts are separate (repeat that 10 times). The problem for Bill is that he seems to understand the authority when he wrote his two, if you don't say no I will take that as a yes, letters to Judge Fitzwater's office.  Then you have the additional factor of Judge Bob Carroll, in the State Court, saying that Bill had to get leave from the Fed.

No Windsor filing would be complete without a straight up lie:
"70.  Windsor has already had one party dismissed in the Ellis County lawsuit, and if Judge Fitzwater/and or Solis does not act, all will be dismissed.  This is an emergency"

No Bill, that's a lie.  Non-party Google was dismissed but no party has been.

If he pays the $46, Bill thinks that will give Solis personal jurisdiction over him, and he doesn't want to deal with that.  Instead, he spends the majority of his 41 page filling lecturing everyone on how Judge Thrash doesn't know the law, rules, and is corrupt because he wouldn't recuse himself. Judge Thrash has "foreclosed" on Windsor's ability to wield his paper terrorism across the Nation.You can almost hear Judge Thrash responding with a sigh "that was the point".

In the end, Bill is trying to paint himself as some kind of Constitutional martyr.  But too bad for him, no one cares.  Anyone that reviews his history will see exactly why the courts had to take the action that they did. Bill is always complaining about his rights but its the rights of everyone else that are being trampled in his vexatious fury.

National Liberty Alliance Cancels Again

Me the People's take back of their country has been derailed again.  John Darash told his followers Monday that the big showdown this Thrusday in a NY court has been cancelled because the judge responded to their charges with "no thanks, I don't play games".  They have no standing, they have no injured party, but that is news to them because they are not sitting down and they feel hurt. So just when you think they are at their Writs' end, they plan to file another one...a Writ of Error and felony rescue against this judge.  So once again....wash, rinse and repeat.  Darash told his followers that he is way to busy to read any emails, he just simply can't do it, and he has lost many emails that he didn't mean too by being liberal with his delete button. He has invested everything into this endeavor and is broke, sorry family....kinda let you down on that one.

Darash then moved on to the problem of the subverter's in his ranks.  Even though they are an anarchist group, he thinks everyone should follow his rules.  Ideas like giving up your driver's license or not voting is just asinine to him and the NLA.  Only his crazy idea shall be followed and all others are considered a waste of time and the work of "subverters"   Thou shalt not have any other frauds before me is the basic order Darash is striking down here.