United States District Court

DISTRICT OF MASSACHUSETTS

DeCastro v. Abrams, Peter, YouTube (Google) et al

  • US District Court, District of Massachusetts (Boston)
  • Case Number: 1:22-CV-11421
  • Source: PACER ($) Visit Website
  • Source: CourtListener Visit Website
  • Judge Allison D. Burroughs
  • Defendants: Joshua Abrams, Kate Peter, John Does 1-50, YouTube (Google LLC), John Does 1-20
  • Identity Resolution: Full Name (FML), Nickname, Channel Name, Address, Phone, Email
  • Status/Resolution: Dismissed
  • ❌ Scored as a Loss for DeCastro

On September 2, 2022, Jose DeCastro filed a Defamation lawsuit aginst YouTubers Jose Abrams (Accountability for All) and Kate Peter (Masshole Troll Mafia) for comments they make about DeCastro in videos and/or livestreams.

On November 7th, counterclaims were filed by Josh Abrams and Kate Peter in DeCastro v. Abrams, Peter, YouTube et al'DeCastro v. Abrams & Peter'. Mr. DeCastro claims he filed a Voluntary Motion to Dismiss the day prior, but the Court did not agree. According to the Court filings, Mr. DeCastro has since submitted at least 6 motions to have court show his filing as having taken place before the 7th in what may in an attempt to refile the case in California Federal Court. The Court DENIED all of the motions.

Originally, ThePublicDocuments posted the counterclaims as a separate case but later combined the two as all the docket postings were filed under the original case number.

On November 16, 2022, Mr. DeCastro replaced his original claim with Copyright Infringement and added 50 John Doe Defendants. On December 2nd, Mr. DeCastro amended his new claim, adding Google/YouTube and an additional 20 YouTube John Doe Defendants.

On July 11, 2023, Judge Burroughs issued a number of Orders. These ranged from DISMISSING the Motion for Contempt against Peters requested by DeCastro, DISMISSING DeCastro's unusual Motion for Disclosure by the Court, DISMISSING the Counterclaims by Peter and Abrams, and DISMISSING DeCastro's case.

Docket / Document List

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  • 135. 07/11/23: Order Dismissing Case
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  • 134. 07/11/23: MEMORANDUM AND ORDER entered. DeCastro's motions to dismiss Abrams' and Peter's counterclaims, [ECFNos. 86, 90 ], are GRANTED
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  • 133. 07/11/23: MEMORANDUM AND ORDER entered. Defendants' motions to dismiss at ECF Nos. 94, 95, and 121 are GRANTED, and Google's motion to transfer at ECF No. 121 is DENIED as moot with leave to renew if necessary.
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  • 132. 07/11/23: MEMORANDUM AND ORDER entered. Plaintiff's Motion for Disclosure [ECF No. 116 ] is DENIED
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  • 131. 07/11/23: MEMORANDUM AND ORDER entered. Plaintiff's Second Motion for Contempt [ECF No. 103] is DENIED
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  • 130. 06/16/23: Surreply to Motion File by Jose DeCastro
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  • 129: 6/16/23: Order on Motion for Leave to File Document - Granting [128] (Text Only)
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  • 128. 06/15/23: Leave to File (Surreply) by Jose Maria DeCastro
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  • 127. Exhibit A
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  • 127. Declaration
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  • 127. 06/14/23: REPLY to Response to [121] MOTION to Transfer Case to Northern District of California.
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  • 126. 06/05/23: ELECTRONIC ORDER entered granting 124 Motion for Leave to File Reply
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  • 125. 06/03/23: Opposition re 124 MOTION for Leave to File a Reply
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  • 124. 06/02/23: MOTION for Leave to File a Reply in Support of Google LLC's Motion to Transfer or Dismiss
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  • 123. 05/30/23: Opposition [121] MOTIONS to Transfer Case and to Dismiss for Failure to State a Claim
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  • 122. 05/24/23: ELECTRONIC ORDER on Motion for Leave to Appear (Text Only)
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  • 121. Exhibit B
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  • 121. Exhibit A
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  • 121. Declaration of Raquel Small
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  • 121. 05/23/23: MOTIONS to Transfer Case to Northern District of California and TO DISMISS FOR FAILURE TO STATE A CLAIM by YouTube
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  • 120. Exhibit 1 Declaration of Benjamin D. Margo
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  • 120. 05/23/23: MOTION for Leave to Appear Pro Hac Vice for admission of Benjamin D. Margo YouTube (GOOGLE LLC)
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  • 119. 05/23/23: CORPORATE DISCLOSURE STATEMENT by YouTube (GOOGLE LLC)
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  • 118. EXHIBIT 1
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  • 118. 04/24/23: SECOND SUPPLEMENTAL TO FAC against All Defendants
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  • 117. ** Court Skipped Docket No 117 ** No item posted with this number (Text Only)
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  • 116. 02/08/23: MOTION for Disclosure by Jose Maria DeCastro
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  • 115. 02/07/23: ENDORSED ORDER entered denying 114 MOTION for Reconsideration re 110 Emergency MOTION to Strike 109 Opposition to Motion
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  • 114. 02/06/23: MOTION for Reconsideration re 110 Emergency MOTION to Strike 109 Opposition to Motion
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  • 113. 02/06/23: Notice of Supplemental Authorities re 59 Second MOTION to Correct Correction Error Upload
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  • 112. 02/03/23: Order on Motion to Strike [ECF No 110] (Text Only)
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  • 111. 02/02/23: Opposition re 110 Emergency MOTION to Strike 109 Opposition to Motion
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  • 110. 02/02/23: Emergency MOTION to Strike 109 Opposition to Motion by Jose Maria DeCastro
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  • 109. Exhibit 2
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  • 109. Exhibit 1
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  • 109. 02/01/23: Opposition re 103 Second MOTION for Contempt of court for Peter
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  • 108. 01/25/23: First MOTION to Correct 107
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  • 107. 01/25/23: First RESPONSE to Motion re 105 MOTION for Extension of Time to File Opposition for Time Ext
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  • 106. 01/25/23: Order on Motion for Extension of Time to File (Text Only)
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  • 105. 01/24/23: MOTION for Extension of Time to File Answer filed by DEFENDANT GOOGLE
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  • 104. 01/24/23: NOTICE of Appearance by Matthew D. Gorman on behalf of YouTube (GOOGLE LLC)
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  • 103. Exhibit 1
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  • 103. 01/16/23: Second MOTION for Contempt of court for Peter by Jose Maria DeCastro
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  • 102. 01/12/23: Electronic Order: [ECF No. 101] Granted. [ECF Nos. 94 and 95] Pending. (Text Only)
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  • 101. 01/11/23: First MOTION for Leave to File 2nd Amended complaint by Jose Maria DeCastro
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  • 100. 01/06/23: First MEMORANDUM in Opposition re 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (filed by Jose Maria DeCastro)
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  • 99. 01/04/23: WAIVER OF SERVICE Returned Executed by Jose Maria DeCastro. (DeCastro, Jose) YouTube (GOOGLE LLC)
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  • 98. 12/27/22: Opposition re 90 MOTION to Dismiss Katherine Peter's Counterclaim (Memorandum Incorporated) filed by Kate Peter
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  • 97. 12/24/22: Second RESPONSE to Motion re 61 Emergency MOTION for Contempt of court for Peter filed by Jose Maria DeCastro
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  • 96. 12/23/22: MEMORANDUM in Support re 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua Abrams
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  • 95. 12/23/22: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joshua Abrams
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  • 94. 12/23/22: MOTION to Dismiss The First Amended And Supplemental Complaints (Memorandum Incorporated) by Kate Peter
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  • 93. 01/21/22: Opposition re 86 MOTION to Dismiss Joshua Abrams's Counterclaim filed by Joshua Abrams
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  • 92. 01/13/22: ELECTRONIC ORDER entered. [ECF No. 89] is ALLOWED but DENIED filing under seal. (Text Only)
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  • 91. 12/12/22: Notice of Supplemental Authorities re 86 MOTION to Dismiss Joshua Abrams's Counterclaim filed by Jose Maria DeCastro
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  • 90. 12/12/22: MOTION to Dismiss Katherine Peter's Counterclaim (Memorandum Incorporated) by Jose Maria DeCastro
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  • 89. 12/09/22: MOTION for Leave to File Reply to Opposition to Motion for Contempt or alternative by Jose Maria DeCastro
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  • 88. 12/08/22: ELECTRONIC NOTICE TO FILER re 86 MOTION to Dismiss Joshua Abrams's Counterclaim
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  • 87. 12/08/22: MEMORANDUM in Support re 86 MOTION to Dismiss Joshua Abrams's Counterclaim filed by Jose Maria DeCastro
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  • 86. 12/08/22: MOTION to Dismiss Joshua Abrams's Counterclaim by Jose Maria DeCastro
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  • 85. 12/07/22: ELECTRONIC ORDER entered. Plaintiff’s motion, [ECF No. 82 ], is DENIED
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  • 84. 12/07/22: Notice of correction to docket made by Court staff. Correction: 82 MOTION for Certificate of Appealability corrected
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  • 83. 12/07/22: MEMORANDUM in Support re 82 MOTION for Certificate of Appealability filed by Jose Maria DeCastro
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  • 82. 12/07/22: MOTION for Certificate of Appealability by Jose Maria DeCastro
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  • 81. 12/06/22: ELECTRONIC ORDER entered. Plaintiff’s second motion to correct the record, [ECF No. 80 ], is DENIED
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  • 80. 12/05/22: Second MOTION to Correct Record by Jose Maria DeCastro
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  • 79. 12/02/22: Supplemental Complaint against All Defendants, filed by Jose Maria DeCastro
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  • 078. 12/01/22: ELECTRONIC ORDER: Motions for contempt, [ECF No. 61 ] and [ECF No. 71 ], are both DENIED
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  • 77. 12/01/22: ELECTRONIC ORDER: Plaintiff’s motion, [ECF No. 76 ], and Defendant’s, [ECF No. 75 ], are both GRANTED.
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  • 78. 12/01/22: MOTION Leave to supplement complaint re 62 Amended Complaint by Jose Maria DeCastro
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  • 75. Ex. A: E-mail regarding amendment to complaint
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  • 75. 11/30/22: MOTION for Extension of Time to 21 days after the second amended complaint is filed to File Answer re 62 Amended Complaint
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  • 74. 11/30/22: ELECTRONIC ORDER. [ECF No. 73] DENIED. Court takes notice of this 5th attempt [ECF Nos. 55, 58, 59, 66, 73 ]
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  • 73. 11/29/22: MOTION to Correct Nunc Pro Tunc (w/Memorandum) by Jose Maria DeCastro
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  • 72. 11/28/22: AFFIDAVIT of Kate Peter re 71 Opposition to Motion for Contempt by Kate Peter
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  • 71. 11/28/22: Opposition re 61 Emergency MOTION for Contempt filed by Kate Peter
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  • 70. 11/25/22: Supplemental ADDENDUM re 61 Emergency MOTION for Contempt (Request for closed hearing) filed by Jose Maria DeCastro
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  • 69. 11/17/22: Notice of Filing of Official Transcript
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  • 68. 11/17/22: Transcript of Status Conference held on October 24, 2022
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  • 67. 11/23/22: Plaintiff’s motion, [ECF No. 66 ], is DENIED to the extent it seeks reconsideration of the Court’s 11/18/22 order, [ECF No. 65 ].
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  • 66. 11/21/22: MOTION for Reconsideration re 59 Second MOTION to Correct Correction Error Upload by Jose Maria DeCastro
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  • 65. 11/18/22: ELECTRONIC ORDER. In light of Plaintiff’s filing of an amended complaint, the Court DENIES as moot his motion, [ECF No. 59 ].
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  • 64. 11/17/22: NOTICE by Joshua Abrams, Kate Peter re 57 Order,,,,,,,,,,, declining to consent to dismissal of plaintiff's claims
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  • 63. 11/16/22: CERTIFICATE of Compliance pursuant to Local Rule 15.1(b) by Jose Maria DeCastro
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  • 62. 11/16/22: AMENDED COMPLAINT against All Defendants, filed by Jose Maria DeCastro
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  • 61. 11/14/22: Emergency MOTION for Contempt by Jose Maria DeCastro
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  • 60. 11/14/22: Notice of Supplemental Authorities re 59 Second MOTION to Correct Correction Error Upload filed by Jose Maria DeCastro
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  • 59. 11/11/22: Second MOTION to Correct Correction Error Upload by Jose Maria DeCastro
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  • 58. 11/11/22: Filed in error, re-filed at 59 with correction. First MOTION to Correct E-File Error by Jose Maria DeCastro
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  • 57. 11/10/22: ELECTRONIC ORDER. (Summary: Voluntary dismissal only allowed with Defendant's written consent)
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  • 56. 11/10/22: NOTICE of Voluntary Dismissal by Jose Maria DeCastro
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  • 55. 11/09/22: Letter/request (non-motion) from DeCastro
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  • 54. 11/07/22: ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against Jose Maria DeCastro by Kate Peter
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  • 53. 11/07/22: ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against Jose Maria DeCastro by Joshua Abrams
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  • 52. 11/02/22: ELECTRONIC ORDER. Plaintiff's motion to transfer venue [ECF No. 50 ] is DENIED
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  • 51. 11/02/22: ELECTRONIC ORDER entered re 49 First MOTION for Clarification filed by Jose Maria DeCastro
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  • 50. 10/31/22: First MOTION to Transfer Case 1:22-cv-11421-ADB DeCastro v. Abram to 9. by Jose Maria DeCastro
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  • 49. 10/31/22: First MOTION for Clarification by Jose Maria DeCastro
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  • 48. 10/28/22: STATUS REPORT Regarding Potential Stipulated Gag Order by Kate Peter
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  • 47. 10/27/22: ELECTRONIC ORDER. The court will not communicate with any party to this litigation ex parte nor will it accept ex parte communications
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  • 46. 10/26/22: Return receipt received for mail sent to Jose Maria DeCastro Delivered on 10/22/2022
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  • 45. 10/24/22: ELECTRONIC ORDER entered granting Plaintiff Jose Maria DeCastro's Oral Motion for leave to electronically file Pro Se
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  • 44. 10/24/22: Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs
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  • 43. 10/24/22: ELECTRONIC ORDER. Defendant emergency motions to dismiss, [ECF Nos. 25, 27 ], are DENIED
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  • 42. 10/24/22: ELECTRONIC ORDER. The parties and attendees are hereby notified that court proceedings in this matter are not to be recorded or filmed
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  • 41. Exhibit C
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  • 41. Exhibit B
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  • 41. Exhibit A
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  • 41. 10/24/22: AFFIDAVIT of Todd Lyon in Support re 27 Emergency MOTION to Dismiss
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  • 40. 10/24/22: AFFIDAVIT of Kate Peter in Support re 27 Emergency MOTION to Dismiss
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  • 39. Exhibit A
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  • 39. 10/24/22: AFFIDAVIT of Benjamin Wish in Support re 27 Emergency MOTION to Dismiss
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  • 38. 10/24/22: ELECTRONIC ORDER entered granting 34 Motion for Leave to File Document
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  • 37. Exhibit C
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  • 37. Exhibit B
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  • 37. Exhibit A
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  • 37. 10/24/22: AFFIDAVIT of Todd Lyon in Support re 34 MOTION for Leave to File Supplement
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  • 36. 10/24/22: AFFIDAVIT of Kate Peter in Support re 34 MOTION for Leave to File Supplement
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  • 35. Exhibit A
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  • 35. 10/24/22: AFFIDAVIT of Benjamin Wish in Support re 34 MOTION for Leave to File Supplement
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  • 34. 10/24/22: MOTION for Leave to File Supplement the Factual Record Regarding Plaintiff Jose Maria DeCastro's Violations of the Court's October 21, 2022 Order
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  • 33. 10/21/22: ELECTRONIC ORDER. Plaintiff and Defendants are ORDERED not to engage in any threatening, harassing, illegal, or otherwise inappropriate behavior.
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  • 32. Exhibit 1
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  • 32. 10/21/22: RESPONSE to Motion 16 Emergency MOTION for Hearing For a Status Conference
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  • 31. 10/20/22: MEMORANDUM and Declaration in Support re 30 MOTION for Sanctions for Spoliation of Evidence and Abuse of Process filed by Jose Maria DeCastro
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  • 30. 10/20/22: MOTION for Sanctions for Spoliation of Evidence and Abuse of Process by Jose Maria DeCastro
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  • 29. Exhibit C
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  • 29. Exhibit B
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  • 29. Exhibit A
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  • 29. 10/20/22: AFFIDAVIT of Benjamin J. Wish re 27 Emergency MOTION to Dismiss
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  • 28. Exhibit C
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  • 28. Exhibit B
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  • 28. Exhibit A
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  • 28. 10/20/22: AFFIDAVIT of Kate Peter re 27 Emergency MOTION to Dismiss
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  • 27. 10/20/22: Emergency MOTION to Dismiss Or, In The Alternative, For Equitable Relief (Memorandum Incorporated) by Kate Peter
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  • 26. Exhibit B: E-mail
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  • 26. Exhibit A: Facebook Post
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  • 26. 10/20/22: AFFIDAVIT of Joshua Abrams in Support re 25 Emergency MOTION to Dismiss
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  • 25. 10/20/22: Emergency MOTION to Dismiss or, in the alternative, for equitable relief by Joshua Abrams
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  • 24. 10/20/22: NOTICE of Appearance by Joshua N. Garick on behalf of Joshua Abrams
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  • 23. 10/19/22: NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter.
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  • 22: 10/19/22: Transcript of Hearing held on October 18, 2022, before Judge Patti B. Saris
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  • 21. 10/18/22: ELECTRONIC NOTICE of Hearing. This hearing will be conducted by video conference 10/24/22.
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  • 20. 10/18/22: Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Emergency Status Conference held on 10/18/2022
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  • 19. 10/18/22: Plaintiff's First Set of Requests for Production of Documents and Things to Defendant, NOS 1-12, Katherine Peter by Jose Maria DeCastro
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  • 18. 10/18/22: Plaintiff's First Set of Requests for Production of Documents and Things to Defendant, NOS 1-12, Joshua Abrams by Jose Maria DeCastro
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  • 17. 10/18/22: Judge Patti B. Saris: ELECTRONIC ORDER entered Granting [ECF 16] Defendant Emergency Motion for a Status Hearing
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  • 16. Exhibit C in support of [ECF 16]
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  • 16. Exhibit B in support of [ECF 16]
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  • 16. Exhibit A in support of [ECF 16]
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  • 16. 10/18/22: Emergency MOTION for Hearing For a Status Conference by Kate Peter
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  • 15. 10/12/22: ELECTRONIC ORDER. Plaintiff's applications for entry of default as to Defendants Abrams and Peters, [ECF Nos. 10, 13 ], are DENIED
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  • 14. 10/12/22: NOTICE of Appearance by Benjamin J. Wish on behalf of Kate Peter
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  • 13. 10/07/22: Application to Clerk for Entry of Default by Jose Maria DeCastro
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  • 12. 10/7/22: First Opposition to [ECF Nos. 6, 8 ] MOTIONs for Extension of Time to File Answer filed by Jose Maria DeCastro
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  • 11. Opposition to defendants' ex parte motions [ECF 6] and [ECF 8] Extension of Time to File Answer filed by Jose Maria DeCastro
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  • 10. 10/06/22: Application to Clerk for Entry of Default by Jose Maria DeCastro
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  • 9. 10/05/22: ELECTRONIC ORDER. Defendant Abrams [ECF 8 ] motion for an extension of time within which to respond is extended by 29 days
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  • 8. 10/05/22: Letter/request for extension of time to file responsive pleading from Joshua Abrams
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  • 7. 10/03/22: ELECTRONIC ORDER. Defendant Peter [EFC 6] motion for an extension of time within which to respond is extended by 30 days
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  • 6. 10/03/22: Letter/request for extension of time to file responsive pleading from Katherine Peter
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  • 5. 09/27/22: SUMMONS Returned Executed Joshua Abrams served on 9/16/2022, answer due 10/7/2022; Kate Peter served on 9/15/2022, answer due 10/6/2022
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  • 4. 09/07/22: Filing fee/payment: $ 402.00, receipt number 100000198 for 1 Complaint
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  • 3. 09/02/22: Summons Issued as to All Defendants
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  • 2. 09/02/22 ELECTRONIC NOTICE of Case Assignment
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  • 1. 09/02/22: COMPLAINT against Kate Peter, Joshua Abrams, filed by Jose Maria DeCastro
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The Public Documents

The documents on this site can be found in various locations on the Internet, or in court records. They have been released under FOIA by government organizations, or by public entities, corporations and individuals. They are public records. ThePublicDocuments.com obtains these files from Internet sites, or directly from the parties listed above. If information appears to be inaccurate or incomplete, contact the person, organization, agency, or corporation responsible for originally releasing the information to the public. New, updated, corrected, or modified documents will be posted here as soon as we receive a copy.


Identity Resolution

We manually connect multiple key data points - like names, birthdates, emails, phone numbers and more - in the documents we find on social media and court websites. The more matching data points, the more confidence we have that the posted file, image, or document belongs to Jose Maria "Chille" DeCastro, aka DeleteLawZ. We look for multiple matches before publishing a record. If you feel that we have incorrectly included a record, please use the Contact Us form on this website and we will review the data points to ensure the accuracy of the information.