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Streetwize
09-06-2021 at 03:56 PM
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Update on Mitchell vs Race Lawsuit

If you've been following Karl Jobst then you may know about this lawsuit, and if you have been reading articles by ersatz_cats then you may already know about the circumstances of the lawsuit. There isn't as much to unpack as the TG case, but I'm going to put it here for readability's sake. I do not know David Race personally, and there are many things he and I don't agree with on a political level, but I hold a great deal of respect for him being a logical thinker and someone who doesn't let relations get in the way of morals. It is because of said respect that I was personally livid upon learning he was being sued, and that I'm going to try my best to cover this.

If you want to get up to speed, I'll try to be quick. Basically, David Race is getting caught in a SLAPP suit because of a phone call he recorded (legally, mind you), and because Mitchell doesn't know when to quit, is trying to twist everything to favor him. In response to Race testifying against the person he had called a friend, the man was slandered by both Mitchell and his son when he jumped ship in a desperate effort to not get his testimony considered by the court. Mitchell stated that the man had a vendetta against him after his decision to sue TG for some reason, but the truth is simple: Race realized that the whole tape-editing farce was false after seeing the proof that it was impossible for himself.

First of all, you may wonder why can't he file an anti-SLAPP motion like TG has been trying to do. A valid question, but the answer is that no such laws exist: the most similar is malicious prosecution. Rest assured from the response in August his defense is trying for a swift end to this.

Motion to Dismiss
The Florida laws Mitchell is trying to use against him are actually favoring him because of two facts: Mitchell called Race, who has little to do with Florida. All of those laws Mitchell is trying to throw on him matter little because of that. As such, these laws, even if the case were to proceed in Florida, wouldn't work out. As to why: he doesn't reside there, he doesn't have any official connections there ("minimum contacts" doesn't include Billy and co.), and only visited the state twice in the past 10 years. The most he did was child support for a divorced wife who later moved in 2016. As such, the motion states the state doesn't really have much power over him. Case law already exists for complaints just like this in favor of the defendant as well as situations where it would work out for the plaintiff, and the ones brought up here originate from Florida. Had Race been in a state where such was illegal or Race called Mitchell, then Mitchell would have a leg to stand on. Instead, trying to use Florida's long-arm statute does not work for many reasons, including the fact that he did not specifically do this to only Mitchell, or "directly towards the state of Florida". As Ohio has one-party consent (i.e. no secret wiretapping by a third party), he really did nothing wrong. It is worth noting that Mitchell left who called who ambiguous in his complaint by stating "Race engaged in wire communications with Mitchell".

Requests for Admissions
This is the real fun part of the case. First off, Race slams Mitchell back down to reality over the fairy tale he made up about their meeting. I don't have anything against self-pride and success, but the line is crossed when false claims are made. Back up what you can say, and let others brag about you. He not only tried to play the victim by acting he wasn't aware of the recording but also act as if he was Race's senior even though he was really more of an equal. He knew who Mitchell was and interacted with him at The Big Bang, but he didn't go to it in July 2010 specifically to meet Mitchell. Mitchell established contact with Race in 2018 (and not the other way around) when he came to Mitchell's defense as the accusations started coming out. There was no constant or maintained contact over the years as they really only started talking eight years later, and even then he certainly never followed Mitchell's footsteps. He states that Rick Fothergill was more skilled than him and more worth emulating, and if you watched Karl's video then you may already know that he was a world record holder by then. The response even mentioned that he beat Mitchell's close friend, Chris Arya. It also goes into a public declaration about his speed world record even though it was TG itself that made such a public post. Furthermore, Race beat his own world record back in February 2010, six months before meeting Mitchell. I have no idea what Mitchell was trying to accomplish, but in the end, it only serves as more fire on both sides. Whether it's from ego, pettiness, or jealousy, to make up a story to talk down the greatest player of all time in Pac-Man and act as if you were the reason he became good is childish. Then again, Todd did that interview with Tipster and acted like he was the person who helped create the self-entry block but was really the reason it was added in the first place according to RTM.
As stated earlier, Mitchell called Race and thus denies that these laws are relevant to him. This falls back to the criminal acts towards Florida. Race partially denied the knowledge of Mitchell being in Florida as he never explicitly knew at the time. I'm not usually for this kind of ambiguity in court, but I do think it was the right call, not that it really matters. However, Mitchell also tried to feign ignorance about the idea of being recorded. A bit of hearsay here, but there are two main points brought up against this: Race told Chris Arya back in October 2017, and our beloved waffle Carlos Pineiro told Race he was personally told that Mitchell knew he recorded calls. Race believed, in good faith, that Mitchell knew he was being recorded, and admits he didn't really ask or bring it up because of that. Any substantial proof that Mitchell called Race should hopefully be enough to make the dismissal a done deal.
There are also admissions regarding the big lawsuit itself, such as him knowing he wasn't a part of it and who was part of it, as well as his own involvement. I don't really know the purpose of this, but I suppose it's a good way to make sure they are addressing the right David Race. I really don't see a reason for him not to admit such, but let's move on to the last point.
Tucked away in the middle of that is an interesting accusation that the call was edited to look like he consented to be recorded. As ersatz_cats covered in his own work, despite what it seemed at face value it could be about something else. I initially mistook this point for somehow editing the conversation to make him look bad, but I didn't find that after reading through again. I certainly don't blame Billy for thinking such, though the full call shall be submitted as per the response to the first Request For Production. I believe there was a bit of cropping, but nothing to take things out of context.

Request for Production
This is where we get to see the grittier side of Billy. In an effort to prove the "facts" of their first encounter as well as other possible malicious motives, he requested many things irrelevant to the complaint. Race points out such as well and objects to providing these materials. In fact, there are a few things he claims Mitchell is already in possession of.
Let's start with what he agreed to though. The full phone call is first, obviously, and most related to it as well that isn't privileged. That is, nothing that has an attorney legally involved. And that's it. Seriously. The rest is either beyond the scope of the complaint, or just flat-out irrelevant. In some cases, such as any relevant documents pertaining to the big case, Mitchell already has access to such. Notably, though, any documents and communications (D&C) with any parties related to the defense regarding the lawsuit were objected as being too broad and not likely for admissible evidence and asked the plaintiff to make a more sizeable request and surrounding a proper timeframe. As for the irrelevant material beyond the case, this includes social media posts about Mitchell starting from 2018, D&C relating to Florida laws, telephone bills from early March to late April 2018, D&C regarding said telephone bills, telephone bills from early September to late October 2020, D&C regarding those telephone bills, and D&C for the flight in 2010.
That's a lot to take in, and most of it is indeed irrelevant. What do flight and phone payments have to do with an illegally recorded call? There is no reasonable way Mitchell can use this lawsuit to find out what he did in October when the phone call was submitted as evidence against him. What beneficial comes from the posts Race made about him? Attacking him for anything negative he posted is attacking our freedom of speech. What he seeks invades human rights beyond a reasonable level. Just because he somehow kept the box used to verify a PCB 15 years ago (but not the original tapes he said he'd give out and later fully disavowed) doesn't mean others will just keep plane tickets from 11 years ago.
I follow Race on Facebook and, despite our conflicting political beliefs, I greatly respect how collected and calculated he is. That brings up another point though. Some say he is obsessed with Mitchell. I really don't believe that. Obsession is when you can't let go. Him talking about things as they come up really doesn't fall under that. Also, where is the line of obsession when interest is involved? He has been talking about Mitchell for three years now. Was it fine while he supported Mitchell, but not anymore when speaking against him? Or was it the other way around for some? I really think this claim is exaggerated, as with just about anything from Mitchell's camp.


To stop myself from rambling on that tangent, I'm going to close it here as that pretty much covers everything in the defense's response. A large amount of inquisition into Race's personal life that is irrelevant to the case is being asked for, but rightly objected to. I loved it when he set the story straight and brought up other names just to prove Mitchell really isn't as big as he is. It was clear Mitchell grasped at whatever straws he could to inconvenience Race, but it amazing to see how many people have come to in support against him. I may have my own bias in this, but who doesn't have a bias? It's impossible to not have any sort of bias in this lawsuit when the evidence speaks for itself. I don't "hate" Mitchell because he's popular. I "hate" him because he cannot use any sort of rational logic, keep a story straight, accept defeat or rejection with any sort of grace, and provide real proof even when in the right. As someone patient and understanding, there are few people I truly hate in this world. I understand many people believe his egocentricity is just a character he has to maintain, but as time passed while looking into this as well as a personal encounter with him, I became convinced his positive side is truly the fake side. He can be as nice to me as he wants in person. After weighing everything on both sides fairly I have made my conclusion. The only thing that will convince me otherwise at this point is actual, solid evidence that addresses the claims made against him since day 1, which is unlikely at this point.

"Pride goes before destruction, and a haughty spirit before a fall. It is better to be of a lowly spirit with the poor, than to divide the plunder with the proud."
-Proverbs 16:18-19

The relevant lawsuit documents up to this current point can be read here:
https://drive.google.com/drive/folders/12_lxIIVlnPa6UC14be98YzQZz7wHxU1f

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