Here’s a legal update on The Offline Assistant & Kevin O’Connor’s million dollar lawsuit against us.
We have appealed the ruling made here in Lubbock to let the case continue.
Here is our appeal paperwork, filed with the courts in Amarillo Texas.
Once we filed our paperwork, Mr. O’Connor’s legal team requested and received a 20 day extension and at the end of that extension, they filed the following response.
After their filing, we were granted an additional 20 days to file a response to their response (confusing I know). Here it is.
To me (as a non lawyer, with zero facts supported and purely 100% opinion based) – my lawyers did an excellent job with this answer and it addresses several real and possibly false statements made in their filing against us.
For those needing a quick recap, read the various blog post on the topic but here’s my 100% opinion based timeline of events:
Nov 2015 – We notice almost 8k in over ordering by Kevin’s company The Offline Assistant. We double check our numbers (by pulling credit card statements, orders) and give Kevin several opportunities to settle with us for less money (5k at one point) but refuses to accept fault and eventually he stops answering my emails.
Dec 2015 – I send a legal demand letter asking for repayment.
Dec 2015 – Kevin’s first lawyer responds and instead of settling, he wants us to remove all of our content, write a public apology (that Kevin as to approve), and pay Kevin $315,000 in damages. This is less than a month after we discovered the error.
Mar 2016 – Kevin officially sues us (making all of this public record), but now he’s got a new lawyer, and wants up to a million dollars in damages.
Aug / Sept 2016 – Kevin begins having our content falsely (my opinion) blocked in Ireland and when I reach out his lawyer asking him to stop, he doesn’t. As a result, I have no other option but to repost the videos and provide updates on each one via various social channels.
Oct 2016 – We appeal the Anti-Slapp case to the Court of Appeals in Amarillo Texas.
Early Nov 2016 – Kevin’s lawyers file for an extension and push the appeal deadline to the 30th of November.
November 30, 2016 – Kevin’s lawyers submit their paperwork opposing our appeal.
December 19, 2016 – We file our response to their opposing paperwork and now await the appellate courts decision.
By the way, once we received notice of their failed attempt at a temporary restraining order, I personally reached out to Kevin and gave him one last chance to settle with us before allowing the courts to decide our fate.
How was this offer received by Kevin? His legal team sent over a second request for another temporary restraining order that as of today (1/9/17 @ 4:06pm) I have yet to receive any legal notification to stop posting these updates or contacting Kevin himself.
So now we wait for the courts to decide and all previous offers of settlement by me have been taken off the table.