The lawsuit between Proud Boy, Jason Van Dyke, and internet troll, Thomas Retzlaff, had a big day today with Jason coming out on top when the court denied motions filed by Retzlaff to get the case dismissed.
Retzlaff had three motions before the judge. Denied. Denied. Denied.
“After reviewing the relevant pleadings and motions, the Court finds that all the motions should be denied.” —Judge Amos Mazaant
Back in March, Van Dyke filed a 100 million dollar lawsuit against Retzlaff for defamation, harassment, and interfering with his livelihood. The suit was filed in district court, but Retzlaff had the case moved to a Federal court where he filed a motion to get the case dismissed under the Texas Citizens Participation Act.
The TCPA is intended to protect citizens by having malicious lawsuits dismissed within 90 days. A maliciously filed case is not only dismissed, the filer has to pay legal fees and a punitive award to the plaintiff. (No, New Jersey doesn’t have a law like this but they should).
Since there was a 90 day deadline to dismiss under the TCPA, Retzlaff filed two more motions reminding the judge of the deadline. Probably not a good idea to nudge the judge.
Judge Mazzant decided TCPA doesn’t apply to a Federal court case and denied all of Retzlaff’s motions. Then to rub salt in the wound, the judge granted Jason an injunction hearing where Jason will attempt to get Retzlaff to stop harassing him.
Good luck with that, for Retzlaff, an injunction is an open invitation to escalate.
The judge ordered Van Dyke and Retzlaff to follow a trial schedule he set in an earlier hearing. I’ve posted that below the break and once again I must say good luck with that. Retzlaff loves to play lawyer so he’ll file frivolous motions just to annoy everyone else just and show he knows some law.