The Truth Isn’t Always Pretty and Neither Is This Post

I have been very sick lately, so I apologize up front for this post being a bit stabby, but when you have dealt with the garbage that I have over the past 6 years for telling the truth, it’s hard not to be a bit bitchy when you reflect on the past.  What I have learned over the past 6 years is to keep your circle small and tight.  Even then you aren’t guaranteed not to walk away with an ax lodged firmly in your back, delivered by those you trusted the most or holding the smoldering bag of shit that your friends gladly entrusted you with.

We were being sued: Michelle McKee, Thomas Olsen and myself.  Deric Lostutter sued us too many times to count in state court, and then decided that he would sue in federal court for one million dollars (and my dogs) because he thinks if he wins, we were going to magically pull a million bucks out of our asses.  He filed a SLAPP suit in the Middle District for North Carolina US District Court.  His complaint is ridiculous and the Judge doesn’t know what Lostutter is suing for.  Michelle was dismissed by Lostutter when she shared our highly private, attorney-client privileged correspondence so she could walk away from this with unclean hands.  Thomas was dismissed because Lostutter failed to serve the complaint on him properly.  So, it’s just lil old me dealing with the federal inmate who has access to a law library and a typewriter.

It boils down to this:  Deric Lostutter used the rape of a young girl as his marketing platform to collect personal donations and to falsely claim that he “solved the Steubenville rape case”.  When we called him out on it and began asking media outlets to either correct or retract their reporting on Deric’s false narrative, Deric had a shit fit that the gravy train was drying up.  He claimed that he lost his business because of the truth being out there, but it was later learned that he owed money to the man he got the business from.  In the course of this lawsuit, and attempting to get discovery to prove that Lostutter was not being honest as to why he closed his business and other claims, Lostutter did what he usually does — the rules don’t apply to him, and discovery has become one-sided and I am not allowed to contact his potential witnesses because according to the Derp™ this is “tampering with witnesses”.  I don’t know where he is coming up with these new federal rules, but he is out of touch with reality and playing jailhouse LOLyer has gone to his head.  All I know is I am being harassed by a convicted felon while he is incarcerated and he is using the federal court system as his forum to do so.  He is filing what amounts to legal filth about me and surreptitiously inserting it into the official court record by filing “declarations” which he claims are fact.  I’m tired.  I’m tired of having this wackadoo in my life, and I’m tired of having to spend every available moment of my time responding to the crap that he is filing in this case.

This is the docket from January 19, 2018 through yesterday:

01/19/2018 79 MOTION for Protective Order by DERIC JAMES LOSTUTTER. Response to Motion due by 2/5/2018 (Attachments: # 1 proposed order, # 2 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/19/2018)
01/19/2018 80 MEMORANDUM in support re 79 MOTION for Protective Order by Plaintiff DERIC JAMES LOSTUTTER. (Taylor, Abby) (Entered: 01/19/2018)
01/19/2018 81 DECLARATION by Plaintiff DERIC JAMES LOSTUTTER. (Taylor, Abby) (Entered: 01/19/2018)
01/22/2018 82 RESPONSE in Opposition re 78 MOTION to Quash filed by DERIC JAMES LOSTUTTER filed by ALEXANDRIA GODDARD. Replies due by 2/8/2018 (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/23/2018)
01/26/2018 83 MOTION to Compel Initial Disclosures by DERIC JAMES LOSTUTTER. Response to Motion due by 2/12/2018 (Attachments: # 1 proposed order, # 2 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/26/2018)
01/29/2018 84 MOTION Subpoena Duces Tecum by DERIC JAMES LOSTUTTER. Response to Motion due by 2/23/2018 (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/30/2018)
01/29/2018 85 BRIEF in support of re 84 MOTION Subpoena Duces Tecum. (Taylor, Abby) (Entered: 01/30/2018)
01/30/2018 86 MOTION Subpoena Duces Tecum by DERIC JAMES LOSTUTTER. Response to Motion due by 2/23/2018 (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/30/2018)
01/30/2018 87 BRIEF in support of re 86 MOTION Subpoena Duces Tecum. (Taylor, Abby) (Entered: 01/30/2018)
01/30/2018 88 REPLY, filed by Plaintiff DERIC JAMES LOSTUTTER, to Response to 78 MOTION to Quash filed by DERIC JAMES LOSTUTTER. (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/30/2018)
01/30/2018 89 MOTION Subpoena Duces Tecum by DERIC JAMES LOSTUTTER. Response to Motion due by 2/23/2018 (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 01/30/2018)
01/30/2018 90 BRIEF in support of re 89 MOTION Subpoena Duces Tecum. (Taylor, Abby) (Entered: 01/30/2018)
02/01/2018 91 MOTION for Temporary Restraining Order by DERIC JAMES LOSTUTTER. Response to Motion due by 2/26/2018. (Attachments: # 1 proposed order, # 2 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/01/2018)
02/01/2018 92 MOTION for Ruling Prior to Trial (LR65.1) by DERIC JAMES LOSTUTTER. Response to Motion due by 2/26/2018. (Attachments: # 1 proposed order, # 2 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/01/2018)
02/06/2018 93 BRIEF in support of re 91 MOTION for Temporary Restraining Order. (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/06/2018)
02/06/2018 94 MOTION to Strike 81 Declaration by ALEXANDRIA GODDARD. Response to Motion due by 3/2/2018 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/06/2018)
02/12/2018 95 MOTION for Leave to Serve Additional Requests for Admissions upon Defendant by DERIC JAMES LOSTUTTER. Responses due by 3/5/2018. (Attachments: # 1Exhibit A, # 2 Second Set of Requests for Admissions, # 3 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/12/2018)
02/16/2018 96 MOTION for Extension of Time to File Response/Reply by ALEXANDRIA GODDARD. (Attachments: # 1 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/16/2018)
02/18/2018 Motion Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: 96 MOTION for Extension of Time to File Response/Reply. (Engle, Anita) (Entered: 02/18/2018)
02/22/2018 97 MOTION for Subpoena Duces Tecum by DERIC JAMES LOSTUTTER. Response to Motion due by 3/19/2018. (Attachments: # 1 Subpoena, # 2 Envelope – Front and Back)(Taylor, Abby) (Entered: 02/22/2018)

 

Deric Lostutter has a 5-year civil protection order against him filed in Jefferson County, Ohio.  That CPO will likely be extended based on his behavior behind bars.  He is not able to control himself and at his felony sentencing hearing, the Judge told him that he fully expected him to violate the terms of his release, as he was incarcerated early because he had made threats to a woman using Facebook messenger (even though he was forbidden to use any type of social media, let alone have a device that could connect to the internet).   Lostutter has used his time in prison to litigate the civil case against me, and through the course of discovery,  is trying to obtain personal information on the woman who filed the restraining order, and others that he believes have wronged him.  Lostutter has this insane notion that everything in this lawsuit must be private and has sought a protective order, and a “restraining order” against me.  Seriously?  He initiated this lawsuit.  He is a public figure, and continues to make this assertion in all of his pleadings.  As such, being a “public figure” as he claims to be, the lawsuit is a matter of public interest.  There is no reason for the case to be sealed. He is seeking media attention, and has made mention of “media” in his various pleadings.

Motion for Protective Order

Through the course of discovery, Lostutter has sought information about Sam specifically, as well as others, wherein he has requested that I provide personal information such as address and contact information (telephone numbers, etc).  Being that he has a restraining order against him that prohibits him from seeking third party intervention to obtain information regarding his victim, I was VERY concerned when he requested her personal information multiple times.  The restraining order is very clear about him initiating any type of contact with her or her extended family.  So, I told her that he was seeking her information.  Of course, she was very alarmed and made a complaint through the Bureau of Prisons, as did Holly.  One would think that any complaint of this nature would be kept confidential, especially since there is a restraining order in force that inmate Lostutter was violating via discovery requests.  I am very concerned that the BOP shared with the man who is under a 5-year CPO, the information of his victim.  In turn, he filed this yesterday.

Subpoena SIS Lt (1)

I want to be done with this, and recently sent him a letter asking what it would take to settle this.  The response I received was unreal and unrealistic.  It wasn’t a proposed settlement, it was an indentured servant contract and when I walk away from this, win or lose – I’m washing my hands of it and there will be nothing that covertly keeps him attached to my hip.  I just want him out of my life.  Like yesterday.  This lawsuit is ridiculous and his abuse of process is disgusting.  But…as always, I’ll soldier on and do what I have to do.

Complaint

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2 Comments

  1. BarnGoddess

    So, he wants anyone and everyone you’ve ever corresponded with over years and years of friendship to have personal and even non-related correspondence? I personally have no problem. But, if he truly wants all my information, he needs to know my attorney is not only a personal friend, but a judge in my area that has the power to deny his silly request. Just letting you know that if you have any concern over our correspondence in any shape or form over the years, just tell that asshole serving a prison sentence to bring it on.

    Reply
    1. prinnie (Post author)

      That’s exactly what he wants. He is such a psycho! He’s even asking for attorney-client privileged emails. NOT going to happen. Not in this lifetime.

      Reply

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