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The Delaware computer repairman at the center of the Hunter Biden laptop story that popped up before the election filed a defamation lawsuit against Twitter on Monday that also was dismissed on Monday. John Paul Mac Isaac attempted to sue Twitter for $500,000,000 in the U.S. District Court for the Southern District of Florida but was immediately shot down because the complaint “fail[ed] to allege complete diversity...”
The complete diversity requirement means “no plaintiff shares a state of citizenship with any defendant.” But Twitter is incorporated in Delaware and Mac Isaac is a Delaware resident. For this reason, the judge said, the court lacked jurisdiction.
“According to the Complaint, Defendant made false statements that Plaintiff is a ‘hacker’ in reference to materials obtained by the New York Post and shared on Twitter in an exposé concerning the contents of Hunter Biden’s computer hard drive. For the reasons set forth below, the Court lacks subject matter jurisdiction,” U.S. District Judge Beth Bloom said in a brief Monday sua sponte dismissal that was entered into the docket on Tuesday. “For a court to have diversity jurisdiction pursuant to 28 U.S.C. § 1332(a), ‘all plaintiffs must be diverse from all defendants.'”
As a result, the judge dismissed the case without prejudice—meaning it could be filed again if Mac Isaac was able to establish that the court has jurisdiction to hear the case (he could also go to state court in Delaware).
“The Court cannot conclude that Defendant [Twitter] is a Florida citizen. The Complaint merely alleges that Defendant maintains an office in Florida, but it does not allege where the ‘principal place of business’ is located,” the judge said in a footnote.
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@jon-nyc said in Half-billion:
I’ll bet the publicity led to a net increase in business for him.
Nope. He received all kinds of threats and had to shut down the shop.
Yeah, it's Newsmax, but they're quoting a local paper:
https://www.newsmax.com/politics/hunter-biden-rudy-giuliani-laptop-wilmington/2020/11/24/id/998548/
The Wilmington, Delaware computer repair store owner, who allegedly handed over information stored on a laptop supposedly owned by Hunter Biden to a lawyer representing Rudy Giuliani, has closed up shop, the Delaware News Journal reports.
The store gained attention after a New York Post article detailed how the laptop made its way from the repair shop to Giuliani, who is President Donald Trump’s personal attorney, weeks before the presidential election.
The Post story alleged that Joe Biden held a meeting with an executive from Burisma Holdings, a Ukrainian energy company that employed his son, Hunter Biden, while he was vice president. The story also claimed that there were incriminating photos of Hunter Biden on the hard drive.
The newspaper reports that 10 days after the election, a sign on the store’s door said it had closed. A neighbor told the News Journal that the owner left town.
The shop owner’s attorney, Brian Della Rocca, said Mac Isaac shut the store down after he received death threats. He did not say where his client was located and noted he doesn’t expect his client to become involved in any sort of lawsuit or investigation. He did confirm that his office had spoken with Wilmington FBI agents and with Delaware's Assistant United States Attorney Leslie Wolf.
"I've been in touch with federal law enforcement, yes," Della Rocca said.
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Impact on his computer repair business, you say ...
Knowing that the computer repair guy gave a computer from one customer, with all its data intact, to someone else, would you ever trust that repair guy with your computer with your data?
Doesn’t matter whether that computer repair guy is a Trump supporter or not, his computer repair business is already damaged when he gave a customer’s computer/data away to some one else.
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@axtremus said in Half-billion:
Knowing that the computer repair guy gave a computer from one customer, with all its data intact, to someone else, would you ever trust that repair guy with your computer with your data?
Knowing that the guy who dropped off the computer signed an agreement stating that if he doesn't retrieve it in 90 days, it becomes the property of the computer repair guy, would you ever trust that guy to be on the board of an energy company?
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@george-k said in Half-billion:
Knowing that the guy who dropped off the computer signed an agreement stating that if he doesn't retrieve it in 90 days, it becomes the property of the computer repair guy, would you ever trust that guy to be on the board of an energy company?
Sure, why not? I’m not going fire someone from a Board of Directors just because that some one forgot (or even deliberately decided not) to pickup a computer from some repair shop.
If you want to talk information security in a business setting, the security is already breached when you (1) store confidential information on computer where you’re not supposed to, or (2) give a computer with confidential information to a repair shop outside the business’ established IT process.
A Director forgot to pickup his kid’s old Mac or his own old gaming PC from a repair shop is not a problem. That Director storing confidential information on his kid’s Mac or gaming PC and give that Mac/PC to an outside repair shop — that may be a problem.