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Thread: Alan vs. KJ

  1. #1
    Diamond MisterV's Avatar
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    Wow, what a hoot the just closed "Living out of hotel rooms" at WoV is.

    Check out the posts today.

    I would post this there but the admin closed the thread.

    Alan is threatening to sue KJ for libel.

    I see no libel; Alan is a public figure and "a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless

    there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth. The legal burden of

    proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person." ---wiki: public figure

    I believe a reasonable man might come to the conclusion KJ did based not only on what was posted by Alan but also based on what Alan has posted

    previously about his trials and travails.

    But I could be wrong: time will tell, eh?

    It's like a soap opera; I call it "As the stomach churns."
    What, Me Worry?

  2. #2
    Originally Posted by MisterV View Post
    a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth.
    That reads like an opinion someone entered onto a Wikipedia page.

    Do judges often cite Wikipedia in summary judgements?

  3. #3
    Diamond MisterV's Avatar
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    Originally Posted by coach belly
    That reads like an opinion someone entered onto a Wikipedia page. Do judges often cite Wikipedia in summary judgements?
    I cited wiki as the source: "wiki --- public figure"

    It is an accurate summary of the standard.

    Dunno what judges do, I've never been one and never tried to be one.

    "Judge not, lest ye be judged."

    Works for me.
    What, Me Worry?

  4. #4
    Look Alan has shared enough about his gambling that I find it hard to believe anybody that isn't playing games, doesn't think there is an issue there?

    His Son came on this forum and announced that Alan had a gambling problem that made him unable to pay his debts and effects his relationships with his kids and grandkids.

    The man got married at a craps table for God sakes.

    I don't know how many times he has been married. Rob says 5. I think Alan says 3. But Alan said something about one of the marriages ending because his wife had concerns about his gambling, or they had different views on gambling or something like that.

    They guy claims he never had a winning year. He has hit several 100k royal flushes and still lost for the year. Good God!

    The man made good money as a TV reporter in his career. I have no idea about the infomercial business that followed, but now, all indications are he has lost whatever money he had and lives month to month off his SS and I guess pension from Television.

    Are we supposed to ignore these things?

    Now I have nothing against Alan. All I said was him looking into or considering giving up his apartment, his home, to try to live at casinos bouncing around with free and discounted rooms was a terrible idea for a 70 year old man. I suspect Mike will suspend or ban me again at Alan's request, but I don't care. It is a terrible idea and more people should be willing to say that. he needs to hear it.

    And by the way, this all comes back to Mdawg and his claims of living rent free off the casinos while winning gobs of money (which isn't true). Is it any wonder that someone like Alan and God knows how many others think "what a great idea?" This is exactly why there has to be pushback on this fantasy bullshit.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  5. #5
    Did Alan really say he was considering living in casinos via free and discounted rooms?

    Well, there's a couple of interesting angles on this. First, I guess phone apps allow you to bet sports and such without being in the casinos, but actually playing table games or slots is not available via apps. Second, trading in an apartment for living out of hotels suggests that the person may want to apply their apartment costs to the gambling. That would be bad. If things are okay financially, why not just keep the apartment and live out of hotels anyway? The apartment can't cost that much. Third, there is that notoriety angle. If you're living in casinos, it's the Cheers line, "Everybody knows your name." You feel like somebody as opposed to nobody. Of course, that "some" in "somebody" comes at a cost.

    I have a little experience with this, as back in my 20's and maybe a year or two in my 30's, sometimes I bounced from casino to casino during football seasons. In my 20's, I couldn't afford to have both an apartment and do the bouncing. Plus, month-to-month leases were no fun to negotiate and were often a little raggedy. So I'd use every discount known to man and move from place to place. I remember in the early 80's, one season I stayed at the El Cortez or the downtown Holiday Inn/Fitzgeralds or the Cal during the week and shifted to the Gold Spike some weekends. I remember discounted rooms at the Imperial Palace occasionally being on the rotation. My gig was football betting. I didn't play slots or video poker or table games unless I was exploiting coupons back then. So I wasn't tempted to blow money on these other things; I never had a problem saying no.

    Doing the same thing now at my age (and Alan is a few years older), I would find it fun at first, then it would probably pretty quickly transition into tiring.

    My guess is that, if Alan tries it, he'll quit after a couple of months.

  6. #6
    Diamond MisterV's Avatar
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    My buddy (not a gambler) recently moved to sin city.

    I mention this because the way he arranged accomodations would likely be the best way for someone who wants to try to live in casinos but needs a fallback place for when the casino rooms aren't available.

    He is renting a room in a home that he found on LV craigslist, presumably under "Housing, rooms / shared."
    What, Me Worry?

  7. #7
    KJ, same as your blackjack nonsense, you have zero proof of anything. Three things basic to every court case. What is the issue, evidence of the issue, and, the expectation that the judgment will be fair, whatever. A parade of people giving character references about something else is the best way to fairly lose on any issue in any court. Are you going to call these persons to testify? Lol.

    Anyway, even if you do play blackjack, then everyone will know your name, and, likely, where you live, from the court records. I suppose that Alan has to wonder what the heck else he could get out of you if he did sue. Maybe, one of those $1 lawsuits. I would, just to make a point. For sure, it's actually worse overall that you use the gambling forums to accuse Alan of gambling problem(s).

    Big mouth + to the "wrong" person = big problem(s).
    Every one /everyone knows it all; yet, no thing /nothing is truly known by any one /anyone. Similarly, the suckers think that they win, but, the house always wins, unless to hand out an even worse beating.

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  8. #8
    Originally Posted by redietz View Post
    Did Alan really say he was considering living in casinos via free and discounted rooms?
    No, he did not...tewlj made that up.

    tewlj is mentally ill, he is not capable of posting honestly.

    Nothing he writes should be believed.

  9. #9
    The thread remains at WoV, redietz. Look for yourself. Certainly, don't believe coach smelly.

    The thread was a player considering living off free and discounted rooms bouncing around from casino to casino. Alan stated that he had "looked into that" as well, because rents are increasing, and he didn't like paying $1200 for his apartment.

    I responded that I was surprised he would consider that or find that appealing at his age.

    Pushback now seems to be that Alan never said he was considering it. What exactly does "looked into" mean? In my book that means you considered something. Too many of these guys want to argue and fight what I say, BECAUSE I say it and not on the merits.

    Besides Alan's son's comments, which Alan wants to write off as a family squabble, there are many other signs of a gambling "problem" or issue. I have mentioned some. Hers another one. Alan has publicly spoken about how he doesn't play the limits and amounts that he used to. He says he doesn't have that kind of money anymore. Where does everyone think all his money went? Does Alan have a cocaine problem that nobody knows about? (and no I am not suggesting that). We all know where that money went. It is just some all of the sudden want to pretend there aren't all these signs.

    I am not picking on Alan. Las Vegas is full of retired people that gamble away their excess retirement social security funds. They are often broke for 2/3rds of the month. But they have a place to live. You don't give up your home and live at the casinos. Not at 70 years old and not a non-AP. More of you people should be saying that.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  10. #10
    Not the first time Alan/ Andrew threatens to sue. Too many times to keep track. That's been his MO, the last several years since going broke.

  11. #11
    Diamond MisterV's Avatar
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    Were I a betting man (I am) I'd be willing to bet that Alan does not file and win defamation lawsuit against KJ.

    Not only would he have difficulty meeting the burden of proof (Alan is a public figure) but there is also the expense of litigation to consider.

    Now I don't know or really give a flying fuck about Alan's financial situation but unless he is very well-heeled the notion of filing a defamation lawsuit does not meet the cost / benefit test.

    First, he'd have to pay cash up front and as the case progresses the lawyer's bill must be paid current; I can easily see expenses over twenty grand.

    Second, there is the essentially impossible problem of meeting the necessary burden of proof.

    Third, there is the question of assessing and quantifying damages; how could Alan show and quantify any pecuniary loss due to the alleged defamatory statement?

    Finally there is the issue of being able to collect on a judgment, assuming (a real long shot) he files the case, wins, and secures a judgment; just as KJ claims Alan is not well-heelied, I suspect KJ isn't either, and is close to judgment proof.

    You can't get blood from a turnip.
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  12. #12
    There will be no defamation suit, because there is no defamation. That is just something Alan threatens all the time when his feelings are hurt. I am sorry I hurt his feelings. I though everyone recognized that at the very least there are all sorts of signs pointing to Alan having a gambling issue. I mean there are like a million people like that in Vegas. It is just strange that people that I know recognize this as well, have even said so, all of the sudden are pretending they never heard this before and I am the bad guy for picking on poor (pun intended) Alan.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  13. #13
    Hey, maybe Andrew will make an appearance sharing his legal expertise.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  14. #14
    Originally Posted by MisterV View Post
    I can easily see expenses over twenty grand.
    Alan should start a Go Fund Me campaign to cover attorneys' fees.

    If he names the publisher in the complaint, and includes tewlj as a "john doe" defendant, it's likely that the publisher would willingly provide information needed to identify tewlj and determine his legal name, so that he could be properly served.

  15. #15
    belly, as usual, you don't know what you are talking about. I am sure some of the KJ fan club has PMed Alan my name and address by now.

    So let's take this to it's illogical conclusion. (MrV please chime in anything that I have wrong)

    So lets assume my name is Marty McFly. Alan heads to his attorney and says Marty McFly said some things about me on an anonymous forum that are untrue. Can you imagine...with twitter and all the forums there would be a billion cases a day. So anyway, Attorney for Alan, says show me. Alan provides a print out where Kewlj said this and kewlj said that. isn't the first thing out of the attorney's mouth going to be where is Marty McFly?

    Ok, so they subpoena Mr Chang and the Serb crew at WoV and they provide an IP address. Well the gang at WoV doesn't seem to be able to figure out where IP addresses are coming from any more, let alone who the person behind it is. But let's just say they subpoena them and get a name to attach to the comments. Forget that there is a number of people in my household that it could be. let's move past that.

    So I am served with papers. isn't the first order of business something called discovery? That means that Alan is going to have to prove that the comments are not true. Discovery will involve his financial records. Let's take a look at what he had and was worth 20 years ago, 10 years ago and what he has and is worth now. Let's hear the story of where that went? With likely atm withdrawls right at the casinos.

    But I am guessing it gets no where near that point. I am guessing at MOST, a phone call to an attorney, or to Andrew who supposedly works for an attorney, who tells Alan, he has no case as they hang up, laughing.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  16. #16
    Hey Belly, could you point me towards that go fund me campaign? I want to donate. Anonymously of course.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  17. #17
    Hey, I forgot....Mdawggy is an attorney. He can take the case.
    Dan Druff: "there's no question that MDawg has been an obnoxious braggart, and has rubbed a ton of people the wrong way. There's something missing from his stories. Either they're fabricated, grossly exaggerated, or largely incomplete".

  18. #18
    Originally Posted by kewlJ View Post
    belly, as usual, you don't know what you are talking about. I am sure some of the KJ fan club has PMed Alan my name and address by now.

    So let's take this to it's illogical conclusion. (MrV please chime in anything that I have wrong)

    So lets assume my name is Marty McFly. Alan heads to his attorney and says Marty McFly said some things about me on an anonymous forum that are untrue. Can you imagine...with twitter and all the forums there would be a billion cases a day. So anyway, Attorney for Alan, says show me. Alan provides a print out where Kewlj said this and kewlj said that. isn't the first thing out of the attorney's mouth going to be where is Marty McFly?

    Ok, so they subpoena Mr Chang and the Serb crew at WoV and they provide an IP address. Well the gang at WoV doesn't seem to be able to figure out where IP addresses are coming from any more, let alone who the person behind it is. But let's just say they subpoena them and get a name to attach to the comments. Forget that there is a number of people in my household that it could be. let's move past that.

    So I am served with papers. isn't the first order of business something called discovery? That means that Alan is going to have to prove that the comments are not true. Discovery will involve his financial records. Let's take a look at what he had and was worth 20 years ago, 10 years ago and what he has and is worth now. Let's hear the story of where that went? With likely atm withdrawls right at the casinos.

    But I am guessing it gets no where near that point. I am guessing at MOST, a phone call to an attorney, or to Andrew who supposedly works for an attorney, who tells Alan, he has no case as they hang up, laughing.

    This sounds about right. Reality is a bitch.

    I can make a case that, if someone is blowing a lot of money on working girls each month, it's probably easier to negotiate pricing from a casino floor than sitting at home in your apartment. Note: that comment in no way suggests that anyone has a sex addiction. Or a woman addiction. Carry on.

    Also, if anyone is actually interested in trying to do this, I do know someone who has been offered an arrangement or two. I could point you in a proper direction.

  19. #19
    I actually feel bad for Tomg. I would have been PISSED if my innocent thread about living out of hotels suddenly got closed over that.
    https://photos.app.goo.gl/Zk2WAFzDcrJ7pjNB7

    Take comfort in the fact that no one is actually backing up his wishes to have you permanantly banned.


    Smart is knowing a Tomato is a fruit.

    Wise is knowing a Tomato doesn't belong in a fruit salad.



    I am glad to get my full posting rights back! Thank you Dan!

  20. #20
    Originally Posted by kewlJ View Post
    let's take this to it's illogical conclusion.
    I agree that your scenario and conclusion is illogical.

    Alan wrote "You continue to libel me. Your intent is to damage me. If I knew your real name I'd sue you."

    As an award-winning veteran newsman, he likely has experience in matters of libel and defamation.

    He seems pretty sure that what you've written about him is actionable.

    An attorney can help him determine your real name, if it hasn't already been provided by your fan club.

    Once he's discovered your real name, then it sounds like he intends to sue you.

    Your housemates won't prevent that, they'll likely be named in the complaint as "john does", and will be deposed in discovery as well.

    If he starts a GFM campaign, I'll be sure to post the link as soon as I know it, and you can contribute.

    But, you'll need to make separate arrangements for your defense, and that of your housemates.

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