Joe West Wins $500K Defamation Suit Against Paul Lo Duca

epraz

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https://www.msn.com/en-us/sports/mlb/joe-west-awarded-dollar500000-in-damages-against-paul-lo-duca/ar-BB1fAwgu

On a podcast, Paul Lo Duca claimed that Billy Wagner told him that Joe West gave Wagner a bigger strike zone because Wagner let him drive his 1957 Chevy. West sued Lo Duca and the podcast network. The podcast network settled, Lo Duca didn't even answer the complaint, and the judge entered a default verdict against Lo Duca for the amount sought in West's suit--250k for anguish and distress, and 250k for the costs of reputation management. West is retiring this season, and presumably very interested in managing his reputation with the Hall in mind.
 

Steve Dillard

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Good luck collecting that. It is a default judgment, which are leniently vacated within a year if the defendant shows up and wasn't actually served. Here, West tried to serve Loduca in New York, and was told he doesn't live there. Tried to serve him at Barstool, and was told he doesn't work there. So the judge allowed them to serve him by email, using his barstool email address. Problem is, from my quick google of him and barstool, he stopped working there in Oct 2020, per reddit:

So, because he never showed up in Court, the judge ordered a form of service that Loduca should be able to show was ineffective. That means vacating the judgment and West starts anew.
 
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epraz

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Interesting, it gives a potential strategical reason for Lo Duca's non-answer. How hard could it be to serve Lo Duca?
 

scott bankheadcase

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I’m also not positive that the money is the clear driving factor here. I think West wanted his reputation restored, and headlines that he won a defamation suit here help that.
 

DennyDoyle'sBoil

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Good luck collecting that. It is a default judgment, which are leniently vacated within a year if the defendant shows up and wasn't actually served. Here, West tried to serve Loduca in New York, and was told he doesn't live there. Tried to serve him at Barstool, and was told he doesn't work there. So the judge allowed them to serve him by email, using his barstool email address. Problem is, from my quick google of him and barstool, he stopped working there in Oct 2020, per reddit:

So, because he never showed up in Court, the judge ordered a form of service that Loduca should be able to show was ineffective. That means vacating the judgment and West starts anew.
I'd rather have a judgment than not. Fine, let him contest it if he wants to hire a lawyer. And make him pay for discovery into whether he actually received the email. In the meantime nothing stops me from executing and until Loduca shows up and gets orders I can make things difficult for him.

I'm guessing the money may not be primary for West. Who knows. But he has a judgment and he can start collection. If West is motivated it won't be too hard for him to find assets and to seize them and force Loduca to show up and defend. I expect it will give West great satisfaction to garnish a bank account and have Loduca unable to use his ATM card.

And when the dust settles, you have what you want -- You have your defendant and you get him served.
 

Steve Dillard

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Reading the timeline, he was served by email in Jan 2020, so may still have been employed at Barstool at that time.

Interesting, it gives a potential strategical reason for Lo Duca's non-answer. How hard could it be to serve Lo Duca?
According to Joe West, very.

3. Plaintiff has attempted service pursuant to CPLR 308(1) and (2). Service pursuant to CPLR 308(4) was not practicable for the reasons stated herein. 4. Plaintiff has attempted service at several different residential addresses where, upon information and belief, the Plaintiff resided. 5. In addition, Plaintiff attempted service at several business addresses where, upon information and belief, the Plaintiff regularly and actually conducted business. 6. Plaintiff further attempted service at the following business addresses:

a. The Action Network, 275 Madison Avenue, Suite 512, New York, NY 10016, on October 28, 2019. Informed that Mr. Lo Duca is “unknown.” See attached as Exhibit A.
b. Barstool Sports, 13 West 27th Street, New York, NY 10001, on November 5, 2019. Informed that Mr. Lo Duca is “unknown.” See attached as Exhibit B.

7. Plaintiff attempted personal service at the following residential addresses:

a. 324 Trotting Lane, Westbury, NY 11590, on November 11, 12, 13 and 14, 2019. Informed by property manager that Mr. Lo Duca no longer resides at location. See attached as Exhibit C, Affidavit of Due Diligence.

b. 126 Friends Lane, Westbury, NY 11590, on December 18, 2019. Informed by occupant that Mr. Lo Duca, her ex-son-in-law, does not reside at the address. See attached as Exhibit D.

8. Accordingly, service by way of CPLR 308(1) and (2) is impracticable. 9. Upon information and belief, Mr. Lo Duca is employed by Barstool Sports. See attached as Exhibit E.
10. But, when service was attempted at Barstool Sports, the service agent was told that the defendant was unknown and did not work at that location. Thus, Service by way of CPLR 308(4) is also impracticable.
11. Accordingly, Plaintiff has filed this Motion pursuant to CPLR §308(5) for the Court to direct the manner of service for the Defendant Paul Lo Duca.
12. Defendant Lo Duca’s residence cannot be confirmed. In addition, attempts at his place of business were unsuccessful
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=txvCTY1vYcml00JkUmYqVQ==

They then served Loduca in January 2020 by email.
 

DennyDoyle'sBoil

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Reading the timeline, he was served by email in Jan 2020, so may still have been employed at Barstool at that time.



According to Joe West, very.



https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=txvCTY1vYcml00JkUmYqVQ==

They then served Loduca in January 2020 by email.
Interesting. I would think that if West can come up with any instances of Loduca using that email account after the date of service -- even an entirely unrelated email -- he's in good shape unless NY has law about email not being adequate substitute service under the rules. Most states allow substitute service by publication on motion. I'm surprised they didn't go that route.
 

reggiecleveland

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Biggest takeaway here ... Joe West is retiring!
After game 6 he is bulletproof in my eyes. He is up there with Bellhorn, on the list of people that get a lifetime pass from me. The umps overturn a call in favor of the Sox, against the Yankees, TWICE, is something I believed would never happen.

Godspeed Joe.
 

Mystic Merlin

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After game 6 he is bulletproof in my eyes. He is up there with Bellhorn, on the list of people that get a lifetime pass from me. The umps overturn a call in favor of the Sox, against the Yankees, TWICE, is something I believed would never happen.

Godspeed Joe.
And in the old Yankee Stadium, which at the time was a legitimately frightening place for anyone who incurred the wrath of the fans. Lest we not forget the stoppage after the ARod play with SWAT police surrounding the perimeter of the field.
 

reggiecleveland

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And in the old Yankee Stadium, which at the time was a legitimately frightening place for anyone who incurred the wrath of the fans. Lest we not forget the stoppage after the ARod play with SWAT police surrounding the perimeter of the field.
This has been glossed over in the feel good story of the millennium, the 2004 Red Sox, but the disgraceful actions of Yankee fans has slipped from consciousness. It must be made clear that as the Sox had the greatest comeback ever, and the Yankees had the biggest choke ever (it was both) Yankee fans were disgraceful childish bitches.
 

OCST

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This has been glossed over in the feel good story of the millennium, the 2004 Red Sox, but the disgraceful actions of Yankee fans has slipped from consciousness. It must be made clear that as the Sox had the greatest comeback ever, and the Yankees had the biggest choke ever (it was both) Yankee fans were disgraceful childish bitches.
Bring em on. I prefer a straight fight to all this sneakin' around.

Seriously - although the threat of violence is a terrible thing and I once feared for my safety at the old stadium while wearing Sox gear, I miss the old stadium. It was pretty ugly by today's standards, but it was a cauldron. It was the best and worst of New York, in that you had stockbrokers and plumbers and housewives cheek by jowl all howling at the moon. A fitting home for our blood rival. A great place to go and fight, and unfortunately having to acknowledge our least favorite neo-Nazi member, a great place to shut the fans up.

The new stadium is a snooze. I feel like it's the lobby of an orthodontist's office. There's more juice and passion in a College World Series game.
 

reggiecleveland

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Bring em on. I prefer a straight fight to all this sneakin' around.

Seriously - although the threat of violence is a terrible thing and I once feared for my safety at the old stadium while wearing Sox gear, I miss the old stadium. It was pretty ugly by today's standards, but it was a cauldron. It was the best and worst of New York, in that you had stockbrokers and plumbers and housewives cheek by jowl all howling at the moon. A fitting home for our blood rival. A great place to go and fight, and unfortunately having to acknowledge our least favorite neo-Nazi member, a great place to shut the fans up.

The new stadium is a snooze. I feel like it's the lobby of an orthodontist's office. There's more juice and passion in a College World Series game.
I get your point that some animosity is more fun.

I have never been there or Fenway, so out of my element in terms of first person experience. But, as an avid absorber of sports related reading material the Philly, Boston fans are often called out for bad behavior, while New York fans are generally praised for their no-nonsense New York attitude. This goes back to the glory days of the Yankees in the 40s and 50s when papers controlled the narrative and they were all in New York. Of course the Yankees had always beaten the Red Sox, so poor sportsmanship never showed up until then. It is just an overlooked part of the greatest story eve told.
 

OCST

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I get your point that some animosity is more fun.

I have never been there or Fenway, so out of my element in terms of first person experience. But, as an avid absorber of sports related reading material the Philly, Boston fans are often called out for bad behavior, while New York fans are generally praised for their no-nonsense New York attitude. This goes back to the glory days of the Yankees in the 40s and 50s when papers controlled the narrative and they were all in New York. Of course the Yankees had always beaten the Red Sox, so poor sportsmanship never showed up until then. It is just an overlooked part of the greatest story eve told.
what can you tell us about the atmosphere at Flames-Oilers games? We might not hear much about them here but you've probably got some stories (assuming you've been which I would guess you have?)
 

reggiecleveland

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what can you tell us about the atmosphere at Flames-Oilers games? We might not hear much about them here but you've probably got some stories (assuming you've been which I would guess you have?)
That could be a thread. Generally I will say the idea Canadians are polite non violent people goes out the window whenever hockey is examined. In western Canada, just about every person who isn't a recent immigrant has an NHL allegiance. So in one way there isn't a tradition of regional animosity over teams. I compare it to NBA allegiances in the black community. I am Bruin fan in part because when I was a kid Bobby Orr was carrying the puck and all the old guys said defensemen should not do that, just like a 6'9 guy like Magic should not be bringing up the ball or that terrible Pistol Pete and his behind the back passes. When people take the sport seriously they are often aligned more to a player, than a team. When I have coached at AAU tournaments in the states the fighting among parents, the screaming at refs by parents, reminds me so much of Canadian hockey parents, except hockey parents are more often drunk, so things escalate more often.

That said Oilers, Flames violence, etc was more likley in bars watching games on TV, since the average fan often felt left out unable to afford tickets.