Watch for Updates

Originally Posted August 22, 2020
By Robert Baty

YouTube personality Steve McRae has filed a civil suit, in North Carolina Business Court, against fellow YouTube personality Kyle Curtis over issues involving their joint participation in YouTube activities.

Kyle Curtis failed to respond to a summons that was issued, and Steve McRae was able to get a default judgment which is being contested by Kyle Curtis who is claiming the “service” of the summons was defective.

The case’s current docket history is shown below in 2 screenshots.

Issue: Will The “Service” Be Upheld?

My Analysis:

1. Steve McRae enjoys a rebuttable presumption of “service” based on an affidavit filed with the Court by his lawyer attesting to the facts that the summons was issued and delivered by certified mail as evidenced by a signed certified mail receipt.

2. The above referenced certified mail was addressed to Kyle Curtis at his parents address and was signed for by his mother.

4. Steve McRae relies on North Carolina Rule 4(j)(1)(c) in support of his claim that “service” should be upheld and the related default judgment should be preserved.  Screenshot of Rule 4(j)(1)(c) is shown below.

5. Kyle Curtis has presented evidence and testimony which, if believed, demonstrates that his mother was not acting, in signing for the mail, as his “agent” as a matter of law or appointment nor was his mother’s residence any longer his dwelling place or usual place of abode.

6. In order to prevail, Steve McRae will have to overcome Kyle’s evidence and testimony and demonstrate that Kyle’s mother’s residence was Kyle’s dwelling or usual place of abode or that Kyle’s mother was acting by appointment or law as Kyle’s “agent”.

Conclusion

Based on the present record of which I am familiar, I think Kyle should prevail and the default judgment vacated.

One on-line reference explains the operation of Rule 4(j)(1)(c) as follows:

https://www.serve-now.com/resources/process-serving-laws/north-carolina

(excerpt)

” Registered or Certified Mail:

Before judgment by default may be had on service by registered or certified mail, the serving party shall file an affidavit with the court showing proof of such service in accordance with the requirements of G.S. 1-75.10(4).

This affidavit together with the return receipt signed by the person who received the mail if not the addressee raises a presumption that the person who received the mail and signed the receipt was

an agent of the addressee authorized by appointment or by law to be served or to accept service of process

or

was a person of suitable age and discretion residing in the addressee’s dwelling house or usual place of abode. “

(End excerpt.)

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Related article on this site is at:

http://kehvrlb.com/steve-mcrae-v-robert-baty

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Glenn W., aka Roohif, is reported to be the one financing Steve McRae’s lawsuit against Kyle Curtis.  In a tweet today, after I had posted this article, Glenn, not taking any specific exception to my analysis above, offered the following summary of his own.

https://twitter.com/DubzRoohif/status/1297360614105337856

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Update August 24, 2020

Kyle Curtis files his latest briefing in support of vacating the default judgment:

Kyle Curtis Reply Brief 08242020

Nate Broady’s YouTube Analysis of Kyle’s Filing:

https://www.youtube.com/watch?v=uF4JKdsj3Yw

Bwahahahahahaha!

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Update August 25, 2020

Secrets, so many secrets!  So they say!

Latest exchange (4 screenshots) between Steve McRae’s financier (Glenn W/Roohif) and Robert Baty via Nate Broady’s YouTube video comments section at:

https://www.youtube.com/watch?v=uF4JKdsj3Yw

3 more screenshots from the above exchange:

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Update August 26, 2020

The screenshot below reflects an analysis of a case that is not a North Carolina case, but there is reason to believe the law is not substantively different and, more importantly, the reasoning reflected in the analysis is most likely the same as we might see in the McRae v. Curtis case once the Court rules on the matter.

http://www.jskpa.com/civil-procedure-substituted-service-of-process-at-usual-place-of-abode-presumption-of-validity/

https://casetext.com/case/roblesmartinez-v-diaz-reus-targ

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Update September 1, 2020

Hearing scheduled for September 11, 2020:

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Update September 3, 2020

Nate Broady (aka Nate the Lawyer) is advertising he will live broadcast the September 11, 2020 hearing!

https://www.youtube.com/watch?v=G42LgllKrQw

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Steve McRae Files Affidavit September 3, 2020

McRae Affidavit September 3, 2020

Peter J. Reilly has posted an analysis of Steve’s affidavit claims on his blog at the following link; from a guest blogger.

https://yourtaxmatterspartner.com/preparing-for-the-mcrae-curtis-service-showdown-on-september-11/

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Update September 4, 2020

Nate Broady evaluates the McRae affidavit:

https://www.youtube.com/watch?v=mFW6ygmFg18

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Update September 5, 2020

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Update September 7, 2020

Kyle Curtis Motion to Strike Steve McRae Affidavit

Curtis Motion to Strike 09062020

Kyle Curtis brief in support of Motion to Strike Affidavit

Curtis brief in support of motion 09062020

Link to Nate Broady September 7, 2020 broadcast

https://www.youtube.com/watch?v=gtR3PzTVtjQ

Peter J. Reilly introduces his Forbes.com audience to the McRae v. Curtis litigation.  OK, OK, maybe I did have something to do with that!

Link to Peter’s Forbes.com article

https://www.forbes.com/sites/peterjreilly/2020/09/07/nonsequitur-showobject-lesson-in-business-formation/#32672a995e27

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Update September 9, 2020

McRae submits 2 affidavits

Benjamin Potts Affidavit McRae v Curtis 09092020

Megan Joyce Affidavit McRae v Curtis 09092020

Postal Bar Code Information (referenced in Joyce affidavit above)

https://postalpro.usps.com/mailing/intelligent-mail-barcode

https://postalpro.usps.com/ppro-tools/encoder-decoder

McRae also filed this opposition to motion to strike:

McRae Response to Motion to Strike 09092020

Early reports from Kyle’s sympathizers indicate the evidence is indicative that Kyle forged documents to try and build his case and that “he’s done for”.

We will see, maybe, come Friday.

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Update September 10, 2020

Curtis files motion to strike Potts and Joyce affidavits!

Curtis Motion to Strike 09102020

Curtis Brief in Support of Motion 09102020

Rumor is that the hearing has been continued to Wednesday of next week.  We will see.  Meanwhile, Steve McRae is fighting back, via YouTube.

https://www.youtube.com/watch?v=S8M5Hd_qg48

Below is the continuance ORDER

Statement from Kyle Curtis

https://www.youtube.com/c/UNIRockLIVE/community

(Begin Text)

Hello everyone. I’m going to make this statement in regards to the past few days events. On advice of my counsel I won’t be commenting further until after Monday when the facts will be filed with the court along with the evidence for the things I am saying here.

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Ben’s allegations – the unnotarized testimony given by Ben is completely false.

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Following this statement I am including two screenshots of our conversation about this from two days ago where I ask why he’s accusing me of forging things and giving him the exact place we were when he signed.

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The screenshot he included doesn’t provide the rest of the conversation, which is misleading.

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Ben, being aware of the case and what Steve and his supporters were saying, was being facetious. Mimicking something they would say.

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In my filing, the entire conversation will be included to show clearly that it doesn’t reflect what he was saying. I have the payments sent to him for rent, the internet bills, and our conversations discussing decorating, setting up an office etc. that will match the dates I claimed to live there.

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Ben is angry with me because of a date I went on, which was saturday, and then Sunday morning he was making his accusations.

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This is not a coincidence.

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I wouldn’t put it past Roohif offering to … for his unnotarized testimony. Roohif has also sent emails to my employer trying, unsuccessfully, to get me fired from my job as well.

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These pathetic, sad attempts to intimidate me will only end up costing him in the end. I will be making the courts aware on Monday of these tactics, along with his statements about dragging out filings until I can’t afford it to show just how deplorable this “human” being is On the Discover bar code thing.

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I will be contacting Discover to release the date that my address changed and to whatever else the court needs to verify those statements.

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I am paperless so everything comes online except for the agreement when I opened the account which came to my original address and the only thing I can guess is that the code was generated when I opened the account initially bc the agreement had to be sent physically and that my address was simply updated when I changed that information, with no need to update a bar code that wouldn’t be send out.

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I understand that this is just conjecture, but I will be having Discover verify that which is why a continuation of the case was necessary.

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I apologize for not being around, but with Ben and the contacts to my work myself and my attorney thought it was best to remain in the background until these facts are submitted.

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Uni has my consent to discuss these things as he sees fit and I look forward to being able to once again talk regularly with you all.

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Love and miss you guys!

(End Text)

Update September 14, 2020

Kyle Curtis notice and affidavit!

Curtis Notice 09142020

Curtis Affidavit 09142020

Update September 16, 2020

It appears the Court is going to have Curtis and Potts deposed before deciding the “service” issue and expressed considerable concern about the possibility of “fraud upon the Court” due to the competing claims.

Link to live Court broadcast:

https://www.youtube.com/watch?v=XIcz0lpRuko&feature=youtu.be&fbclid=IwAR3dI-K7l9MKPiD4OJFUdvILaqbGvNLw-ld_47SjsOryRN5a95rFhxN56zI

Analysis by “Nate the Lawyer” & others:

https://www.youtube.com/watch?v=G42LgllKrQw

Nate took the above video to “private” status to avoid the prospect of violating the prohibition against recording the proceedings.  Another analysis, an “aftershow”, can be found at:

https://www.youtube.com/watch?v=h5DShpB6Teg

Steve McRae, in his own broadcast after the hearing today, was promoting the notion that today’s event was a win for him and was prophesying a win once the judge makes the call after reviewing depositions which are to be scheduled.  However, even in Steve’s own broadcast, he had a dissenting voice.  I agree with this dissenting opinion as to the result that might be reasonably be expected.  We will see.

Time Marked Link to Comments

https://youtu.be/WMRo3YdM3GA?t=7294

Update September 18, 2020

https://twitter.com/UNIRockTV/status/1306978336342781953

Update September 19, 2020

“Nate the Lawyer” had more to say this morning at:

https://www.youtube.com/watch?v=exhc9xjrWpI

The above originated from:

https://youtu.be/V46kFSiChBc?t=3115

I don’t find it conclusive in support of the claim that Steve knew Kyle’s mother’s address was no longer Kyle’s address at the time Kyle’s mother signed for the summons at her address.

Update September 21, 2020

Steve and Cheshire are live on YouTube ranting on about the case.  Maybe they can win it.  Maybe not.  Regardless, I found these comments worthy of note for now.

https://www.youtube.com/watch?v=VIPMidhs98Q

I don’t believe Steve honestly reports the incident below:

The following comments show Steve’s hypocrisy when compared to the tantrum he threw in my FaceBook group:

Link to related article on this site about Steve’s tantrum in my FaceBook group:

http://kehvrlb.com/steve-mcrae-v-robert-baty

Here is the August 24, 2020 affidavit of Kyle Curtis which I believe Steve McRae, Cheshire, and others are misrepresenting!

Kyle Curtis affidavit of 08242020

Kyle Curtis affidavit of July 28, 2020!

(includes February 5, 2020 affidavit)

Curtis 07282020 Affidavit

Kyle Curtis affidavit of September 14, 2020!

Curtis 09142020 Affidavit

Then there is this; Steve McRae and his people refuse to call Susan Curtis a liar or declare her affidavit a forgery.  It’s quite cowardly of them in my opinion.

Time marked link to comments illustrated below:

https://youtu.be/VIPMidhs98Q?t=3695

September 22, 2020: Steve McRae’s money man Glenn Williamson doesn’t think Susan’s affidavit is a forgery.

https://twitter.com/DubzRoohif/status/1307900869355032577

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Update September 22, 2020

From the other day, showing Glenn W. (the millionaire paying Steve McRae’s expenses) and I do agree on one thing, though he may change his mind later.

https://twitter.com/DubzRoohif/status/1307896562299805698

https://twitter.com/DubzRoohif/status/1308214979946930176

I don’t think Kyle said what Glenn W. claims he said!

https://twitter.com/DubzRoohif/status/1307878852140515330

Steve McRae’s money man Glenn Williamson misrepresents the legal presumption of service!

https://twitter.com/DubzRoohif/status/1307913517589291008

The actual presumption on that point is noted below:

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1A/GS_1A-1,_Rule_4.pdf

UniRock is now reporting that Benjamin Potts has a deposition scheduled for next week.  It is not known whether he will show up, “take the 5th”, or answer truthfully the questions put to him.

Link to UniRock’s Broadcast

https://twitter.com/UNIRockTV/status/1308535450060103680

Update September 23, 2020

Steve McRae, his money man Glenn Williamson, Cheshire, and others get together for a dramatic reading of the official transcript of the recent hearing, with commentary along the way.

Link to Video

https://www.youtube.com/watch?v=aPqby6L4ZMQ

McRae v. Curtis – The Transcript – An Analysis

 

Briefly, I find the judge indicating he has enough to find “service” defective, but will withhold a final decision until after the depositions are considered. If the judge determines that “service” was effective, watch out Kyle.

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