[This post was substantially updated on October 26th, with new documents added and more informaton on the new claims)

Joseph Rakofsky has not, quite apparently, put away his shovel. He is still digging. (Synopsis of case and my opinions before becoming local counsel, here.)

He has now filed a motion to amend the complaint a second time, with a 300-page whopper including 1,248 paragraphs. He has 78 causes of action and demands, and, if my calculations are correct, he demands $145,000,000 in damages.

In addition to the extraordinary damage claims, Rakfosky seeks to add Yahoo! and TechDirt into the lawsuit, among 15 new parties.

And he seeks to create a new cause of action for Cyber-bullying, or Internet Mobbing, due to the things people wrote about him after his ill-fated trial before Judge William Jackson down in Washington DC.

He has also asked for sanctions against his former lawyer, Richard Borzouye, who had asked to be relieved as counsel, with the consent of Rakofsky.

And he still has the St. Thomas School of Law listed in the Complaint, even though it capitulated with a settlement.

And he still sues on behalf of his professional corporation, even though he may not do so without counsel.

He also wants to start engaging in discovery, seeking subpoenas to get information from Google and other places about anonymous defendants.

He also has engaged a self-professed expert in forensic computer work in an attempt to gain access to the computers of some of his critics, Osvaldo Alayon, though Alayon doesn’t bother in the affidavit to lay out the basis of her expertise. A Google search of — “Osvaldo Alayon” forensic computer — turns up zero hits. The claim is that one of the defendant websites has evidence of child pornography on its site. In viewing the Affidavit and Exhibits for that claim, I feel compelled to give this legal warning: The comments and pictures are infused with sophomoric humor and badly photo-shopped photographs, internet memes, and inside jokes that will be seen as witless to some and irreverant to others. There is no actual child porn, so if you are into that kind of thing, well, do me a favor and go away and never come back. The affidavit is here and the exhibits are here.

And he is asking for a default judgment for those that have not appeared.

Yeah, that’s a lot of stuff. Here is a very quick guide to some of the new claims, though this isn’t by any means comprehensive, and is put together based on a quick skim of the materials:

You can find the Notice of Motion and supporting Affidavit at this link.

Part 1 of the proposed Second Amended Complaint is here and Part 2 is here. The scanned images are large files as Rakofsky refused to serve anyone with digital files.

A few notes on the Complaint, as it is so large, in order to help you find things:

Pages 1-29 – identify parties

Pages 29-55 Rehash of trial and claims against Washington Post

Paragraph 140 he writes that Judge Jackson made “denigrating” remarks about him on the record, writing that the judge “for reasons that can only be speculated, gratuitously published on the record that he was ‘astonished’ at Rakofsky’s willingness to represent a person charged with murder and at his (Rakofsky’s) ‘not having a good grasp of legal procedures’.”

Paragraph 144 he gives his explanation for the “trick” email that he sent.

On page 140, the action against St. Thomas School of Law and Deborah Hackerson is continued even though he settled with them.

New action against The Atlantic Monthly and Yahoo! are on page 161

New action against TechDirt and its writer Mike Masnick is on page 164

New action against Canadian Lawyer Magazine and Reuters Canada on page 167

Total demands for defamation he makes are $46M ($1M for each of 38 causes of action except for Greenfield and me for $5M each)

Page 170 is the end of the defamation claims, and the ones for Intentional Infliction of Emotional Distress starts here — demand for damages is $10M

Page 178 is the claim for interference of contract. $10M demanded

Page 181 is a claim for violation of Civil Rights Law for use of his image in the news stories, claiming it was used for advertising purposes – total demand is $10M

Page 184 is a claim for “Intentional Interference with Prospective Economic Advantage” and a demand for $10M

Page 186 is a claim against Washington Post for “Injurious Falsehood” and a demand for $1M. This is the 43rd Cause of Action, and similar claims continue until page 294 at the 77th Cause of Action, at $1M demanded for each, for a total of $34M

On page 294 is a claim for “Violation of Prima Facie Tort” which he defines as “mobbing” or “cyber-bullying” and a demand for $25M

Update #2 – 11/18/11 – Motion is withdrawn, as per the Court, as it was filed while a stay was in place