Mesaroses Move to Dismiss Frivolous Lawsuit by Biden Campaign Operatives and Surrogate Wendy Davis
Democrats' lawsuit alleges "intimidation" from October 2020 Texas Trump Train
In July, Joeylynn and Robert Mesaros, a couple from New Braunfels, were served with a lawsuit. Former Texas Senator Wendy Davis and three Democratic operatives and contractors involved in the Biden Presidential campaign had sued the Mesaroses, along with several other Trump supporters, alleging civil conspiracy and civil rights violations. The lawsuit targets the Mesaroses and the other defendants for their participation in a Trump Train event in October 2020, expressing their support for President Trump’s re-election as the Biden bus traveled through central Texas. The Mesaroses have now asked the court to dismiss all claims, and Plaintiffs have to respond by September 13.
Wendy Davis and the other plaintiffs are represented by no fewer than ten attorneys, primarily from New York City and Washington, D.C. Najvar Law Firm PLLC, of Houston, Texas, was retained by the Mesaroses.
“When the Mesaroses first called me, I immediately remembered the Trump Train from the day at issue here,” said NLF principal attorney Jerad Najvar. “I had seen events unfold on Twitter in real time, as Democrats shared a short video clip of an interaction between a white car and a black truck with a Trump flag, behind the Biden campaign bus. Democrats made the sensational claim that the Trump Train folks had tried to run the bus off the road and were driving aggressively.” “However,” Najvar continued, “for anyone with eyes to see, the longer video circulating on Twitter showed the real story. The Biden staffer in the white car had actually instigated the incident, trying to cut off the Trump truck. Democrats had edited the video to make the incident look like the Trump truck was the aggressor, where, in fact, the opposite was true.”
The black Trump truck in that incident was not driven by the Mesaroses. But the Democrats have made that interaction the centerpiece of a lawsuit claiming intimidation by the Trump Train drivers, and have sued a handful of drivers that they identified.
“The lawsuit proceeds just like the whole viral story began: based on a blatant lie,” Najvar said. “The Democrats have lied about what happened on that day and since then, and these lies have been repeated by lazy corporate media who fail to undertake the most basic inquiry into the facts. Now, Democrats and their partisan law firms have filed a federal lawsuit in Austin, seeking to weaponize the court system against conservatives, threatening the Mesaroses and others with massive financial damages claims.”
Earlier this month, NLF filed a motion to dismiss all claims against the Mesaroses. The Defendants have until September 13 to respond, and then the Court will either rule or will set the matter for a hearing. “The claims are baseless, legally and factually, and I expect them to be dismissed in full, not just against the Mesaroses but against all defendants,” Najvar said. “But we will not merely be seeking dismissal. The lawsuit is replete with lies and half-truths, and nobody should be allowed to get away with that. I plan to hold these Democrat plaintiffs and their attorneys accountable for this abuse of the court system and abuse of my clients’ time. So we will be filing additional documents soon, and demanding answers for these misleading claims.”
The case is Cervini v. Cisneros, No. 1:21-cv-00565, pending in the U.S. District Court for the Western District of Texas, before Judge Pitman in Austin.
Najvar Law Firm, PLLC, based in Houston, focuses on litigation and appeals in election and constitutional matters. NLF has successfully litigated several constitutional cases, including serving as co-counsel to Plaintiff Shaun McCutcheon in McCutcheon v. FEC (2014), in which the U.S. Supreme Court struck down the federal aggregate limits on campaign contributions under the First Amendment.
On Monday, August 9, 2021, Robert and Joeylynn's legal team filed a motion to dismiss the frivolous lawsuit and 'award the Mesaros's such fees, costs, or other relief as to which the court finds they are entitled'. Robert and Joeylynn remain optimistic, and refuse to be intimidated.
Robert and Joeylynn have both been served via hand delivery on Saturday, July 17, 2021. They have 21 days to respond.