The Civic Node

Doe v Bonnell ECF222 — Bonnell Omnibus Motion in Limine

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Summary

Bonnell’s March 30, 2026 omnibus motion in limine seeking to exclude three categories of evidence and argument at trial: (1) any suggestion Bonnell transmitted the video to a minor (the Footnote 2 allegation from ECF 139, which AH’s deposition testimony refuted); (2) Abbymc’s declaration, exhibit, and any future testimony from her, given Plaintiff’s counsel’s obstruction of Bonnell’s access to her during discovery; and (3) Plaintiff’s continued use of a pseudonym at trial, which Bonnell argues unfairly prejudices him by implying victim status. The motion was filed over Bonnell’s own disclaimer that he believes the court lacks jurisdiction and no trial should occur.

Key Points

  • Category 1 (minor allegation): The false allegation was never in the complaint; it’s contradicted by AH’s deposition confirming Solo — an adult male — was the Discord account holder. Admitting it would cause unfair prejudice (Rule 403) with no probative value. It is also the subject of ECF 183 (Rule 11 sanctions motion).
  • Category 2 (Abbymc evidence): Over six months, Plaintiff’s counsel: refused to accept subpoena service; provided a fake address; delayed providing a valid address until November 17, 2025. Abbymc was finally served November 21, 2025 but ignored the subpoena. Bonnell could not move to compel before the December 16 discovery deadline. Citing Inmuno Vital, Crawford v. NCB, Treminio, Henriquez — all excluding witness evidence where opposing party obstructed access.
  • The Abbymc text message exhibit (ECF 86-1) is hearsay with no applicable exception; it’s an out-of-court statement offered for the truth of the matter (that Bonnell transmitted the video). It’s also unauthenticated: Abbymc didn’t attach it to her own declaration; Plaintiff filed it separately one month later.
  • Abbymc’s declaration cites that Bonnell “deleted all of his direct messages” to her — but Bonnell argues this is irrelevant: the absence of evidence from him doesn’t prove transmission; Abbymc’s failure to produce her own logs is more telling.
  • Category 3 (pseudonym): Plaintiff is a “public-facing online personality” who goes by “Pxie,” has appeared in widely viewed YouTube debates, ran a public GiveSendGo fundraiser originally under her legal name, and repeatedly posted about the lawsuit on social media. Proceeding pseudonymously at trial confers an unearned “victim” imprimatur. Courts require a renewed particularized showing for trial-stage anonymity.
  • The motion is filed explicitly contingent on a trial occurring at all — Bonnell maintains the court lacks subject matter jurisdiction.

Newsletter Angles

  • The pseudonym fight is the most publicly resonant element: courts are split on whether CARDII plaintiffs can proceed pseudonymously at trial; the CARDII statute itself provides for pseudonymity (15 U.S.C. § 6851(b)(3)(B)), but Bonnell argues Plaintiff waived it through public advocacy.
  • The Abbymc exclusion argument, if successful, would eliminate Plaintiff’s only post-CARDII-effective-date transmission evidence. The case would effectively be over before the jury ever deliberates.
  • The “process is the punishment” narrative reaches its fullest expression here: even at the MIL stage, Bonnell is attempting to exclude Plaintiff’s star witness as a sanction for discovery obstruction.

Entities Mentioned

Concepts Mentioned

  • Catfishing as Legal Gap — the catfishing evidence is now being weaponized in a limine context to exclude the false “minor” allegation
  • Reachability Routing — not directly addressed; the CDN theory is mostly dormant at this stage

Quotes

“Plaintiff is not a private individual seeking to litigate sensitive matters outside of public view; she is a public-facing online personality who has appeared under the moniker ‘Pxie’ in widely viewed YouTube debates and other public forums garnering millions of views.” — ECF 222 at 8

“Abbymc admitted during a livestream she posted on or about September 8, 2025 that Plaintiff’s counsel advised her to continue evading service of process while continuing to ‘submit[] evidence.‘” — ECF 222 at 4

Notes

  • The motion anticipates Plaintiff’s counterargument by noting it is filed “without prejudice” to Bonnell’s pending motions challenging the court’s subject matter jurisdiction.
  • Plaintiff’s opposition (ECF 231) argues Bonnell failed to confer on the hearsay/authentication arguments regarding the Abbymc exhibit before filing; Rose testified Solo shared Bonnell’s videos with her (the real Rose), making the “minor” question factually contested, not definitively false.
  • The trial date at this point is scheduled for May 18, 2026, with Calendar Call before that.
  • ECF 224 (Plaintiff’s own MIL, filed same day) sought to exclude Bonnell’s “catfishing defense” — mirroring these MIL filings into opposing salvos.

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