NOTE: This piece first appeared on FLGulfNews.com.
By M. Thomas Nast and Rick LaRivière with Richard Luthmann
Influencer No-Show in Federal Court
TikTok Mega Influencer Danesh Noshirvan has no problem showing up in Fort Myers federal court when it suits him. However, Danesh the Defendant failed to appear for a scheduled federal court hearing on July 17, 2025, before U.S. Magistrate Judge Nicholas Mizell.
Noshirvan gave no notice to the court, did not call in, and sent no attorney in his place.
Judge Mizell took immediate note of the absence, stating in the record: “Defendant not present. A Show Cause Order will be issued for Mr. Noshirvan.”
Plaintiff Richard Luthmann, representing himself, called out the stunt.
“An email would have been nice,” he said. “He didn’t even pretend to notify me. Conferring with him is an exercise in futility.”
Judge Mizell issued an unequivocal order for Danesh to explain himself:
Defendant Danesh Noshirvan failed to appear for an in-person Rule 16 conference scheduled on July 17, 2017. Yet, he never requested a continuance, nor did he contact the court. In addition, Noshirvan failed to engage in a planning conference and file a case management report in violation of our local rules and orders. See M.D. Fla. R. 3.02; Civil Action Order, Doc. [3] at 3. The Civil Action Order also directs the parties to meet and confer about selecting a mediator when filing a CMR, but Noshirvan ignored that directive as well. As such, by August 1, 2025, Noshirvan must show cause why he should not be sanctioned or held in default for failing to appear or otherwise defend. Noshirvan’s show cause response must be under oath and corroborated by something other than his personal statement. Signed by Magistrate Judge Nicholas P. Mizell on 7/18/2025.
Where was Danesh? Even the gaggle of summer courthouse interns present in the gallery wondered.
While the hearing was underway in Florida, Noshirvan was over 2,000 miles away—on camera and smiling as he co-hosted Snow Tha Product’s Everynightnights podcast in Los Angeles.
Video clips and social media posts confirm Noshirvan’s live appearance on the show.
Danesh was in California when he was supposed to be in Fort Myers federal court, valuing an appearance with another Mega Influencer over an appearance before the federal judiciary.
Judge Mizell responded swiftly by issuing a formal Order to Show Cause, demanding that Noshirvan explain his unexcused absence.
Danesh knows full well where the federal court steps in Fort Myers are.
The court also instructed Luthmann to file a Second Amended Complaint by August 7, signaling that the case would move forward, with or without the Mega Influencer’s participation.
Notably, Judge Mizell granted Luthmann’s unopposed oral motion for relief under Federal Rule of Evidence 502(d). The Order shields all parties from waiving attorney-client privilege or work-product protections through the inadvertent production of documents or metadata during discovery.
The Court also explicitly authorized the use of review platforms and filtering tools to identify and redact privileged or protected material before production.
“Danesh is a classic dilatory litigator. He recently spent over six months in another case before Judge Dudek, resolving the fact that Danesh’s first batch of discovery consisted of camera phone shots of documents and files in .jpg and .png formats. I kid you not,” Luthmann said. “In 2025, any lawyer who thinks metadata isn’t crucial in a defamation case is either brain-dead or talentless. Danesh’s lawyer there was Nick Chiappetta of Lake Worth, Florida.”
This protection remains in effect throughout this and any other litigation in state or federal court, even if materials are disclosed without formal clawback procedures, emphasizing the Court’s commitment to efficient and fair discovery.
Danesh Blows Off Court: On-the-Record Discussions About Boca Raton Service and Jeremy Hales
The on-the-record discussion lasted for over an hour. Judge Mizell was curious about many issues.
Luthmann detailed how his process server located Danesh in Boca Raton, Florida, because of the Mega Influencer’s social media posts.
Luthmann also discussed other pending litigation in Gainesville Federal Court. Luthmann is being sued by YouTube Mega-Influencer Jeremy Hales, whose legal team has linked up with Danesh’s legal team.
Under Federal Rule of Civil Procedure 4(m), a plaintiff must serve each defendant with a complaint and summons within 90 days after filing the complaint. If the plaintiff fails to do so, the court must dismiss the action without prejudice unless the plaintiff shows good cause for the delay.
Jeremy Hales filed his federal lawsuit on April 28, 2025, making the Rule 4(m) service deadline July 27, 2025. As of July 18, he had still not served Luthmann.
Barring actual service by August 1 (accounting for the delay in the issuance of the legal summons), Hales should be denied any further extensions.
Courts in the Eleventh Circuit generally require a showing of “reasonable and diligent efforts” to effectuate service. See Lepone-Dempsey v. Carroll County Comm’rs, 476 F.3d 1277, 1281–82 (11th Cir. 2007).
Here, Danesh’s Mega Influencer counterpart, Hales, has not only failed to make diligent efforts but also previously falsely claimed that the service had already been completed, with the help of co-defendant Danesh Noshirvan.
Luthmann dubs this fictitious act part of his so-called “Team Cancel Culture Conspiracy.”
In truth, Luthmann has been anything but evasive.
“I’m here at the federal courthouse. It’s going to be hard for Randy Shochet and Jeremy Hales to say they couldn’t get me. I’m right here, and everyone except the brain-dead has known I would be here for weeks,” Luthmann said outside Judge Mizell’s courtroom.
Luthmann says he wants to get served in the Hales case so he can counterclaim.
“These Mega Influencers file lawsuits for content creation purposes. I can’t wait to get served so I can raise the cost of his litigation,” Luthmann said. I will answer, defend, and counterclaim. I will also file an immediate motion for a crippling litigation bond to cover Jeremy Hales’ claimed damages, which I believe are no less than $5 million based on the allegations contained within the four corners of his complaint.”
Under the Florida Unfair and Deceptive Trade Practices Act (FDUTPA), Fla. Stat. § 501.211(3) allows courts to require a litigation bond to cover potential damages to the defendant if the case is later found to be wrongful or frivolous.
“Jeremy’s case is as frivolous as frivolous can get. I told Judge Mizell that it was barred in the Eleventh Circuit because of Bongino v. The Daily Beast Co., 19-14472-CIV-MARTINEZ/MAYNARD (S.D. Fla.). Jeremy’s just mad because I’ve deadpanned him as an ‘Alligator F*cker’ and he has no media response,” Luthmann said. “He’ll also have no legal recourse. The man is in a veritable conundrum, I do declare.”
For a case with claimed damages around $5 million, the required bond could range from $250,000 to over $1 million, depending on the risk, complexity, and judicial discretion.
Jeremy Hales, as plaintiff, would likely face a significant financial barrier if seeking such relief without demonstrating a strong likelihood of success on the merits.
Danesh Blows Off Court: Fake Warrant Hoax Targets Luthmann
On the eve of his July 17 court appearance, Richard Luthmann says he was the target of a disturbing hoax designed to derail his case.
According to Luthmann, a caller posing as an NYPD detective phoned the Manhattan office of his New York attorney, Arthur Aidala.
Arthur Aidala is a high-profile New York City criminal defense attorney known for representing prominent clients, including those with celebrity status and those with controversial backgrounds, such as Harvey Weinstein, Lawrence Taylor, Rudolph Giuliani, and Richard Luthmann.
Aidala is a former prosecutor and is a media legal analyst. He leads the boutique law firm Aidala, Bertuna & Kamins.
Here, the caller falsely claimed there was an active arrest warrant for Luthmann—a claim Luthmann called “completely fabricated and malicious.”
Aidala’s office confirmed that no such warrant apparently exists, and that impersonation was “likely.”
Luthmann said authorities will consider whether to open a criminal investigation into the impersonation.
“I’ve been dealing with this crap for years,” Luthmann said. “Artie Aidala was there when the NYC FBI Field Office said I was running La Cosa Nostra and the Tong – the Italian and Chinese Mafias in New York – from a Staten Island law office in a strip mall above a vape shop. Give me a f—ing break. And that bulls–t was a scintilla of what President Trump had to deal with from crooked New York prosecutors.”
“I believe this was a calculated intimidation attempt meant to rattle me into missing the federal hearing in Florida the next day,” Luthmann said.
Though the bogus warrant claim had no legal effect, it shook Luthmann.
“It was a cruel scare tactic against someone who’s had lawfare used against him in the past, when he’d done nothing wrong,” he said. “It totally triggered my serious and clinically diagnosed PTSD, and caused me to immediately contact my mental health professionals to avoid total breakdown.”
Luthmann didn’t mince words about who he suspects, in his opinion.
“I wouldn’t be surprised if Danesh’s lawyer, Nick Chiappetta of Lake Worth, Florida, had a hand in it,” he said. “He’s already admitted to impersonating Attorney Patrick Trianor in prior communications—and that’s documented. It’s not a far stretch to think his aiding and abetting extends to other dishonesty and falsifications.”
Impersonating law enforcement is a serious offense. Federal and state agencies, including the FBI, routinely investigate such incidents under laws prohibiting the fraudulent use of police authority.
As of now, no charges have been filed in connection with the law enforcement impersonation hoax.
Danesh Blows Off Court: Judge’s Ruling and Luthmann’s Pleadings
At the July 17 status conference, Judge Mizell handled the case management issues with the courtesy and professionalism that is the hallmark of the Fort Myers federal court. He reviewed the pleadings and deadlines with Luthmann. Judge Mizell pointed out that Luthmann’s complaint needed clarification of its claims.
The judge granted Luthmann’s request for more time on certain tasks, including extending the deadline to select a mediator by four weeks. The judge directed Luthmann to file a Second Amended Complaint by August 7.
Luthmann reports that Judge Mizell said he would be flexible but emphasized the need to meet standard federal pleading rules.
The topic of mediation came up, but Luthmann told the judge that Noshirvan has remained entirely unresponsive to calls or emails from him. Luthmann suggested that the only way to settle the matter might be for Noshirvan to make a public apology “from the mountaintops” to his three million followers across all platforms.
Perhaps most striking, Luthmann revealed that the sustained online defamation, harassment, and AI and cancel culture mob-driven attacks by Noshirvan had taken a personal toll: he suffered a neurological seizure in April 2025 attributed to the stress of Danesh and his cancel culture mob’s sustained attacks.
Luthmann claims Noshrivan’s actions have left him with lasting effects.
“I feel like I don’t have my fastball since this cancel culture assault began. The neurological harm is real. I’m not sure if I’ll ever get back to where I was,” Luthmann said.
Luthmann believes Noshirvan will be on the hook for all the harms he caused and exacerbated. Under Eleventh Circuit precedent, the “eggshell skull rule” holds that a defendant is fully liable for all consequences of their wrongful conduct, even if the plaintiff has a preexisting vulnerability that makes the harm more severe.
As the court stated in Sabatini v. Correctional Corporation of America, 2012 WL 204192, at *2 (11th Cir. Jan. 25, 2012), the rule “requires a tortfeasor to take the victim as he finds him.” See also Davis v. Carter, 555 F.3d 979, 983 (11th Cir. 2009).
This principle applies even when injuries are unforeseeably amplified due to the plaintiff’s medical or psychological condition. The defendant cannot escape liability simply because the victim was more susceptible to injury.
Luthmann says Danesh is a hypocrite. He is an “ableist” who uses disability to further harm and marginalize his targets.
Ableism is discrimination or prejudice against people with disabilities, rooted in the belief that able-bodied individuals are superior. Like racism, sexism, and discrimination based on national origin, ableism enforces systemic inequality by marginalizing a group based on an inherent characteristic—disability, rather than race or sex.
“Danesh and the world know that I have disabilities. Judge Weinstein discussed it thoroughly, and there are few better sources. He wrote the book on evidence in federal court,” Luthmann said. “The motto of the federal courts is ‘In God We Trust.’ But Danesh’s digital vigilantism abandons God and the federal courts to harm his perceived enemies. It is Saul Allinsky on steroids – thoroughly terroristic and thoroughly Marxist.”
Court Cites Judge Judy Case, Greenlights Expanded Damages to Meet Federal Threshold
During the July 17, 2025, status conference, U.S. Magistrate Judge Nicholas Mizell confirmed that Plaintiff Richard Luthmann may amend his pleadings to expand upon the monetary and non-monetary harms alleged.
The Court specifically cited the Judge Judy defamation case, Sheindlin v. Accelerate360, Case No. 2:24-cv-00553-JLB-NPM (M.D. Fla.), as precedent for allowing plaintiffs to supplement the record to satisfy the $75,000 amount-in-controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332.
In Judge Judy, the court held that a plaintiff’s detailed allegations of reputational harm, emotional distress, and economic damages—combined with public prominence and plausible inferences—were sufficient to support federal jurisdiction.
Drawing from that standard, Judge Mizell advised Luthmann to include “specific facts regarding emotional distress, reputational damage, economic losses, and other harms caused by the alleged defamation, harassment, and abuse of process.”
Luthmann was happy about the story tip.
“Judge Judy’s case against the National Enquirer over false claims linking her to the Menendez brothers is fascinating. It is the right mix of legal, celebrity, and local for FLGulfNews.com coverage.”
The Court expressly permitted Luthmann’s forthcoming amendment to detail compensatory and consequential damages. He welcomed the opportunity.
“We will lay out categories of damages connected to every act of defamation, non-speech harassment, and retaliation that has occurred. This case is not about TikTok or YouTube clicks—it’s about systemic disinformation and harassment, serious personal and neurological injury, lost reputational standing and earning capacity, and target annihilation.”
Luthmann says he had recent SPECT scans done at the Amen Clinics. He intends to call Dr. S. Gregory Hipskind, MD, PhD, as his expert witness to have the medical findings of serious neurological injury admitted into evidence.
“Dr. Hipskind is 172-0 in Daubert challenges, getting the harmful effects visible in SPECT scans into evidence. I have Michael Jordan on my team. Delusional Danesh has Lyin’ Nick Chiappetta and James ‘Stolen Valor’ McGibney in the shadows. I like my chances much better,” Luthmann said.
The personal injuries and neurological harms significantly strengthen Luthmann’s case by allowing for a broader factual record. Most believe these facts will anchor the case squarely within federal jurisdiction, thereby pushing it toward discovery and trial.
“It’s now easily a six-figure case,” said one Fort Myers trial lawyer.
Danesh Blows Off Court: Doxxing, Death, and a Dirty Legal Trail
Court records and public filings portray Danesh Noshirvan as more than just a controversial Mega Influencer—they depict him as a digital aggressor whose tactics may have crossed both moral and legal boundaries.
According to Luthmann’s filings, Noshirvan has a documented history of targeted doxxing and online harassment against ideological opponents.
Most alarming: after the leak of the Supreme Court’s draft decision in Dobbs v. Jackson Women’s Health Organization, Noshirvan publicly posted the home addresses of six U.S. Supreme Court Justices on social media—fueling outrage and triggering national security concerns.
The stakes escalated further in Texas, where Denton County investigators are probing whether Noshirvan’s online smear campaign contributed to the suicide of high school football coach Aaron De La Torre. Sources close to the investigation say District Attorney Paul Johnson has reviewed materials implicating Noshirvan in the cyberbullying that preceded De La Torre’s death. However, no grand jury has been empaneled—yet.
But Noshirvan isn’t the only one under scrutiny. Luthmann further claims that his attorney, Nick Chiappetta of Lake Worth, Florida, ghostwrote Noshirvan’s 25-page “pro se” motion to dismiss in his case. That is a possible violation of judicial ethics and Florida Bar rules.
“This is the kind of lawfare that hides behind fake names, ghostwritten pleadings, and dirty tricks,” Luthmann said. “I don’t want to silence anyone—I just want the defamation to stop, and for those responsible to own it.”
Luthmann says he would be happy with an apology and a “less-than-six-figure” sum at this point to settle the case.
“The MDFL is a busy court. The Fort Myers Division is assisting hurricane victims and those waiting a long time for relief. I’d love to have this case removed from the Court’s docket, and I’ve made offers of compromise. Danesh has been unresponsive,” Luthmann said.
Luthmann says he wants Danesh to “scream from the mountaintops” that he was wrong about Luthmann with the same vigor he vilely called him a “pedophile,” a “child predator,” a “child stalker,” and a litany of other things.
“This is already a six-figure personal injury case. The defamation claims are YUGE because the statements are per se harmful and malice can be shown,” Luthmann says. “Plus, Hipskind and the SPECT scans show real neurological damage. Danesh has been calling me ‘crazy’ for a while. If that’s not notice, I don’t know what is. His own hypocritical words and actions bury him.”
Luthman says he’s giving Danesh one last clear chance to do the right thing by way of a formal offer made under Florida Statutes § 768.79. That provision allows a party in a civil case to serve a written settlement offer. If Danesh rejects it and the final judgment is at least 25% more than the offer, the offering party is entitled to recover reasonable attorneys’ fees and costs incurred from the date of the offer.
The statute is a fee-shifting mechanism intended to encourage settlement and penalize unreasonable refusals.
“Since we’re now 90 days in, if Danesh doesn’t take the Proposal for Settlement, then I would get attorney’s fees from this point forward. And that means I have the option of hiring a hot-shot attorney to come in and rake the coals with Delusional Danesh, who’s already the rear admiral on a sinking ship of fools.”
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