#⋄ — face claim. 「 desiree. 」

[dollsahoy]

If we're going to talk about Mattel sculptors, I have to bring up Hussein Abbo

Brandy! Goddess! Mbili! (Desiree's face is really cute, it just ended up too big for her head in the playline dolls 😑)

I have also seen an old press release that said he sculpted Shani, Nichelle, and Asha.

Now, I, personally, happen to think that Nichelle has a lot of design elements in common with Mackie, which I also think has a lot of design elements in common with 1987 Skipper.

I have also seen the claim that he sculpted Generation Girl Blaine.

If he did sculpt all of those, then he may be my favorite Barbie sculptor

[avidfics]

Moving On

summary: Soccer player abby finds out you're going on a date and is unhappy about it.

warnings: possessive abby; slightly mean; fluff; some suggestive content; kissing; thighs

a/n: happy new year! this is me manifesting a buff woman for 2024

abby let out a grunt as she pushed past a defensive player. There were only a few minutes left of soccer practice but she still had the energy to continue for another hour. Her team was in a good groove, the sun was out, and her girl was stopping by to chat after practice. She took a split second to squint against the sun to scan the crowd of spectators, and a wide smile broke across her face when she saw you, her girl, watching the practice by your parked car. 

She might’ve begun going all out now that she knew you were watching. In the last minute, she helped her team gain another point. “Damn, Abby.” One of her teammates gave a sly look. “Trying to show off for your girlfriend or something?” The rest of her teammates laughed along. They knew you and abby weren’t technically an item, but everyone knew abby had claimed you and she didn’t see a need to correct them. “Nah, no showing off is necessary. My girl already knows I’m the best player on the field.” Her team playfully booed her off the field, as she grabbed her gear and jogged over to where you sat overlooking the field on the back of your pickup truck. 

abby didn’t know if she was an ass or tits person, but when it came to you, she loved whatever piece of skin you showed for that day. And today? You wore skimpy gym shorts that had magically crawled up higher on your legs because of your seated position. The damn shorts were so tiny it exposed the flesh at the top of your thighs. She licked her lips as she desperately tried not to imagine taking the fat of your thighs in her rough hands and squeezing them, kissing them to discover any sensitive spots. 

Luckily you hopped off the truck bed to greet her and she didn’t have to be distracted by the thought of plush thighs. “Great practice, abs!” You threw both arms around her bulky form in a hug and abby took full advantage, circling your waist and spinning you around. Her core tightened when your giggle sang out. 

“Get a room!” The playful jeer is called out by her approaching teammates. “Y/N if you’re unsatisfied by abby and ever want to try another soccer player you just let us know.” You laugh at their exaggerated wink, not seeing abby shoot a hard look at her friends.

Without saying anything, she slings her arm over your shoulder, curling her body into yours in a possessive hold. Your checks flame at the intimate attention. “Please, we’re just friends. She gets enough attention from her fan club.” Even as you try to deny what’s obvious to everyone else, abby’s other hand starts to play with you in little ways that make your thoughts scramble, playing with the hoop of your earring, tugging on a piece of your hair, leaning her head against your head as if suddenly very tired. 

You clear your throat and hope no one hears how loud your heart is beating. If it beated any faster you’d need an ambulance. “Actually, please wish me luck, I have a date tonight.”

The silence from the once rowdy group is deafening. Scarier is abby’s sudden frozen movements. 

A timid “Congrats” from a teammate is sharply interrupted by the jarring laughter coming from abby. Her once warm presence leaves your side to pace in front of you. Her restless hands running over her ponytail, taking it down, and creating a tumble of hair onto her broad shoulders. “Is this a joke? Because you’ve been funnier.”

You straighten at the outlaudish way she’s questioning your approaching date. “This might be a shock but some people actually consider me desirable and want to date me.” For months you’d sent hints of your desiree for more to abby and in response she’d continue to keep you at arms length. The rejection, combined with the countless girls she actually did fuck, had finally pushed you to your limit so when a girl from another college asked you out, you gave in and said yes. 

Her teammates left the escalating sitation in a noiseless retreat. Leaving only you, with wobbling knees, and a very pissed off team captain.

“People?” Narrow eyes make you advert your eyes. “You got a whole roster of people fucking you that I don’t know about?” Before you could stop you pushed at her chest, eyes wide in outrage. 

The rebuff seemed to clear abby’s mind because an apology immediately floods out her mouth and she takes several deep breaths to clear her red vision. 

Her kinder expression and domineering approaching steps causes you to retreat till your back is flush against your truck. abby’s entire frame blocks you in but she only give an impish smile as she takes both your hands within her grip, playfully yanking them behind her back. “Obviously I know you’re hot as fuck. That’s why I’m so concerned. Just tell me their name and I’d feel alot better about letting you go.”

Like you’d fall for that.

A small chuckle falls from your lips as you pull your hands away and scoot from under abby to get into your car. “abby you’re not ‘letting’ me go anywhere. I’m grown and your not getting their name to cyber stalk them. This is my date and what I decide to do with whoever is none of your concern.” 

As you settled into the driver seat, abby began to panic as the feeling of control slipped out of her hands. She stopped the door before you fully closed it and yanked it back open. “Let me at least drive you to the restaurant.” she pleaded.

“None of your concern.” you sang as you moved to push her out the way. But before you could, a hard hand gripped the back of your neck and roughly brought your lips to hers. The shock kept you still as a statue but abby didn’t seem to mind as she took charge and sensuously moved her lips against yours. You could taste the remaining sweat from practice on her lips. Before pulling away she gave a quick swipe of her tongue against your bottom lip and gave a final goodbye peak to your still wet bottom lip. “You’ll always be my concern. Good luck on your date.”

[infinizero]

Ok so

There is this trope about ghosts not reaching maturity until they've been ghosts for several centuries

There is ALSO the trope that ghosts fight as a sort of way to communicate

With the power of these two tropes combined-- I give you this strange headcanon:

Ghosts become mature adult ghosts after 500 years.

Danny and his usual troublemakers are all in the same "daycare".

He's just the youngest + most unique ghost so they like playing around with him the most. In other words, it's the ghost version of older siblings ordering their younger siblings around

As far as ghosts go,

There are blobs, ghost animals, shades (those are ghosts as we know it) and ghosts (aka Infinite Realms Beings) etc etc

The blobs and etc are, well, blobs and etc

But ghosts need a while to fully grow up and be considered adult

And so, if these ghosts are children, they need guardians or caretakers at the daycare right?

Correct

Baby ghosts are under the care of the nearest authority (Ancient or Leader or etc etc)

Except baby ghosts usually stay near where they were born and Danny and Co just so happen to be near Pariah Dark

Pariah Dark is asleep

But Fright Knight is there!

Except Fright Knight is also sealed

And it's one thing to wake up the ultra powerful megalomaniac tyrant kinda parent figure but not really you're supposed to have and another to drag your oldest adult sibling out of their room to touch grass

In other words, the surrounding authorities just went eh the babies can contact fright Knight if anything happens

But then Danny defeats Pariah and inherits his authority

So he technically becomes the caretaker of baby ghosts in the area while being the youngest baby ghost himself

Hence the other ancients visiting and *playing* with him to see if it's ok to leave the babies with this other baby

And since they're ghosts who don't have human guidelines or morals, decide that since he's that strong it should be fine to leave it alone

Besides he has Fright Knight! Good 'ol Frighty will definitely help out this new baby kid ghost with doing everything!

Meanwhile, Fright Knight waiting for Danny to come claim the crown and ring: ...

Cue Danny's rogues coming up to him to show him shit they accomplished

Youngblood : Phantom look at this cool baking soda volcano that spews out real lava!!

Danny: It does WHAT

Youngblood: Look!

Danny: NO

Ember: Hey Babybop wanna listen to the new song I wrote? It compels humans to start cults based on my name!

Danny: Ember, no

Ember: I think you mean Ember YES

Skulker: Ghost boy I have skinned an alien and brought you a pelt turned into a coat

Danny: ...you did WHAt

Skulker: It is nearing winter time and one must always be ready for winter time

Danny, having an existential meltdown after seeing his parents and Vlad get it on together: Desiree what the actual fuck??? Did you do????

Desiree: I merely fulfilled a wish

Johnny: Hey Phantom look we got matching tattoos to celebrate our anniversary!

Kitty: Wait what did you just say?

Johnny: uh, we got tattoos for our anniversary?

Kitty: ...our anniversary is in TWO MONTHS. THAT was for my DEATHDAY.

Johnny: ...oh shit

Danny, about to soup them both: Man, get good

Lunch Lady: Phantom have you eaten your proteins today?!

Danny: uh... Yeah?

Lunch Lady, already throwing meat at him: EAT MORE

Danny:

Box ghost: WITNESS! THE GREAT BOX MECHA!

Danny: oh come on seriously

And on the other hand,

Walker, dumping ten piles of paper in Danny's room: Phantom, here are the latest forms that need revisions

Spectra: What do you MEAN you're not allowing me to open a beauty salon in order to dig into other girls' insecurities and maintain my own beauty?! That's why it's called a beauty salon!!

Cujo and Wulf who are both the best boys and favorites, with smug faces:

Fright Knight still waiting for Danny to accept the ring and crown:

Plasmius: What the heck is this weird feeling my ghost side keeps making me feel??

Plasmius: is it... Is there perhaps a ghostly way I can adopt the little badger??

[hyperfixated-yapper]

HOW CAPITALISM PUSHES US TF BACK

Due to societal standards, women must act one way, and men must act another. While it is oppressive, it is the sad truth, and the scummy hands of capitalism are not helping a bit. Capitalism pushes us back as a society by breaking our mental health into pieces, setting impossible norms, and blatantly lying in your face.

According to this article called How Capitalism Affects Mental Health by Desiree S. Howell, three major effects on oneself from overworking are chronic stress, burnout, and anxiety. Pressure is pushed down on you to perform your best, and while motivation is encouraged, an unhealthy amount can cause you to doubt yourself, which can lead to anxiety. What if you can catch up? What if you aren't working hard enough? The need to outperform so you can get that higher pay or validation might lead to a chronic amount of stress which bleeds into the heavily hated stage of burnout. The worst plague, I fear. This pushes us back because no society can work if they all hate themselves.

The societal standards we have to face are borderline impossible. Girls have to age gracefully, always smell like daisies, and buy the latest clothes. They can never be too confident in themselves, or their "too headstrong". They can't be too shy or she's a "pushover". For men, they can't be too soft, can't be too girly, can't show any emotion other than anger. If you break these unwritten rules, prepare to be bullied and judged like hell and back. How does this play into capitalism, you say? Well, capitalism likes to get its hand on everything. They capitalized femininity, making things lush and pink, eventually creating the "pink tax" as well as the need for excess in clothes, bags, makeup, perfume, etc. Capitalism has a bigger grasp on women than it does men, but don't be fooled, boys, you're not safe. Their male obsession with watches and cars stem from companies showing only the coolest men cruising around with a Rolex and mercedes. So, why would somebody fight for change when they have it all? Why would a woman fight for more lay when she has it all? You don't often see the rich protest for the poor, because they already have it all. If it doesn't affect them, why care?

     Those brands that say they're eco friendly? Greenwashing ( Earth.Org ). The ones that support women? Fem-washing (Ashley Viola).  From the article 10 Companies Called Out For Greenwashing by Deena Robinson , they list a bunch of companies that greenwash. Since I'm nice, I'll give you the most popular ones: Coca-Cola, ExxonMobil, Starbucks, IKEA, and Volkswagen. They claim to love the environment, but are causing major oil spills,  polluting out air with nitrogen pollutants, overproducing plastic bottles, taking unhealthy shortcuts, and illegal freaking wood logging. And, in the article Slave Like Conditions at Zara Supplier by Clean Clothes Campaign , workers had 14-16 hour work days with little to no breaks, let alone good pay. The conditions were borderline sweatshop conditions. Now, Zara claims to be a brand of feminism and inclusivity, and from what the average person knows about feminism, those conditions don't exactly meet the marks.

In all, capitalism pushes us back as a society by overworking and ruining our mental and sometimes physical health, pushing box-like roles on people, and claiming to be something they're not. We as a society are meant to grow and be progressive, but we seem to be heading backwards. And we can try to tell the companies to cut this BS out, but they won't care. They just want money in their pockets without spending their own. We need to take it in our own hands. Know the brands you buy from, and hey, maybe thrift a little. Also..take a break with your work, you're stressing yourself out. Anyways, I hope you enjoyed my little rant..drink water, eat food, and go outside !! 

[heauxvibez]

warning: none, just somethn' cute :)

Hello..

You shelter my soul You're my fire when I'm cold I want you to know

You had me at hello..

"Oh my," my breath hitched as he strolled into the room. The clothing he had chosen was so simple: a plain grey T-shirt and a pair of black sweats, but they clung to him so well, accentuating every muscle of his athletic frame. His hair was in a messy bun, slightly frizzed at the top, yet it added to his effortless charm. My heart still managed to skip a beat at the sight of him. It was odd enough that even in what seemed to be his most comfortable state, this man could still draw me in. I could only imagine what he looked like when he was well put together.

I couldn't help but notice the bright smile he wore on his face as he took a seat on the couch next to his cousins Josh and Jon. I mirrored him, softly smiling myself while looking away, trying to conceal the sudden rush of emotions.

My best friend, Desiree, and I sat on the bar stools at the island of Jon's kitchen. We nibbled on a shared bag of popcorn that she had thrown in the microwave for us before the food for our small gathering arrived. The warm buttery aroma filled the room, mingling with the excitement of the evening.

Desiree had met Jon a few months ago, drawn in by the wrestler. Their connection was palpable, Jon always invited her as his plus one to all of the WWE events. Their budding relationship had them attached at the hip.

Meanwhile, I found myself unintentionally becoming the third wheel in their dynamic duo. It wasn't by choice; Desiree often insisted on bringing me along, claiming it was the only way she could enjoy the company of her two favorite people. However, for me, it often felt like a form of torture.

Sometimes, Jon would invite his brother Josh to attempt to keep me company. However, our interactions weren't always smooth. Maybe it was Josh's smart-ass remarks or the constant smirk he wore, even when delivering jokes that fell flat. Whatever the reason, I couldn't shake the feeling of irritation whenever we were together. Gosh, I couldn't stand him.

"What's wrong?" Desiree asked, pushing a small piece of her hair behind her ear, she had noticed my sudden change in demeanor. I bit my bottom lip, subtly nodding my head in the direction of the beautiful stranger.

She followed my gaze, a mischievous grin spreading across her face.

"Ohh...," she chuckled. "That's Joe."

"He's fine as hell," I admitted, stealing another glance in his direction. My acrylic nail found its way between my teeth, a telltale sign of my nervousness.

Raising her brow, Desiree popped a piece of popcorn in her mouth, thoroughly entertained by my reaction.

"You into Joe the giant?" she teased.

Blushing furiously, I brought my head down to stare at my French-tipped toes, feeling slightly called out. My shoulders lifted into a small shrug, unable to hide the fact that I resembled nothing short of a lovestruck teenager at that moment.

"You want me to call him over here?" My head shot up quickly.

The idea of that man coming over here seemed somewhat terrifying. He had such a commanding presence; it was almost intimidating even sharing this space with him.

"What? No!" I whispered loudly, almost choking on a popcorn kernel as my heart raced in panic.

"Girl, hush," Desiree shushed me, waving me off before boldly calling out, "Yo, Joey!"

His neck turned sharply, his gaze locking onto us before he playfully rolled his eyes. As he stood from the couch, a ripple of nerves shot through me, tingling my skin. He sauntered over, his movements oozing confidence, licking his lips in a gesture that my me hot.

Shoving his hands in his pockets, his arms flexed tantalizingly, drawing my eyes to the intricate patterns of the sleeve tattoo that adorned his skin. It was hypnotic, and despite my embarrassment, I found myself unable to tear my gaze away from him.

"I told you to stop calling me that," his voice was a rich baritone that took me by surprise. The combination of his rugged appearance and velvety voice had me at a loss of words.

They shared a fake angry glance before erupting into laughter, embracing each other in a side hug.

"How have you been, Joe? I haven't seen you since I kicked your ass in Uno," Desiree gloated, her competitive side taking over even in casual conversation. She had a knack for card games that bordered on uncanny, leaving most opponents, including myself, in the dust.

He chuckled, the sound resonating through the room and sending vibrations to my knees. Thankfully, I was already seated; otherwise, I would have found myself on the floor or on my knees.

"I wasn't ready that day. I was still suffering from a little bit of jet lag, but I'm ready now," he explained, his tone laced with playful defensiveness.

She shook her head, dismissing his excuse with a playful smirk. "Nah, you ain't ready for this work, Joey boy."

A small laugh escaped my lips as I watched their banter, but as Joe's gaze flickered to me, his lips curved into a small smile, and I felt a blush creeping up my brown cheeks.

"And who is the beautiful young lady?" he inquired, his eyes lingering on me with an intensity that almost made me shy away.

I opened my mouth to respond, but before I could say a word, Desiree, ever the chatterbox, beat me to it.

"This is my beautiful, very single, amazing best friend, Evie. Bye!"

Before I could even muster a glare in her direction, she had already hopped off the stool, joining Jon and Josh on the couch, leaving Joe and me alone in a charged silence.

"Hi..." I whispered, my voice betraying me as I struggled to maintain composure under the penetration of his pretty brown eyes. Every inch of me felt submissive in his presence, any bit of confidence left evaporating like mist in the morning sun.

I hadn't known him for more than five minutes, yet his smile, his laugh, his voice — everything about him — had me melting on the inside. How was he doing this to me?

"Hello, Evie" he smiled, and as soon as he said that, I knew he had my heart.

---------------

Something soft and sweet for my girls who love cute shit :)

Tags: @harmshake @southerngirl41 @spritelucozade @empressdede @alichesmi

[ao3feed-macgyver2016]

Palmful of Sunlight and Promise

Palmful of Sunlight and Promise https://ift.tt/oujDALW by OrionLady Mac knows he won’t make it out of this latest abduction alive. Not with experimental chemicals being pumped into him in horrific doses. The hallucination wearing Jack’s face—who claims he never died—has other ideas about that. (Touch separated by inches is the greatest torture of all.) Words: 4107, Chapters: 1/9, Language: English Fandoms: MacGyver (TV 2016) Rating: Teen And Up Audiences Warnings: No Archive Warnings Apply Categories: Gen Characters: Angus MacGyver (MacGyver TV 2016), Jack Dalton (MacGyver TV 2016), Riley Davis, Matilda "Matty" Webber, Wilt Bozer (MacGyver TV 2016), Desiree "Desi" Nguyen Relationships: Jack Dalton & Angus MacGyver (MacGyver TV 2016), Angus MacGyver & Matilda "Matty" Webber (MacGyver TV 2016), Riley Davis & Angus MacGyver (MacGyver TV 2016) Additional Tags: Hurt/Comfort, Emotional Hurt/Comfort, Angst, Angst with a Happy Ending, Presumed Dead, Fix-It, because Jack is not allowed to die on my watch, Non-Consensual Drug Use, Broken Bones, Crying, Hallucinations, cognitive impairment, Psychological Torture, Emotional/Psychological Abuse, Suicidal Thoughts, Dissociation, Guilt, Abduction, Starvation, Families of Choice, Found Family, Adopted siblings Riley and Mac, Affection, Tenderness, Confessions, Salt and Light, Jack and Matty co-parent Mac, i don't make the rules, Reunions, copious feelings about Jack's leather cuff, I somehow managed to avoid writing for this fandom for eight years, and got sucked in by one (1) gifset, as the great YouTuber Rachel Maksy would say: ain't that just the way

[rpking99]

Action Cartoons Part 1

Ben 10

Jen 10/Jennifer Tennyson (genderbent)

A female version of Ben Tennyson. Jen found the Omnitrixback when she was but a child of 10. She is now an adult and the greatest hero in the galaxy

Gwen Tennyson

Gwen Tennyson is half alien, half human and half Anodite. Anodite's being a species of energy beings, and she can use her alien powers to manipulate mana in order to do magic.

Gwen 10K

A future version of Gwen Tennyson

Charmcaster

Charmaster is a Spellcaster from the realm of Ledger Domain. She is not…. All there mentally, but is also very confident and flirtatious

Albedo (genderbent)

A genderbent version of who is assentially Jen's dark mirror. A galvan, assistant to the one who created the Omnitrix that thought she deserved it. And through her acts there, she ended up transformed and locked as an inverted version of Jen's human body.

Attea

The Empress of the Incurseans Empire, a galactic threat and a wild personality for sure.

Looma

The Princess of the Tetramand people, future ruler of the warrior culture.

Helen Wheels

A member of the space police known as the Plumbers, the young woman being half-Kineceleran, she is serious and confident while also being a speedster. Kineceleran's being some of the fastest species in the univese, she likes to follow the rules.

Julie Yamamoto

Frightwig

Lucy Mann

Vilgaxa (genderbent)

(Also using Myaxx as a slight face claim alongside genderbent art)

WayBad

Danny Phantom

Dani Phantom/Danielle Fenton (genderswap)

Maddie Fenton

Sam Manson

Ember

Desiree

Jasmine 'Jazz' Fenton

Paulina

Kitty

Spectra

TOTAL MUSES: 22

[dre4ml4nd-st4rlight]

Gothic Lolita Ball Joint Doll Alter Pack Req by anon

So close to finishing up the first batch I was requested - ty again to the Anon who sent them !!

**｡･::･ﾟ★,｡･::･ﾟ☆ ｡･::･ﾟ★,｡･::･ﾟ☆ ｡･::･ﾟ★,｡･::･ﾟ☆ ｡･::･ﾟ★,｡･::･ﾟ☆

「 ✦ Base ID ‘ s ✦ 」**

╰┈➤ names : Onyx , Charlotte , Darla , Desiree , Aro , Nephele , Arlen(e) , Pandora , Genesis , Chaos , Void , Eclipse

╰┈➤ ****Pronouns : it/its , she/hers, he/him , they/them , goth/goths , ei/eirs , shi/hirs , hy/hymm , seer/seers , moon/moons

╰┈➤ Titles : The Watcher of Voids , The Dark ⌞ title of royal status I.e queen/king, prince/princess, duke/duchess ⌝ , ⌞ prn ⌝ Dark Desire ,

╰┈➤ Genders : agender , voidgender , eclipsegender, moongender , lacedollic , “ Mostly void, partially stars “ - lexic ,

╰┈➤ Orientations : aroacespec, demiromantic, moon-attraction , bisexual lesbian ,

⋆｡𖦹°⭒˚｡⋆ other id ‘ s ๋࣭⭑ ꩜ ˎˊ˗

☾ Cis - doll ; ball jointed doll , void being , soul-less , sorcerer , ageless , gothic lolita , apathetic , creature , singer ,

⟡ Trans - human , living , soul thief , seamstress , transage ; 12-17 + permateen , quotian ; Onyx embodies the quote “ Mostly void, partially stars “

ᯓ★ 「 ✦ Roles + Alter Functions ✦ 」. ݁₊ ⊹ . ݁˖ . ݁

anxiety processor , existential distractor + processor , spiritual alter , caretaker ,

Nepheles role in the sys is to process and distract from existential dread of any sort- as a being from the void, goth has no vear of the vastness of the universe and what lies beyond. They help everyone settle and calm down. They do so primarily through visualization and spiritual means (meditating, cleansing). They will, when necessary, confront the source of stress up front ( if it is a person, Nephele will be very clear and concise with how the person is making the body uncomfortable and tell the person they need to stop lest goth removes the body from the situation. They will also confront objects / concepts, distract from any embarrassment or anxiety doing so may have. Seer is always ready to tell a very eerily dark and scary space that it is rude and uncomfortable and that it has no power over the body)

⋆.˚✮🎧✮˚.⋆ Interest + Misc ⋆.˚✮🎧✮˚.⋆

favorite colors : blacks + greys , silver , purple , green , blue , white

likes : dolls , reading , classical music , cute dark aesthetics , fantasy , the moon , being in nature , spiritual practices ( researching , practicing themselves ) , Gothic fashion , Lolita , psychology

dislikes : silence

seer has a goal to become a human, gain a soul, and shed their ‘divine moon god’ identity.

✩₊˚.⋆☾⋆⁺₊✧ ✩₊˚.⋆☾⋆⁺₊✧ ✩₊˚.⋆☾⋆⁺₊✧ ✩₊˚.⋆☾⋆⁺₊✧ ✩₊˚.⋆☾⋆⁺₊✧ ✩₊˚.⋆☾⋆⁺₊✧ ✩

── .✦ Photos + Aesthetic hoard

face claim

Aesthetic hoard

[crossbordernarratives]

Instagram Model Forced Followers Into Sex Work, Kept Them As Slaves

Former Brazilian model and US-based wellness influencer Kat Torres has been sentenced to eight years in prison for the human trafficking and slavery of women, after an FBI investigation found that two women living with her had gone missing in 2022.

Women who claim that they were also trafficked and enslaved by Torres have spoken out about their harrowing experience living with her. Talking to BBC, the women claimed they were attracted to her rags to riches story as she went from living in an impoverished Brazilian neighbourhood to partying with Hollywood stars.

Torres, who was once rumoured to be dating actor Leonardo DiCaprio, also claimed she could make predictions using her spiritual powers and was a common face on reputed Brazilian TV shows.

“She was on the cover of magazines. She was seen with famous people such as Leonardo DiCaprio. Everything I saw seemed credible,” the woman named Ana told BBC.

Torres' former flatmate, who shared a home with her in New York, told BBC that her Hollywood friends had introduced her to a hallucinogenic drug called ayahuasca. It was through the use of this drug that she reinvented herself as a life coach and hypnotist.

Soon, Torres developed a wellness website and subscription service that promised customers “Love, money and self-esteem that you always dreamed of.”

She also created self-help videos offering advice on relationships, wellness, business success including hypnosis, meditation and exercise programmes. She offered one-on-one video consultations for $150 that would solve "any of their problems."

In 2019, Ana moved to New York to work as her Torres' live-in assistant. Escaping a violent childhood and an abusive relationship, she moved alone to the US from Brazil and was studying nutrition at university in Boston.

The work required her to look after Torres' animals, cook for her, do her laundry and clean for $2000 a month. But when she arrived, the situation in Torres' house shocked her. The house was filthy and she was forced to sleep on a sofa covered in cat urine. She was expected to constantly be available for Torres, only being allowed to sleep for a few hours. She would sneak away to the building's gym to sleep for a few hours. She was never paid.

After Ana escaped, Torres hired two more women -- Desirre and Leticia-- who moved with her to a house in Texas. What started out as a life coaching and healing retreat quickly turned into a nightmare for the women.

Within weeks, Desirre was pressured her into working at a local strip club while Torres performed “witchcraft” on her. The two women were forbidden from speaking to each other and had to ask her permission to leave their rooms, even to use the bathroom.

Soon, Torres convinced Desiree to turn to prostitution. If she didn't meet the earning quotas that Torres set, she was not allowed to return to the house that night. “I ended up sleeping on the street several times because I couldn't reach that,” Desirre told BBC.

In September, the two women's friends and family launched social media campaigns to find them. To escape media attention, Torres and the women travelled from Texas to Maine. From there, the two were made to post Instagram videos denying being held captive and demanded people stop searching for them.

Over 20 women have come forward with stories of being scammed or exploited by Torres. They are still undergoing psychiatric therapy to recover from what they say they experienced.

[wildestdreamcatcher]

I've been working on Desiree for awhile now and I wanted to share some of that with y'all.

Her full name is Desiree Simone Davis. She grew up in Atlanta with her parents and brother. She did really well in school and wanted to go to a really good college. She grew up in a lower middle class family since her parents owned a decently popular restaurant. She always had a passion for journalism and fashion.

She loved aesthetics, always valuing her looks and style. She was close with her parents and brother and spent a lot of time with her family.

When she was 18, she decided to move to Coralie Ridge to go to college and pursue fashion journalism like she always wanted to. She ended up meeting Dylan in college and started dating him. They got married after 2 years and had Roxanne.

She's a very motivational person. She's the type of person to say manifestations in the mirror every morning when she wakes up and every night before she sleeps.

She loves nature, flowers, and animals.

Desiree is a very confident person. She believes confidence will get you everywhere in life so she always tries to instill that into her daughters.

She designed some of her own clothes but never really wanted to start her own line. She preferred interviewing the designers instead.

This is Desiree's face claim.

Pictures found on Pinterest

@blowflygrls @jackvaginal @sadlonelyyogurt @cusineverreallyknown

[surelenore]

" some call her 'sister of the moon' some say illusions are her game they like to wrap her in velvet does anyone know her name ? "

basic information:

character name: Lenore Desiree Turei-Delacroix

nickname(s): N/A

face claim: Simone Kessell

mutation status: Gen I

birthday: January 18th, 2026

sexuality: bisexual + biromantic

moral alignment: true neutral

occupation: philosopher

work sector: sector five

affiliation: leader of moonscar

3 positive traits: confident, decisive, diligent

3 negative traits: self-serving, materialistic, fixated

biography (optional): will be linked soon! brief overview while i work up the energy to finish writing it: was in a disconnected town (that would probs better be referred to as a settlement) in NZ that basically worshipped the moon, almost everyone there survived the meteors but became mutants, a lot of in-fighting until the cure but yk they killed the first round of people who came in with the cure, became targets after they were cured bc of that. lenore and friend used lenore's ritual magic to like idk basically kill intruders and turn them into zombies (the obeying type) but eventually learned that that also kept them semi-immortal! turned it into a ritual and brought visible mutants who were on the run in to keep them safe. would draw straws for the sacrifice to keep things fair (unless someone wanted to volunteer). friend volunteered eventually and lenore's inability to let go of her was really homoerotic but eventually she had to! moonscar was found and attacked again. with lenore as the only person left from the original moonscar, she made the executive decision that they would relocate to sol city - the settlement was nearby enough + accepted mutants. upon arrival, with their newfound safety, moonscar became more of a... drink wine with the girlies but also occasionally commit atrocities in the name of everlasting life and whatever it is that the other girlies need! <3

questionnaire:

how do they feel about living in sol city? have they always lived there or did they travel from another settlement? She has not always lived in Sol City and sees it as nothing more than a means to survive. Her previous settlement was constantly under attack by anti-mutant humans soon after the cure, so it eventually got to the point that... when she was basically the only person left who had been part of all that history, she was like 'okay guys, we're moving.' That occurred ~20yrs ago.

do they trust the council’s leadership? why or why not? Not really, but she's never paid them too much mind. Human beings are so temporary!

if they chose their sector and profession, why did they make that choice? if they didn’t, why not? were they happy with their assignment or not? She didn't choose either. Really, she had not been Working™ working for so long that she did not care Where she was put... like, for the most part. Janitor? No thank you. Waste disposal? No thank you. Test subject? No thank you. But, for the most part...? Anyway, philosopher has been working out!

what’s one object that they always keep on their person? A necklace with a moon pendant. (While it is not the cause of her mutation, it does amplify its power... even if only psychosomatically...)

(mutant only section)

what is your character’s ability (or abilities)? Ritual Magic

are they gen i or gen ii? Gen I

what can your character do? what are their strengths? Lenore is capable of... pretty much anything magical! The only caveat is that it must be done through some kind of ritual or another, hence the name. However, even without ritual, she can purify evil, gain control over someone (if so desired) by speaking their name, and gain power from prayer and worship. She has semi-immortality -- an immortality that is dependent on her ability to provide sacrifices -- and werecat physiology on certain days of the month. On those days of the month, she has advanced senses and possesses the powers that go along with feline physiology.

what can’t they do? what are their weaknesses? For the most part, it's not a 'wave your hand and it happens' type of magic, there are steps Lenore must take for most of the magic. She can do some cool shit! Raise the dead, possess people, bestow powers... she just needs to complete a ritual for most of it. She will also, without fail, turn into a werecat every Harvest moon. Of course, that's less concerning now that the environment and the Earth's relationship to the sun and moon... is the way it is, but... In addition, while she may be perceived as immortal, she is not. Every month, she must provide one 'human' sacrifice (mutants are accepted, but... mutants are superior -- if they can get a human, they're gonna get a human). When given the option, Lenore (and Moonscar as a whole) will pick a human who's just shitty, but if that option doesn't arise, there has to either be a volunteer or they have to draw straws... and, as the leader, Lenore has become exempt because she's terrified of death.

is there anything else you’d like to specify about them? 1) On the physiology side, as a Gen I mutant, she, of course, has some visible qualities. None are too glaring -- golden eyes with slit pupils, a light tabby-esque striping, sharp canine teeth and nails -- but... ya know, when she's a werecat, please do picture the werecats from Scooby-Doo on Zombie Island (which is also where the name Moonscar originated from <3). If they were live action, Simone and/or Lena would have been her secondary FC! 2) I will be writing an in-depth blurb on Moonscar because it has a RICH history that will be covered A LOT in her official intro, but... just some quick basics: has been in action since the 1800s and started as more of a settlement, shit got real after the meteor when there was a total massacre, recruited various visible mutants as a way to protect them with Ritual Magic, they were found again, they moved the base to Sol City to fly under the radar and things have gotten a lot chiller since then and also... a lot less extreme since they are not constantly under threat... more 'wine with the girlies' now, but still... any ritual, however disturbing, needed for [XYZ] -- that's what they're there for!

[spacelagos]

49. Crash the party.

Quill came in shaking his head. “Nothing.”

Rocket looked at him. “Are you sure? Blackjack ambushed us hours ago. He could have drifted off a long way.”

Peter sat down. “I did an outward spiral for a long while. I also flew closely around your ships. I used a very sensitive bio scanner… Groot’s not out there.”  

Rocket growled. “The bastard took him, then! Just wait till…”

Quill put a hand on Rocket’s shoulder. “Wait, maybe it’s not that simple.”

“Huh?”

“From what you say, Blackjack probably took Groot as a hostage. Leverage. To keep you away from him until he delivers his bounty.  Since he can’t hurt or kill your friend Cocky, he’ll probably threaten to kill Groot.”

“I am aware of that, Quill. I’m not stupid.”

“So what are you gonna do in that case?”

“We’ll read the situation when we’re actually in it. I have done a million rescues in my whole life. Hardly no one ever died.”

“That’s true. But Blackjack’s gonna be expecting it. So far, his record on predicting and neutralizing you is pretty good.”

Rocket got actually angry at that. “Gods of Asgard, which freakin’ side are you on??”

Peter raised his hands in surrender. “Yours! I’m on your side, here.  I’m just thinking this is probably gonna be more complicated than you think. You’re gonna let me help you, right?”

The raccoonish creature thought for a second. “Would be nice,” he said, reluctantly.

“It might be good to call the other Guardians if they are available,” Desiree said, entering the room, pulling along a very pale Brock.

“C’mon,” Rocket said, cranky. “I can use another ship out there, but we definitely can handle a bunch of disgusting long-ears by ourselves. Uh, no offense,” he quickly added.

Desiree ignored this. “Mr. Quill, this is Brock. He’s our engineer and pilot. Brock, this is Peter Quill. Also known as Star-Lord.”

“How ya doing,” Quill said charmingly, and shook the tall lagomorph’s hand. “Uh, you don’t look so good.”

“Took a knife to the gut a while ago, Quill, he’s not gonna look ready for the red carpet.”

“I feel better now. Heard a lot about you,” Brock said, softly. “It’s an honor.”

“Stop kissing ass and help me with that nest of horrors,” Rocket said, pointing to a gutted panel. “Just a few more hits of the hammer and we can get on our way to bitchslap bunnies.”

“Speaking of which,” Peter said, “what are we looking at? In terms of fight?”

“I’m guessing two dozen guys, tops. Rabbits. They have guns and knives. Skilled in both, if the Bunny Brigade is still up to its usual standards.  Although maybe not. Cocky killed like seven on them on the fight.”

Brock examined the settings of a tool, squinting. He finally said: “But Cocky is the most gifted fighter of our generation. Also, ex-Thirteen.”

Peter whistled. Rocket rolled his eyes. “Big deal, ex-Thirteen. Blackjack’s  ex-Thirteen too. And I kicked his ass. Barehanded.” The raccoonish mercenary grinned fiercely. “And I will do it again.”

Quill looked worried. “Maybe we should call the other Guardians, yeah.”

“Are you seriously scared about a bunch of cotton-tails?”

Desiree intervened. “Hopefully, Jack’s been neutralized by his own crew by now. Doesn’t mean he can’t be a problem. But I’m counting he won’t. I’m more worried about the other guys.”

Rocket cut some tape with his tiny, sharp teeth. “Blackjack’s the dangerous one, the others are chumps.”

Desiree cocked her head. “I don’t mean the rest of the Brigade. I mean the OTHER people. You know, the ones that are going to be there to claim the bounty on Blackjack’s head.”

Peter Quill laughed. “Dude. I wasn’t even thinking about that. Good one.”

Rocket frowned. “It crossed my mind, but I was kinda hoping we could reach an agreement. We don’t want Blackjack, only Cocky.”

Brock made a face, but never stopped fixing. “Cocky’s worth a million units, and he’s gonna be there, all wrapped up like a gift for every bounty hunter out there.”

“Yeah, how are they even gonna know it’s him?” Rocket said, taping some wires together.

“Because of the marks. The marks on his face. They are pretty unique.  Anybody with access to the bounty database will get that information in two clicks,” Desiree explained.

“Um,” Rocket grumbled. “Okay, so we gonna hafta get violent on a lot of people.” He thought for a couple of seconds. “Wait, Quill. If you weren’t thinking about that, why are you considering backup?”

Peter shook his head. “I was considering this very pessimistic scenario where the Khail Empire decides to crash the party too.”

[ourrechte-blog]

Ash dusted Danny's jumpsuit as he landed roughly on the pavement, panting. Another ghost captured, another fight won, but not without scraped knuckles and sore muscles. He switched back to his human form, the ghostly glow fading from his body.

"Danny! There you are!" His sister Jazz shouted, running up with an annoyed look. "You missed curfew again. And your room is a disaster - I had to make your bed this morning."

Danny sighed, rolling his eyes. "Sorry, there was a ghost causing trouble downtown. I had to stop him before he possessed the mayor or something."

Jazz put her hands on her hips, unimpressed. "Well, next time leave yourself a reminder on your phone. You can't keep doing this Danny."

Sometimes, I just wish I can be appreciated. The thought bubbled up unbidden. All he did was protect this town day after day, year after ghostly year, and still his friends and family treated it like a hobby he couldn't be bothered with properly.

A striking figure in a sultry outfit suddenly materialized beside them. "So you have wished it, so shall it be!" She proclaimed with a wicked smile.

"Desiree!" Danny yelped, instantly recognizing the wishing ghost. "No! I didn't actually mean to –"

——————

The Watchtower's conference room was buzzing with activity as the members of the Justice League gathered around the large table. Batman's gruff voice cut through the murmurs, "I said no. I'm only a part-time member."

Flash, never one to back down from a challenge, leaned forward with a mischievous grin plastered across his face. "Come on, Bats. You're the most qualified for this job." His words carried a teasing lilt, daring the Dark Knight to refute his claim.

Superman, ever the voice of reason, nodded in agreement, his crimson cape billowing behind him like a regal banner. "Batman, be reasonable. You are quite literally the most qualified person for this job." The Kryptonian's tone left no room for argument, his unwavering belief in Batman's capabilities shining through.

Turning to the others, Flash suggested a show of hands, his eyes sparkling with mischief. "How many of us have worked with others before now?" Superman, Batman, Green Lantern, and Hawkgirl raised their hands in response. "Now, who has led subordinates?" Hawkgirl and Batman were the only ones with their hands still raised, their experience evident. "Now who here has trained anyone?" Superman and Batman kept their hands up, and Flash smirked triumphantly, his point proven beyond a doubt. "See, Bats? You're the most experienced in leading. I mean, it's not like someone more qualified is going to show up."

Just then, a bright flash of light illuminated the room, and Danny found himself deposited at the table, blinking in confusion as the sudden transition left him disoriented. Flash chuckled, his ever-present sense of humor shining through. "Well, it's not like a million dollars is going to pop up." When nothing else happened, he shrugged nonchalantly. "Worth a shot."

Batman, ever the opportunist, seized the moment to evaluate the newcomer, his piercing gaze fixing on Danny. "What's your leadership experience?" The Dark Knight's tone brooked no argument, his demand for information clear.

Still trying to make sense of his sudden relocation, Danny furrowed his brow in confusion. "What?"

"What's your experience in leadership?" Batman repeated, his tone leaving no room for misunderstanding.

Gathering his thoughts, Danny explained, "Well, I'm the only person with powers among my friends, and they help me catch my enemies." His words carried a hint of uncertainty, as if he wasn't quite sure how to quantify his experiences.

"Anything else?" Batman pressed, his unwavering gaze demanding a more comprehensive response.

Danny scratched the back of his head sheepishly, "Uh, there was the time I convinced one of my enemies to team up with me to escape from this really tight spot. Actually, now that I think about it, I did that a lot of times, you know? Like, ghosts can be super stubborn, but if you play your cards right and appeal to their egos or whatever, they'll totally work with you for a little while. At least until the situation is resolved and then it's back to kicking their butts, haha!"

Batman arched an eyebrow, his expression inscrutable behind the cowl. "Charisma," he murmured, a hint of approval coloring his gruff tone. "Go on."

Danny perked up, his eyes lighting up with enthusiasm as he recalled more instances of his leadership prowess. "Oh, yeah! There's also the time I talked my entire rogue gallery to help clear a path so I could take down this evil king that wanted to conquer my town," he exclaimed, his voice laced with a hint of teenage bravado.

The young hero leaned back in his chair, a casual air about him as he continued, "And there's the time I lead my class to raiding a flying pirate ship when I couldn't use my powers to do it. It was totally nuts, but we pulled it off somehow, even though we're just a bunch of dumb teens, you know?"

Batman arched an eyebrow, his expression inscrutable behind the cowl. "Resourceful," he murmured, a hint of approval coloring his gruff tone. "Anything else?"

Danny perked up, recalling another pivotal moment. "Oh! And I talked my clone into freeing me when she was made to kill me, and I basically used up everything I had to protect her. And then she flew off after we escaped her creator. I'm still worried about her, you know? Like, what if she gets into trouble or something? She's just a kid, even if she was grown in a lab or whatever."

Batman's expression remained inscrutable behind the cowl, but there was a hint of approval in his gruff tone. "Compassionate. You're hired."

Danny blinked, his brow furrowing in confusion. "Wait, hired for what, exactly?" He glanced around the table, suddenly aware of the scrutinizing gazes fixed upon him.

Batman's chair scraped against the floor as he rose, his cape billowing dramatically. "Being the leader of this group," he stated matter-of-factly, as if it should have been obvious.

"Wait, what?!" Danny exclaimed, his eyes widening in disbelief. He whipped his head around, seeking clarification from the others. Superman offered a reassuring smile, while Flash grinned, clearly amused by the teenager's bewilderment.

Turning back to Batman's now vacant seat, Danny opened and closed his mouth a few times, struggling to find the words. "He, uh, he does that a lot, huh?" he finally managed, rubbing the back of his neck sheepishly.

Superman chuckled, his deep baritone resonating through the room. "Indeed. Batman has a flair for the dramatic, but his judgment is sound. If he believes you're suited for leadership, then you must have impressed him."

Danny exhaled slowly, still trying to process this unexpected turn of events. "Wow, okay, I guess I'm the leader now? This is so nuts. Like, one minute I'm just trying to catch some ghost causing trouble, and the next I'm leading a team of actual superheroes? This is totally wicked, but also kind of terrifying, you know?"

Danny made a wish. A stupid wish really. One that he'll undo the minute he tracks down Desiree. Until then though, he's the leader of the Justice League.

[literaturereviewhelp]

The first issue arises when the writer shows no issues associated with the black origin of Armand. To illustrate, the writer evidently points out that Armand had a ‘dark handsome face’ that did not disfigure. It is rather unsound to believe that Armand, in his entire lifetime, had no chance to know about his color, and that he never examined his skin color or compared it with the skin of others. Secondly, a man with such a strong and rather cruel personality did not seem aware about the race his mother belonged to. It is at the end of the story that he comes to know that his mother ‘who adores him, belongs to the race that is cursed with the brand of slavery’. The intention here is very clear; Armand is destined to be portrayed as an irrational human being. In other words, instead of race, the writer is trying to give stress on gender. The second technical fault comes in the fact that despite his ‘dark’ face, Madame Valmonde had no problem in allowing their marriage. In addition, he had not loved her before, and he started loving her as if ‘stuck by a pistol shot’. Here, he decides to marry Desiree despite her obscure origin, and loves her blindly. Again as the child is born, He stops beating the black slaves he has. Thus, it becomes evident that Armand is presented as a cruel man who used to beat his slaves for no apparent reason. However, as Serafin, Bendixen point out, the birth of a child makes him give up his cruelty; and on the other hand, the female figures, despite his black complexion, started loving and trusting him blindly (188). The third point that hurts the reader is the fact that though Madame Valmonde and the nurse woman Zandrine immediately realize the fact that the child is black in complexion, both the parents; Armand and Desiree seem unaware of the color of the child until the child is three months old. It is rather irrational to believe that all other people except the child’s parents identified the issue. Here, again, the story loses its integrity by saying that Armand failed to identify the color of the child which is highly unlikely. For example, the moment Madame Valmonde sees the child she cries, “this is not the baby!” That means, she is totally surprised by the color of the baby. It is rather surprising that neither Armand nor Desiree could see this. However, for the sake of argument, one can say that while marrying a white woman, the purpose of Armand was to give birth to a white child that would ‘bear his name’. Here, one can make a rather reasonable assumption that though Armand was aware of his color and race, he married a white woman expecting a white boy. However, as he was disappointed by Desiree by giving birth to a black child instead, he loses all happiness. In the case of Desiree too, the negligence towards the color of the child she shows is surprising. Here, instead of claiming that she was unaware of the color, a better assumption would be that as she married a black man, she was expecting a black child. So, when the black child was born to a black father, she failed to see any dangers in it. In other words, she was unaware of the unreasonable ambitions of Armand. So, even when Madame Valmonde exclaims “this is not the baby” , Desiree believes the comment is about the growth of the child; not about the color. Read the full article

[dankusner]

DEFENDANTS’ MOTION FOR SPOLIATION SANCTIONS

TO THE HONORABLE JUDGE OF SAID COURT:

COME NOW Defendants, Newkirk Logistics, Inc., and Desiree Raishon Boyd (“Defendants”), and file this, their Motion for Spoliation Sanctions, and in support thereof would respectfully show the Court as follows:

I.

PRELIMINARY STATEMENT

During his inspection of a vehicle involved in the incident made the basis of this suit, Plaintiffs’ expert witness adulterated a piece of that vehicle essential to the claims and defenses at issue this matter.

Due to the actions of Plaintiffs’ expert, Defendants have been irreparably deprived of any meaningful ability to present a defense about the cause of the sudden, unexpected, and abrupt disconnection of the air brake line and resulting stop of Defendants’ vehicle.

Accordingly, Defendants respectfully request the Court prohibit Plaintiffs’ spoliating expert from testifying or otherwise offering opinions in this matter and give a Spoliation instruction to the jury.

No lesser sanction will remediate the prejudice to Defendants caused by Plaintiffs’ Spoliation.

DEFENDANTS’ MOTION FOR SPOLIATION SANCTIONS

BACKGROUND This lawsuit arises out of an automobile collision that occurred on September 2, 2021, on Interstate 635 (“I-30”) near State Highway 121 in Grapevine, Tarrant County, Texas.

(Plaintiffs’ Fourth Amended Petition at 1] 12).

Plaintiffs allege Defendants were negligent in failing to properly inspect or maintain the subject truck.

(Plaintiffs’ Fourth Amended Petition at111] l3; 20; 28).

Lee E. Jackson is Plaintiffs’ designated Traffic Crash Reconstructionist and inspected the truck and trailer involved in the incident made the basis of this suit.

(Ex. 1, Plaintiff’ s Expert Designation at 4 P. 1, 4); (Ex. 2, Lee E Jackson report dated May 10, 2023, at 4).

As can be seen in Jackson’s report, there was a brass ring in the brake chamber that was part of the air brake line connection to that chamber. (Ex. 2 at 14).

During his inspection, Jackson wedged a metal rod into the ring to remove it from the brake chamber. (EX. 3).

Subsequent photographs then show the brake chamber with no ring. (Ex. 4).

The impact from wedging the metal rod into the brass fitting changes the structure and face of the brass. (Ex. 5, Affidavit of Thomas Truss dated August l6, 2023, at 11 9).

Had the brass ring not been damaged, it would have been possible to examine the ring and determine ifthe break was a tortional break, a progressive break, a fatigue break, or an impact break. (Ex. 5 at 1] 4).

These changes skew the results of any analysis of the structure of the metal, making them unclear and unreliable. (Ex. 5 at 11 6).

Due to the changes caused by wedging the metal rod into the brass ring, it is impossible to determine the type of break and who, if anyone, was at fault for the break. (Ex. 5 at 11 X5, 6).

There were other, less invasive ways to remove the brass ring from the brake chamber without adulterating it. (Ex. 5 at 11 7).

DEFENDANTS’ MOTION FOR SPOLIATION SANCTIONS

III.

LEGAL STANDARD

The Texas Supreme Court has “adopted a framework governing the imposition of remedies for evidence spoliation.”

Petroleum Sols., Inc. v. Head, • 454 S.W.3d 482, 488 • (Tex. 2014) (citing Brookshire Bros., Ltd. v. Aldridge, • 438 S.W.3d 9, 14 • (Tex. 2014)).

Under the Brookshire Brothers framework, “to find that spoliation occurred, the trial court must make affirmative determinations as to two elements.

• First, the party who failed to produce evidence must have had a duty to preserve the evidence.” Id. (citing Brookshz're, 438 S.W.3d at 20). • “Second, the nonproducing party must have breached its duty to reasonably preserve material and relevant evidence.” Id. (citing Brookshire, 438 S.W.3d at 20-21 & n.8).

If there is a finding of spoliation, “the trial court must exercise its discretion in imposing a remedy.

In determining what remedy, if any, is appropriate, the court should weigh the spoliating party’s culpability and the prejudice to the non-spoliating party.” Id. at 488-89.

“[C]ourts generally follow a two-part test in determining whether a particular sanction for discovery abuse is just.��

Petroleum Solutions, • 454 S.W.3d at 489.

“First, a direct relationship must exist between the offensive conduct, the offender, and the sanction imposed.

To meet this requirement, a sanction must be directed against the wrongful conduct and toward remedying the prejudice suffered by the innocent party.” Id. (internal citations omitted).

“Second, a sanction must not be excessive, which means it should be no more severe than necessary to satisfy its legitimate purpose. Id. (internal citations and quotation omitted).

IV.

DISCUSSION

Plaintiffs had a duty to preserve the evidence.

Further, Plaintiffs breached their duty to reasonably preserve material and relevant evidence when their expert adulterated a critical part of the vehicle involved in the incident made the basis of this suit.

Accordingly, Plaintiffs have spoliated evidence.

For the requested sanctions, there is a direct relationship between the wrongful conduct of Plaintiffs and the prejudice Defendants have suffered.

Further, no lesser sanction will remedy Plaintiffs’ spoliation.

Accordingly, a spoliation instruction, combined with the exclusion of the opinions of the adulterating expert, and given the circumstances of Plaintiffs’ spoliation, is just.

a.

Plaintiffs Spoliated Material and Relevant Evidence

A spoliation finding requires the existence of a duty to preserve evidence and a breach of that duty.

• Petroleum Sols., 454 S.W.3d at 488.

Both elements are met in this case.

1.

Plaintiffs had a Duty to Preserve Evidence

A duty to preserve evidence exists “when a party knows or reasonably should know that there is a substantial chance that a claim will be filed and that evidence in its possession or control will be material and relevant to that claim.”

Petroleum Sols., 454 S.W.3d at 488.

PLAINTIFF’S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT TRANSITO DURAN AND MOTION FOR SANCTIONS

This matter arises out of a motor- Vehicle collision proximately caused by Defendant

Plaintiff filed her lawsuit against Defendant on June 8, 2022.

Defendant filed his original answer on November 14, 2022.

On January 25, 2023, Plaintiff made her first request to conduct the deposition of Defendant.

Please see EXHIBIT A, incorporated herein a true and copy of the above referenced email.

Defendant’s counsel advised that they would reach out to their client for his availability.

On February 7, 2023, Plaintiff counsel followed up with Defendant’s counsel for his availability for deposition.

Again, Defendant’s counsel advised they would reach out to their client and provide his availability.

On February 14th, 2023, Plaintiff’ s counsel followed up again Plaintiff s Motion to Compel the Deposition of as to Defendant’s availability for his deposition.

This email was left not responded to until February 22nd, 2023, Where Defendant’s counsel advised that Defendant was in the process of moving and they would need additional time to respond to Plaintiff’s discovery request.

on February 23rd, 2023, Plaintiff’s counsel agreed to Defendant’s request for additional time to respond to discovery and followed up again as to Defendant’s availability for his deposition.

Once again Plaintiff’s counsel was advised that Defendant’s counsel has been unable to confirm Defendant’s availability for his deposition but were hoping to by the following week.

On March 10th, 2023, Plaintiff’ s counsel followed up with Defendant’s counsel again as to the availability of the Defendant for his deposition.

That email was not responded to by Defendant’s counsel.

On March 15th, 2023, Plaintiff‘ s counsel emailed Defendant’s counsel for the sixth time as to Defendant’s availability for his deposition.

In this March 15th, 2023, email, Plaintiff’s counsel advised Defendant’s counsel on their intention to file a motion to compel the deposition of Transito Duran.

Defendant’s counsel replied to this email and advised Plaintiff’s counsel that she was unable to produce her client for deposition and was unable to disclose why under Rule 1.05 of the Texas Rules of Professional Conduct.

Please see EXHIBIT B, incorporated herein is a true and copy of the before referenced email.

II.

ARGUMENTS AND AUTHORITIES

Defendant’s counsel has obstructed the discovery process and the resolution of this matter by refusing to produce the Defendant for a deposition in this matter.

Defendant’s counsel is apparently in communication with their client based on other discovery responses and representations made at mediation but defense counsel refuses to allow him to sit for his deposition.

As one of the only defendant in this matter and both the instigator and eye witness to the events underlying Plaintiff’ s claims, Plaintiff clearly needs to secure his deposition testimony.

Defendant’s refusal to produce Mr. Duran for a deposition has not only deprived Plaintiff of her discovery rights, but it has also hindered her from developing the facts necessary to develop expert discovery in this case.

Defendant is attempting to, for example, proffer a biomechanical engineer to challenge Whether the crash at issue could have caused Plaintiff‘s injuries.

Defendant has failed to produce a report for this expert, Dr. Liebschner, or offer him for deposition as is required by the Rules of Civil Procedure.

Therefore, Defendant’s counsel, who has control over both the retained expert and their own client, is operating off of a set of alleged facts that they are concealing from Plaintiff.

Plaintiff has not been afforded the opportunity to develop the facts to refute any testimony Dr. Liebschner might offer because she cannot even procure the most basic discovery request from Defendant.

The purpose of discovery is to seek the truth, so disputes may be decided by what the facts reveal, not by what facts are concealed.

Axelson, Inc. v. McIIhany, 798 S.W.2d 550, 555 (Tex. 1990).

Discovery may be obtained about any matter relevant to the subject matter of the case.

TEX. R. CIV. P. 192.3 (a).

Information is discoverable if it appears “reasonably calculated to lead to the discovery of admissible evidence.” Id.

At present, with discovery closing, and trial only a month away, Plaintiff is left to compel testimony, move to strike an expert, and probably seek a continuance all because of Defendant’s refusal to allow for permissible discovery.

For these reasons, Plaintiff moves to compel Defendant’s deposition and for sanctions including monetary sanctions and/or the striking of Defendant’s expert