Mizkif—Matthew Rinaudo—and Mizkif Enterprises LLC filed a federal lawsuit on November 3, 2025, against Emiru, Asmongold, and three companies. The amended complaint alleges defamation and contract-related wrongs; those claims are allegations, not findings that anyone did something unlawful. A June 2026 magistrate judge’s report recommended different next steps for different claims, but the available docket listing does not establish what the district judge did afterward.
Who is suing whom?
The case is Mizkif Enterprises LLC et al. v. Schunk et al., No. 1:25-cv-01773, filed in the U.S. District Court for the Western District of Texas on November 3, 2025. The plaintiffs are Matthew Rinaudo, who uses the online handle Mizkif, and Mizkif Enterprises LLC.
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The named defendants are Emily Beth Schunk, known online as Emiru; Zack Hoyt, known online as Asmongold; OTK Media Inc.; Mythic Talent Management Inc.; and King Gaming Labs Inc. The Justia case listing identifies the parties and filing date: case listing for No. 1:2025cv01773.
What does the amended complaint claim?
The live amended complaint, as summarized in the magistrate judge’s report, brings claims in three broad categories. They are the plaintiffs’ assertions, not facts established by the court.
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| Claim type | Against | What the filing seeks to address |
|---|---|---|
| Breach of contract | OTK Media Inc. and King Gaming Labs Inc. | Alleged contractual breaches. |
| Common-law defamation | Schunk and Hoyt | Allegedly defamatory statements. |
| Declaratory judgment | OTK Media Inc., Mythic Talent Management Inc., and King Gaming Labs Inc. | Disputes concerning company claims and ownership interests. |
The report describes the claims and the court’s recommendations; it does not resolve whether the alleged statements were false, defamatory, or harmful, or whether any contract was breached. The June 15, 2026 Report and Recommendation.
What did the June 2026 report recommend?
On June 15, 2026, U.S. Magistrate Judge Susan Hightower issued a Report and Recommendation addressing motions by the corporate defendants and the individual defendants. The recommendations were not, by themselves, final district-court rulings. They proposed different outcomes for different claims:
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| Defendant or group | Recommendation |
|---|---|
| Corporate defendants | Grant the motion to compel arbitration and stay Counts One and Three pending arbitration. Those counts concern the contract and declaratory-judgment claims described above. |
| Schunk | Deny her motion to dismiss, while requiring Rinaudo to provide a more definite statement identifying the allegedly defamatory statements, explaining how each is untrue, and describing how it harmed him. |
| Hoyt | Grant his motion to dismiss Count Two without prejudice. |
“Without prejudice” means the recommended dismissal would not itself bar a later attempt to pursue the claim, subject to applicable rules and any further court action. The report also stated: “The Court FURTHER ORDERS the Clerk to remove this case from this Magistrate Judge’s docket and return it to the docket of the Honorable Robert Pitman.” That sentence concerns returning the matter to the district judge; it is not a final decision on the merits.
Was the magistrate judge’s recommendation adopted?
The available Justia docket listing says it was last retrieved on July 13, 2026. The material available for this article does not establish whether District Judge Robert Pitman later adopted, changed, or rejected the recommendations, or whether further docket entries followed. Accordingly, the June 15 report should not be described as the case’s final outcome or as the current status on October 8, 2026. Justia’s case listing.
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A separate order dated May 26, 2026, directed the plaintiffs to provide domicile information for the individual parties relevant to diversity jurisdiction. That procedural request is distinct from deciding whether the complaint’s allegations are true. The May 26, 2026 order.
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The report proposed that company-related claims proceed through arbitration while the claims against the two individual defendants be handled differently: a more specific defamation statement for Schunk’s claim and a dismissal without prejudice for the claim against Hoyt. Those were recommendations awaiting action by the district judge, not a ruling that any defendant was liable or that the alleged defamation occurred.
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