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Libel / Defamation?
- Thread starter MeatRo
- Start date
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Country Living
Senior Member
... I would send you a 12 pack, but this is a legal forum and that sounds like a bad idea.
Uh, Quincy... you ARE going to share the colebeer with your bestest buddies, right????Uh, hey! A 12-pack does not sound like a bad idea to me at all. Plus, my advice here is bound to be more interesting after I've imbibed a few.
Country Living
Senior Member
Just an update... Well, the restraining order was thrown out of court very quickly. As I suspected, she had nothing at all to indicate any type of physical threat or harm. The whole thing took about 5 minutes, I defended myself against her and her attorney or feminist advisor; whoever it was. The judge informed her of my right to free speech and advised her to leave it alone and move on. He compared it to somebody writing online about Coca-Cola and their right to do so, as long as it's not false.
She is pursuing a few different things, though...
1.) Interception of electronic communications (wire fraud). Saying that I 'stole' emails, from an account which I had access to during my entire term there. I've pulled out about 20 emails that were directed to me personally and printed them out as well as the different account verification messages that went to that email, which I set up and managed. Things like Twitter, YouTube, etc.
2.) Defamation. They printed out part of what I wrote and claimed that I was at fault for everything posted. I've got all of my stuff in order for this one and recently, she's had bigger things to deal with which I believe work in my favor. For example, on Oct 5th, the Humane Society published a document about the 12 worst puppy mills in Missouri, featuring 2 pages about her. Also, the local news aired a segment about her and how she had her USDA license revoked for 3 years and was fined over $7,000. Their affiliate in Seattle, where she's originally from also aired a segment about her... They covered an extensive story about her a few years back when she was convicted of several counts and spent 6 months in jail for running an unlicensed/unsanitary kennel without a license. Among other charges.
Also, proposition B passed here in Missouri recently. Which, when enacted, will render her entire operation illegal.. Limits breeders to 50 dogs, she has 100. All of her buildings will be useless.. Dogs must have unfettered access to an exercise area, hers don't. Dogs cannot be stacked on top of each other, hers are. Pens must be ground level, hers are raised. Must have a solid floor, hers are a mesh material, like milk crates. She has 4 of these kennels and one year to comply with the new law.
We are going to just submit a motion to dismiss.. She agrees to leave me alone, and I agree not to publish anything about her again. We go our separate ways. My attorney should have that submitted here in about a week.
She is pursuing a few different things, though...
1.) Interception of electronic communications (wire fraud). Saying that I 'stole' emails, from an account which I had access to during my entire term there. I've pulled out about 20 emails that were directed to me personally and printed them out as well as the different account verification messages that went to that email, which I set up and managed. Things like Twitter, YouTube, etc.
2.) Defamation. They printed out part of what I wrote and claimed that I was at fault for everything posted. I've got all of my stuff in order for this one and recently, she's had bigger things to deal with which I believe work in my favor. For example, on Oct 5th, the Humane Society published a document about the 12 worst puppy mills in Missouri, featuring 2 pages about her. Also, the local news aired a segment about her and how she had her USDA license revoked for 3 years and was fined over $7,000. Their affiliate in Seattle, where she's originally from also aired a segment about her... They covered an extensive story about her a few years back when she was convicted of several counts and spent 6 months in jail for running an unlicensed/unsanitary kennel without a license. Among other charges.
Also, proposition B passed here in Missouri recently. Which, when enacted, will render her entire operation illegal.. Limits breeders to 50 dogs, she has 100. All of her buildings will be useless.. Dogs must have unfettered access to an exercise area, hers don't. Dogs cannot be stacked on top of each other, hers are. Pens must be ground level, hers are raised. Must have a solid floor, hers are a mesh material, like milk crates. She has 4 of these kennels and one year to comply with the new law.
We are going to just submit a motion to dismiss.. She agrees to leave me alone, and I agree not to publish anything about her again. We go our separate ways. My attorney should have that submitted here in about a week.
quincy
Senior Member
Thanks for the update, MeatRo!
Other than the fact that this woman is still pursuing legal action against you, which is not so great, the rest of what you have posted sounds positive. I am happy to hear that the woman's petition to the court for a restraining order against you was denied, and I will hope that your motion to dismiss will be granted.
I am also happy to hear that the Humane Society was on top of this matter. They have always had little tolerance for puppy mills. The organization is usually quite aware of the ones operating in this country, and they have always worked diligently to shut them down and rescue the abused and neglected animals. It just sometimes takes them awhile to build up sufficient evidence against the breeders to do so.
And good for Missouri residents for taking a step toward eliminating puppy mills entirely in the state!!
Good luck.
Other than the fact that this woman is still pursuing legal action against you, which is not so great, the rest of what you have posted sounds positive. I am happy to hear that the woman's petition to the court for a restraining order against you was denied, and I will hope that your motion to dismiss will be granted.
I am also happy to hear that the Humane Society was on top of this matter. They have always had little tolerance for puppy mills. The organization is usually quite aware of the ones operating in this country, and they have always worked diligently to shut them down and rescue the abused and neglected animals. It just sometimes takes them awhile to build up sufficient evidence against the breeders to do so.
And good for Missouri residents for taking a step toward eliminating puppy mills entirely in the state!!
Good luck.
Thanks, Quincy.
Wondering... Is there anything like anti-slapp for cases like this in case they deny the motion to dismiss?
I've found quite a few interesting legal terms in my research for this case... Including slapp (which appears to be for public rallies and public groups only), chilling effect, abuse of process, barratry, bad faith, frivolous...
This summons is full of, for lack of a better term, BS. It claims multiple demands were made prior to the filing, which were ignored and/or refused by me. Lie. It claims that I entered her home and stole files. Lie. It claims that I had and continue to attempt to login to personal email accounts and stole messages. Lie.
There are about 4 counts here and they're all lies. The only purpose of this case is to silence me so that she can continue to rip people off and attempt to drain me financially.
She also hired a person to build a fence around the entire property in an attempt to show that what I was saying was a lie... That she never allows the dogs exercise. However, the fence came well after the suit was filed, which I don't believe proves anything seeing as what I said is that during my time there, I'd never seen the dogs exercising. I also know the person who built the fence, who she talked to about the case and told them that, I'm "going to be sorry, wish I'd never even met her, (too late) and she was going to take everything I owned.
I say good luck with that.. My car is exempt, I don't own the house, we primarily use my girlfriend's bank account, I'm not married and I'm not one for blingy jewelry or fancy fine china. The nicest thing I own is my computer, which may sound funny, but I'm a geek, so it's supposed to be.
Wondering... Is there anything like anti-slapp for cases like this in case they deny the motion to dismiss?
I've found quite a few interesting legal terms in my research for this case... Including slapp (which appears to be for public rallies and public groups only), chilling effect, abuse of process, barratry, bad faith, frivolous...
This summons is full of, for lack of a better term, BS. It claims multiple demands were made prior to the filing, which were ignored and/or refused by me. Lie. It claims that I entered her home and stole files. Lie. It claims that I had and continue to attempt to login to personal email accounts and stole messages. Lie.
There are about 4 counts here and they're all lies. The only purpose of this case is to silence me so that she can continue to rip people off and attempt to drain me financially.
She also hired a person to build a fence around the entire property in an attempt to show that what I was saying was a lie... That she never allows the dogs exercise. However, the fence came well after the suit was filed, which I don't believe proves anything seeing as what I said is that during my time there, I'd never seen the dogs exercising. I also know the person who built the fence, who she talked to about the case and told them that, I'm "going to be sorry, wish I'd never even met her, (too late) and she was going to take everything I owned.
I say good luck with that.. My car is exempt, I don't own the house, we primarily use my girlfriend's bank account, I'm not married and I'm not one for blingy jewelry or fancy fine china. The nicest thing I own is my computer, which may sound funny, but I'm a geek, so it's supposed to be.
quincy
Senior Member
You have the opportunity to refute all the claims made against you when you get to court, if your motion to dismiss is denied. If your motion is denied, it will be because the woman has demonstrated to the court that her case may have some merit.
IF a court suit is eventually decided in your favor, then you may have other options available to pursue, but you should wait on your motion first to see if these other options are even necessary.
You are right that Missouri has an anti-SLAPP statute, but it is tailored, as are most of the anti-SLAPP statutes in states that have them, to specific speech (speech at public hearings and meetings). California's anti-SLAPP statute is probably the broadest of all states. You can check out Missouri Rev Stat §537-528.1-7 for more information on the anti-SLAPP in your state.
The problem with believing you are judgment-proof, due to current lack of assets, is that future wages and assets can also be attached.
Hopefully it will not come to this and your motion to dismiss will be granted by the court.
IF a court suit is eventually decided in your favor, then you may have other options available to pursue, but you should wait on your motion first to see if these other options are even necessary.
You are right that Missouri has an anti-SLAPP statute, but it is tailored, as are most of the anti-SLAPP statutes in states that have them, to specific speech (speech at public hearings and meetings). California's anti-SLAPP statute is probably the broadest of all states. You can check out Missouri Rev Stat §537-528.1-7 for more information on the anti-SLAPP in your state.
The problem with believing you are judgment-proof, due to current lack of assets, is that future wages and assets can also be attached.
Hopefully it will not come to this and your motion to dismiss will be granted by the court.
Well my attorney got everything filed, denied everything in the response except for the city that I live in and put in a motion to dismiss. Still waiting for a response.
In the meantime... This lady posted some stuff about my business, fiancée and myself on the internet. 2 weeks after her restraining order was thrown out, she went onto a complaints website and wrote all kinds of wonderful things; things like I stole all kinds of stuff out of her house, stole software licenses, stole computer files, my fiancée and I apparently threatened her and her daughter, they are now in fear for their lives (when she couldn't convince the judge of any type of fear to support the restraining order), I'm stalking them (another thing she failed to convince the judge of), I've threatened her employees, I've threatened her website designer and that I'm "off the deep end.. super crazy." All of these things can be backed up by [some type of] documentation, she claims.
Personally, I think it's hilarious. Even though she posted it as "a friend of hers," I forwarded it to my attorney. My fiancée doesn't think it's so funny since it shows up on the first page of Google for either of our names.
In the meantime... This lady posted some stuff about my business, fiancée and myself on the internet. 2 weeks after her restraining order was thrown out, she went onto a complaints website and wrote all kinds of wonderful things; things like I stole all kinds of stuff out of her house, stole software licenses, stole computer files, my fiancée and I apparently threatened her and her daughter, they are now in fear for their lives (when she couldn't convince the judge of any type of fear to support the restraining order), I'm stalking them (another thing she failed to convince the judge of), I've threatened her employees, I've threatened her website designer and that I'm "off the deep end.. super crazy." All of these things can be backed up by [some type of] documentation, she claims.
Personally, I think it's hilarious. Even though she posted it as "a friend of hers," I forwarded it to my attorney. My fiancée doesn't think it's so funny since it shows up on the first page of Google for either of our names.
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