Unresponsive to discovery (Defamation for facebook blog)

[dylanh724]

Hi,

Background:
I am being sued for defamation via my facebook blog (www.tinyurl.com/ohiatruth) containing both fair comment and criticism and truth with documentation to support any facts stated. Some have called it "whistleblowing", as they are an intimidating company, a monopoly 3rd party student housing in Waikiki (Honolulu, HI). I posted the blog to let my friends know about the living conditions if they were to live in Hawaii Student housing, like I suffered for an entire year (overcharged for a month, black mold, charged me $250ish for keys I didn't lose, etc). I am a poor student on welfare in Phi Theta Kappa Honors program and on the Dean's List. I have a letter from the student body president stating my positive character.. I, among others, suspect that they were just trying to intimidate me into backing down. What are they going to sue me for if I have no money and no assets in a civil case? They didn't know I'm very business savvy ..

Anyway, I decided to counter-sue with countless complaints, including violations of Chapter 521, the landlord-tenant statute of Hawaii.

But back to the main topic:
I filed a discovery for the production of documents. I asked in the request that they deliver it via mail or email. They responded saying "at a mutual place and time", they will deliver my requested items that they didn't object over. It has now been 5 months overdue. 30 days ago, I sent a letter stating that they are 5 months overdue and to please deliver via mail or email within 20 days. No response.

How do I officially follow up stating that they have no followed through with the discovery? What are my options? I am a poor student on welfare, so please tell me the cheapest way

PS -- If anyone has any further advice to add to my case regarding defamation + facebook, let me know and it'd be greatly appreciated !

 

[Ohiogal]

File a motion to compel with the court asking the Court to order them to produce the discovery.

 

[Willlyjo]

Hi,

Background:
I am being sued for defamation via my facebook blog (www.tinyurl.com/ohiatruth) containing both fair comment and criticism and truth with documentation to support any facts stated. Some have called it "whistleblowing", as they are an intimidating company, a monopoly 3rd party student housing in Waikiki (Honolulu, HI). I posted the blog to let my friends know about the living conditions if they were to live in Hawaii Student housing, like I suffered for an entire year (overcharged for a month, black mold, charged me $250ish for keys I didn't lose, etc). I am a poor student on welfare in Phi Theta Kappa Honors program and on the Dean's List. I have a letter from the student body president stating my positive character.. I, among others, suspect that they were just trying to intimidate me into backing down. What are they going to sue me for if I have no money and no assets in a civil case? They didn't know I'm very business savvy ..

Anyway, I decided to counter-sue with countless complaints, including violations of Chapter 521, the landlord-tenant statute of Hawaii.

But back to the main topic:
I filed a discovery for the production of documents. I asked in the request that they deliver it via mail or email. They responded saying "at a mutual place and time", they will deliver my requested items that they didn't object over. It has now been 5 months overdue. 30 days ago, I sent a letter stating that they are 5 months overdue and to please deliver via mail or email within 20 days. No response.

How do I officially follow up stating that they have no followed through with the discovery? What are my options? I am a poor student on welfare, so please tell me the cheapest way

PS -- If anyone has any further advice to add to my case regarding defamation + facebook, let me know and it'd be greatly appreciated !

Did you make arrangements to meet them at a mutual place and at a mutual agreed time? If so and they didn't respond or cooperate, you can file a motion for sanctions since they are not cooperating with the 'Rules of Court'.

Also, it appears you are eligible for a "Fee Waiver"! If you don't already have one, you should get the paperwork at the Courthouse, fill it out and get a judge to sign it.

 

[tranquility]

I'd look at:
http://www.courts.state.hi.us/docs/court_rules/rules/hrcp.htm
around rule 37.

Since HI seems to have its meet and confer requirements in the Ethics rules rather than Civ Pro, I don't think a meeting is necessary for a pro per before filing.

 

[FlyingRon]

So did you attempt to make an appointment to get the documents as they proposed? They're under no obligation to mail them to you.
The rules of civil procedure just requires them to make them available.

Did you get an order of discovery form the court, if not you'll have to ask for one if they aren't willingly going to respond.
If there are issues with what they think they should be allowed to withhold from discovery,

 

[gator1]

...What are they going to sue me for if I have no money and no assets in a civil case? They didn't know I'm very business savvy ..

Don't make the mistake of trivializing the impact a civil judgment can have on you. A judgment will last a very long time, and may eventually come back to bite you again and again. For example your credit report, and when seeking employment. There is often a ripple effect from these that can make life more difficult for you. And when you grow up and settle down and start to get ahead financially, that judgment may be lurking and waiting for you.

...Anyway, I decided to counter-sue with countless complaints, including violations of Chapter 521, the landlord-tenant statute of Hawaii...

Starting to sound like a lot of nonsense here...

...I filed a discovery for the production of documents. I asked in the request that they deliver it via mail or email. They responded saying "at a mutual place and time", they will deliver my requested items that they didn't object over. It has now been 5 months overdue. 30 days ago, I sent a letter stating that they are 5 months overdue and to please deliver via mail or email within 20 days. No response.

How do I officially follow up stating that they have no followed through with the discovery? What are my options?..

You are over five months into a lawsuit, and it appears you are moving much too slowly up the learning curve, if at all. The poor student on welfare bit, being on the deans list, and letter from a student body president attesting to your character are irrelevant to your defense against liability for defamation.

It may be that you inadvertently crossed the line into libel when making your online comments, and worse yet if any of it can be deemed libel per se. Accusing a business of dishonesty could fall under libel per se. If you made ANY such statements that you cannot backup with proof, that could be a problem for you. The Plaintiff's petition should have been clear about what it based its causes of action for defamation on.

However, if you able to manage it, you can file a Motion for an Order to Compel Discovery together with a proposed order and SCHEDULE A HEARING. Serve this upon the Plaintiffs attorney. That should stir up the pot and start the ball rolling again in your case.

Whether that will be a good or bad thing for you will depend on the merits of the lawsuit against you, the Plaintiffs willingness to pursue it, and your ability to manage it as a pro se.

 

[dylanh724]

So my learning curve isn't that great, that's why I'm here, isn't it? I have two jobs and I go to school full-time and have no legal experience at all. I'm doing my best.. Demoralizing me certainly doesn't help my case. I'm simply trying to be optimistic, so please only include constructive criticism. I just added as much information as possible just in case it could be relevant or the gurus think of something. For instance, a poster above said I qualify for a fee waiver, which is why I added extra information such as my financial status!! So please, only constructive feedback.

As for others, thank you!!!! This helps a LOT.

Everything I said in my blog was in good taste and anything factual is completely backed up. Luckily, my job at the time qualified me for a free hour with an attorney specializing in defamation (yay). He said they have no chance after looking at everything back and forth. In the complaint, they actually did not mention anything specific at all. I also said at the top of my blog that if anything is incorrect, provide evidence and I'd be more than happy to change it. They filed the complaint only 3 days after I received my letter to back off (in other words, they didn't care for a response).

As for dishonesty allegations, I have evidence that shows they overcharged me by a full month's rent (and my roommate, and my friend). They charged me $250ish for a set of keys not lost and they have no forms showing this. I have email proof going back and forth of multiple occurrences. I have pictures of black mold. They took out my full security deposit and even billed me for room being unclean, but I have HD pictures covering 360 of the apartment.

I also contacted RICO and they have confirmed at least 1 major topic relating to security deposits and billing so far. I also gathered 12 witness statements for anything they denied and in 1 press release, the news caught the guy suing me in a lie saying that he is "at or near full capacity" after stating in the complaint that they've severely lost business because of my blog. Caught contradicting himself in a major topic (apparently you can only win a defamation suit if it cost them money/business, if I get it right)

As for the discovery, yes, it was officially filed through the court. I didn't know I had to pick it up myself. I sent a letter following up, but they did not respond (it's been 30 days+ since the follow-up letter).

I also hired an jury for $200 because this case is a ridiculous attempt to silence me and want real people to view my case.

As for the letter of character from someone of prestige, deans list, etc may prove more credibility to my words to stack on top of the 1.5" thick of documents I have to backup with anything I've ever said factually. I also have ~60 statements supporting anything I said in regards to black mold and public opinion (+my photos).

As for "not knowing what i'm talking about" (yea, again, I'm an IT student 2nd year and never been sued before.. thanks..) when quoting about Chapter 521, this is largely part of my counterclaims which is landlord-tenant laws of Hawaii regulated by RICO, which again, has already found 1 major topic that they are not abiding by and counting.

Hope this extra info helps !