It's good that Esquire will not be relying on the wags at birthers.org for legal advice. While "truth is an absolute defense" to a defamation claim, it is certainly not the only defense. Esquire has many other defenses available to it to defeat this idiotic lawsuit.

Besides that, the key "misrepresentation" allegedly committed by Esquire is not a "lie" about Obama's birth certificate. The "lie" that allegedly damaged WND was the statement that WND was pulling Corsi's book.

The birth certificate is irrelevant to the claims in the complaint. Of course we all know that here, but I post for the benefit of our lurking birther friends. How you doing How YOU doon?

This may be the reason there has been no filings on the case - Larry is busy filing another frivolous lawsuit, this time on behalf of a crazy christian homophobe who's upset that someone quoted what he said.

The Muslims are calling for the execution of homosexuals in America. This was just released yesterday and it shows you that they themselves are upholding the laws that are even in the Bible of the Judeo-Christian God. But they seem to be more moral than even the American Christians do because these people are livid about enforcing their laws. They know homosexuality's an abomination. If America won't enforce the laws, God will raise up a foreign enemy to do just that.

Muslims are calling for the execution for homosexuals in America, this was just released yesterday and it shows you that they themselves are upholding the laws that are even in the Bible, the Judeo Christian God. They seem to be more moral than even the American Christians do. Because these people are livid about enforcing their laws, they know homosexuality is an abomination. And I continually reach out to the homosexual communities on this radio show, and I warn them, which ones love? Here you have Obama condemning it behind the backs of the homosexuals but to their faces he's promoting it. I say this to my gay friends out there the ones that continuously nitpick everything I say. Hollywood is promoting immorality and the God of the Heavens in Jesus names is warning you to flee from the wrath to come, yet you have Muslims calling for your execution. If America won't enforce the laws, God will raise up a foreign enemy to do just that's what you're seeing in America today. Read Leviticus 26 America.

Muslims are calling for the execution for homosexuals in America, this was just released yesterday and it shows you that they themselves are upholding the laws that are even in the Bible, the Judeo Christian God. They seem to be more moral than even the American Christians do. Because these people are livid about enforcing their laws, they know homosexuality is an abomination. And I continually reach out to the homosexual communities on this radio show, and I warn them, which ones love? Here you have Obama condemning it behind the backs of the homosexuals but to their faces he's promoting it. I say this to my gay friends out there the ones that continuously nitpick everything I say. Hollywood is promoting immorality and the God of the Heavens in Jesus names is warning you to flee from the wrath to come, yet you have Muslims calling for your execution. If America won't enforce the laws, God will raise up a foreign enemy to do just that's what you're seeing in America today. Read Leviticus 26 America.

1:11-cv-01179-RMC FARAH et al v. ESQUIRE MAGAZINE, INC. et al
Rosemary M. Collyer, presiding
[highlight]Date filed: 06/28/2011[/highlight]
[highlight]Date of last filing: 06/28/2011[/highlight]

Still no activity in the case...

Has Esquire replied? How long do they have before a reply is required?

Just out of the gate they have bungled the case, by captioning a plaintiff that doesn't exist and one of the defendants under the wrong name. That itself won't lead to the dismissal of the case, but merely an embarrassing "captioned incorrectly as" note in rulings.

According to WND, Maddow said:



Here's the video, with the quote at 2:55. The audio makes it sound like it was a continuous statement, but the quotation marks on the screen imply otherwise.

06/28/2011 1[RECAP] COMPLAINT against ESQUIRE MAGAZINE, INC., HEARST COMMUNICATIONS, INC., MARK WARREN ( Filing fee $ 350, receipt number 4616040100) filed by WORLDNETDAILY.COM, JOSEPH FARAH, JEROME CORSI, WND BOOKS. (Attachments: # 1[RECAP] Civil Cover Sheet)(jf, ) (Entered: 06/29/2011)

06/28/2011 Summons (3) Issued as to ESQUIRE MAGAZINE, INC., HEARST COMMUNICATIONS, INC., MARK WARREN. (jf, ) (Entered: 06/29/2011)

08/03/2011 2 Consent MOTION for Extension of Time to File Answer re 1[RECAP] Complaint by ESQUIRE MAGAZINE, INC., HEARST COMMUNICATIONS, INC., MARK WARREN (Attachments: # 1 Text of Proposed Order)(Handman, Laura) (Entered: 08/03/2011)

Interesting. No Return of Service noted on the docket, but...

New Docket Entry...

Plaintiffs agree to delay in dispute over 'Where's The Birth Certificate?'

Esquire magazine, part of the Hearst media empire, has asked for extra time to respond to a lawsuit brought by WND, WND Books, the companies' founder Joseph Farah and author Jerome Corsi over the magazine's faked report claiming that the book "Where's the Birth Certificate? The Case That Barack Obama Is Not Eligible To Be President" had been recalled and repudiated by the publisher.

[...]

The legal action is being taken, Farah added, "not because we desire to restrict First Amendment-guaranteed protections, but because we want to police them and guard them."

[...]

Punctuating the mass of evidence already compiled showing that Esquire's false report damaged sales of "Where's the Birth Certificate," is an email received today by WND from a reader who reports having seen the Esquire report and then dropping her plan to purchase the book.

"I was one of those who had already placed the book in my cart at Amazon, waiting for it to come out, because it intrigued me," she wrote. "But I did see the Esquire piece when it was released … and was very surprised when I saw that. I wondered if it could be true but didn't see anything in the article leading me to believe that it was a prank, so was perplexed. [highlight]I never ended up ordering the book from Amazon because I figured the books were being retracted[/highlight]."

WND: Esquire seeks more time to answer lawsuit over faked report

WND: Esquire seeks more time to answer lawsuit over faked report

This WND reader is in luck: the book is still available on Amazon. (Presently ranked 6,020.)

That the faked report had an impact seems apparent. {snip.....}

The issue was noticed by a WND reader, who reported calling the Borders store in Northridge, Calif., seeking the book. He said in an e-mail:

I called the store and asked if they had the book, "Where's the Birth Certificate?" by Jerome Corsi and the guy laughed at me and said he wasn't sure but he would look for me. He went on to say isn't that outdated being Obama just released his birth certificate and shouldn't they at least rename it. So, I played with him a bit and said the book was far beyond just the birth certificate issue and told him maybe it should be renamed "Where's the Real Birth Certificate?" and he said, why is it fake? I said many people that have examined the online image have stated it was indeed a manipulated document. He said well they must be right, in a smart-a-- tone. Anyway, after that he put me on a hold for a few minutes and then came back on and said he searched and they do not carry the book and said he was just told the publisher pulled the book."

A subsequent telephone call to the store by WND confirmed the conversation, as a clerk said, "I think they pulled it."

"We had it, but I'm almost certain the publisher pulled it," he continued. "They didn't figure anyone would buy the book once the birth certificate was disclosed."

"There's no story here," said a spokeswoman for the Borders corporate headquarters, Mary Davis. "The bookseller saw the headline on the Esquire article below and mistakenly took it as truth. The book was coincidentally out of stock at the store and the bookseller mistakenly attributed that to this headline. Totally innocent on his part."

So far WND's "evidence" is one credulous fan of Corsi and hearsay. Well, that's one book sale lost. Damages? Maybe $3.75. Sounds like this lawsuit will be going the way of the birther litigation.

08/09/2011 3 Letter from Christopher Tilton, Service of Process Head "Let this be filed" by Judge R.M. Collyer (rdj) (Entered: 08/11/2011)

06/28/2011 1[RECAP] COMPLAINT against ESQUIRE MAGAZINE, INC., HEARST COMMUNICATIONS, INC., MARK WARREN ( Filing fee $ 350, receipt number 4616040100) filed by WORLDNETDAILY.COM, JOSEPH FARAH, JEROME CORSI, WND BOOKS. (Attachments: # 1[RECAP] Civil Cover Sheet)(jf, ) (Entered: 06/29/2011)

06/28/2011 Summons (3) Issued as to ESQUIRE MAGAZINE, INC., HEARST COMMUNICATIONS, INC., MARK WARREN. (jf, ) (Entered: 06/29/2011)

08/03/2011 2 Consent MOTION for Extension of Time to File Answer re 1[RECAP] Complaint by ESQUIRE MAGAZINE, INC., HEARST COMMUNICATIONS, INC., MARK WARREN (Attachments: # 1 Text of Proposed Order)(Handman, Laura) (Entered: 08/03/2011)

08/04/2011 MINUTE ORDER granting 2 Defendants' Motion for Extension of Time to Answer the Complaint. Defendants Hearst Communications, Inc. and Mark Warren shall answer or otherwise reply to the Complaint no later than September 6, 2011. Signed by Judge Rosemary M. Collyer on 8/4/2011. (lcrmc1) (Entered: 08/04/2011)

08/04/2011 Set/Reset Deadlines/Hearings: Hearst Communications, Inc. and Mark Warren's[highlight]answer due by 9/6/2011[/highlight]. (cdw) (Entered: 08/08/2011)

08/09/2011 3[RECAP] Letter from Christopher Tilton, Service of Process Head "Let this be filed" by Judge R.M. Collyer (rdj) (Entered: 08/11/2011)

New Docket Entry...

New Docket Entry...

Hilarious

08/26/2011 4 MOTION to Dismiss and Special Motion to Dismiss by HEARST COMMUNICATIONS, INC., MARK WARREN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Kristina E. Findikyan, # 4 Exhibit 1 to Findikyan Declaration, # 5 Exhibit 2 to Findikyan Declaration, # 6 Exhibit 3 to Findikyan Declaration, # 7 Exhibit 4 to Findikyan Declaration, # 8 Exhibit 5 to Findikyan Declaration, # 9 Exhibit 6 to Findikyan Declaration, # 10 Exhibit 7 to Findikyan Declaration, # 11 Exhibit 8 to Findikyan Declaration, # 12 Exhibit 9 to Findikyan Declaration, # 13 Exhibit 10 to Findikyan Declaration, # 14 Exhibit 11 to Findikyan Declaration, # 15 Exhibit 12 to Findikyan Declaration, # 16 Exhibit 13 to Findikyan Declaration, # 17 Exhibit 14 to Findikyan Declaration, # 18 Exhibit 15 to Findikyan Declaration, # 19 Exhibit 16 to Findikyan Declaration, # 20 Exhibit 17 to Findikyan Declaration, # 21 Exhibit 18 to Findikyan Declaration, # 22 Exhibit 19 to Findikyan Declaration, # 23 Exhibit 20 to Findikyan Declaration, # 24 Exhibit 21 to Findikyan Declaration, # 25 Exhibit 22 to Findikyan Declaration, # 26 Exhibit 23 to Findikyan Declaration, # 27 Exhibit 24 to Findikyan Declaration, # 28 Exhibit 25 to Findikyan Declaration, # 29 Exhibit 26 to Findikyan Declaration, # 30 Exhibit 27 to Findikyan Declaration, # 31 Exhibit 28 to Findikyan Declaration, # 32 Exhibit 29 to Findikyan Declaration, # 33 Exhibit 30 to Findikyan Declaration, # 34 Exhibit 31 to Findikyan Declaration, # 35 Exhibit 32 to Findikyan Declaration, # 36 Exhibit 33 to Findikyan Declaration, # 37 Exhibit 34 to Findikyan Declaration, # 38 Exhibit 35 to Findikyan Declaration, # 39 Exhibit 36 to Findikyan Declaration, # 40 Exhibit 37 to Findikyan Declaration, # 41 Exhibit 38 to Findikyan Declaration, # 42 Exhibit 39 to Findikyan Declaration, # 43 Exhibit 40 to Findikyan Declaration, # 44 Exhibit 41 to Findikyan Declaration, # 45 Exhibit 42 to Findikyan Declaration, # 46 Exhibit 43 to Findikyan Declaration, # 47 Exhibit 44 to Findikyan Declaration, # 48 Exhibit 45 to Findikyan Declaration, # 49 Exhibit 46 to Findikyan Declaration)(Handman, Laura) (Entered: 08/26/2011)

08/26/2011 5 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HEARST COMMUNICATIONS, INC. (Handman, Laura) (Entered: 08/26/2011)

08/26/2011 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristina E. Findikyan, :Firm- the Hearst Corporation, :Address- 300 West 57th Street, 40th Floor, New York, New York 10019. Phone No. - (212) 649-2009. Fax No. - (212) 649-2035 by HEARST COMMUNICATIONS, INC., MARK WARREN (Attachments: # 1 Declaration of Kristina E. Findikyan, # 2 Text of Proposed Order)(Handman, Laura) (Entered: 08/26/2011)

08/26/2011 7 MOTION to Stay Discovery and Rule 26 Disclosures by HEARST COMMUNICATIONS, INC., MARK WARREN (Attachments: # 1 Text of Proposed Order)(Handman, Laura) (Entered: 08/26/2011)

08/30/2011 MINUTE ORDER granting 6 Defendants' Motion for Leave to Appear Pro Hac Vice. Attorney Kristina E. Findikyan is now admitted pro hac vice to this Court for this matter. Signed by Judge Rosemary M. Collyer on 8/30/2011. (lcrmc1) (Entered: 08/30/2011)

08/31/2011 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan R. Donnellan, :Firm- the Hearst Corporation, :Address- 300 West 57th Street, 40th Floor, New York, New York 10019. Phone No. - (212) 649-2051. Fax No. - (646) 280-2051 by HEARST COMMUNICATIONS, INC., MARK WARREN (Attachments: # 1 Declaration of Jonathan R. Donnellan, # 2 Text of Proposed Order)(Handman, Laura) (Entered: 08/31/2011)

09/09/2011 9 MOTION for Extension of Time to File Response/Reply to Defendants' Motions by JOSEPH FARAH (Klayman, Larry) (Entered: 09/09/2011)

09/09/2011 10 MOTION for Extension of Time to File Response/Reply to Defendants' Motions by JOSEPH FARAH (Klayman, Larry) (Entered: 09/09/2011)

09/12/2011 MINUTE ORDER granting 8 Defendants' Motion for Leave to Appear Pro Hac Vice. Attorney Jonathan R. Donnellan is now admitted pro hac vice to this Court for this matter. Signed by Judge Rosemary M. Collyer on 9/12/11. (lcrmc1) (Entered: 09/12/2011)

09/12/2011 MINUTE ORDER granting 10 Plaintiffs' Amended Motion for Extension of Time to File Response/Reply. Plaintiffs shall reply to the 4 Motion to Dismiss and Special Motion to Dismiss and 7 Motion to Stay Discovery and Rule 26 Disclosures no later than September 23, 2011. Signed by Judge Rosemary M. Collyer on 9/12/11. (lcrmc1) (Entered: 09/12/2011)

09/12/2011 Set/Reset Deadlines/Hearings: Reply to 4 and 7 due by 9/23/2011. (cdw) (Entered: 09/13/2011)