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PostPosted: Fri Sep 16, 2011 9:20 pm 
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Farah's lawyer is bizzy. Tomorrow is his massive "Assault on Washington" that is going to bring down the president.

viewtopic.php?f=25&t=6345

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PostPosted: Sat Sep 17, 2011 8:31 am 
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Sterngard Friegen wrote:
I hope Farah is paying his lawyer hourly and that his lawyer wasn't stoopid enough to take this dog on a contingency.


Au contraire, mon frère. I hope his lawyer was stupid enough to take this dog on a contingency, so that it might set an example. While I like to see worms like Corsi squirm on the hook, I'd prefer to strip them of their enablers.

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PostPosted: Mon Sep 26, 2011 12:20 pm 
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WND filed its response to Defendant's Motion to Dismiss.

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PostPosted: Mon Sep 26, 2011 12:35 pm 
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I love Klayman's lie right at the beginning, in a paean to his scurrilous clients:
Quote:
Plaintiffs are world-renowned authors and publishers who have consistently and comprehensively covered the issues related to President Obama’s eligibility to be president and the validity of his birth certificate.

This leads me to believe he's charging them hourly for his "services."

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PostPosted: Mon Sep 26, 2011 12:41 pm 
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I've also uploaded the Brief Supporting Defendants' Motion to Dismiss

Here's an insightful line, explaining why WND consented to extending the time for Defendants to respond:

Quote:
Plaintiffs attempted but failed to serve defendants Hearst Communications, Inc. and Mark Warren. fn6 On July 25, 2011, Defendants accepted service in exchange for an extension of time to answer or otherwise respond to the Complaint to and including September 6, 2011.

fn6 - 6 Plaintiffs failed to serve a Summons on Hearst Communications, a requisite to proper service under the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(c). Plaintiffs also failed to serve Mark Warren properly. Plaintiffs sent a copy of the Summons and Complaint to Mr. Warren via certified mail, however, he never signed for nor received it when it was delivered to Hearst Corporation’s New York address on July 14, 2011.


Larry Klayman can't even serve a well-known corporate defendant in a $100 million lawsuit.

At one point in the brief, they cite as support another defamation claim that Larry Klayman lost.

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PostPosted: Mon Sep 26, 2011 1:08 pm 
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Sterngard Friegen wrote:
I love Klayman's lie right at the beginning, in a paean to his scurrilous clients:
Quote:
Plaintiffs are world-renowned authors and publishers who have consistently and comprehensively covered the issues related to President Obama’s eligibility to be president and the validity of his birth certificate.

This leads me to believe he's charging them hourly for his "services."


If the plaintiffs are world-renowned authors and publishers, how can he argue in another section of his brief that they are not public figures? I am confuzzled.

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PostPosted: Mon Sep 26, 2011 1:12 pm 
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esseff44 wrote:
If the plaintiffs are world-renowned authors and publishers, how can he argue in another section of his brief that they are not public figures? I am confuzzled.


I believe it is the same logic that allows WND to argue that book sales were damaged by Esquire while also stating:

Quote:
It is also reasonable that readers would demand refunds after the credibility and accuracy of the book have been attacked.


(In this case, attacked by the President himself through release of the LFBC)

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PostPosted: Thu Oct 20, 2011 4:44 pm 
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I notice on PACER that Esquire filed its Reply in support of its Motion to Dismiss earlier this week.

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PostPosted: Thu Nov 03, 2011 12:41 pm 
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Oh, the irony: WND: 1ST AMENDMENT UNDER FIRE: Politician's claim of 'defamation' pushed to appeals court

Defeated member of Congress suing an organization that (allegedly) said untrue things about him: Attacking the 1st Amendment.*

WND suing magazine for satirical article: Defending the 1st Amendment.


* So you won't have to read the article: District judge denied defendant's (a pro-life group) motion for summary judgment but certified the issue for an interlocutory appeal.

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PostPosted: Sun Nov 20, 2011 9:55 pm 
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Loren wrote:
I notice on PACER that Esquire filed its Reply in support of its Motion to Dismiss earlier this week.

I don't recall reading a post about motions, hearings, rulings, etc for this lawsuit for about a month now. Have there been any additions on PACER? Thanks in advance.

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PostPosted: Sun Nov 20, 2011 10:12 pm 
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Joseph Robidoux III wrote:
I don't recall reading a post about motions, hearings, rulings, etc for this lawsuit for about a month now. Have there been any additions on PACER? Thanks in advance.


I checked, and nothing's been filed since October.

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PostPosted: Tue Dec 13, 2011 6:59 pm 
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Apropos of nothing, it's been another few weeks, and there still haven't been any new filings in the case since October 17.

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PostPosted: Tue Jan 17, 2012 12:57 pm 
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It's been three months since the last filing in the case. Still nothing new.

Except perhaps this news story about Larry Klayman. You see, it appears that Mr. Klayman is broke. Really broke. Rolling-pennies-for-gas broke.

He was ordered by a mediator to refund $5,000 paid by a client, and he said he couldn't. He wrote:

Quote:
I have and have had very little funds, as my financial situation continues to be dire. I do not own any investments or retirement plans and just have a few pieces of jewelry and clothing, a television, a radio, a bed and clothing and shoes. I rent my apartment. The jewelry is a watch which is of negligible value, and consists of a watch and a ring valued currently under $200.00.


The Florida bar issued him a public reprimand last year.

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PostPosted: Tue Jan 17, 2012 1:25 pm 
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So Rachel Maddow can rest easy now? Last I heard of Larry, he filed suit against her on behalf of anti-gay heavy metal preacher, Bradlee Dean.

whew.

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PostPosted: Thu Feb 09, 2012 3:55 pm 
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Something happened!

Quote:
MINUTE ORDER granting [7] Defendants' Motion to Stay discovery and the parties' obligations under Fed. R. Civ. P. 26 pending the Court's ruling on [4] Defendants' special motion to dismiss. Signed by Judge Rosemary M. Collyer on 1/30/2012. (KD)


Also, Larry Klayman submitted a Motion asking for a telephone status hearing. And he signed it in the traditional Orly fashion: "/s/". Just "/s/".

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PostPosted: Thu Feb 09, 2012 4:02 pm 
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Loren wrote:
Something happened!

Quote:
MINUTE ORDER granting [7] Defendants' Motion to Stay discovery and the parties' obligations under Fed. R. Civ. P. 26 pending the Court's ruling on [4] Defendants' special motion to dismiss. Signed by Judge Rosemary M. Collyer on 1/30/2012. (KD)


Also, Larry Klayman submitted a Motion asking for a telephone status hearing. And he signed it in the traditional Orly fashion: "/s/". Just "/s/".


Wha? Joey won't give him any traveling money?

Cheap-ass.


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PostPosted: Thu Feb 09, 2012 4:02 pm 
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Loren wrote:
Something happened!

Quote:
MINUTE ORDER granting [7] Defendants' Motion to Stay discovery and the parties' obligations under Fed. R. Civ. P. 26 pending the Court's ruling on [4] Defendants' special motion to dismiss. Signed by Judge Rosemary M. Collyer on 1/30/2012. (KD)


Also, Larry Klayman submitted a Motion asking for a telephone status hearing. And he signed it in the traditional Orly fashion: "/s/". Just "/s/".


So can anything be inferred by this granting of a stay, or is it pretty much SOP?

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PostPosted: Thu Feb 09, 2012 4:12 pm 
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DaveMuckey wrote:
Wha? Joey won't give him any traveling money?

Cheap-ass.


Actually, I took another glance at Larry's Motion, and noticed something odd about the request, at least in the context of the Motion itself:

http://www.scribd.com/doc/81095760

The Motion says "Plaintiff respectfully requests a telephonic status hearing in the above styled case, as Plaintiff's Counsel is located in Los Angeles, CA."

The signature, however, reads: "Klayman Law Firm, 2020 Pennsylvania Ave. NW #345, Washington, DC"

And the court? The District Court of Washington D.C.

(Also, FWIW, the Judge granted the Motion in part, saying that there are no status hearings scheduled, but Larry will be allowed to attend by telephone if any come up.)

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PostPosted: Thu Feb 09, 2012 4:13 pm 
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BFB wrote:
So can anything be inferred by this granting of a stay, or is it pretty much SOP?


It's pretty standard, especially in federal court. But the fact that the judge finally ruled on this months-old motion might mean that there could be some other movement in the case soon.

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- Stephen Jay Gould

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PostPosted: Thu Feb 09, 2012 4:36 pm 
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Loren wrote:
BFB wrote:
So can anything be inferred by this granting of a stay, or is it pretty much SOP?


It's pretty standard, especially in federal court. But the fact that the judge finally ruled on this months-old motion might mean that there could be some other movement in the case soon.


Now, as I recall, Corsi was waddling around saying that Porn 'Stache was going to own Esquire when this was all done.

I wonder what flavor tears Corsi squirts.

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PostPosted: Thu Feb 09, 2012 4:39 pm 
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BFB wrote:
I wonder what flavor tears Corsi squirts.

[-X Yucx! -- When you put it that way -- Yucx! [-X

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PostPosted: Sat Feb 25, 2012 9:31 pm 
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WND posted about "Good News" regarding this case. But, it was nothing directly about this case.

Quote:
WND gets good news in suit against Esquire
Magazine facing $250 million action for false report
Published: 22 hours ago

A federal court’s recent ruling that the District of Columbia’s anti-defamation statute does not apply in federal cases could help move forward a federal lawsuit brought by WND against Esquire magazine for its false report that the WND Books expose “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 WND case is being held up because Esquire has filed a motion to dismiss based on D.C.’s anti-SLAPP law, which is designed to protect media and public figures from frivolous lawsuits.

But the U.S. District Court in Washington, D.C. ruled Feb. 2 in a case brought by the multinational corporation 3M against former Bill Clinton adviser Lanny Davis that D.C.’s anti-SLAPP law does not apply in federal cases.

WND’s attorney, Larry Klayman, said he has notified Judge Rosemary Collier of the ruling in the Davis-3M case and urged her to apply it to WND’s case and deny Esquire’s special motion to dismiss.


remainder:
http://www.wnd.com/2012/02/wnd-gets-goo ... t-esquire/


What's the deal with this case now? Is stuff happening finally? Or is Joey just blathering on?

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PostPosted: Wed Mar 07, 2012 6:25 pm 
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On February 20, WND filed a 55-page notice with the court, which appears to have been the decision in 3M v. Boulter, mentioned in the post above. I didn't feel like paying to download that.

However, I did decide to download Esquire's Notice of Additional Authority, which I've uploaded here:

http://www.scribd.com/doc/84379628

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PostPosted: Wed Apr 18, 2012 9:43 am 
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Larry Klayman is (somewhat understandably) impatient. He filed a 'Motion to Vacate' on Monday, asking the Court to allow the case to move forward:

Quote:
EXPEDITED MOTION TO VACATE STAY ORDER OF JANUARY 30, 2012 AND REQUEST FOR TELEPHONIC STATUS CONFERENCE

On January 27, 2012, Plaintiffs respectfully requested a telephonic status conference (Docket No. 13). Three days later, on January 30, 2012 this Court granted Defendants' Motion to Stay Discovery Pending the Court's Ruling on Defendants' Special Motion to Dismiss. Plaintiffs hereby respectfully renew their motion for a telephonic status conference and move to vacate the Stay Order.

This Court has stayed discovery based on the DC Anti-SLAPP statute. This statute has recently been held inapplicable in this District Court. 3M Corporation v. Boulter, No. 11-cv-1527 (RLW) (D.D.C.).Thus, the Stay Order should respectfully be immediately vacated and Defendants' Special Motion to Dismiss should respectfully be disposed of as soon as practicable. This case must respectfully move forward and the sides should set a time for a discovery conference as provided in Rule 26 of Fed. R. Civ. P. The complaint in this action was filed June 28, 2012, about ten months ago, and Plaintiffs would like to move forward, especially since there is continuing harm being caused by Defendants. Plaintiffs respectfully request a telephonic status conference in the next days so the Court can set up a timetable for proceeding forward with the case.


On the one hand, I do kinda empathize with his impatience. The Motion to Dismiss *was* filed eight months ago.

On the other hand, this Motion seems to be presuming that the Judge will deny the Motion to Dismiss. It's one thing to request a status conference because of the delay; it's another to declare at the same time that the law is so firmly on his side that the Court should grant *this* Order before it's even ruled on the other one.

Klayman also has another problem depending on how the Judge rules. Klayman made only one federal claim, a trademark-related claim under the Lanham Act. There's a good chance that's gonna be tossed. If that happens, with no federal issues in the case, the only basis for federal jurisdiction is diversity. And because both Hearst and WND are incorporated in Delaware, there's not complete diversity. Esquire could move to have the case transferred to the state courts of Delaware...where they DO have an anti-SLAPP statute that would apply. So then Esquire could file another Motion to Dismiss.

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- Stephen Jay Gould

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PostPosted: Thu Apr 26, 2012 10:04 pm 
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ESQUIRE DRAGGING FEET IN WND LAWSUIT

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