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| Jon's attorney, Shawn Tuma |
Attorney and computer fraud expert Shawn Tuma's fantastic Federal Rules of Court 12(b)(6) Motion to Dismiss can be read in full here (if the link doesn't work trying reading the mirror on our site). Tuma rips Kate's initial complaint to bits, explaining why the lawsuit fails on multiple grounds, including statute of limitations, and accusations the lawsuit is a fishing expedition and doesn't come anywhere close to meeting all the elements of the various causes of action alleged.
"The timeline of the case is straightforward. In 2009, Plaintiff was aware of allegations that “Jon Gosselin 'hacked' into her e-mails, phone, and online accounts,” she was profoundly disturbed by them, and she was “carefully considering all of her legal options regarding this matter, and she [would] pursue them if and when the time is right."5 Now, roughly four years later, Plaintiff has apparently determined that the time is right. Indeed, the Complaint was filed one month prior to the release of her new cookbook. However, all of Plaintiff’s claims, except for the Identity Theft claim, are governed by a statute of limitations of two years or less and are time-barred. These seven claims should be dismissed with prejudice."
445 sediments (sic) from readers:
«Oldest ‹Older 401 – 445 of 445 Newer› Newest»I sent Robert's response to Admin. Maybe she's poring over it and preparing the next post. He denies nearly everything except that Kate is the mother of eight, count 'em, eight children.
This paragraph from Tuma's About Me page is all I need to know about the man and his heart and perhaps his reasoning for taking Jon on as a client.
"First, the Parable of the Talents found in the Bible, Matthew 25:13-30, which has always compelled me to use to the very best of my ability the talents, abilities, resources, and blessings that God has given me. “For the man who uses well what he is given shall be given more, and he shall have abundance.” Matthew 25:29. To try and live in a way that honors this mission makes it very easy to find the drive and motivation to do my very best in all that I do."
admin, is this correct? I am thinking with these expert attorneys involved, they are not going to want the complaint simply withdrawn. They WANT the judge to issue some type of ruling to make sure TFMJG will not be able to bring this up ever again. And also to establish some kind of precedent that can be used to establish case law? or is it case rules?
I'm not an attorney and I don't even play one on TV, so the concepts are complex to understand. What I DO understand is that TWO, count'em, TWO heavy hitter expert attorneys have shown up, seemingly out of the blue, to take on the response to TFMJG complaint. TFMJG is, by all accounts, much too self centered to comprehend what this means. I am assuming the attorneys involved don't care much about doing anything to her specifically, but their big concern is establishing precedents regarding these somewhat fuzzy laws about internet freedom of speech.
Does that correctly summarize things? If not, can you elaborate for those of us still kind of fuzzy about things please.
Jane said... 195
Whenever I see the name Razzamatazz, I picture him walking up to the judges bench and going into a jazz hands routine.
((((((
Me too it makes me giggle every time.
Am I the only one who thinks the whole lawsuit against JG and RH is a ruse to use the tools of discovery to obtain identities of the "Does"?
It goes against the good faith standard that is generally applied when issuing Doe subpoenas.
In the wiki entry explaining a Doe subpoena it says, "Under a good faith standard, plaintiffs are simply required to show that their claim is made in good faith and not with the intent to harass the Doe defendant."
It just seems to me that there is strong intent to harass the Does judging by what I read on Twitter.
I'm going to pop in and say my husband and I were talking about this last night and first off we think a trip to where Jon works is in order - complete w/ large tips. Secondly, he would change his vacation time in order to sit in court with me to watch this takedown happen he can't stand TFW and the way Jon has been treated by her.
Over And Out said... 197
On the human interest side, looking back with Mr. Garbus. Nice story!
http://nymag.com/news/intelligencer/encounter/57470
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Aww, that sounds like the corner store my mom worked at as a teen in the 50's in North Jersey! That being said, check out these exerpts:
"The fearsome First Amendment lawyer" (that explains a lot: Freedom of Speech)
"his formidable reputation as one of the country’s leading First Amendment lawyers"
"Over the course of his long career—most famously, he defended Daniel Ellsberg—he’s been shot at, threatened, and jailed."
(Daniel Ellsberg released the Pentagon Papers)
"Liz, whose documentary about her father, Shouting Fire: Stories From the Edge of Free Speech, airs June 29 on HBO, says he has always sided with the underdog. “If somebody was getting screwed, he felt he needed to go fight for them, even if it was to his detriment.'”
YEP No doubt he is doing this to defend a person's right to free speech, and because RH is definately the underdog to Looney Bin Jim's terroristic tactics. IMO
I figuered this out... TFW is Roxie Hart - and Razzamataz is Billy Flynn.
She's doing this for notoriety and it's going to bite her big time in her flat backside.
Give 'em the old Razzle Dazzle....
http://www.youtube.com/watch?v=TnO7jL_b8rQ
Me three with the jazz hands! Props to whoever came up with that nickname.
I'm wondering if TFW is currently soliciting a new attorney for her lawsuit. Is she begging for a new one on twitter yet?
Sidline Sally, they already know and have the IPs of almost everyone on Twitter thanks to Lisa. The Does referenced are to protect the plaintiff if another accomplice is 'discovered' and to threaten and scare the haters.
"Whenever I see the name Razzamatazz, I picture him walking up to the judges bench and going into a jazz hands routine."
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The old Billy Flynn routine!
I still have to laugh when I think of the sheeple's tweet that Robert better get an attorney. Priceless!
"She doesn't recognize the names of the two attorneys..."
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Not yet. She will. She can search the internet and then do the "holy s%$t" thing. Oh, wait. Maybe not. She still hasn't figured out how to google an error code for a washing machine.
Berks Neighbor said... 9
I'm going to pop in and say my husband and I were talking about this last night and first off we think a trip to where Jon works is in order - complete w/ large tips.
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Road trip!
When we meet for the trial, I expect everyone to be able to perform this ode to Razzmatazz.
http://www.youtube.com/watch?v=xuPSIbABYVU
Jane Doe said... 14
Sidline Sally, they already know and have the IPs of almost everyone on Twitter thanks to Lisa. The Does referenced are to protect the plaintiff if another accomplice is 'discovered' and to threaten and scare the haters.
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Yes they have the IPs but one can't go to the Internet service providers and say, "We need the identities of the people behind these IPs because they are being mean on the internet." But now that there is a lawsuit, they CAN; the ISPs have likely been served with subpoenas to hand over the true identities of people. Then the "Does" will be specifically named in the suit.
Naming Does isn't only "just in case more defendants are discovered", however it's likely that is why up to 20 were referenced in the original filing. But they are called John/Jane Doe because their identities are unknown at the time of the filing. The intent is to find their identities during discovery.
Memorandum for TFW: This is why WE never wanted to take this to court.
Sincerely - Laverne & Shirley.
Speaking of attorneys, not too long ago I was watching one of the crime shows and got to thinking what attorney I would want to represent me if I ever got into trouble! Garbus popped up first, followed by Gerry Spence (Karen Silkwood case), who hasn't lost a civil case since 1969. He might be retired by now...all of these guys are really getting up there in years.
Jane Doe said... 14
Sidline Sally, they already know and have the IPs of almost everyone on Twitter thanks to Lisa. The Does referenced are to protect the plaintiff if another accomplice is 'discovered' and to threaten and scare the haters.
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I'm confused. Are you saying the Does are some of the more vocal haters and they'll be used to bolster Kate's case? This is about computer theft and fraud. I'm not getting the connection. I do understand there may be another lawsuit in the works that BV's bringing to show that the haters caused Kate to lose work. Or at least that's the Twitter gossip.
Meet Me in Philly said... 1
Local, I'm an old friend from Twitter (we spoke on the phone once ;)and I will see you there! I think everyone involved on the side of Jon and Robert is hoping this goes to trial.
localyocul said... 2
As a local, I would take vacation days for the honor of sitting in the courtroom to watch this unfold! Robert, Jon, you have my respect. Carry on!
(((((((
Me too! I have loootttss of vacation time
Berks Neighbor said... 9
I'm going to pop in and say my husband and I were talking about this last night and first off we think a trip to where Jon works is in order - complete w/ large tips. Secondly, he would change his vacation time in order to sit in court with me to watch this takedown happen he can't stand TFW and the way Jon has been treated by her.
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I hope you all can go and give us a play by play report. Maybe even blog live? Justice finally!
Goody's back at it again...
MsGoody2Shoes21 @msgoody2shoes21 32m
One of the worst things Jon Gosselin has done to hurt the mother of his children is befriending Robert Hoffman. #VeryBadMove @Kateplusmy8
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I hope you all can go and give us a play by play report. Maybe even blog live? Justice finally!
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LOL. I would so report this Nancy Grace parody style and have various correspondents stationed out there, outrageous hashtags, and some talking heads in studio.
Anonymous said: Memorandum for TFW: This is why WE never wanted to take this to court.
Sincerely - Laverne & Shirley.
xxxxxxxxxxxxxxxxxxxxxxxxxxx
Spot On! I'd love to hear Razzmatazz one the phone ripping BV a new one. "You told me Jon and Robert are penniless and this would be a slam dunk! WHAT. THE. HELL!"
A nanny is be definition hired help.
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It's disrespectful to the person caring for your children to call them just the hired help just like it would be disrespectful to anyone to strip them of their real title at work. I hold no anger--I was always called what I was: our nanny.
Am I the only one who thinks the whole lawsuit against JG and RH is a ruse to use the tools of discovery to obtain identities of the "Does"?
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I guess I thought it was the opposite. That going after the does/"haters" was a ruse to try to get to Jon. I think what happened is they were so delusional about him part of some grand conspiracy they were SURE they would uncover something. When they never did they went ahead and sued Jon anyway and kind of dropped the whole hater thing. But, to save face they have to keep pretending oh sure it's about the haters. When the lawsuit has nothing whatsoever to do with that at all.
I think the whole thing was about getting Jon from day one. I"m actually a little surprised we didn't realize that sooner. We're usually pretty astute about stuff like that.
Sideline Sally said... 8
Am I the only one who thinks the whole lawsuit against JG and RH is a ruse to use the tools of discovery to obtain identities of the "Does"?
(((((((
No you're not the only one. TFW's statement said that the investigation into online haters led to Jon and she saw no reason to change course due to that. The fact that her motion was so poorly written makes it so confusing but it seems to me that it is saying that they conspired with online haters to keep her from getting work.
It's a fishing expedition.
I think when they uncovered the IPs they really thought they would find Jon and Robert's IPs all over it. When they didn't all they had left was to sort of complain about people posting multiple times, even though much like this blog that blog was sort of like a "chat room" style. Those people tweet just as much as they accuse others of posting, so. That said, I'm trying to figure out what law says that you can't post on a blog. Lots of stars do that either as themselves or as ghost writers. If I recall the Little People were pretty blog happy at least at one point. They've been pretty active on the sites on the internet.
What's funny is didn't Jon say he doesn't even have internet? LOL
Realitytvkids.com (Administrator) said... 28
I think when they uncovered the IPs they really thought they would find Jon and Robert's IPs all over it.
((((((
I agree. I think they thought one or two of the big haters was J and/or R, and that they expected to find them posting at RWA.
"Liz, whose documentary about her father, Shouting Fire: Stories From the Edge of Free Speech, airs June 29 on HBO, says he has always sided with the underdog. “If somebody was getting screwed, he felt he needed to go fight for them, even if it was to his detriment.'”
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I couldn't find this on HBOgo and I thought Go was a complete archive of everything they've ever aired. Bummer!
I love the reference in the title, shouting fire in a crowded movie theater which is mentioned in a seminal Supreme Court case about free speech. Can't remember which one.
I agree. I think they thought one or two of the big haters was J and/or R, and that they expected to find them posting at RWA.
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This is where rational and logical thinking kind of gets pushed aside. People get it in their head things are a certain way and then can't get out of it, and now, they're in a HUGE mess because no one slowed down and took a deep breath and considered all the consequences that could come to pass (one consequence being, the defendants would hire the very top experts in the field)
When you look at the big picture, the idea either of them post there is really unlikely. And sure enough, they didn't.
Remember I said if at all possible you should never sue someone? This is one reason why. Next thing you know they've got the best more aggressive lawyers in the country and you're way in over your head and peeing your pants. This is one way it can roll once you open the door on litigation. Their big mistake is assume this would go like last time with a default.
Shoulda worked it out over coffee. Oops.
Admin, I emailed you Robert's response. Did you receive it?
Meet me in Philly thanks I got Robert's answer I'm trying to figure out how to get a pdf on the site here.
Robert's response is not a 12b6. His is just a straight answer where he denies the allegations and asserts his defenses: Statute of Limitations, First Amendment because information was true, opinion and a matter of public interest (that's what we said lol) failure to state a claim upon which relief can be granted.
Two different interesting approaches.
So in essence, TFW filed a lawsuit saying "The whole world hates me and is out to get me and I can no longer be the Queen I am entitled to be and it is all somehow Jon's Fault. Punish him severely because I require it and find lots of money to give me."??
Sounds about right.
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To which Shawn and Martin scratched their heads and said: "Um, failure to state a claim on which relief can be granted?"
I wonder if Sinatra's My Way is playing in a loop in FW's head this morning. I'd imagine she always thought that was her theme song.
Dmasy said... 181
Someone will have to carefully and SLOWLY explain to her exactly what is happening.
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It might be helpful if they were to write it out in big letters, in the form of a list, on a very large post-it note, stuck to the cupboard door.
TFW doesn't have TLC's backing and their top lawyers for her use now either. I think that makes a huge difference with this current lawsuit. And the two lawyers representing Jon and Robert are most likely looking forward to a trial.
You know what this really boils down to? There are things TFW and her fans don't like about how life has shaken out for her, though most of it was her own doing. But what happened is somewhere along the way they thought a lawsuit was going to fix everything right again. They simply never considered any other option. This was the end all be all.
As if you can just sue because you're upset or unhappy about something. It doesn't work that way. There are hundreds of thousands of bad things that can happen to a person in which no lawsuit will lie. To SUE, you've got to come up with a cause of action that is supported by the evidence, details what your damages are, hasn't blown the SOL, and is airtight.
They failed to do that, and this is the consequence.
Robert's response is not a 12b6.
(((
Is a 12b6 Motion to Dismiss?
Where did Meet Me get the response? Just curious
You keep a journal of your sadistic abuse of your children, you run the risk of being found out. Go cry in your Kate Salad.
Winsome (196)
In Jon's MTD, it states he was the one who backed up the information, and later it is described how he backed everything up one last time as the hard drive was failing. I took that to imply there were older backups in existence, which would explain why she still had those images, and perhaps why she felt the latest discs were trash (she already had copies of the information she valued).
Suddenly wishing I was closer to the action, so I could join the party, watch the case in person (can we reserve a bench?) and meet up at Jon's restaurant. Never had rumspringa.. is it worth tracking down for a taste?
Philly emailed Shawn just to say thanks for taking this case on and Shawn forwarded the Answer, which is public record and available elsewhere but we've been unable to find out where. Thanks Shawn. New post with Robert's Answer.
We need to start coming up with the hashtags for the big event.
You know the #totmom and #deadbabyintrash types. (Real hashtags)
Admin. Thank you for posting Jon's lawyer's response on your sidebar because I couldn't get into it to read otherwise. I hope you can also post something similar to Robert's lawyer's response. Thank you.
Realitytvkids.com (Administrator) said... 43
We need to start coming up with the hashtags for the big event.
You know the #totmom and #deadbabyintrash types. (Real hashtags)
_________
#Rober&JonPluslawyers
#Rober&JonPluslawyers
LOL!
#TFWplusthedrain
Ok I put Robert's Answer up.
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