Re: 4/10/01 - [TVCP] Johndoes.org: Court Affirms Earlier Ruling In John Does Case
LesLFrench
Veteran Reporter
User # 3
User Rated:
posted 04-10-2001 06:51 PM
--------------------------------------------------------------------------------
A U.S. District Court Judge has affirmed an earlier federal magistrate's ruling that Les L. French, co-founder of John Does Anonymous Foundation ("Foundation"), is indeed entitled to appear, answer, and assert claims against Michael J. Zwebner and others in a lawsuit that Zwebner filed against the Foundation.
The Hon. Dennis J. Hubel had previously ruled that French was entitled to appear and bring counterclaims, but the plaintiff, Zwebner, filed a Rule 72(a) motion to overturn the decision. A Rule 72(a) objection is similar to an "appeal" in that the standard of review is the same; that is, Zwebner would have to prove that Judge Hubel erred in his ruling. The court's opinion can be found at ecf.ord.uscourts.gov
The ruling was the latest in a series of failures encountered by Zwebner in this case. Two weeks ago, the court determined that a prima facie hearing would not be held to bring a default judgment against the foundation, and that the entire case would advance to trial.
In the lawsuit, Zwebner accuses the Foundation of publishing a newspaper article which was published in a British newspaper four years ago, which Zwebner claims is defamatory. Defendant Les French claims that the article reprint was in fact obtained from pleadings that Zwebner himself filed with a London court.
French has filed counterclaims against Zwebner and others alleging abuse of process, breach of contract, and defamation.
--------------------------------------------------------------------------------
Posts: 247 | From: Portland, Oregon USA | Registered: Mar 2000
newsop.net |
