DEFENDANT DELFINO'S POINTS & AUTHORITIES IN OPPOSITION TO MOTION FOR PUNITIVE DAMAGE DISCOVERY; OBJECTIONS TO "PROOF" SUBMITTED BY PLAINTIFFS
"...Suffice it to say that these Plaintiffs embellish their every statement, ignore the true facts, and reek epithets upon every innocent act by Delfino. They hate the First Amendment, and they hate having their pettiness exposed in the papers they file with the court and in the public's view (which explains why plaintiffs have wanted everything they filed under seal). They have lost, at each opportunity, in each of the three previous forums that they have appeared in this case, in administrative, trial and appellate courts. (The CUIAB ruled Felch was not harassed by Delfino; the US District Court dismissed Varian's business tort claims upon summary judgment; and the Ninth Circuit ruled that once the district court found it lacked jurisdiction that the district court's orders, including the TRO and Pre-Lim Injunctions, automatically dissolved.) Plaintiffs' track record makes it abundantly clear that they have no chance, substantial or otherwise, of prevailing in this case. They have lost at every opportunity to date, and they will lose once again at trial, especially if the First Amendment continues to survive plaintiffs' ever-increasing blitzkrieg attack upon it. Plaintiffs may not like the truth of what Delfino has to say, but he has every right to say it in his postings."
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