MONTGOMERY v RISEN (Defamation Suit)

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realist
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MONTGOMERY v RISEN (Defamation Suit)

Post by realist » Fri May 15, 2015 2:19 pm

I (and some others) thought this whackjob (and this lawsuit, for as long as it lasts) should have it's own thread, so that it's easier to keep track of rather than sprinkled here and there in other (although "somewhat" related) threads.



I'll try to post pertinent docs as time goes on. This is a good beginning.



This is some fine (whackadoodle) reading.



Montgomery v Risen - AMENDED COMPLAINT



Montgomery v Risen - Declaration of Laura Handman



Montgomery v Risen - Handman Declaration EX 7



Montgomery v Risen - Handman Declaration EX 8



Montgomery v Risen - Handman Declaration EX 9



Montgomery v Risen - Handman Declaration EX 18



I "think" parts of this case have already been dismissed as moot. I'm sure bob, Tes, et al. will fill us all in shortly. :D /
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MONTGOMERY v RISEN (FL Defamation Suit)

Post by BillTheCat » Fri May 15, 2015 3:37 pm

Ok, I tried, and failed, to figure out what this guy's complaint is. How did Risen allegedly slander this person exactly?
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MONTGOMERY v RISEN (FL Defamation Suit)

Post by bob » Fri May 15, 2015 3:47 pm

Basically by calling out Montgomery as a conman. By saying Montgomery knowingly peddled bunk.

This suit should ultimately be dismissed because Risen is reporting on what others said, or is stating an opinion. It may, however, go to trial, where truth is a defense.
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MONTGOMERY v RISEN (FL Defamation Suit)

Post by BillTheCat » Fri May 15, 2015 4:08 pm

Ahh, okay thanks :)
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MONTGOMERY v RISEN (FL Defamation Suit)

Post by bob » Fri May 15, 2015 4:42 pm

Ahh, okay thanks :)Starting on page 232(!) of the scribd version of the amended complaint is Montgomery's detailed list of horribles.Klayman's witness list is a hoot; it is like his glory days and he wants to call all sorts of VIPs from the Bush Administration. And it looks like a relative of Moseley's bought the book in Florida; presumably to help confirm venue. :roll:Interestingly, one of Montgomery's exhibits is an article about Arpaio's contempt woes.Oh: Klayman's southern office is ... a UPS store in a mall in Boca Raton.
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Post by Mikedunford » Fri May 15, 2015 5:37 pm

I particularly love the argument that a Pulitzer-winning national security reporter should have known that a French company could not possibly have been involved in figuring out that Montgomery was a fraud because -



- wait for it -



Freedom Fries.





I shit you not. That's an actual argument in the complaint.
1 Cranch 137, 177

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Post by Kriselda Gray » Fri May 15, 2015 5:45 pm

Do you remember which odd the docs that was in?
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Post by Mikedunford » Fri May 15, 2015 5:53 pm





Do you remember which odd the docs that was in?







Amended complaint, pp 19-20, ¶¶ 88-90.
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Post by Sterngard Friegen » Fri May 15, 2015 7:25 pm

Grossly inappropriate. Because the French apparently called Montgomery out, Klayman has to try to slime the French by association. He somehow thinks that because -- according to him -- the Republican Congress renamed French Fries -- Freedom Fries -- in its cafeteria that somehow means the French Government is to be distrusted.



Where did this clown go to law school? Whichever one it is should be ashamed.

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Post by bob » Fri May 15, 2015 7:32 pm

Where did this clown go to law school?Emory (allegedly).
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Post by Kriselda Gray » Fri May 15, 2015 9:40 pm



Do you remember which odd the docs that was in?



Amended complaint, pp 19-20, ¶¶ 88-90.



Thanks, Mike - that's priceless!
Ignorance and prejudice and fear walk hand in hand... - "Witch Hunt" by Rush

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Post by Suranis » Fri May 15, 2015 10:50 pm


"I think its pretty troubling when a backyard decoration comes out swinging harder against Nazis than the President of the United States." - Stephen Colbert

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Post by Sterngard Friegen » Fri May 15, 2015 11:17 pm

May we.

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Post by Foggy » Sat May 16, 2015 7:16 am



Oh: Klayman's southern office is ... a UPS store in a mall in Boca Raton.





Boca Raton -- or in English, Rat Mouth -- is perfectly appropriate for Inappropriate Larry. :banana:
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Post by realist » Sat May 16, 2015 7:55 am

More fun reading :D

Few choice sections (one describing his new “citizenship” and a couple hoisting him on statements made in Arpaio case.



Docs 51, 52-1, 52-2





Date Filed





#





Docket Text





05/15/2015





51





RESPONSE in Opposition re 45 MOTION for Order to Show Cause For Defendants To Produce Documents Pursuant To The Courts Scheduling Order Of April 1, 2015 filed by HMH HOLDINGS, INC., HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, JAMES RISEN. Replies due by 5/26/2015. (Attachments: # 1 Exhibit A -- Defs.' Initial Disclosures)(Toth, Brian) (Entered: 05/15/2015)





05/15/2015





52





MOTION to Dismiss for Lack of Jurisdiction 44 Amended Complaint , MOTION to Change Venue ( Responses due by 6/1/2015), MOTION TO DISMISS 44 Amended Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 6/1/2015) by HMH HOLDINGS, INC., HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, JAMES RISEN. (Attachments: # 1 Decl. James Risen, # 2 Decl. Laura Handman, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16 (1 of 2), # 19 Exhibit 16 (2 of 2), # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27)(Toth, Brian) (Entered: 05/15/2015)





05/15/2015





53





Renewed MOTION to Dismiss 44 Amended Complaint Under the Applicable Anti-SLAPP Statute by HMH HOLDINGS, INC., HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, JAMES RISEN. Responses due by 6/1/2015 (Toth, Brian) (Entered: 05/15/2015)




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Post by Northland10 » Sat May 16, 2015 9:40 am

I "think" parts of this case have already been dismissed as moot. I'm sure bob, Tes, et al. will fill us all in shortly.



After allowing the amended complaint, the judge dismissed various defense motions as moot. I posted that part of the docket somewhere, but have lost track where. Good idea create a single thread for this.



Loser Larry had so many crap filings that I was having trouble trying to figure out what was going on.
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Post by Northland10 » Mon May 18, 2015 8:20 pm

Here is 52.

Mongomery v risen 52.pdf
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Post by rosy » Wed May 20, 2015 2:12 pm

I see Grossly Inappropriate Larry Klayman (hereinafter GILK) still subscribes to the notion that the more printouts from the internet that you put into a filing, the more truthy it must be.



How's that working for ya, GILK?

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Post by rosy » Wed May 20, 2015 2:38 pm

Ha, I just read document 52, and footnote 52 cites to Klayman v City Pages. Poor ol' GILK, his failures just haunt him everywhere.

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Post by Flatpointhigh » Fri May 22, 2015 11:17 am

Now, THAT's what I call [blink]WINNING!!!!!!!!!![/blink]

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Post by Tesibria » Sun May 31, 2015 8:35 pm



More Docket Entries.  05/19/2015         54           NOTICE by HMH HOLDINGS, INC., HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, JAMES RISEN Regarding Exhibit 18 to the Declaration of Laura Handman. ECF No. 52-2. (Toth, Brian) (Entered: 05/19/2015)05/19/2015         55           MOTION to Stay Discovery Pending Resolution of Their Motions to Dismiss by HMH HOLDINGS, INC., HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY, JAMES RISEN. Responses due by 6/5/2015 (Toth, Brian) (Entered: 05/19/2015)05/20/2015         56           MOTION for Hearing re 45 MOTION for Order to Show Cause For Defendants To Produce Documents Pursuant To The Courts Scheduling Order Of April 1, 2015, 46 Order Referring Motion, by DENNIS L. MONTGOMERY. (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 05/20/2015)05/21/2015         57           ENDORSED ORDER granting 56 Plaintiff's Motion for Hearing re 45 Motion for Order to Show Cause. A Telephonic Hearing re the 45 Motion for Order to Show Cause is set for 5/27/2015 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman.  The parties shall abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted.  Signed by Magistrate Judge Jonathan Goodman on 5/21/2015. (tr00) (Entered: 05/21/2015)05/26/2015         58           REPLY to Response to Motion re 45 MOTION for Order to Show Cause For Defendants To Produce Documents Pursuant To The Courts Scheduling Order Of April 1, 2015 filed by DENNIS L. MONTGOMERY. (Attachments: # 1 Exhibit 1)(Klayman, Larry) (Entered: 05/26/2015)05/27/2015         59           Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 5/27/2015. (Digital 14:03:16.) (mso) (Entered: 05/27/2015)05/28/2015         60           ORDER on 45 Plaintiff's Motion for Order to "Show Cause." Signed by Magistrate Judge Jonathan Goodman on 5/28/2015. (tr00) (Entered: 05/28/2015) 
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Post by ZekeB » Sun May 31, 2015 9:33 pm



Why would no cellular telephone use be permitted? 

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Post by Tesibria » Sun May 31, 2015 10:14 pm



I dunno but expect for a few reasons:  risk of drop-offs/interruptions, risk of driving while talking, etc etc etc.  
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Post by Tesibria » Mon Jun 01, 2015 12:56 am



So  - based on that order, it appears that Klayman is going to base his (Montgomery's) case on 64 pages of documents.  Nevertheless, in response to specific questions from the Undersigned, Plaintiff’s counsel repeatedly and unequivocally represented to the Court that the 64 pages of documents that had been produced are in fact all the documents Plaintiff will be relying on for his claim and are all the documents he has to produce in connection with paragraph 4.  On more than one occasion, in response to the Undersigned’s questions, Plaintiff’s counsel reiterated that he would not, other than documents used for impeachment or documents which Defendants or third parties might produce in the future, rely upon any other documents at trial or in any other phase of the case (i.e. summary judgment).  May 28 Order at 3.***"Given the nature of the relief granted here, the Undersigned emphasizes that this ruling expressly relies upon Plaintiff’s unequivocal concession that he will not rely upon, at trial or in any other phase of the case, any further documentation in his possession other than the 64 pages he already produced.[4]"  Id. at 8.[4] Plaintiff’s counsel also similarly advised that he would not seek to introduce any exhibits other than the 64 pages already produced (other than impeachment exhibits and documents which might be produced by Defendants or third parties). Plaintiff’s counsel explained that his strategy about how to handle the trial is significantly different than Defendants’ approach. Apparently, Plaintiff is adopting the “less‐is-more” approach to this case and this trial, as he will not be relying upon any documents other than the 64 pages already produced to prove his claim. Klayman, adopting the "less-is-more" approach?  Things that make you go hmmmmmmmm. 
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Post by Sterngard Friegen » Mon Jun 01, 2015 12:59 am



Except for the 500 pages of impeachment documents.

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