Davis vs. TurtleBoy Sports et al: March 2016

Saturday, March 26, 2016

Motion for Protective Order

As always this is not legal advice. This is a motion for a protective order to make sure that Turtleboy does not use anything I give him to harass me or my clients.

COMMONWEALTH OF MASACHUSETTS

WORCESTER, SS

SUPERIOR COURT C.A. No. 1685CV00217 D

********************************

GORDON T. DAVIS, Plaintiff

Vs.

TURTLEBOY SPORTS INC.,

AIDEN KEARNEY, *

Defendants

********************************

PLAINTIFF’S MOTION FOR PROTECTIVE ORDER

The Pro Se Plaintiff respectfully requests that this Court issue a

protective order allowing the parties to use confidential, privileged, and/or

private information in this litigation while ensuring that such information is

kept confidential and not disseminated into the public domain. In support of

this motion the Plaintiff states the following:

1. The Defendants are bloggers who own and run a Blog doing business as Turtleboy Sports. (Exhibit 1)

2. The Defendants are being sued by the Plaintiff for defamation. The Plaintiff alleges that the Defendants wrote in their blog that the Plaintiff is “mentally unstable”, “senile”, and “crazy”. (Exhibit 2)

3. The Defendants’ blog and other publications routinely subject people to annoyance, embarrassment, and oppression in order to make money. (Exhibit 3)

4. The defense counsel, Margaret M. Melican, also writes for the Defendants’ blog. What she write makes fun and ridicules private people. (Exhibit 4)

5. The Plaintiff claim is that the alleged defamation has resulted in loss clients and income for his sole practice Advocacy. The Defendants have requested as a part of discovery private and privileged information, including information regarding Plaintiff’s clients. (Exhibit 5)

6. The dissemination of the private and privileged information to the public will cause the Plaintiff additional loss of clients and income.

7, Some of the discovery information requested by the Defendants’ is confidential and confidential by statute and regulation. An example of such information is the documents such as the complaints written for clients at the Massachusetts Commission Against Discrimination (MCAD). (Exhibit 6)

Accordingly the Plaintiff respectfully requests the Court to issue the

attached Protective Order to allow the use private, privileged, and

confidential information solely in this litigation as well as to protect such

private, privileged, and / or confidential information from inappropriate use

or dissemination outside of this litigation.

Respectfully submitted

Gordon T. Davis

Pro Se Plaintiff

CERTIFICATE OF SERVICE

I, Gordon T. Davis, pro se Plaintiff do here by certify that I have served a copy of Plaintiff’s Motion for Protective Order to the Defendants by mean of first class mail to their attorney at

Margaret M. Melican, Esq.

2 Foster St.

Worcester MA 01608

____________ ________

Gordon T. Davis Date

Saturday, March 19, 2016

Question for Gaffney (Discovery)

The following is not legal advice. Below are a set of questions I can ask Mr. Gaffney as a part of discovery. The questions are limited to issues that he complained about, hid lost income, his reputation, his or anyone's use of pejoratives, etc.

COMMONWEALTH OF MASACHUSETTS

WORCESTER, SS

SUPERIOR COURT

16-0288 B

********************************

Michael Gaffney, Plaintiff

Vs.

Gordon T. Davis

Defendant

Vs.

InCity Times

Rosalie Tirella

Defendants *

********************************

DEFENDANT FIRST SET OF INTERROGATORIES

TO BE ANSWERED BY PLAINTIFF UNDER OATH

DEFINITIONS

A. IDENTIFY, OR IDENTITY, when used in reference to:

1. PERSON OR INDIVIDUAL shall mean to state his or her full name, present or last known residence address (designating which), job title, employment address, business and residence telephone numbers.

2. A firm, corporation or other organization shall mean to state in full name, present or last known address and telephone number (designating which), the legal for of such entity or organization, and the IDENTITY of its chief executive officers.

3. DOCUMENT shall mean to state the title (if any); the DATE; the IDENTITY of author, sender, recipient, letter, memorandum, book, telegram, chart, etc.; or some means of identifying it; and to IDENTIFY its present location and custodian;

4. LOCATION OR PLACE shall mean to name a physical place in such detail as to satisfy Rule 34(b) of the Massachusetts Rules of Civil Procedure, with respect to “reasonable particularity”;

5. An ORAL communication shall mean to state the DATE, subject matter, communicator, communicate, nature of the communication (i.e., by telephone or face – to – face, etc.), whether it was recorded in any way, and, if so, the manner in which it was recorded, and the identity of any witnesses thereto;

6. COST OR AMOUNT shall mean to state the total cost or amount and to itemize the cost or amount of each component of the total, including but not limited to material equipment, depreciation, salvage value, labor, taxes, overhead and profit;

7. STATE OR STATEMENT shall mean to state in detail the DATE; the IDENTITY of the person making the statement; the person to whom it is directed; the substance of the statement; whether it was recorded in any manner, and if so, the manner in which it was recorded and the IDENTITY of its present location and custodian; whether it was verified by the person making the statement; the IDENTITY of any witnesses thereto, and whether the statement was written or oral.

B. DATE shall mean the exact day, month, and year, if ascertainable, or, if not, the best available approximation including relationship to other events (indicating whether a DATE is exact or approximate.

C. DESCRIBE shall mean to specify in detail and to particularize the content of the answer to the question and not just to state in summary or outline fashion, including but not limited to stating each DATE, fact, including but not limited to stating each DATE, fact, event, occurrence and IDENTIFYING each DOCUMENT and IDENTIFYING each individual who can testify as to the alleged dates, facts, events, and occurrences.

D. DOCUMENT shall mean any physical embodiment of information, including but not limited to every writing or record of every type and description that is of has been in the possession, control or custody of the responding PLAINTIFF or of which the responding PLAINTIFF has knowledge.

E. INCIDENT shall mean the claim of the PLAINTIFF and the surrounding events and circumstances, including any counterclaim filed or to be filed by the Defendants.

F. PLAINTIFF shall mean GORDON T. DAVIS.

A. DEFENDANT shall mean AIDEN KEARNEY AND/OR TURTLEBOY SPORTS, INC.

INSTRUCTIONS

1. In answering each interrogatory, please identify each individual who was a source of and information provided in the answer.

2. The answer to the interrogatories must include all information known to you and all persons acting on your behalf or under your control, including but not limited to you and all persons acting on your behalf or under your control, including but not limited to you attorneys, investigators, insurance carriers and their representatives. If you do not have information to answer an interrogatory, you are under duty to make a reasonable effort to obtain such.

3. These interrogatories are to be deemed continuing in nature and it is hereby requested that any newly discovered, corrected of additional information responsive to these interrogatories be supplied as soon as is reasonably practicable upon receipt thereof.

INTERROGATORIES

1. Please state your name, your present residential address, your present occupation and work address and describe your present job responsibilities. If more than one, please state all.

2. Please identify each and all persons who has knowledge of any fact relating in any manner of the events, transactions or occurrences that are described in the Complaint and in any pleading setting forth a claim or defense or counterclaim in this action, and for each such person state:

a. Name, address and telephone number

b. Describe to the best of your knowledge the subject matter and facts about which they have knowledge and in what capacity or circumstance they acquired such knowledge;

c. State whether or not you or any of your agents, attorneys, servants or employees know of the existence of, have taken or have in your or their possession a statement (as defined in Mass.R.Civ.P. 26(b)(3) made by or taken from such a person concerning this action or its subject matter; and

d. Indicate whether or not you intend to call the person as a witness at trial.

3. Please state separately and in as much detail as possible all the facts upon which you rely for any allegation made in the Complaint.

4. Please describe the nature and date of all illnesses, accidents or injuries from which you have suffered up to and including the present date.

Please include any treatment for Mental Anguish and any other mental illness or condition.

5. Please state the identity of any and all clients who engaged you as an “attorney” in the past five years, including in your answer the address of any such person, the date any such person hired you as an “attorney”, the purpose of your legal counsel and the forum in which you practiced in the interest of any such person.

6. For any legal counsel described in your answer to Interrogatory No. 5, please state (a) whether you had a fee agreement with your legal counsel client, (b) the date of any such fee agreement, (c) the amount of any fee received from any such advocacy client and (d) the amount due from each such legal counsel client

7. For any legal counsel client described in your answer to Interrogatory No. 5, please state whether any legal counsel client terminated your employment or engagement based upon statements made by the Defendants.

8. If your claim is that you have been denied employment or engagement as an attorney by any person based solely upon statements allegedly made by either one or all Defendants, please state: (a) the name of any such potential client for advocacy service, (b) the date or dates on which you believe you would have served as an attorney for any such potential client, (c) the amount of income you could reasonably have expected to have received from any such potential client.

9. If your services as an “attorney” have ever been terminated or declined for reasons other than statements made by the Defendants, please state (a) the date or dates on which you have been so terminated or declined for service as an advocate, (b) the exact reason for your having been terminated, (c) the name and address of any client who has terminated your services, and (d) the amount of income lost by any such termination.

10. If you referred legal counsel clients to attorneys, please state: (a) the name and address of any attorney to whom you have referred advocacy clients, (b) the date or dates on which you have referred advocacy clients to each such attorney, (c) whether you have a referral agreement with any such attorney whereby you continue to render advocacy services after referral and (d) the amounts paid to you by any client or attorney after referral to an attorney.

11. Please identify in detail all losses and damages claimed in your complaint, including in your answer the exact nature of any such loss or damage, date or dates any such loss or damage was incurred, the amounts of any such loss or damage and the method by which any such valuation of damages was calculated.

12. Please describe your complete employment history, stating as to each job: (a) the dates of your employment, (b) the name and address of your employer, (c) your job title, (d) your hourly, weekly or monthly rate of compensation and actual earnings received and (e) your reason for separation from this employment.

13. Please describe in complete detail your educational background and training, including in your answer the names and addresses of schools attended, any degrees received and the dates of attendance.

14. Please state the name, current address of each person who was a witness to or has any knowledge of any occurrence, event, fact, circumstance or discoverable matter upon which your claim is based or founded, specifying each occurrence, event, fact, circumstance or discoverable matter each such person was a witness to or had knowledge.

15. Please identify each person that you intend to call as an expert witness at trial and, for each such witness state:

a. The subject matter on which the witness is expected to testify;

b. The substance of the facts and opinions to which the person is expected to testify; and

c. A summary of the personal knowledge or other grounds for each such opinion.

16. Please identify each document or tangible thing that you intend to rely on in your case, and for each such document indicate for what purpose you intend to present it as an exhibit at the trial of this action.

17. Please describe your relationship(s) with Turtleboy Sports or any of its employees, whether it was business, quid pro quo, or any other.

18. Did you in any manner correspond with Turtle Boy Sports or any its employees before filing your instant Complaint?

19. Please describe any and all investigations by Massachusetts Ethic Commission and/or OCPF into any of your professional practices. Please include the accusations/charges and findings.

20. Did Turtleboy Sports or Aiden Kearney provided informational to you regarding Mosaic Cultural Center located 41 Piedmont St. Worcester MA? If so what was the information it provided to you?

21. Have you or any of your friend, acquaintances, family, co workers, campaign staff used racial or other pejoratives? If please provide the names of those people including the actual pejoratives such as “nigger”, “spic”, faggot, “bitch”. Please provide the name and relationship to you of each person using the pejorative and the pejorative used.

22. Please provide a legal definition or financial definition of “political capital”.

23. Please describe in detail the “political capital” you were in possession of on January 31, 2016 and how much of that political capital you lost after the publication of the alleged libel.

24. Please provide a detail description of the calculation of your alleged loss or harm from the alleged libel.

By the Pro Se Plaintiff

Gordon T. Davis

Worcester, MA 0l604

CERTIFICATE OF SERVICE

I, Gordon T. Davis, Pro Se Defendant, hereby certify that I have this day served the foregoing by mailing first class, postage prepaid to:

Michael Gaffney

1 Bancroft Tower Road

Worcester, Massachusetts 0l609

______________________________ ________________________

Gordon T. Davis March 20, 2016

Monday, March 14, 2016

Oppositi0on Memo to Defendants' Motion to Dismiss

Of course this is not legal advice. Below is my opposition memo to the defendants' Motion to Dismiss. The motion had inaccuracies that construed to be out right lies. So the Memo has to correct those inaccuracies and show the Court that the Complaint meets the prima facie requirements (minimum requirements to go to trial)

COMMONWEALTH OF MASACHUSETTS

WORCESTER, SS

SUPERIOR COURT C.A. No. 1685CV00217 D

********************************

GORDON T. DAVIS, Plaintiff

Vs.

TURTLEBOY SPORTS INC.,

AIDEN KEARNEY,

Defendants

********************************

PLAINTIFF’S OPPOSITION MEMO TO DEFENDANTS MOTION TO DISMISS

BACKGROUND

The Plaintiff filed the instant Complaint against the Defendants on February 12, 2016 and the Complaint was served to both Defendants on February 19, 2016.

An Amendment to the Complaint was allowed by the Court on March 3, 2016 after the Defendants published an additional article in which the Plaintiff was asserted by the Defendants to be “mentally unstable”, “senile”, and “crazy”. (Exhibit1)

This is a case regarding the libeling of the Plaintiff by the Defendants via their publication Turtle Boy Sports. The Defendants published that the Plaintiff is “mentally unstable”, “senile”, and “crazy” The publications of false medical status of the Plaintiff has cause a loss of clients and income to Plaintiff’s Advocacy.

ISSUES PRESENTED BY DEFENDANTS’ MOTION

A. Whether Defendants’ publication about Plaintiff’s alleged medical condition constitutes a per se violation of State defamation laws.

B. Whether Defendants’, prior to Complaint, knowledge of Plaintiff’s status as a limited public figure warrants Denial of Defendants’ Motion to Dismiss.

C. Whether Defendants’ publication about Plaintiff as being “mentally unstable,” “senile,” and “crazy,” without factual evidence to support those statements, constitutes a per se violation of State defamation laws.

D. Whether the statements published by Defendants that the Plaintiff is “mentally unstable,” “senile,” and “crazy,” constitute actual malice.

RELEVANT LAWS

Actual malice is not necessarily proved in terms of ill will or hatred, but is proved rather by a showing that the defamatory falsehood was published with knowledge that it was false or reckless disregard of whether it was false. New York Times Co. v. Sullivan, 376 U.S. 254, 279-280 (1964).

A motion to dismiss for failure to state a claim may be allowed only if it appears, beyond doubt, that the plaintiff can prove no facts in support of his claim that entitle him to relief. Conley v. Gibson, 355 U.S. *201 41, 45-46, 78 S. Ct. 99, 2 L. Ed. 2d 80 (1957).

The Plaintiff in the Argument Section below has provided evidence to support his claims.

ARGUMENTS

Defendants’ publication about Plaintiff’s alleged medical condition constitutes a per se violation of State defamation laws.

1. The general tenor of the libel and at least one sentence of the libel is found in the pleadings in the form of Exhibit 2 of the Complaint and Exhibit 1 of the Amendment.[1] (Exhibit 2 of this Memo)

2. The general tenor can most easily be seen in the entirety of the articles written and published by the Defendants. Those articles have been included in their entirety in the Complaint and the Amendment.

3. The precise wordings of the libelous statements are found in the articles written and published by the Defendants which are included in the pleadings as Exhibits. Court rules forbade the Plaintiff from marking the Exhibits.

4. For this Opposition Memo the Plaintiff has underlined the precise wording of the libel and other evidence found in the Exibits. (Exhibit 2A)

5. The defense counsel has written in her Motion to Dismiss that the Plaintiff’s Exhibits are means to determine specific wording and context.[2]

6. The Plaintiff’s Exhibits are marked by Google as being published on the Turtleboy Sports website. The Plaintiff provided this information in his pleadings through his Exhibits. (Exhibit 3)

7. The approximate dates for each libel are given in the pleadings. The dates are also found in the articles as seen in the Exhibits. (Exhibit 4)

8. The Complaint and Amendment state that the Defendants libeled the Plaintiff. The definition of libel includes falsity.

9. Defense counsel has made an error. There are three counts of libel in the Complaint. The first count was libel for Defendants’ statement that the Plaintiff was “mentally unstable” and the second count for November 2015 was libel for stating that the Plaintiff was “senile”. The third count is the libel that the Plaintiff is “crazy). Each count of libel is directly contrary to the Plaintiff reputation as being a competent advocate.

10. Defense counsel is disingenuous when she states that the Defendants did not receive the Exhibit for the Amendment.

11. The Plaintiff’s Amendment and its Exhibit are on file in this Court Clerk’s Office. The Defendants’ published comments about the Exhibit they received with the Amendment. (Exhibit 5)

Defendants’ knowledge of Plaintiff’s status as a limited public figure warrants denial of Defendants’ motion to dismiss.

12. By Defendants own stipulation found in their Motion to Dismiss, the omission by the Plaintiff of his opinion regarding whether he is a limited public figure is not a requirement for his prima facie Complaint of libel.[3]

13. The Defendants knew of the Plaintiff’s limited public figure status in 2014 as they have published numerous articles about the Plaintiff. (Exhibit 6)

14. There is evidence that the Defendants knew that their statenebts about the Plaintiff’s health were untrue before they wrote their libelous words. (Exhibit 3)

15. The Plaintiff’s Amendment pleads that the Plaintiff was libeled when the Defendants stated that the Plaintiff was “mentally unstable, senile, and crazy”. The Defendants’ counsel claims that these libels are not “facts”. Of course they are not “facts” as they are libel.[4]

Defendant’s publication of Plaintiff as “mentally unstable,” “senile,” and “crazy,” without factual evidence to support those statements, constitutes a violation of State defamation laws. In the alternative, the statements published by Defendant that the Plaintiff is “mentally unstable,” “senile,” and “crazy,” constitute malice in violation of State defamation law.

16. The Plaintiff claims that Defendant Kearney wrote the libelous articles in his publication, Turtle Boy Sports. The Defendants have not denied that Defendant Kearny wrote or published the libelous articles.

17. There is evidence that Mr. Kearney is employed by Turtle Boy Sports. (Exhibit 5)

18. Defendant Kearney has shown contempt for this Court when he recently published that the Court process will not be able to discovery his connection to Turtle Boy Sports, who are its writers, nor the entity Turtle Boy Sports. (Exhibit 7)

19. It appears the Defense counsel is aiding her Defendants in their contempt of this Court by stating in her Motion that Turtle Boy Sports is not found in the Massachusetts registry of Business and is not extant. The Exhibits in this Opposition Memo are evidence of Turtle Boy Sports as a business entity. It sells advertisement and clothing on line. (Exhibit 2)

CONCLUSION

For the reasons cited above the Defendants’ Motion to Dismiss should be denied. The following is a summary.

a. The Plaintiff met the requirements of pleadings by means of the Complaint and Amendment, but also by his reference in the pleadings to his Exhibits which contained the tenor, precise words, dates, and falsity.

b. There is evidence of actual malice.

c. The Defendants knew that Plaintiff was a limited public figure before the filing of the Complaint. Being a limited public figure is not grounds for dismissal.

d. The Plaintiff has provided evidence in this Opposition Memo that Defendant Kearney is an employee of Turtle Boy Sports. The statements by the defendants’ counsel that Mr. Kearney is not an employee is not grounds for dismissal.

e. The Plaintiff has provided evidence of the existence of the entity “Turtle Boy Sports “

The Plaintiff respectfully asks the Court to Deny the Motion to Dismiss based on the evidence above.

Should this Court find the pleadings are not in compliance with Court rules, the Plaintiff respectfully asks for leave of the Court to perfect his pleadings by means of amendment.

Respectfully submitted,

Gordon T. Davis

Pro se Plaintiff

CERTIFICATE OF SERVICE

I, Gordon T. Davis, pro se Plaintiff do here by certify that I have served the original and true copy of the Opposition Memo to Defendants’ Motion to Dismiss by mean of first class mail to their attorney at

Margaret M. Melican, Esq.

2 Foster St.

Worcester MA 01608

____________ ________

Gordon T. Davis Date

[1] Defense Counsel claims that Defendants did not receive this information in Amendment.

[2] Motion to Dismiss, page 4, line 15

[3] Motion to Dismiss, page 2, line 12

[4] Defendants’ Motion to Dismiss page 5, line 15