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Not Legal Advice
Because Mr. Gaffney has refused to answer the Interrogatories, a Motion to Compel Answers is being sent to the Court. The Motion explains how the Interrogatories are relevant to the case. See below.
Although Mr. Gaffney has claimed damage to his business, he has not provided any evidence of any daamage. He claims that he suffered mental anguish, but he has not answered any question about his medical or mental health. Mr. Gaffney claims that his " political capital" was damaged, yet he has not answered the question about what is political capital.
If Mr. Gaffney can not or will not provide evidence of damage or harm, then his case falls apart and could be determined to be frivolous.
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COMMONWEALTH
OF MASSACHUSETTS
WORCESTER,
ss. SUPERIOR COURT
C. A. NO. 2016-00288 B
_______________________
MICHAEL T. GAFFNEY
Plaintiff,
V.
INCITY TIMES
ROSALIE TIRELLA
GORDON T. DAVIS
Defendants.
_______________________
DEFENDANT GORDON
T. DAVIS’ REQUEST FOR MOTION TO COMPEL PLAINTIFF TO PROVIDE CRITICAL ANSWERS TO
INTERROGATORIES.
Defendant Gordon T. Davis (Davis)
respectfully requests the Court to compel
Plaintiff Michael T. Gaffney
(Gaffney) to answer critical interrogatories in the
Defamation lawsuit (Exhibit 1)
On May 4, 2016 the Defendant served the Plaintiff with two sets of Interrogatories.
(Exhibit 2).
Those Interrogatories included the
following which were not answered by the
Plaintiff.
INTERROGATORY
NO. 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.
The
Plaintiff has failed to provide an answer regarding who has knowledge of the
event. The Plaintiff references several documents in his response to Interrogatory
No. 16. He does not indicated from whom he obtained these documents nor the
names of witnesses with knowledge of the facts.
INTERROGATORY
NO. 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
The
Plaintiff is claiming “mental anguish” as harm done to him. The Plaintiff has failed to answer questions
about his health, mental health or condition, nor pain and suffering. The
Defendant is entitled to this information as material facts in his defense.
INTERROGATORY NO. 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.
The Plaintiff is claiming his business has
been harmed by the Defendant. The Plaintiff has not provided information about
his business and the likelihood that the Plaintiff’s business could generate
one million dollars in income. This information is needed in order for the
Defendant to compare year to year income and services. This would be material
facts in whether the Defendant caused any loss of business.
INTERROGATORY NO. 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.
The
Plaintiff is claiming his business has been harmed by the Defendant. The
Plaintiff has not provided information about his business and the likelihood
that the Plaintiff’s business could generate one million dollars in income.
This information is needed in order for the Defendant to compare year to year
income and services. This would be material facts in whether the Defendant
caused any loss of business. The Plaintiff has not provided any evidence that
the Plaintiff has suffered any loss or harm.
INTERROGATORY NO. 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.
The Plaintiff is claiming his business has
been harmed by the Defendant. The Plaintiff has not provided information about
his business and the likelihood that the Plaintiff’s business could generate
one million dollars in income. This information is needed in order for the
Defendant to compare year to year income and services. This would be material
facts in whether the Defendant caused any loss of business. The Plaintiff has
not provided any evidence that the Plaintiff has suffered any loss or harm.
INTERROGATORY NO. 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.
The Plaintiff is claiming his business has
been harmed by the Defendant. The Plaintiff has not provided information about
his business and the likelihood that the Plaintiff’s business could generate
one million dollars in income. This information is needed in order for the
Defendant to compare year to year income and services. This would be material
facts in whether the Defendant caused any loss of business. The Plaintiff has
not provided any evidence that the Plaintiff has suffered any loss or harm
INTERROGATORY
NO. 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.
The Plaintiff is claiming
his business has been harmed by the Defendant. The Plaintiff has not provided information about his business and the
likelihood that the Plaintiff’s business could generate one million dollars in
income. This information is needed in order for the Defendant to compare year
to year income and services. This would be material facts in whether the
Defendant caused any loss of business. The Plaintiff has not provided any
evidence that the Plaintiff has suffered any loss or harm.
INTERROGATORY
NO. 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.
The Plaintiff is claiming his business
has been harmed by the Defendant. The Plaintiff has not provided information
about his business and the likelihood that the Plaintiff’s business could
generate one million dollars in income. This information is needed in order for
the Defendant to compare year to year income and services. This would be
material facts in whether the Defendant caused any loss of business. The
Plaintiff has not provided any evidence that the Plaintiff has suffered any
loss or harm.
INTERROGATORY
NO. 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.
The Plaintiff is claiming his business has
been harmed by the Defendant. The Plaintiff has not provided information about
his business and the likelihood that the Plaintiff’s business could generate
one million dollars in income. This information is needed in order for the
Defendant to compare year to year income and services. This would be material
facts in whether the Defendant caused any loss of business. The Plaintiff has not
provided any evidence that the Plaintiff has suffered any loss or harm.
INTERROGATORY NO. 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.
The Plaintiff is claiming his business has
been harmed by the Defendant. The Plaintiff has not provided information about
his business and the likelihood that the Plaintiff’s business could generate
one million dollars in income. This information is needed in order for the
Defendant to compare year to year income and services. This would be material facts
in whether the Defendant caused any loss of business. The Plaintiff has not
provided any evidence that the Plaintiff has suffered any loss or harm.
INTERROGATORY NO. 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.
The
Plaintiff has failed to provide an answer who has knowledge
of the events. The Plaintiff references
several documents in his response to Interrogatory No. 16. He does not
indicated how he obtained these documents nor the names of witnesses with knowledge
of the facts.
INTERROGATORY
NO. 17
Please describe your
relationship(s) with Turtleboy Sports or any of its employees, whether it was
business, quid pro quo, or any other.
The answer to this question is related to
two of the Defendant’s affirmative defenses. The Second Affirmative Defense is
that the Plaintiff reputation was so tarnished that the Defendant could not
have tarnished it further. The Third Affirmative Defense is that the Plaintiff
filed this instant frivolous lawsuit as a mean to retaliate against the
Defendant for Davis’s legal actions against Turtleboy Sports and Aiden Kearney.
INTERROGATORY NO. 18
Did you in any manner correspond with Turtle
Boy Sports or any its employees before filing your instant Complaint?
The
answer to this question is related to two of the Defendant’s affirmative
defenses. The Second Affirmative Defense is that the Plaintiff reputation was
so tarnished that the Defendant could not have tarnished it further. The Third
Affirmative Defense is that the Plaintiff filed this instant frivolous lawsuit
as a mean to retaliate against the Defendant for Davis’s legal actions against
Turtleboy Sports and Aiden Kearney.
INTERROGATORY NO. 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.
This
answer is related to the Defendant’s Second Affirmation Defense which is that
the Plaintiff’s reputation was so tarnished that the Defendant could not have
tarnished it more.
INTERROGATORY NO. 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?
The answer to this question is related to
two of the Defendant’s affirmative defenses. The Second Affirmative Defense is
that the Plaintiff reputation was so tarnished that the Defendant could not
have tarnished it further. The Third Affirmative Defense is that the Plaintiff
filed this instant frivolous lawsuit as a mean to retaliate against the
Defendant for Davis’s legal actions against Turtleboy Sports and Aiden Kearney.
INTERROGATORY NO. 21
Have you or any of your
friend, acquaintances, family, coworkers, 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.
This
answer is related to the Defendant’s Second Affirmation Defense which is that
the Plaintiff’s reputation was so tarnished that the Defendant could not have
tarnished it more.
INTERROGATORY
N. 22
Please provide a legal definition or financial
definition of “political capital”.
Gaffney claims that he was harmed by his
loss of “political capital”. The plaintiff failed to provide a legal or any
definition for the term. This answer is critical in order for the Defendant to
rebut and evaluate the claim. There has been no evidence what “political
capital” is, how it is evaluated, or whether the Plaintiff loss any due to the
action of the Defendant.
INTERROGATORY NO. 26
26. Please indicate everyone
and all people who attended any and all of your fundraising events for any and
all of your candidacies for City Council of Worcester MA.
The event that the Plaintiff claims is libelous
took place at a Plaintiff fundraiser. A witness or the actual perpetrator of
the alleged event is likely amount the campaign donors or guest. This answer is
critical in the determination of the truth of the claim.
27. Please provide everyone and all people who
contributed anything to your campaigns for City Councillor. Please include
contributors of money and in kind contributions.
The event that the Plaintiff claims is
libelous took place at a Plaintiff fundraiser. A witness or the actual
perpetrator of the alleged event is likely amount the campaign donors or guests.
This answer is critical in the determination of the truth of the claim.
INTERROGATORY NO. 28
28.Please refer to Worcester
Magazine stories attached to instant Questions. Did you author any of the
social media posts with your name appearing in the reference Worcester Magazine
stories?
The
answer is related to the Defendant’s Second Affirmative Defense. The Plaintiff
reputation is so tarnished that it could not have been further tarnished by
Defendant’s actions.
RELIEF SOUGHT
The Defendant respectfully
asks the Court to compel the Plaintiff to answer the Defendant’s Interrogatories
and to cooperate in a good faith and professional manner during Discovery. The Plaintiff is suing the Defendant for one
million dollars. The Plaintiff should provide the answers, documents and
evidence to support his claims. The Defendant is deserving of the evidence to
be found in Discovery to defend himself from what could be a ruinous matter .
Respectfully Submitted
By the Pro Se Defendant
