Calling Mr. Gaffney a Black Panther

Calling Mr. Gaffney a Black Panther

This update is not legal advice

Hearing on Defendant’s Motion to Dismiss

On August 25, 2016 Judge Taylor held a hearing regarding Ms. Tirella’s Motion to Dismiss. A Motion to Dismiss is different than a Motion for Summary Judgement in that it asks the Court to make a determination regarding whether the Complaint meets the prima facie requirements or substance of a defamation case. A Motion for Summary Judgement asks the Court to determine the case based on the evidence presented.

Although the Defendant Ms. Tirella made a Motion to Dismiss, Defendant Davis did not.  He chose instead to go through the Discovery proceedings and seek Summary Judgement or a trial afterwards. Even if Ms. Tirella’s case is dismissed. the Judge should continue the Gaffney vs. Davis part of the case.

Defendant Tirella’s attorneys argued that not one of the articles in InCity Times is defamatory.  Mr. Gaffney argued that no single article was defamation, but the articles had to be viewed together as a group.

The Judge asked Mr. Gaffney in an attempt to clarify his position ”… was it defamatory for Hillary Clinton to call Donald Trump a racist?”. The Judge then asked Mr. Gaffney was it defamation for someone to call him a White Supremacist or a Black Panther. Mr. Gaffney said that no one would call him a Black Panther.

Errors in Mr. Gaffney’s Motion to Amend

The Judge has not made a ruling yet. In a notice, subsequent to the Dismissal Hearing, from the Court Clerk the Judge said that Mr. Gaffney had errored in his Motion to Amend the Complaint. The error is that Mr. Gaffney did not include the draft of the Amendment or wrote the Amendment incorrectly.

In August 2016  I complained to the Court that Mr. Gaffney did not send me a copy of his Amendment and therefore I could not effectively oppose it. It appears that Mr. Gaffney did not send a copy of the Amendment to the Court as well.

The Judge said that he would not rule on Ms. Tirella’s Motion to Dismiss until Mr. Gaffney sent a copy of his Amendment. The Court gave Mr. Gaffney 10 days to comply.

Mr. Gaffney Contempt of Court

Even though the Court ordered Mr. Gaffney to answer my Interrogatories, he has again failed to do so, He is now in contempt of Court. I will ask the Court for sanctions.

Turtleboy Desposition

As for Turtleboy, there is a hearing on his Protective Order on September 13, 2016. The Judge will rule on whether I can depose Turtleboy and if there are restrictions on the questions I can ask.