Seeing What Sticks to the Wall

Not legal advice

Seeing What Sticks to the Wall

Turtleboy

I am not a lawyer; my practice is in the regulatory agencies. I made an error in serving Turtleboy a subpoena. Although anyone over the age of 18 years can serve the subpoena, a party to the complaint can not serve the subpoena.  The second subpoena commanding Turtleboy to appear for a deposition was served by the Sheriff to Turtleboy’s new location in Holden.  The deposition is scheduled for November 2, 2016.  The subpoena is seen below as Exhibit 1.

Mr.  Gaffney

The Judge allowed Mr. Gaffney to amend his complaint. The amended complaint is qualitatively a different complaint than Mr. Gaffney’s first complaint filed in February 2016. There seems a sense of desperation by Mr. Gaffney. He seemingly is throwing everything into the amended complaint in the hope of something sticking.

First Mr. Gaffney has resorted to name calling. In his Amended Complaint I am called a “race divider”. Of course the name calling is not relevant to the case. This wrongful characterization could be intended by Mr. Gaffney to prejudice the Judge. The other possibility is that Mr. Gaffney has thin skin and is seeking retaliation.

Second my letter to the Board of Overseer was claimed to be defamatory. As Mr. Gaffney knows a complaint to the Board of Overseers is protected speech and therefore immaterial to the case.

Mr. Gaffney thirdly is upset that I intend to depose his wife. He has sworn under oath that his wife was negatively affected by the alleged defamation.

A fourth issue raised by Mr. Gaffney was my pointing out errors he made in his documents and thinking. Because Mr. Gaffney claims a million dollar in damages the accuracy of his work is material evidence whether his sit is frivolous.

In response to the Amended Complaint I have sent to the Court a new set of Answers corresponding to the items in Mr. Gaffney’s Amended Complaint. (Exhibit 2)

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EXHIBIT 1

The Commonwealth of Massachusetts

Subpoena (Duces Tecum)

Worcester ss.

Worcester Superior Civil Court

Civil Action No. 16-0288 B

To: the Keeper of the Records:

 Turtleboy Digital Marketing LLC (Turtleboy)

You are hereby commanded, in the name of the Commonwealth of Massachusetts, to appear for Deposition and Duces Tecum on the 2^nd day of November, in the year 2016, at 10 o’clock am, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence (deposition) of what you know relating to an action then and there to be heard and tried between

Michael T. Gaffney, Plaintiff, and

Gordon T. Davis et al, Defendants,

Docket number 16-0288 B,

 You are further required to bring with you

all of the following documents in their media, including paper and electronic.

 The Deponent is required to bring the following records.

1.   ALL correspondences between Turtleboy and the Plaintiff, Michael T. Gaffney (hereinafter referred to as “Mr. Gaffney”). Please include invoices, receipts, and contracts as well any and all materials written by Mr. Gaffney and published or appearing in your publication.

2.   All correspondence between any Massachusetts agency and Turtleboy regarding Mr. Gaffney

3.   A copy of the article dated December 9, 2015, “Mosaic Mafia Family Structure”

4.   A copy of any and all publications, published materials or comments regarding the people whom Turtleboy claimed was in the Mosaic Mafia Family. The time period for these publications are from December 10, 2014 through present.

5.   The IP addresses of each and all commenter on the published materials found in item 4 above.

6.   The names of the authors and photographers for each publication and each published article relating to the people referenced in Item 4 above.

7.   A copy of Turtleboy’s incorporation documents.

8.    The names of all officers of Turtleboy from the time of its incorporation to present.

The questioning of the documents and your giving evidence shall take place at Real Time Court Reporting located at 9 Hammond St, Worcester MA 01610.

Hereof fail not, as your failure to appear as required will subject you to such pains and penalties as the law provides.

Dated at Worcester, the September 20, in the year 2016.

____________________________________

Gordon T. Davis, Pro Se Defendant

___________________                                                                                       Notary Public

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EXHIBIT2

Worcester Superior Court

225 Main Street

Worcester, MA 01608

Re:  Gaffney vs. InCity Times et al, Docket 16-0288 B

Request for Leave to Reply to Plaintiff’s Amended Complaint Date September 29, 2016

Dear Honorable Judge Tucker:

Pursuant to Superior Court Rule 9A (3), Defendant, Gordon T. Davis respectfully requests leave of this Court to file Answers to the Plaintiff’s Amended Complaint dated September 9, 2016. The Amendments to the Complaint are substantial and makes the Complaint qualitatively and materially different than the Complaint filed with Court in February 2016.

This reply is necessary as Plaintiff has served the Defendant with the Amended Complaint without the opportunity to either Answer or seek Dismissal or Oppose.

Defendant could not have anticipated the Amendments would substantially and qualitative change the Complaint filed in February 2016...

Therefore Defendant requests leave to properly Answer the Plaintiff’s Amended Complaint.

The Defendant Gordon T. Davis’ Answers to the Amended Complaint is enclosed.

Sincerely,

Gordon T. Davis

Pro Se Plaintiff

Cc: Michael T. Gaffney, Esq.

       Robert Scott, Esq.