Wednesday, October 12, 2016

Mr. Gaffney Caught in His Own Traps

                        


Not Legal Advice

MR. GAFFNEY CAUGHT IN A TRAP OF HIS OWN MAKING

Mr. Gaffney has sent his Motion to Dismiss his own lawsuit. He is in a hurry to end his lawsuit due to the Court Order that he provide to the Defendant critical information including his tax returns, his relationship to Turtleboy, and an admission whether he wrote the offense email against City Councillor Rivera.

I get an opportunity to write an Opposition Memo. This Memo is found below.

---------------------------------------------------------------------------------------------                                                                                                                                 

                                                                                                                                                                                                                                                                                                                                                                                      COMMONWEALTH OF MASACHUSETTS

                                                                                                                                                                  WORCESTER,          SS                                                          
SUPERIOR COURT                                                                                                                                                                                                                                                                                                        
                                                                                                      16-0288 B
                                                          
********************************                                                                                                                                      
Michael Gaffney, Plaintiff                      *
                                                                   * 
                             Vs.                                  * 
                                                                    *
Gordon T. Davis                                        *                                                                        InCity Times                                           *
Rosalie Tirella                                           *
Defendants                                                 *                                                                                                                                                                 
********************************
 DEFENDANT GORDON T. DAVIS’ OPOSITION MEMO TO PLAINTIFF’S MOTION TO DISMISS HIS LAWSUIT.

Now comes the Defendant Gordon T. Davis and he respectfully requests that this honorable court deny Plaintiff’s Motion to Dismiss his own Lawsuit.
Background
1.     The Plaintiff Gaffney has moved to have the Court dismiss his own case based on the following reasons.

a.     Defendant Tirella has retracted a “false and libelous “statement of fact.

b.     Defendant Davis has allegedly wrote the “false and libelous” statement of fact.

c.      Defendant’s Davis’ alleged “ false and libelous” statement of fact has been repudiated by the Publisher

d.     Plaintiff and Defendant Tirella will file a Stipulation with the Court.

Argument

2.      Defendant Tirella does not have sufficient information to make a determination of either the truthfulness of the Defendant Davis’ statement or whether it legally meets the standards of Defamation of a Public Official.
The Plaintiff Gaffney does not offer any evidence of the truthfulness of Defendant Davis’ statement nor does he present any evidence of defamation in his Motion.

There is evidence found in the Worcester Telegram article that Defendant Tirella was bullied and threatened with bankruptcy into making her retraction. (Exhibit 1)

3.     Defendant has denied in his pleadings that he did not write anything untrue or defamatory regarding the Plaintiff.  The Defendant requests that the Court allow Defendant Davis the opportunity to defend himself against the frivolous charges by Defendant Gaffney.

4.      Defendant Davis has filed a Motion for the Award of Sanctions for a Frivolous Lawsuit filed by Plaintiff Gaffney.

Defendant Davis asks the Court to delay any ruling on this instant Motion to Dismiss until a time after a Hearing on Defendant Davis’ Motion for Award of Sanctions is heard and ruled upon.

5.     The Plaintiff Gaffney is now in Contempt of Court for failing to provide
Answers to Interrogatories by October 7, 2016 as ordered by Judge Tucker. Defendant Davis is writing a Motion for a Hearing to Dismiss regarding this Contempt of Court by noncompliance with Court Order.

This is evidence that the Defendant Gaffney is rushing to Dismiss his own Lawsuit to avoid complying with Judge Tucker’s Order to provide Answers.

6.     Defendant Davis was not included in anyway in the writing of a retraction or a Stipulation. This should have been the minimum requirement for any Dismissal of the Lawsuit.


Conclusion
For the reasons seen above, the Court should deny the Motion for Dismissal of Plaintiff own Lawsuit against Defendant Davis. The basis given for the Motion for Dismissal is unfounded and untrue.
The minimum standard for the Dismissal of the Plaintiff Lawsuit (stipulation by Defendant) has not been met.
There is evidence that the Plaintiff is in Contempt of Court and is seeking to undue this Contempt by withdrawing his case.
The is evidence found in Defendant’s Motion for Award of Sanctions that the Plaintiff case is Frivolous and filed in Bad Faith. The Court should hear the Defendant’s Motion for Sanctions before Allowing Plaintiff Motion to Dismiss.

Respectfully submitted,

Gordon T. Davis

Pro Se Defendant

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