PDF scans of lawsuit against Deb Filcman, Ron Newman, and John and Jane Does 1-100

[ron_newman]

[continuing the discussion that started here: Help! I am being sued for my participation in davis_square ]

I have placed on Dropbox a scan of the Amended Complaint that I was served with yesterday afternoon.

Here's a list of username handles mentioned in the lawsuit: https://gist.github.com/anonymous/d231f81633d2a4163536 . Most are from LJ, but a few are from the Wicked Local/Somerville Journal blog, and one is from journalfen.com .

Someone also found the original complaint in a court database. (I was never served with this one.)

The amended complaint has hundreds of pages of attached exhibits, which I did NOT scan in. They are copies of posts and comments to davis_square, davis_snark, sf_drama, discussions at journalfen.com, blog posts and comments at Wicked Local Somerville (Somerville Journal), Encyclopedia Dramatica article, etc.

Comments

[misterthorn.livejournal.com]

Thanks for sharing this. My condolences for the travail this must represent for you. I hope it all comes out well for you, and at minimal psychic, emotional, and physical cost. It couldn't have happened to a nicer guy!

[rufinia.livejournal.com]

I would ask that all people who aren't lawyers please refrain from giving legal advice right now. Ron is working on getting an attorney and will go from there.

[miss-chance.livejournal.com]

Yes, this!

[mamajoan.livejournal.com]

What he(?) said.

[ifotismeni]

Folks - I've reached out to Ron about any support he might need from the community once he has received legal counsel. As soon as we know what's needed to support fighting this, expect some organization (socially, financially, whatever is needed). Watch this space.

[browngirl.livejournal.com]

Thank you for doing this. *makes a note*

[rmd.livejournal.com]

Yeah. I suspect all this added publicity is going to be a great example of the Streisand effect (https://en.wikipedia.org/wiki/Streisand_effect) in action.

[ron_newman]

Finding legal counsel and answering the complaint within the 20-day deadline are by far my most important needs right now. I just came back from talking to some folks at Berkman Center for Internet & Society; hoping that will lead me where I need to go.

[smammy]

For the lazy, here's a list of the 28 does who are mentioned by online handle in the amended complaint.

[ron_newman]

Your link does not work. Or at least, it doesn't go to any place useful.

[smammy]

Sorry, I'm awful. The correct link is: the 28 does who are mentioned by online handle.

[ron_newman]

To clarify, these five handles are from the Somerville Journal (Wicked Local) blog:

Somerspeak
Gene
erinyes
Finnigan
courtney (of ward5online.com)

This one is from journalfen.net:
helenvalentine

I think the other 22 are from LJ, though I haven't cross-checked them all with the complaint text yet.

[emcicle.livejournal.com]

I wonder where the claim of 100 does comes from, if only 29 are singled out in the complaint?

[qwrrty.livejournal.com]

The complaint says "including but not limited to."

[rozasharn.livejournal.com]

Yeech! Unfortunately I don't have any lawyers handy to recommend, but best wishes!

[marphod.livejournal.com]

It wouldn't hurt to see if the ACLU or EFF would be interested in the case. Not that the content is what I'd want to see as a test case, it does hit their assorted bailiwicks.

The Berkman Center was also going to be a suggestion. It also might be worth seeing if someone at other local law schools/university centers would be interested. There's also a Technology and Law program at MIT ( http://ssrc.mit.edu/tl/ ).

---

Given the legal requirements to prove a libel case (http://injury.findlaw.com/torts-and-personal-injuries/elements-of-libel-and-slander.html), I can't imagine that this case is going anywhere, but better safe than sorry.

(In particular: "Generally, courts require a plaintiff to prove that he or she has been defamed in the eyes of the community or within a defined group within the community." ... Within the eyes of the davis_snark community is going to be hard.)

---

As for legal advice, it is probably best to ignore any you get here.

Any given by someone who isn't a lawyer is subject to high skepticism, and as I understand it, it is an ethical violation for lawyers to give specific legal advice without being closer to a party in the case.

[gingicat]

There are three people I've known for years on that list, fwiw.

[spatch]

HE'S GOING TO SUE THE WORLD (said sarcastically)

[tikva.livejournal.com]

Yeah, at least one of those people is going to be a little hard to find for paper-serving purposes. Which is fine, really.

[lheena.livejournal.com]

I have helenvalentine friended on LJ, and I just sent her a message in case she's the same one. I have no idea how/if/what she should do, but I'm assuming if we know any of them, we should give them a headup, yes?

[gingicat]

Yup.

[gingicat]

My condolences. I'll be hoping it gets shot down hard and he gets fined for a frivolous lawsuit. (Even better, have criminal charges filed for the date rape such that he actually has to answer to them. But that is unlikely.)

[ukelele.livejournal.com]

Courtney of ward5online? Like....the alderman?

[ron_newman]

Alderman now, but only appointed in the last few days. Back in 2010 she was just another local with a blog.

[siderea]

Ron, I'm so sorry you're going through this, and likewise my sympathies to all the other targeted parties. I am shocked and appalled.

Do keep us all updated, please.