Steinbuch v. Hachette Book Group

Filing 36

BRIEF IN OPPOSITION filed by Hachette Book Group re 31 Motion to Amend/Correct (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Stone, Clayborne)

Exhibit 4

Case 1 :05-cv-00970-PLF-JMF

Document 44-4

Filed 08/16/2006

Page 1 of 2

Affirmation of Robert Steinbuch 1746, I declare:

Pursuant to 28 U.S.C.

1. I worked in the United States Senate as a committee staff attorney. 2. After working with other staff members, I believe that I developed an excellent reputation in the Senate. 3. On May 18, 2004, I discovered the existence of, and read, Jessica Cutler's actual "Washinqtonienne" blog. 4. Specifically, on May 18, 2004, my colleague told me "Someone that you're dating about the blog and said: She used your name wrote an intimate blog about you. in it." S. The blog was one single web-page. 6. In reviewing the single web-page, I read one whole evolving story. 7. As I read the blog, it gave hints as to my identity as the individual initially denominated in the blog as "RS." 8. However, the blog did not confirm my identity until its very end, in the section labeled "May 18." In that section, Jessica Cutler for the first time Absent this information, I do identified me by name. identity would have been not think that my Indeed, I received numerous discernible in the biog. ls from various people, many whom I did not phone cal knew, telling me that they were able to identify me from the use of my name Rob in the blog. 9. The blog invaded my privacy by disclosing my private facts and by portraying me in a false light. 10. The invasions of privacy resulting from the blog caused me significant emotional distress and physical I have pain for which I sought medical treatment. suffered from lost appetite, lost weight, nausea, vomiting, insomnia, stress, anxiety, feelings of violation and mortification, humiliation, embarrassment, mental distress and anguish, feelings of degradation, feelings of scorn, feeli:igs of ridicule and shunning by people in the community, nightmares, shame, headaches, and other ailments. One friend refused to talk 11. I have been ostracized. to me as a consequence of the blog.

Case I :05-cv-00970-PLF-JMF

Document 44-4

Filed 08/16/2006

Page 2 of 2

12. t believe that my professional reputation in the Senate, while falling from its excellent level, did not fall below a good level because my co--workers knew me well. 13. In contrast, however, my professional reputation outside the Senate, and my personal reputation, was severely impacted. 14. As I applied for jobs outside the Senate, every prospective employer raised the issue of the blog Prior to the all before I filed the instant lawsuit. filing of this action, prospective employers specifically told me that the blog hurt my chances to gain employment, and a Dean of a law school informed me that the blog prevented me from getting employment as a law professor at his law school. I 15. 1 spoke to Jessica Cutler after Nay 18, 2004. asked Jessica Cutler why she would use my name in her At that point, Jessica Cutler specifically blog. told me that she routinely edited her entire blog suggesting that she might have taken my name out of the b2.og at a later point. 16, Instead of trying to minimize the harm to me, Jessica Cutler and others affirmatively acted to further invade my privacy by publishing a book that did further invade my privacy that caused me additional and separate harm, which is the subject of a separate
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legal proceeding.

Robert Steinbuch

2