Huon v. Breaking Media et al

Filing 110

MOTION by Plaintiff Meanith Huon to strike reply to response to motion 109 EXHIBIT A OF GAWKER'S REPLY BRIEF FOR DISCLOSING MR. HUON'S SOCIAL SECURITY NUMBER, DATE OF BIRTH, DRIVER'S LICENSE NUMBER, MOTION by Plaintiff Meanith Huon for sanctions (Attachments: # 1 Exhibit A)(Huon, Meanith)

IIN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MEANITH HUON,
Plaintiff,
v.

ABOVETHELAW.COM,

et. al.
Defendants

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) CIVIL ACTION NO.: 1: 11-cv-3054
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MOTION TO STRIKE AND FOR SANCTIONS FOR DISCLOSING MR. HUON’S
DATE OF BIRTH, SOCIAL SECURITY NUMBER, DRIVER’S LICENSE NUMBER IN
VIOLATION OF FRCP 5.2
Plaintiff, Meanith Huon, states as follows:

1.

FRCP 5.2 provides in part as follows:

a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing
with the court that contains an individual's social-security number, taxpayer-identification
number, or birth date, the name of an individual known to be a minor, or a financialaccount number, a party or nonparty making the filing may include only:
(1) the last four digits of the social-security number and taxpayer-identification
number;
(2) the year of the individual's birth;
(3) the minor's initials; and
(4) the last four digits of the financial-account number (emphasis supplied).

2.

Mr. Huon has filed a Second Amended Complaint against Defendants, Irin
Carmon, Gabby Darbyshire, Nick Denton, Gawker Media, Jezebel.com (collectively
referred to as “The Jezebel.com Defendants”) alleging, among other things, that

Defendants engaged in cyberstalking and cyberbulling and defamed him.
3.

Defendants and its attorneys seem to believe that just because Mr. Huon was

falsely arrested in 2008 and 2009 by Madison County, that somehow that provides
them with immunity from prosecution for every personal attack on him. However,
the Seventh Circuit noted, “such a rule ‘would strip people who had done bad things
of any legal protection against being defamed; they would be defamation outlaws.’”
Desnick v. American Broadcasting Companies, Inc., 44 F.3d 1345, 1351 (7th Cir.
1995).
4. Although the attorney litigation privilege does not cover the publication of
defamatory matter that has no connection whatsoever with the litigation, Defendants’
attorney insisted in its Memorandum of Law that Mr. Huon has pending criminal
charges, which is untrue. Restatement (Second) of Torts § 586 comment; Kurczaba
v. Pollock, 318 Ill.App.3d 686, (1st Dist. 2000).
5. In its Defendants’ Reply brief, Defendants attach what appears to be the police
report from Case No. 11231631.

On the second court date--before tendering

discovery-- the Cook County State Attorney’s Office voluntarily dismissed all
charges Case No. 11231631.

Defendants’ do not attach the Court order or half sheet

dismissing the charges. Mr. Huon now has to obtain court records showing that the
charges have been dismissed.
6. Worse, the Jezebel Defendants and its attorneys continue to engage in tactics to
attempt to intimidate and harass Mr. Huon by filing the police report containing Mr.
Huon’s complete date of birth and Social Security Number, in violation of FRCP 5.2.
Defendants redacted other parts of the police report but did not redact Mr. Huon’s

complete Social Security Number and date of birth and other personal information,
including his driver’s license number.
7. Since the court records are public records, any individual can access Mr. Huon’s
personal information, including his complete Social Security Number and date of
birth.
8. The Jezebel Defendants and its attorneys know or should know that a meritorious
argument can be made that the arrest and dismissal of the charges in Case No.
11231631 may have been prompted by a copycat claim, as a result of the publication
of the Jezebel Defendants’ article. As the Jezebel Defendants’ admit in its
Memorandum, the story given by the complainant, Stephanie Andrews resembles
more closely the “talent scout” story posted by the Jezebel Defendants and the Above
The Law Defendants than the original proceedings. (On information and belief, there
is no evidence that Mr. Huon posed as a “talent scout” in the original proceedings).
Defendants and its attorneys know or should know that anyone with a computer and a
grudge against Mr. Huon can now access his complete personal information
consisting of his date of birth, Social Security Number, driver’s license number,
address, telephone number.
9. Defendants’ attorneys are experienced Federal Court litigators and have retained
local counsel in Illinois, who are experienced Federal Court litigators. On
information and belief, the restrictions on the disclosure of private information in
FRCP 5.2 repeated when a filer files an electronic document:
IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must
redact: Social Security or taxpayer-identification numbers; dates of birth; names of
minor children; financial account numbers; and, in criminal cases, home addresses, in
compliance with Fed. R. Civ. P. 5.2 or Fed. R. Crim. P. 49.1. This requirement

applies to all documents, including attachments.
The filer is then required to check a box certifying that “I understand that, if I file, I
must comply with the redaction rules. I have read this notice.”
10. The violation of FRCP 5.2 at the pleading stage constitutes Defendants’ and its
attorneys’ ongoing efforts to intimidate and harass Mr. Huon for bringing this lawsuit.
11. Pursuant to FRCP 37(1)(B), Mr. Huon has requested a copy of the unredacted
police report. Any attempt by Mr. Huon to resolve the remaining issue of the
disclosure with counsel under FRCP 37(1)(B) cannot undo the disclosure of his
private information.
12. Mr. Huon will attempt to obtain a copy of the order or half sheet dismissing the
charges in Case No. 11231631 for the Court, which the Jezebel Defendants
conveniently omit.
WHEREFORE, Plaintiff, Meanith Huon, requests that this Honorable Court:
1.

Strike Exhibit “A” of the Jezebel Defendants’ Reply Brief and order the Clerk to
remove Exhibit “A”.

2.

Order the Jezebel Defendants to produce to Mr. Huon the complete unredacted
Exhibit “A”.

3.

Impose sanctions against the Jezebel Defendants and for other appropriate relief
as the Court deems fit.

Respectfully Submitted,
By: /s/ Meanith Huon /s/
Meanith Huon

Meanith Huon
ARDC No.: 6230996
PO Box 441
Chicago, IL 60690
312-405-2789
[e-mail]

IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

MEANITH HUON,
Plaintiff,
v.

FORMER MADISON COUNTY STATE'S
ATTORNEY WILLIAM MUDGE, et. al.

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CIVIL ACTION NO. 11-3050
JURY TRIAL DEMANDED

CERTIFICATE OF SERVICE
Under penalties of law, I attest the following documents or items have been or are being
electronically served on all counsel of record for all parties:

MOTION TO STRIKE AND FOR SANCTIONS FOR DISCLOSING MR. HUON’S
DATE OF BIRTH, SOCIAL SECURITY NUMBER, DRIVER’S LICENSE NUMBER IN
VIOLATION OF FRCP 5.2

Respectfully submitted,
/s/ Meanith Huon
Meanith Huon
PO Box 441
Chicago, Illinois 60690
Phone: [phone]

E-mail: [e-mail]
IL ARDC. No.: 6230996