Huon v. Breaking Media et al

Filing 124

RESPONSE by Irin Carmon, Gabby Darbyshire, Nick Denton, Gawker Media, Jezebel.com to MOTION by Plaintiff Meanith Huon to strike reply to response to motion 109 AMENDED MOTION TO STRIKE 123 Response to Plaintiff's Amended Request to Strike and Motion to Disclose the Name and Address of the Victim in the Criminal Case Against Him (Feige, David)

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

MEANITH HUON,
Plaintiff,
-againstGAWKER MEDIA a/k/a GAWKER.COM,
JEZEBEL.COM, NICK DENTON, IRIN
CARMON & GABY DARBYSHIRE
Defendants .

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CIVIL ACTION NO.:
1:11-CV-3054 (MEA JTG)

RESPONSE TO PLAINTIFF’S AMENDED REQUEST TO STRIKE AND
MOTION TO DISCLOSE THE NAME AND ADDRESS OF THE VICTIM IN
THE CRIMINAL CASE AGAINST HIM

Plaintiff having withdrawn his previous motion to strike and for sanctions, now
seeks two remedies in his recently filed amended motion: First, plaintiff wants “Exhibit
A” of filing 109 (a copy of a police report concerning one of Mr. Huon’s arrests)
stricken—something the Gawker Defendants consented to within hours of Mr. Huon’s
alerting them to his preference for redaction. That exhibit, redacted to plaintiff’s
apparent satisfaction has long since been re-filed as Exhibit C of filing 114.
Plaintiff’s second request, however, is more troublesome. Plaintiff seeks “The
complete unredacted Exhibit A.” The problem is this: the only information that was
redacted in the exhibit as initially filed concerns the name, home address, and other
identifying information of the VICTIM of Mr. Huon’s alleged criminal behavior.
Article 1, section 8.1 (a)(1) of the Illinois Constitution guarantees crime victims “the

right to be treated with fairness and respect for their dignity and privacy throughout the
criminal justice process.”
Plaintiff has provided no reason, legal basis, Or argument to support his
demand for what is essentially the disclosure of his alleged victim’s name and
home address
Plaintiff has provided no reason, no legal basis, and no argument for his demand
for what is essentially the disclosure of his alleged victim’s name and home address, and
counsel cannot imagine how such information is relevant to the civil proceedings herein.
It is odd that Plaintiff (who was himself arrested in the case the exhibit relates to)
claims not to have seen the exhibit nor to be able to obtain it. Though counsel has no
reason to doubt Plaintiff’s claim, it seems more likely that Plaintiff cannot obtain an
unredacted copy which included the private information of the victim on it, and is thus
using the civil justice system to obtain it. Such a tactic is simply improper and should not
be condoned by this court.
What seems clear upon a review of Plaintiff’s extensive filings on this issue, is
that it is this attempt--to procure information concerning the complaining witness in the
criminal case against him--that seems to be the motivating factor for his initial demands
for sanctions, his subsequent reiteration of a motion defendant’s consented to within
hours, and finally, this amended request. There is no reason to order the Defendants to
provide plaintiff with personal information concerning his alleged victim, and the
Gawker Defendant’s oppose Plaintiff’s attempt to do so.
Respectfully Submitted,
Dated: January 18, 2012
New York, New York
GAWKER MEDIA A/K/A
GAWKER.COM, JEZEBEL.COM,

NICK DENTON, IRIN CARMON
& GABY DARBYSHIRE,
By: ____/S/ David Feige_________
One of their attorneys

David Feige
GISKAN SOLOTAROFF ANDERSON
& STEWART LLP
11 Broadway, Suite 2150
New York, NY 10004
T: 212.847-8315
F: 646.520.3235
[e-mail]

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 on 1/18/12

Dated: New York, New York
January 18, 2012

Respectfully Submitted,

By: ____/S/ David Feige_________
David Feige

David Feige
Oren S. Giskan
GISKAN SOLOTAROFF ANDERSON
& STEWART LLP
11 Broadway, Suite 2150
New York, NY 10004
T: 212.847-8315
F: 646.520.3235
[e-mail]