Huon v. Breaking Media et al

Filing 195

RESPONSE by Meanith Huonin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 174 WITH EXHIBITS A TO M (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C1, # 5 Exhibit C2, # 6 Exhibit D1, # 7 Exhibit D2, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I1, # 13 Exhibit I2, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M)(Huon, Meanith)

l

Rebecca
Gayheart,"McSteamy"Eric Dane,Get GawkerSettlement
Over Threesome
Vid,.. page2 of g

48 Hours

7 of 9

Sports MYP,Braun
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pppeals

Gallery2011's lunareclipse of 9
last
9
August
4,201A2.,57
PM
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Rebecca
Gayheart,t'Mcsteamy" Eric Dane,Get
Gawker settlementover Threesome
video
By
&decioMartines
Topics
Dailv Blotter
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.
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.
.

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Eric Dane and Rebecca Gayheart (Ap photo, file)

http://www.cbsnews.comlS30
l -50408 _t62-20012647
3
-504083.hffi1

t2nt/2011

RebeccaGayheart, "McSteamyu Eric Dane, Get Gawker Settlement Over Threesome Vid...

Page 3 of 8

NEW YORK (CBS) The legalbattlebetween
GawkerandactorsErie DaneandRebecca
Gayheart been
has
settledafter tlre websiteagrcedto takedown the couple'shomemade tapein rretum themnot suingthe
sex
for
&jeenuout ofthe gossip
blog.
PICTURES:
N"aked
AnatomyHits Web
"McSteamv's"
PICTURES:
Whois KariAnn Peniche?
The Grey'sAnatornystarandhis wife had suedGawkerin September copyrightinfringemen! aftertheir
for
web video leakedto the internet,showingDane,Gayheart former beautyqueenKari Ann
threesome
and
Peniche
rompingaroundnakedandat times barelycoherent.
The lawsuit claimedthat Gawker"maliciously" distributedan uncensored
versionof the sextapeandrefusedto
comply with a cease desistorder
and
Accordingto Reuters,
Gawkerandthe coupleagreed privatemediation,which facilitateda settlement
to
that
wasfiled with fhe Los AngelesCounty SuperiorCourt last week.Sources
closeto the casevaluedthe settlement
in the low-six figures.
DaneandGayheart
wereoriginally askingfor morethan $l million in damages.
fair
the
'Although we are confidentthat our useof the video on Gawkerwasprotected use-- because posts
alreadyhadbeenavailableto our readers nearly ayear, andbecause alreadyhad won an important
for
we
decisionfrom the court striking largepartsof the plaintiffs'damages
claims- we agreed removethe postsas
to
part of a global settlement avoid the burdenof further litigation," Gawkerchief operatingofficer Gaby
to
Darbyshiresaidin a statement
obtainedby Reuters.
Danefust appeared ABC'shighly ratedshow,"Grey'sAnatomy,"in 2005,in which he playedDr. Mark
in
Sloan,alsoknown asMcSteamy. populantywith fans led to a regularrole on the show.
His
is
and
knownfor rolesin "CSI: Miami,u"Nip/Tuck,"and"Vanished."
Gayheart a television film actress
She
alsohada recurring
role in the originalBeverlyHills 90210series.
Penicheis a former beautyqueenwho won Miss United States
Teen"but was strippedof her title after appearing
nudein Playboy.
At onepoint in the video, Gayheart,
who seems be holding the camera,
to
says"I needto lay down too. I am
very high." Shethenjoins a nakedPeniche,
who was loungingon the bed.
a
Gawkerhadreleased l2-minute editedversionof the video in which everyone's
lower privatepartsarebluned
over. Othersiteshavebeenmorerevealing.
MEDIA:
PICTURES:
'McSteamy's"
Nakp.d
AnatomyHits Web
PICTURES:
Who is Kari.dnnPeniche?
MORE ON CRIMESIDER
Ausust21...2909
in
thq
NakedWebVid?
- Who is Kari Ann Peniche. OtherWoman "McSteamy"
Lookingat Grev'sAnatomy.Star Dane's
Auglrst17. 2009- Report:
Cgps.
Eric
Vidgo:Are
NakedThreesome
You?
20"
Phillips Jo.hn
and
and
Bombshell
Seotembgr 2009- Mpckenzie
Fhillips:Incest Drues_

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Flight Attendant Files $40 Million Libel Suit Against Gawke-.. Page 1 of 4
Ex-Arnold Schwarzenegger

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Flight Attendant
Ex-Arnold Schwarzenegger
Files$+o Million Libel3uit AgainstGawker,
NationalEnquirer

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Arnold Schwarzenegger's longtime personal flight
attendant hasfiled a $4o million lawsuit that claims
Gawker, the Nationol Bnquiirer, the London Dcily
MaiI and other news outlets libeled her in articles
portraying her as the ex-California governor's mistress
and one ofher sons as his secretlove child.
In the July z8 suit, filed in Orange County Superior
Court, Tammy Tousignant of Brea seeksdamages for
defamation by libel, invasion of privacy and
misappropriation of personal images following a ssrig5 qf

Comrnented

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(6)
Comments -.i

AM
at
Aug.
Moxleywed., 3 201'1 10:35
ByR. Scott
Crimo& Sex,Fi|m,Moxloy,Politics
New3,
B|Eaking
Cat6qorios:
0

Billboard
Advocatea
Separallon of
church & State

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Our Lrdy of Guadalupe Ghurch In Santa Anr Has Fire
by Baptlim
IUPOATED Wlth Oetalls About Tho Accldont:l cal stato
Long Beach Fatal Elovator Accidont Launchoa
lnveltlgatlon

lllore MostPoPular...

sdrrvrrzcnesscr

zoo3 and zort articles that wrongly allegedshe "was
Amold's lover" and that her son, Tanner, "was Arnold's."

DEAI IN OC
TODAY'S
$45 Beginnc/s
ShootifE Clas For
Tm nt LAX Firing
Rangc(SltloVabe)

Harry Frank scolinos, Tousignant's Pasadena-basedlawyer, slammed the publications
in his rr7-page brief, which includes copies ofthe offending articles.
"Freedom ofthe press is a valuable right, but it is not a license for gossipy tabloids to tar
and feather innocent citizens and destroy their reputations for the rags' profit," wrote
scolinos. "Given the nearly instantaneous and worldwide availability ofon-line and print
articles, one would expect more rigorous standards to be imposed on those who report
news, particularly where such 'news' involves disclosing very personal and private details

ffi3$#:'frUffi

CARWBffii,iII
EVEBY

of the lives of non-public fi gures."
According to the lawsuit, Tanner--a graduate ofBrea Olinda High School-is the
August 1gg2 offspring ofTammy and her husband Tom. The couple--married since r99z-have another son, conner, who was born in July t997. Tammy worketl as Schwarzenegger's
flight attendant on the wealthy Hollywood actor's privatejet from 1987 to 1999'
Articles in zoo3 claimed that "not only was tlere an affair between Arnold and Tammy but
that Tammy claimed that her son was fathered by Arnold," that Tanner "bears a physical
resemblance to Amold," and that the boy is "Arnold's love child."
Earlier this year, the Ins Angeles Times reported that schwarzenegger had privately

h@://blogs.ocweekly.com/navelgazingl2}ll/08/ex-amold-schwarzenegger-fligh.php

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