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)

Download PDF
l Rebecca Gayheart,"McSteamy"Eric Dane,Get GawkerSettlement Over Threesome Vid,.. page2 of g 48 Hours 7 of 9 Sports MYP,Braun NL positivedrugtestg of 9 pppeals Gallery2011's lunareclipse of 9 last 9 August 4,201A2.,57 PM . Print . Text Rebecca Gayheart,t'Mcsteamy" Eric Dane,Get Gawker settlementover Threesome video By &decioMartines Topics Dailv Blotter . . . . . Have Add Co.rmment your Sav Email StorySend a Friend to Share ThisTellYour Friends TweetThisTweetThis MoreShare It 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 and and Bombshell Seotembgr 2009- Mpckenzie Fhillips:Incest Drues_ Recommend recommerd Bethe firstof yourfriends. this. 6 people . Add CommentHaveYour Say . Email StorySend a Friend to -504083_1 -20A12647-504083.html I 62 tzlrll20lr Flight Attendant Files $40 Million Libel Suit Against Gawke-.. Page 1 of 4 Ex-Arnold Schwarzenegger Log in v Sign up v v Browsevoice Nation MostPopularI MostRecent Blogs r)l '-1 OC Search Weekly q^ Ut|n.e. Admln Obama (Again) Promlsae Not to WageWar on MedicalPot blqg STORIES _F. CatholicLeagus vs. Gustavo A16llanol tilrrilr TOP i'[t-9j ' r . Leanlng Tower of ': Tires Now at qff8:r,f$:it"" $tories MostPopular Flight Attendant Ex-Arnold Schwarzenegger Files$+o Million Libel3uit AgainstGawker, NationalEnquirer I Vieweo I Recellt Woman Plungos to Her tleath From Qussn Mary I Obamr Adminbtration Promisos (Ag8in) Not to Wago War on Medlcal Marijuant Olgg Clar€nco Butterfiold: App€ale Coud Reloct3 Sox With Daughter Complaint By Nutty Killer retweet 0 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 II (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 Bv JustinSnadv Atellarc By Gustavo Lrke 3 Sl|r.ltdac ltrt.t BroaklngNewe Shdre J 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@://}ll/08/ex-amold-schwarzenegger-fligh.php r2lrll20ll

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?