Huon v. Breaking Media et al

Filing 68

REPLY by Meanith Huon to response to motion, 66 , response to motion 67 (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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PLAINTIFF’S REPLY IN SUPORT OF
MOTION TO PRESENT
THE JEZEBEL.COM DEFENDANTS’ MOTION TO DIMISS AND
FOR CLARIFICATION
Plaintiff, Meanith Huon, states as follows:
1.

This Court previously entered a briefing schedule with respect only to the Motion
to Dismiss of Breaking Media, LLC, Breaking Media, Breakingmedia.com, David
Lat, John Lerner, Abovethelaw.com, Elie Mystal, (“The Above the Law”
Defendants”). The Above the Law Defendants filed a Motion to Dismiss and a 22page Memorandum of Law with Exhibits in Excess of 170 page.

2.

Plaintiff was given until October 31, 2011 to file a Response brief. The hearing
date is December 22, 2011.

3.

The Court also gave the parties leave to file brief in excess of 15 pages but not to
exceed 22 pages.

4.

Defendants, Irin Carmon, Gabby Darbyshire, Nick Denton, Gawker Media,
Jezebel.com (collectively referred to as “The Jezebel.com Defendants”) filed a

motion for leave to file a brief in excess of 15 pages, without filing the actual brief
with its motion. The Jezebel.com Defendants never noticed up their motion.
5.

After a briefing schedule was entered on the Motion to Dismiss of the Above The
Law Defendants, the Jezebel.com Defendants filed a Motion to Dismiss and
Supporting Memorandum totaling 31 pages and with exhibits. The Jezebel.com
Defendants did not file a Notice of its Motion to Dismiss.

6.

Plaintiff filed a motion to present the Jezebel.com Defendants’ Motion to
Dismiss, as a courtesy, after contacting counsel for the Jezebel.com Defendants to
advise them that they never filed Notice of motions to present their motions.

7.

The Jezebel.com Defendants then filed two Notice of motion setting their motions
for hearing on November 10, 2011 (Document No. 62 and 63.).

8.

The Jezebel.com Defendants have now filed an Amended Notice and a Response
brief asking that the Court set a briefing schedule on a much shorter schedule and
with an earlier November hearing date than previously set with respect to The Above
The Law Defendants in December.

9.

The Jezebel.com Defendants refer in their Response brief to this lawsuit as being
a strategic lawsuit against public participation (SLAPP). On information and belief, a
SLAPP is a lawsuit that is intended to censor, intimidate, and silence critics by
burdening them with the cost of a legal defense until they abandon their criticism or
opposition.
http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

10.

Mr. Huon is a pro se plaintiff who was falsely accused of a crime and acquitted.
The Jezebel.com Defendants maintained a website and posted a story calling him a

“Rapist” with his photograph and published a comment encouraging readers to
Google his phone number and contact him.
11.

Mr. Huon has not hired a litigation boutique or a major law firm to file a lawsuit
to burden the Defendants with the cost of litigation. Mr. Huon has extended every
courtesy to the defendants, including not opposing every request for extension of time
by The Above The Law Defendants. Mr. Huon filed a motion to present the
Jezebel.com Defendants whose counsel filed three separate Notice of Motions for the
same motion. Defendants’ Motion to Dismiss would not have even been presented
this soon, had Mr. Huon not notify the parties’ counsels and the Court.

12.

Mr. Huon is a pro se plaintiff who has filed a lawsuit against the Jezebel.com
Defendants, which include Gawker Media. On information and belief, Gawker
Media is an American online media company and blog network, founded and owned
by Nick Denton based in New York City. It is considered to be one of the most
visible and successful blog-oriented media companies. As of March 2010, it is the
parent company for 11 different weblogs: Gawker.com, Fleshbot, Deadspin,
Lifehacker, Gizmodo, Kotaku, Jalopnik, Jezebel, Gawker.tv, and Cityfile. See
http://en.wikipedia.org/wiki/Gawker_Media.

13.

On information and belief, in the February 20, 2006 issue of New York Magazine,
Jossip founder David Hauslaib estimated Gawker.com's annual advertising revenue to
be at least $1 million two years ago, and possibly over $2 million a year. Combined
with low operating costs — mostly web hosting fees and writer salaries — Denton
was already believed to be turning a healthy profit in 2006. In 2009, the corporation
was estimated to be worth $300 million, with $60 million in advertising revenues and

more than $30 million in operating profit.
http://en.wikipedia.org/wiki/Gawker_Media.
14.

The only efforts taken to censor, intimidate, and silence critics by burdening them
with the cost of a legal defense until they abandon their criticism or opposition has
been the actions of the Jezebel.com Defendants in retaining a prominent law firm to
aggressively litigate this case, including arguing over the number of days to respond
to a motion. Defendants retained two sets of law firms, one in New York and one in
Chicago. The only efforts to burden a party has been by the Jezebel.com Defendants
in filing multiple Notices of motions with different court dates, creating confusion.
Defendants have local counsel that should be familiar with the local rules and
electronic filing. Defendants’ recent Response brief was filed twice as Doc. Nos. 66
and 67.

15.

The defamatory content regarding Mr. Huon remains in place.

16.

With respect to the comments by counsel for the Jezebel.com Defendants about
Mr. Huon not being a plumber, prisoner, or like other pro se plaintiff, many plumbers
and pro se plaintiff’s don’t spend their life’s savings to defend themselves against
false charges only to have to raise the funds to litigate a lawsuit against a media
empire that is in the business of generating advertising revenue by making fun of
people’s misfortunes and defaming them. This is not journalism. Unfortunately, pro
prisoners don’t have the resources to litigate against media companies with the
resources to hire a prominent litigation boutique or to defend against false
accusations, which may be the reason why they are in prison.

17.

The hearing date in this matter on The Above The Law Defendants’ Motion to

Dismiss is December 22, 2011. Defendants would suffer no prejudice since their
website continues to defame Mr. Huon by republishing the defamatory content
worldwide on the Internet, generating more traffic to their website.
WHEREFORE, Plaintiff, Meanith Huon, requests that this Honorable Court:
1.

Enter and continue the Motion to Dismiss of the Jezebel.com generally, pending
the Court’s ruling on The Above the Law Defendants’ Motion to Dismiss and excuse
Plaintiff from having to respond until further order of Court.

2.

In the alternative, Plaintiff requests that this Court grant him leave to file a
Response Brief to the Jezebel.com Defendants’ Motion and 27-page Memorandum in
excess of 15 pages (but no more than 27 pages) and to give Plaintiff 60 days, until,
November 30, 2011 to file a Response Brief to the Jezebel.com’s Motion to Dismiss.

Respectfully Submitted,
By: /s/ Meanith Huon
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 on October 4, 2011:

PLAINTIFF’S REPLY BRIEF IN SUPPORT OF MOTION TO PRESENT
THE JEZEBEL.COM DEFENDANTS’ MOTION TO DIMISS AND
FOR CLARIFICATION

Respectfully submitted,
/s/ Meanith Huon
Meanith Huon
PO Box 441
Chicago, Illinois 60690
Phone: [phone]
E-mail: [e-mail]
IL ARDC. No.: 6230996