Yellow Book USA Inc et al v. Brandeberry

Filing 78

ENTRY AND ORDER: Counterclaim Plaintiff Steven M. Brandeberry ("Brandeberry") is given until not later than July 25, 2011 to identify specific alleged defamatory statements that he intends to use at trial to show defamation. Counterclai m Defendants Yellow Book USA, Inc. and Yellow Book Sales and Distribution Company, Inc. (collectively referred to herein as "Yellow Book") are given until not later than August 1, 2011 to respond. Signed by Judge Thomas M Rose on 7/13/11. (bac1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
YELLOW BOOK USA, INC., et al.,
Case No. 3:10-CV-025
Plaintiffs,
Judge Thomas M. Rose
-vSTEVEN M. BRANDEBERRY,
Defendant.
______________________________________________________________________________
ENTRY AND ORDER
______________________________________________________________________________
Counterclaim Plaintiff Steven M. Brandeberry (“Brandeberry”) is given until not later
than July 25, 2011 to identify specific alleged defamatory statements1 that he intends to use at
trial to show defamation. Counterclaim Defendants Yellow Book USA, Inc. and Yellow Book
Sales and Distribution Company, Inc. (collectively referred to herein as “Yellow Book”) are
given until not later than August 1, 2011 to respond. The Court will then determine which, if
any, of the alleged defamatory statements is protected by the free speech provisions in the Ohio
Constitution. The Court will also, if necessary, determine those that are protected because they
are legally true based upon prior ruling of this Court.
Alleged defamatory statements that are identified by Brandeberry in response to this
Entry and Order and not protected may be used at trial. Other alleged defamatory statements may
not be used at trial.

1

Each specific alleged defamation must be separately identified. Combinations of alleged
defamations are not acceptable. For example, “con artist” and “thief” are two separate
allegations.

DONE and ORDERED in Dayton, Ohio this Thirteenth day of July, 2011.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record

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